JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JUNE 27, 2008

 

 

Members Present:   Representatives Pilotte, Powers, Millham*, Gottling*, and Boyce*, and Senator Cilley.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not issue in the Committee’s discussions or decisions in this meeting.

 

1.  The Committee was convened at 9:10 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte were Reps. Powers, Millham, Gottling, and Boyce, and Sen. Cilley.

 

     Rep. Pilotte appointed Reps. Millham, Boyce, and Gottling as alternates, respectively, for Reps. MacKay, Patten, and Schmidt, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on June 20, 2008.

 

     Rep. Powers moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

3.  The Committee discussed Final Proposal 2007-221 from the Board of Education (Modern Language, Reading and Writing Specialist, Social Worker and Dance; Also Certification for Physical Education, Classical Languages, and Music).  Dr. Judith D. Fillion of the Department of Education testified for the Board.

 

     Reed Cotton also testified.

 

     Rep. Millham moved that the Committee make a preliminary objection to Final Proposal 2007-221 based on the annotations by Committee staff to Ed 507.14 (b)(2)c., d., and e. and Ed 614.07 (a)(2)c., d., and e. and the need to replace references to “social workers” with “school social workers” in the Final Proposal.

 

     Rep. Powers seconded.

 

     Adopted. 

 

4.  The Committee discussed whether to postpone certain items to another meeting.

 

     Rep. Boyce moved that the Committee postpone the following items to the next Committee meeting on July 17, 2008:

 

18. FP 2008-40

PHARMACY BOARD

Mail-Order Pharmacies

(JLCAR Deadline July 21, 2008.)

 

 

19. FP 2008-61

DEPARTMENT OF LABOR

Managed Care Rules

(JLCAR Deadline July 21, 2008.)

 

     Rep. Gottling seconded.

 

     Adopted.

 

     It was the consensus of the Committee that these items would be the first proposed rules on the regular agenda for July 17. 

 

5.  The Committee discussed Final Proposal 2008-37 from the Department of Agriculture (Nursery and Nursery Stock).

 

     Sen. Cilley moved that the Committee make a preliminary objection based on Committee staff annotations to Agr 2501.03(f) and (l), 2501.04 (a), and 2501.06(c).

 

     Rep. Boyce seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2008-38 from the Department of Agriculture (Invasive Species).

 

     Rep. Powers moved that the Committee approve Final Proposal 2008-38 with the recommendation that the agency expeditiously undertake future rulemaking to add a definition of “affiliation” to address the Committee staff annotation to Agr 3802.03(c)(2).

 

     Sen. Cilley seconded.

 

     Adopted.

 

7.  Sen. Cilley moved that the Committee adjourn.

 

     Rep. Boyce seconded.

 

     Adopted.

 

     The Committee adjourned at 10:15 a.m., effectively postponing consideration of the following item to the next Committee meeting:

 

20. Discussion on amendments to Committee rules regarding reconsideration.

      (Formerly item #19 on 5-16-08 agenda.)