Joint Legislative Committee on Administrative Rules
Action Minutes
SEPTEMBER 21, 2006
Members Present: Representatives
Patten, Carson*, Pilotte*, and MacKay*, and Senators Flanders, Letourneau, and
(**)
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. 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. MacKay, Carson, and Pilotte, and Sens. Flanders and
Letourneau.
Rep. Patten appointed Reps. Pilotte,
Carson, and MacKay as alternates, respectively, for Reps. Wall, Allan, and Millham,
who were absent.
2. The
Committee discussed the minutes of the continued Committee meeting on August 31,
2006.
Rep. Pilotte moved that the minutes be
approved.
Rep. Caron seconded.
Adopted.
3. The Committee discussed the following Final Proposals and Proposed Interim Rule (Consent Agenda – Final Proposals and Proposed Interim Rules):
FP 2006-85 |
DEPARTMENT OF ADMINISTRATIVE SERVICES Organizational Rules Revisions |
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FP
2006-91 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Food Stamp Rules |
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INT
2006-36 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Division
of Elderly and Adult Services Adult
Protection Program |
Rep. Carson moved that the Committee
approve the Final Proposals and Proposed Interim Rule.
Sen. Flanders seconded.
Adopted.
4. The Committee discussed whether to postpone
items to another Committee meeting.
Rep. Patten indicated that Proposed Interim
Rule INT 2006-37 from the Department of Health and Human Services (Former
Division of Human Services, The Deficit Reduction Act of 2005 and Temporary
Assistance to Needy Families (TANF) Program Changes) would be postponed to the
continued Committee meeting on October 5, 2006.
5. The Committee discussed Proposed Interim Rule
INT 2006-34 from the Health Services Planning and Review Board (Acute Care
Facilities). Cynthia Carrier testified
for the agency.
Rep. Carson moved that the Committee
approve Proposed Interim Rule INT 2006-34.
Rep. MacKay seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2006-35 from the Department of Health and Human Services (Former Division
of Mental Health and Developmental Services, Establishment and Operation of
Area Agencies). Maralyn Doyle testified for
the agency.
Sen. Flanders moved that the Committee
approve Proposed Interim Rule INT 2006-35.
Rep. Carson seconded.
Adopted.
7. The
Committee discussed Final Proposal 2006-89 from the Department of Health and
Human Services (Former Division of Human Services, General Medical
Transportation). Michael Holt and Jane
Hybsch testified for the agency.
Sen.
Clark arrived during the discussion of this item.
The
Department had requested a conditional approval in a letter and attached rule
dated September 18, 2006.
Rep.
Carson moved that the Committee conditionally approve Final Proposal 2006-89 as
requested.
Rep.
Pilotte seconded.
Adopted.
8. The
Committee discussed Final Proposal 2006-90 from the Department of Health and
Human Services (Former Division of Human Services, Treatment of Specific Types
of Income). Lisabritt Solsky testified
for the agency.
Rep.
MacKay moved that the Committee approve Final Proposal 2006-90.
Sen.
Flanders seconded.
Adopted.
9. The
Committee discussed Final Proposal 2006-92 from the Department of Health and
Human Services (Former Division of Public Health Services, Assisted Living
Residence - Supported Residential Health Care).
Michele Beasley, John Martin, and Theresa Jarvis testified for the
agency.
Artemis Paras had submitted written testimony
but was not present.
The
following persons also testified:
Robert Dunn, of Devine, Millimet and Branch, representing
Fortis Healthcare.
Cynthia Gaudreault, representing Rose Haven Assisted
Living of Merrimack, N.H.
Allan Moses, representing the Association of Residential
Care Homes.
Karen Crowe, representing the Scott-Farrar Home of
Peterborough, N.H.
Claudia Messier, representing Taylor Community of
Alex
Amann, representing the Inn at Parker Station of
After
a break, with Reps. Patten, Carson, Pilotte, and MacKay, and Sens. Flanders,
Letourneau, and Clark present, Sen. Flanders moved that the Committee make a
preliminary objection to Final Proposal 2006-92 based on public testimony,
staff annotations to the Final Proposal, and the Committee’s concern in the
record that requirements to disclose information on current investigations
should be removed from He-P 805.04(a)(12) and other provisions in He-P 805, in
favor of information on convictions.
Sen.
Clark seconded.
Adopted.
10. The
Committee discussed the response of the Division of Personnel in the Department
of Administrative Services to the Committee’s preliminary objection to Final
Proposal 2006-73 (Division of Personnel Rules Chapters Per 300 through Per
1500). Thomas Kehr testified for the
agency.
Sen.
Flanders moved that the Committee accept the response and approve the rules.
Rep.
Carson seconded.
Adopted.
11. The
Committee discussed postponement of other items.
Sen.
Flanders moved that the Committee postpone action on the following items to the
regular Committee meeting on October 19, 2006:
9. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2006-88 |
Drinking
Water Programs Groundwater
Reclassification Rules (JLCAR Deadline October 23, 2006.) |
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(b) FP 2006-94 |
Cross-Program
Rules Administrative
Fine Procedures (JLCAR Deadline October 23, 2006.) |
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Sen.
Letourneau seconded.
Adopted.
Rep.
MacKay moved that the Committee postpone action on the following items, and any
other responses to preliminary objections that are received, to the continued
Committee meeting on October 5, 2006:
11.
INT 2006-37 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services The
Deficit Reduction Act of 2005 and Temporary Assistance to Needy Families
(TANF) Program Changes (JLCAR Deadline December 7, 2006. HB 1331
effective October 1, 2006.) |
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12. Remaining
Responses to Preliminary Objections made in March 24, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(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.) |
Sen.
Clark seconded.
Adopted.
13. Sen.
Flanders moved that the Committee recess to the continued meeting on October 5,
2006.
Rep.
Carson seconded.
Adopted.