Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

AUGUST 17, 2006

 

 

Members Present:   Representatives Patten, Taylor, Allan, Millham, Carson*, and Thomas*, and Senator Clegg.  (*) Indicates alternate members.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  Since a quorum was not yet present, the meeting was not formally convened but began at 9:20 a.m. by Rep. Patten as Vice-Chair, in order to discuss items.

 

     Members present at this time, aside from Rep. Patten, were Reps. Taylor, Allan, and Millham, and Sen. Clegg.

 

2.  The Committee discussed the following final proposals from the Division of Personnel of the Department of Administrative Services:

 

FP 2006-71

Division of Personnel Procedural Rules Regarding Rulemaking, Declaratory Rulings and Public Comment Hearings

 

 

FP 2006-72

Division of Personnel Rules Regarding Settlement of Disputes and Explanation of Adopted Rules

 

 

FP 2006-73

Division of Personnel Rules Chapters Per 300 through Per 1500

 

      Stephen J. McCormack testified for the State Employees’ Association and requested that the Committee postpone action.

 

     Since a quorum was not yet present, no action was taken at this time.

 

3.  The Committee discussed the following final proposals and proposed interim rules (Consent Agenda – Final Proposals and Proposed Interim Rules):

 

FP 2006-58

BOARD OF EDUCATION

Elementary Education, English Language Arts and Social Studies for Middle Schools

 

 

FP 2006-59

BOARD OF MARITAL MEDIATOR CERTIFICATION

Definitions

 

 

FP 2006-60

BOARD OF MARITAL MEDIATOR CERTIFICATION

Definitions; Application Procedures; Eligibility Requirements for Certification

 

 

FP 2006-61

BOARD OF MARITAL MEDIATOR CERTIFICATION

Ethical Standards

 

 

FP 2006-69

DEPARTMENT OF SAFETY

Various Motor Carrier Safety Rules

 

 

FP 2006-70

DIVISION OF PERSONNEL

Department of Administrative Services

Division of Personnel Organizational Rule Revisions

 

FP 2006-75

DEPARTMENT OF SAFETY

Various School Bus Transportation Rules

 

 

FP 2006-76

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Certification of Other Qualified Agencies - Definition Change

 

 

INT 2006-32

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Rules

 

 

INT 2006-33

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Approval and Operation of Community Mental Health Programs.

 

     Since a quorum was not yet present, no action was taken at this time.

 

4.  The Committee discussed Proposed Interim Rule INT 2006-30 from the Department of Environmental Services (Division of Waste Management, Hazardous Waste Manifest Rules – Definitions) and Proposed Interim Rule INT 2006-31 from the Department (Division of Waste Management, Hazardous Waste Manifest Rules).  Gretchen Hamel and Ryan Lamey testified for the Department.

 

     Since a quorum was not present, no action was taken at this time.

 

5.  The Committee discussed Final Proposal 2006-40 from the Insurance Department (Ins 400 Filings for Life, Accident and Health Insurance).  Deborah O’Loughlin and Maureen Hartsmith testified for the agency.

 

     During the discussion, Rep. John Thomas arrived as an alternate member of the Committee

 

     Rep. Patten appointed Rep. Thomas as an alternate for Rep. Wall, who was absent.

 

     The Department had requested a conditional approval in a letter dated August 16, 2006.

 

     No action was taken at this time.

 

6.  Since a quorum was now present, the meeting was formally convened at 9:45 a.m. by Rep. Patten as Vice-Chair.

 

7.  The Committee resumed discussion of the Consent Agenda – Final Proposals and Proposed Interim Rules.

 

     Rep. Taylor moved that the Committee approve the final proposals and proposed interim rules, with the understanding that corrected Incorporation by Reference Statements for Final Proposals 2006-60 and 2006-61 from the Board of Marital Mediator Certification were being sent.

 

     Sen. Clegg seconded.

 

     Adopted.

 

8.  The Committee resumed discussion of Proposed Interim Rule INT 2006-30 from the Department of Environmental Services. 

 

     Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2006-30.

 

     Sen. Clegg seconded.

 

     Adopted.

 

9.  The Committee resumed discussion of Proposed Interim Rule INT 2006-31 from the Department of Environmental Services.

 

     Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2006-31.

 

     Sen. Clegg seconded.

 

     Adopted.

 

10.  The Committee resumed discussion of the following items from the Division of Personnel of the Department of Administrative Services:

 

FP 2006-71

Division of Personnel Procedural Rules Regarding Rulemaking, Declaratory Rulings and Public Comment Hearings

 

FP 2006-72

Division of Personnel Rules Regarding Settlement of Disputes and Explanation of Adopted Rules

 

 

FP 2006-73

Division of Personnel Rules Chapters Per 300 through Per 1500

 

     Rep. Allan moved that the Committee postpone action on these items to the continued Committee meeting on August 31, 2006.

 

     Rep. Taylor seconded.

 

     Adopted.

 

11.  The Committee resumed discussion of Final Proposal 2006-40 from the Insurance Department (Ins 400 Filings for Life, Accident and Health Insurance).

 

     Rep. Taylor moved that the Committee conditionally approve Final Proposal 2006-40 as requested by the agency, including submission of an Incorporation by Reference Statement for the document cited in Ins 401.09(d)(7)a.2.

 

     Sen. Clegg seconded.

 

     Adopted.

 

12.  The Committee discussed the minutes of the continued Committee meeting on August 3, 2006.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Allan seconded.

 

     Adopted.

 

13.  The Committee discussed Final Proposal 2006-74 from the Department of Revenue Administration (Business Profits Tax).  Kathleen Sher testified for the Department.

 

     Kathleen Sher asked for the following changes in a request for conditional approval:  (1)  Delete paragraph Rev 303.01(f); (2) replace the word “rule” with “section” in the first line of Rev 304.01(g); and (3) replace the word “may” with “shall” in Rev 304.06(c)(3).

 

     Brian Lamy, representing the N.H. Society of Certified Public Accountants, also testified.

 

     Rep. Carson arrived during the discussion of this item.

 

     Sen. Clegg moved that the Committee conditionally approve Final Proposal 2006-74 as requested by the agency.

 

     Rep. Allan seconded.

 

     At this time, Rep. Patten appointed Rep. Carson as an alternate for Sen. Letourneau, who was absent.

 

     The motion was adopted.

 

14.  Rep. Thomas moved that the Committee recess until the continued Committee meeting of August 31, 2006.

 

     Rep. Carson seconded.

 

     Adopted.

 

     The Committee recessed at 10:10 a.m., effectively postponing consideration of the following item to the continued Committee meeting on August 31, 2006:

 

11.    Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)

 

 

OTHER BUSINESS

 

12.    Other