JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
SEPTEMBER 15, 2011
Members Present: Representatives Patten, Pilotte,
Schmidt, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and Senators Merrill and
Groen. (*) Indicates alternate members.
(**)
Indicates where Part 1, Article 28-a of
the N.H. Constitution was an issue in the Committees discussions or decisions
in this meeting (See Item #13. However,
that item was approved.)
1. The
meeting was convened at 9:00 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Kidder,
Tremblay, and Winter, and Sen. Groen.
Rep.
Sad arrived soon after the Committee convened.
Rep.
Patten designated Rep. Kidder, Rep. Sad, Rep. Tremblay, and Rep. Winter as
alternates, respectively, for Rep. McGuire, Sen. Merrill, Sen. White, and Sen.
Lambert, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on September 1, 2011
and the work session on September 1, 2011 regarding the draft, amended Drafting
and Procedure Manual for Administrative Rules.
Rep.
Pilotte moved that the minutes be approved.
Rep.
Kidder seconded.
Adopted.
3. The
Committee discussed the following Final Proposals and Proposed Interim Rule
(Consent Agenda Final Proposals and Proposed Interim Rules).
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FP 2011-81 |
JUVENILE PAROLE BOARD |
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FP 2011-87 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Adult Medical Day
Services |
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FP 2011-96 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Elimination of Service Limit Caps for Physician Services and Increase in Service Limit Caps for Psychotherapy Services |
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FP 2011-104 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Permit Application Forms |
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INT 2011-26 |
DEPARTMENT OF SAFETY International Registration Plan Interim
Rules |
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Sen. Groen moved that the Committee
approve the Final Proposals and Proposed Interim Rule, with the exception of
Final Proposal 2011-96.
Rep. Winter seconded.
Adopted.
4. The Committee discussed Final Proposal
2011-96 from the Department of Health and Human Services (Former Division of
Human Services, Elimination of Service Limit Caps for Physician Services and
Increase in Service Limit Caps for Psychotherapy Services). Michael Holt testified for the Department.
Rep. Schmidt arrived during the discussion
of this item.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-96.
Rep. Winter seconded.
Adopted.
5. The Committee discussed an emergency rule filed
by the Department of Safety (Saf-C 402.91, Emergency Restriction on Winona Lake),
which was effective September 7, 2011.
Sen. Merrill and Rep. Manuse arrived
during the discussion of this item.
Rep. Patten designated Rep. Sad as an
alternate for Sen. Kelly, who was absent.
No further action was taken on the
emergency rule.
6. The Committee discussed briefly the following
conditional approvals and Proposed Expedited Repeal:
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NOTE: The following proposals were
conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency
responses and subsequent confirmation by the Office of Legislative Services
that the proposals have been amended as conditionally approved. No further Committee action is required in
that case. |
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Conditionally Approved August 18, 2011: |
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INT 2011-19 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Dating
Prewrapped Sandwiches (Response received and confirmed 9-14-11.) |
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INT 2011-24 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Criminal Records & Central Registry Checks for License-Exempt
Child Care Providers (Response received 8-19-11
and confirmed 8-19-11.) |
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FP 2011-43 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Lead Paint Poisoning Prevention and Control Rules (Response received 8-19-11
and confirmed 8-22-11.) |
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Conditionally Approved September 1, 2011: |
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FP 2011-26 |
PUBLIC UTILITIES COMMISSION Uniform Administration of Customer
Relations (Response
received 9-9-11 and confirmed 9-911.) |
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NOTE: The following proposed expedited repeal is
being withdrawn by the agency. No
further Committee action is required: |
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EXP 2011-2 |
PUBLIC EMPLOYEE LABOR RELATIONS BOARD (No JLCAR Deadline. Repeal
implements 2011, 159 (HB 589), effective August 8, 2011.) |
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No further action was taken.
7. The Committee discussed whether to postpone
action on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued meeting on October 6,
2011:
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13. DEPARTMENT OF SAFETY |
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(a)
FP 2011-92 |
Authority to Cite Fire Safety Violators
Rules (JLCAR
Deadline October 17, 2011. Former
rules expired February 22, 2011.) |
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(b)
FP 2011-93 |
State Fire Code Rules (JLCAR
Deadline October 17, 2011.) |
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14. FP 2011-71 |
ASSESSING STANDARDS BOARD (JLCAR Deadline October 17, 2011.) |
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15. INSURANCE DEPARTMENT |
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(a)
FP 2011-75 |
Antifraud Plan Standards (JLCAR
Deadline October 13, 2011.) |
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(b)
OR 2011-42* |
Coverage for Individuals Under the Age of
19 (JLCAR
Deadline November 22, 2011.) *Response not expected to be filed until
after 9-15-11. |
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16. OR INT 2011-20 |
DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD (No JLCAR Deadline to review OR, but if INT 2011-20 as amended is not
approved by November 3, 2011, the agency shall not adopt the interim
rule. Rule implements 2011, 212 (SB 157), effective July 1, 2011.) |
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OTHER BUSINESS 17. Other |
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Rep. Manuse seconded.
Adopted.
8. The Committee discussed the following final
proposals from the Governing Board of Speech Language Pathologists:
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FP 2011-60 |
Multipart Application Form for Initial
Licensure |
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FP 2011-61 |
Multipart Application Form for Renewal of
Licensure |
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The Committee took no action at this time.
9. The Committee discussed Final Proposal
2011-35 from the Public Utilities Commission (Net Metering for Customer-Owned
Renewable Energy Generation Resources of 1000 Kilowatts or Less). Commissioner Clifton Below and Suzanne Amidon
testified for the Commission.
The Commission had submitted a conditional
approval request in an amended rule dated September 13, 2011 and corrected
Incorporation by Reference Statements dated September 14, 2011.
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2011-35 based on the request, with further editorial changes to Puc
903.02(i) by changing references to (j) and (o) in that rule to (k) and
(p), respectively.
Sen. Merrill seconded.
Adopted.
10. The Committee resumed discussion on the
following final proposals from the Governing Board of Speech Language
Pathologists:
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FP 2011-60 |
Multipart Application Form for Initial
Licensure |
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FP 2011-61 |
Multipart Application Form for Renewal of
Licensure |
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Tina Kelley testified for the Board.
On behalf of the Board, Tina Kelley
submitted a conditional approval request in the meeting for both Final Proposal
2011-60 and Final Proposal 2011-61.
Rep. Pilotte moved that the Committee
accept the conditional approval request for Final Proposal 2011-60, and conditionally
approve Final Proposal 2011-60 based on the request, but with further changes,
so that Spe 303.02(i)(5) reads as follows:
(5) Pursuant to RSA 125:25-c, whether the applicant has any ownership
interest in any diagnostic or therapeutic service(s) company (ies), and, if the
answer is yes, the applicant shall attach a list of all diagnostic and
therapeutic services provided by each company.
Sen. Groen seconded.
Adopted.
Rep. Winter left the meeting at this time.
Rep. Pilotte then moved that the Committee
accept the conditional approval request for Final Proposal 2011-61, and
conditionally approve Final Proposal 2011-61 based on the request, but with
further changes, so that Spe 402.04(n)(6) reads as follows: (6) Pursuant to RSA 125:25-c, do you have
any ownership interest in any diagnostic or therapeutic service(s)
company(ies)? If you answer yes, you
shall attach a list of all diagnostic and therapeutic services provided by each
company.
Rep. Manuse seconded.
Adopted.
11. The Committee discussed Final Proposal 2011-85
from the Fish and Game Department (Fish and Game 2012 Fishing Rules). Sandra Falicon testified for the Department.
The Department had submitted a conditional
approval request in an amended rule dated September 14, 2011.
Sen. Merrill moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2011-85 based on the request.
Rep. Sad seconded.
Adopted.
12. The Committee discussed Final Proposal 2011-80
from the Department of Environmental Services (Air Related Programs, Conformity
of Transportation Plans and Federal Actions).
Gretchen Hamel testified for the Department.
Sen. Merrill left the meeting as the
discussion on this item began.
Sen. Groen left the meeting during the
discussion of this item.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-80.
Rep. Schmidt seconded.
On a show of hands, the vote was 5 yes
and 2 no. The motion was adopted.
Rep. Patten noted for the record that Rep.
Manuse and Rep. Tremblay voted no.
**13 The Committee discussed Final Proposal
2011-103 from the Department of Environmental Services (Air Related Programs,
Statewide Air Permit System). Gretchen
Hamel testified for the Department.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-103.
Rep. Sad seconded.
Adopted.
Rep. Patten noted for the record that Rep.
Manuse and Rep. Tremblay voted no.
14. The Committee discussed Final Proposal
2011-105 from the Department of Environmental Services (Air Related Programs,
Sulfur Dioxide and Nitrogen Oxides Annual Budget Trading and Banking
Program). Gretchen Hamel testified for
the Department.
Rep. Pilotte moved that the Committee
approve Final Proposal 2011-105 with the understanding that the Department will
editorially insert the phrase as reprinted in Appendix B immediately after
2003 in Env-A 2907.02(a).
Rep. Sad seconded.
Adopted.
15. After a break, with Reps. Patten, Pilotte,
Manuse, Kidder, Sad, and Tremblay, and Sen. Groen present, the Committee
discussed a request by the Department of Environmental Services to the Acting
Director of the Office of Legislative Services to make changes to rules in
Chapter Env-Wq 1500 Alteration of Terrain as editorial changes.
Rep. Manuse moved that the Committee
recommend to the Acting Director that she accept as editorial changes the
requested changes to both Env-Wq 1508.04(f) and Env-Wq 1508.06(l)(5).
Sen. Groen seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule
INT 2011-25 from the Department of Safety (Various Vehicle Registration Interim
Rules). Sheri Kelloway testified for the
Department.
Rep. Schmidt moved that the Committee
approve Proposed Interim Rule INT 2011-25.
Sen. Groen seconded.
Adopted.
17. The Committee discussed the amended draft Drafting
and Procedure Manual for Administrative Rules.
Rep. Kidder moved that the Committee
approve as an initial draft the amended Manual as distributed to the
Committee by Committee staff at the meeting on September 1, 2011. This draft had been dated August 16, 2011,
with replacement pages dated September 1, 2011 (with a cover memo dated August
30, 2011).
Rep. Manuse seconded.
Adopted.
Sen. Groen moved that the Committee set a
hearing date for agency and public comment at 10:30 a.m. on October 6, 2011,
with a deadline for written and electronic comment on October 19, 2011, and the
date of November 3, 2011 for a possible second hearing.
Rep. Schmidt seconded.
Adopted.
18. The Committee recessed at 11:25 a.m.