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
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.