Committee Summary for JLCAR Administrative Rules (02/21/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:03:07.080 - 8:01:58 AM	General Working Session	Unclear
HB2 00:16:20.000 - 8:15:11 AM	General Working Session	relative to state fees, funds, revenues, and expenditures.	Weyler, Kenneth(R)[A-]2025

Unclear: Chair Information Only00:03:07.080 - 8:01:58 AM; The chair opened the session by moving to approve the minutes from the last meeting, which were approved unanimously. The consent calendar was then addressed, and with no items removed, it was also approved unanimously. The session moved on to discuss various rule proposals.
Unclear: Representative Schmidt Information Only00:03:47.120 - 8:02:38 AM; Representative Schmidt moved to approve the consent calendar, which was seconded by Representative Layon. No further discussion was held, and the consent calendar was adopted.
Unclear: Staff Information Only00:04:34.320 - 8:03:25 AM; Staff introduced item number 24144 for safety, regarding the missing adult and vulnerable adult alert program. They noted the proposal implements RSA 106-J and raised a question about the delay in adopting these rules, which was mandated in 2016.
Unclear: Evoa, Legal Coordinator, New Hampshire State Police Information Only00:04:59.120 - 8:03:50 AM; Evoa, the legal coordinator for the New Hampshire State Police, explained the delay in rule adoption was due to staffing issues and the impact of COVID-19. She has been in her role for about two months and is working to catch up on the process. The item was moved and seconded for approval, and it was adopted unanimously.
Unclear: Staff Information Only00:06:34.479 - 8:05:25 AM; Staff introduced item number 146 from the Pesticide Control Board regarding the aquatic application of pesticides. They highlighted editorial comments and a substantive issue concerning the lack of criteria in the rules for reconsidering a special permit decision if a pesticide treatment is postponed.
Unclear: David Rouso, New Hampshire Division of Pesticide Control Information Only00:08:10.720 - 8:07:01 AM; David Rouso responded to the comments on item 146, stating that the agency could revise the rules to include existing criteria when issuing special permits and change the language from 'may' to 'shall' reconsider if adverse effects are likely due to postponement. The committee decided to postpone this item to the March meeting.
Unclear: Representative L Information Only00:09:28.839 - 8:08:19 AM; Representative L questioned the criteria for reconsidering a special permit based on the length of postponement and the changes in environmental factors or laws. They suggested that the item be postponed to allow the agency time to respond to comments and make necessary changes, which was agreed upon and moved to the March meeting.
Unclear: Staff Information Only00:11:01.959 - 8:09:52 AM; Staff introduced item number 2 from the Board of Mental Health Practice, noting a request to postpone the item to the April meeting to allow the board time to vote on a conditional approval request. The committee agreed to postpone and grant a waiver for the deadline, moving the item to April.
Unclear: Representative Maguire Information Only00:11:39.360 - 8:10:30 AM; Representative Maguire expressed concern about the board's meeting frequency and the need for timely review of rules. The committee approved the postponement and waiver, moving the item to the next meeting.
Unclear: Staff Information Only00:12:26.959 - 8:11:17 AM; Staff introduced item number 164 from the Department of Revenue Administration regarding business profits tax. They discussed a conditional approval request and an issue with forms not being included in the rule text, despite an exemption. The agency agreed to amend the rules to include the forms.
Unclear: Jennifer Ramsey, Tax Policy Counsel, Department of Revenue Administration Information Only00:14:46.560 - 8:13:37 AM; Jennifer Ramsey agreed with the assessment on forms and stated that the agency would be willing to include the necessary schedules in the rules. The item was postponed to the March meeting to allow for these amendments.
Unclear: Staff Information Only00:15:33.680 - 8:14:24 AM; Staff introduced item number 172 from the Department of Health and Human Services regarding lead poisoning prevention and control. They mentioned a request to postpone the item, which was moved and seconded for postponement to the next meeting.
HB2: Unnamed Committee Member Information Only00:16:20.000 - 8:15:11 AM; The committee member moved to postpone the discussion on the rule in question, citing concerns from business owners and others about the requirements and dates set forth in the rule. They mentioned not having enough time to review whether these concerns align with existing statutes. The member asked for a postponement until the next Friday to further assess these issues and to ensure proper communication with those affected.
HB2: Allison Radme, Administrator for the Administrative Rules Unit, Department of Health and Human Services Information Only00:17:05.400 - 8:15:56 AM; Allison Radme agreed to the postponement of the rule discussion. She noted for the record that the rule had been sent out to stakeholders three times before formal rule-making with no responses, and no one attended the public hearing or provided public comment. She emphasized the department's diligence in working with stakeholders, especially given the rule's length.
HB2: Unnamed Committee Member Information Only00:18:39.240 - 8:17:30 AM; The committee member introduced the next agenda item, the Farmers Market Nutrition Program for Women and Children, implemented from House Bill 2 of 2023. They highlighted two issues: a delay in implementation since the bill's effective date of July 1, 2023, and the prohibition of certain items under the program as per the state plan, which includes dried herbs, herb plants, and pickled vegetables.
HB2: Haley Mclar, Nutrition Service Section Administrator, Bureau of Family and Health and Nutrition Information Only00:20:18.120 - 8:19:09 AM; Haley Mclar explained the delay in rule-making for the Farmers Market Nutrition Program was due to staffing transitions within the Nutrition Service Section. Once recognized, the department promptly began drafting the rules and noted a lengthy contracting process that led to a fully executed contract on December 18, 2024.
HB2: Representative Mire Information Only00:21:04.679 - 8:19:55 AM; Representative Mire expressed concern about the administrative costs potentially exceeding the benefits of the Farmers Market Nutrition Program, given the small benefit amount per recipient.
HB2: Representative Leon Information Only00:21:50.000 - 8:20:41 AM; Representative Leon voiced concern over the exclusion of herb plants from the program, suggesting that including them could promote self-reliance among recipients.
HB2: Former Farmers Market Director Support00:22:35.960 - 8:21:26 AM; The former Farmers Market Director praised the program, noting its success with EBT and the positive impact on local farmers by including women and children in the program.
HB2: Staff Information Only00:23:21.559 - 8:22:12 AM; Staff reported on the request for postponement by the Board of Natural Scientists to work on a conditional approval request. They recommended a conditional approval request to address discrepancies between the rule text and forms, and a waiver was needed due to the March 11 deadline.
HB2: Tina Kelly, Rules Coordinator, Office of Professional Licensure and Certification Information Only00:25:58.399 - 8:24:49 AM; Tina Kelly stated that they were amenable to holding an additional hearing to address concerns about the notice for public hearing for the Board of Psychologists rule regarding temporary licenses.
HB2: Unnamed Committee Member Information Only00:27:29.840 - 8:26:20 AM; The committee member provided a timeline for the process following a preliminary objection, which includes 45 days for the board to respond, hold a hearing, and provide feedback, with a 20-day notice period for the administrative rules office.
HB2: Representative Schmidt Information Only00:28:15.240 - 8:27:06 AM; Representative Schmidt moved for a preliminary objection due to issues around the notice for the public hearing for the Board of Psychologists rule, which was seconded and passed by the committee.