JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

 

MARCH 6, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Gottling, Millham, and Kidder*, and Senators Fuller Clark and Merrill*.  (*)  Indicates alternate member.

 

(**)  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 9:10 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Gottling, and Millham, and Sens. Fuller Clark and Merrill.

 

2.  The Committee discussed the minutes of the Committee meeting on February 20, 2009.

 

     Rep. Millham moved that the minutes be approved.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to the next Committee meeting.

 

     No action to postpone was taken at this time.

 

4.  The Committee discussed Final Proposal 2008-221 from the Department of Resources and Economic Development (Rules for the Job Training Program).  Leanne Lavoie and Fran Allain testified for the Department.

 

     Rep. Kidder arrived in the meeting during the discussion of this item.  Rep. Pilotte appointed Rep. Kidder as an alternate for Rep. Schmidt, who was absent. 

 

     Sen. Fuller Clark moved that the Committee make a preliminary objection to Final Proposal 2008-221 on the grounds as outlined in Committee staff annotations to Res 2703.03, Res 2703.04, and Res 2704.04.

 

     Rep. Millham seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2008-223 from the Department of Environmental Services (Water Quality and Quantity Programs, Youth Recreation Camps).  Peter Demas and Rene Pelletier testified for the Department.

 

     Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-223.

 

     Rep. Patten seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2008-225 from the Department of Environmental Services (Drinking Water Programs, Certification of Water Works Operators).  Peter Demas and Harrison (Chip) Mackey testified for the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-225.

 

     Rep. Gottling seconded.

 

     Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2009-1 from the N.H. Retirement System (Code of Ethics of the Retirement System).  Peter Foley testified for the System.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2009-1 with the understanding that, where there is conflict between the rules and statutes effective after the 2001 effective date for the existing rules, the statutes will trump the rules.

 

     Sen. Merrill seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2008-187 from the N.H. Retirement System (Minimum Participation Standards – Group I State and Political Subdivision Employees).  Peter Foley testified for the System.

 

     Sen. Merrill moved that the Committee approve Final Proposal 2008-187.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

9.  The Committee discussed Proposed Interim Rule INT 2009-5 from the Department of Agriculture, Markets, and Food (Weights and Measures).  Trudy Mott-Smith of the Department of Administrative Services testified for the Department.

 

     Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2009-5.

 

     Rep. Kidder seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2008-141 from the Governing Board of Recreational Therapists (Continued Status).  Sharon Nichols, Chair of the Board, Trudy Mott-Smith of the Department of Administrative Services, and Glenn Perlow of the Department of Justice testified for the Board.

 

      Rep. Gottling left the meeting during the discussion of this item.

 

      Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2008-141 based on the discussion of Committee staff annotations to Rec 404.02 and Rec 404.06 and that the preliminary objection be referred to the appropriate standing policy committees of the House and Senate along with a copy of the meeting transcript, which would also be sent to the Board.

 

      After further discussion, Rep. Patten withdrew her motion and moved (1) that the Committee conditionally approve Final Proposal 2008-141 on the condition that Rec 404 be deleted from the final proposal, and (2) that a copy of the transcript of the meeting be sent to the appropriate policy committees of the House and Senate and the Board.

 

      Rep. Millham seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2008-170 from the Governing Board of Physical Therapists (Continued Status).  Trudy Mott-Smith of the Department of Administrative Services testified for the Board.

 

      The Board had submitted a conditional approval request in an amended rule dated February 20, 2009.

 

      Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-170 as requested.

 

      Sen. Fuller Clark seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2008-206 form the Governing Board of Physical Therapists (Reinstatement of Licenses; Conditionally Reinstated Licenses).

 

      Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-206.

 

      Rep. Patten seconded.

 

      Adopted.

 

13.  The Committee discussed the response to the Committee’s preliminary objection to Final Proposal 2008-163 from the Board of Veterinary Medicine (Administrative Rules Vet 200-700).  Dr. Stephen Crawford, State Veterinarian, testified for the Board.

 

      Dr. Crawford, on behalf of the Board, requested a revised objection to the preliminary objection response based on the Committee staff’s substantive (non-editorial) annotations to the response, with the exception of the annotation relative to the apparent absence of Vet 201.

 

      Sen. Fuller Clark moved that the Committee make a revised objection to the preliminary objection response as requested, with the understanding that Vet 204.04 on public comment hearings (rulemaking hearings) be deleted in the response to the revised objection.

 

      Sen. Merrill seconded.

 

      Adopted.

 

14.  Sen. Fuller Clark moved that the Committee adjourn.

 

      Rep. Kidder seconded.

 

      Adopted.

 

      The Committee adjourned at 11:55.a.m.