Joint Legislative Committee on Administrative Rules
Action Minutes
JULY 7, 2005
Members Present: Representatives Patten, Allan, Taylor, Bicknell, Dodge*, Blanchard*,
(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Item 9. However, that item was approved.)
1. The meeting was convened at 9:00 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Allan, Taylor, Dodge, Bicknell, Carson, Millham, and Pilotte, and Sens. Letourneau and Clegg.
Rep. Patten appointed Rep. Pilotte,
Sen. Clegg, Sen. Bragdon, Rep. Carson, and Rep. Dodge as alternates, respectively,
for Rep. Wall, Sen. Flanders, Sen. Martel, Sen. Estabrook and Sen. Clark, who
were absent.
2. The Committee discussed the minutes of the regular
Committee meeting of June 17, 2005.
Sen. Clegg moved that the minutes be approved.
Sen. Letourneau seconded.
Adopted.
There was a moment of silence for the victims of a terrorist
attack in
3. The Committee discussed whether to postpone action on certain items to another Committee meeting.
There was no action to postpone at this time.
Rep. Blanchard, Sen. Larsen, and Sen. Estabrook arrived at this time.
Rep. Patten appointed Sen. Larsen, in place of Rep. Dodge, as an alternate for Sen. Clark, who was absent. Rep. Dodge was therefore not voting as an alternate.
Since Sen. Estabrook was now in, Rep. Carson was therefore also not voting as an alternate.
4. The Committee discussed the response of the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2004-213 (Former Division of Mental Health and Developmental Services, Establishment and Operation of Area Agencies).
This item had been tabled on June 17, 2005, and had to be taken off the table to be considered.
Sen. Clegg moved that the Committee take this item off the table.
Sen. Letourneau seconded.
Adopted.
The following persons provided public testimony at this time:
Attorney Kate Hanna, Legal Counsel to Governor Lynch.
Sen. Peter Burling.
Rep. Fran Wendelboe.
Rep. Peter Batula.
Rep. Ruth Bleyler.
Rep. Laurie Harding.
Rep. Susan Almy.
During the testimony of Attorney Hanna, Sen. Clark arrived, and therefore Sen. Larsen was no longer voting as an alternate.
After a break, with Reps. Patten, Allan, Taylor, Dodge, Blanchard, Carson, Millham, and Pilotte, and Sens. Letourneau, Clark, Clegg, and Bragdon present, public testimony resumed. Rep. Bicknell and Sen. Estabrook returned shortly after the testimony of Rep. Hammond began.
The following persons provided public testimony at this time:
Rep. Lee Hammond.
Joseph F. Daschbach, representing United Developmental Services of Lebanon, N.H.
Former Senator Clifton Below, representing United Developmental Services of Lebanon, N.H.
Roberta Gallant.
Tammy Mills.
Amelia Warfield.
Richard
Cohen, representing the Disabilities Rights Center, Inc., of
5. Lunch break at 12:40 p.m.
6. Reconvening at 1:20 p.m. with Reps. Patten,
Allan,
Sen. Peter Burling provided rebuttal testimony.
Sen. Clegg moved that the Committee accept the response and approve the rules.
Sen. Letourneau seconded.
A roll call vote was called. The vote was as follows:
Yes No
Rep. Patten X
Rep. Taylor X
Rep. Bicknell X
Rep. Allan X
Rep.
Pilotte
X
Sen. Letourneau X
Sen. Estabrook X
Sen.
Clark
X
Sen.
Clegg X
Sen.
Bragdon X_
6 4
The vote was 6 "yes" and 4 "no". The motion was adopted.
Sens. Estabrook and Bragdon,
and Reps. Taylor and Blanchard, left the meeting at this time.
7. The Committee discussed Final Proposal 2005-64 from the Department of Health and Human Services (Former Division of Human Services, Medically Needy Eligibility). Lisabritt Solsky testified for the agency.
The agency had requested a preliminary objection in a letter dated July 6, 2005, as revised July 7, 2005.
Rep. Allan moved that the Committee make a preliminary objection to Final Proposal 2005-64 as requested by the agency.
Sen. Clegg seconded.
Rep. Patten appointed Reps. Millham, Dodge, and Carson as alternates respectively, for Sen. Estabrook, Sen. Martel, and Rep. Taylor, who were now absent.
The motion was adopted.
Rep. Thomas Donovan provided written testimony at this time.
8. The Committee discussed Final Proposal 2005-51 from the Department of Health and Human Services (Former Division of Public Health Services, Body Art Licensing Regulations). Brook Dupree testified for the agency.
The agency had requested a conditional approval in a letter and attached rule dated June 30, 2005, and in a revised request with a rule dated July 6, 2005. Mr. Dupree testified that the agency would accept a preliminary objection.
Rep. Allan moved that the Committee make a preliminary objection to Final Proposal 2005-51 as outlined in the annotations to the final proposal by Committee Attorney Eldridge-Banack.
Sen. Letourneau seconded.
Adopted.
**9. The Committee discussed Proposed Interim Rule INT 2005-9 from the Department of Environmental Services (Division of Water, Public Bath Facilities). Gretchen Hamel testified for the agency.
Sen. Clegg moved that the Committee approved Proposed Interim Rule INT 2005-9.
Rep. Allan seconded.
Adopted.
10. Sen. Letourneau moved that the Committee postpone action on the following items to the next Committee meeting on July 21, 2005:
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4. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(c) INT 2005-8 |
Former Division of Human Services Nursing Facility Reimbursement (JLCAR Deadline August 25,
2005. Most of the existing regular
rules in the proposal will expire July 26, 2005.) (Formerly Item 11(c) on 6-17-05 agenda.) |
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6. OR 2005-14 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Requirements for Licensure (JLCAR Deadline August 24, 2005) (Formerly Item 13 on 6-17-05 agenda.) |
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7. Discussion on emergency
rules. |
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(a) Department of Resources and Economic Development Rules for (Formerly Item 14(a) on 6-17-05 agenda.) |
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(b) Department of Safety Electrical Requirements for Carnival Amusement Ride Rules (Formerly
Item 14(b) on 6-17-05 agenda.) |
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9. OR 2005-32 |
DEPARTMENT OF SAFETY Motor Carrier Safety Rules (JLCAR Deadline August 24, 2005) |
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OTHER BUSINESS |
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10. Other |
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Rep. Bicknell seconded.
Adopted.
11. The Committee adjourned at 3:56 p.m.