JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MAY 2, 2008

 

 

Members Present:   Representatives Patten, MacKay, Schmidt, Powers, Millham*, and Gottling*, and Senator DeVries.  (*)  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 Committee was convened at 9:03 a.m. by Rep. Patten, pursuant to the prior direction of the Chair, since both the Chair and Vice-Chair were absent.

 

     Members present at this time, aside from Rep. Patten, were Reps. MacKay, Schmidt, Powers, Millham, and Gottling.

 

     Rep. Schmidt moved that Rep. Patten be Acting Chair at this meeting.

 

     Rep. MacKay seconded.

 

     Adopted.

 

     Rep. Patten appointed Rep. Millham and Rep. Gottling as alternates, respectively, for Sen. Letourneau and Rep. Pilotte, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on April 18, 2008.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Powers 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 2007-187 from the Board of Education (Medication During School Day; Manifest Educational Hardship).  Sarah Browning testified for the Board.

 

     Sen. DeVries arrived as the discussion on this item began.

 

     Rep. DeJoie arrived later as the discussion was underway.  Rep. Patten appointed Rep. DeJoie as an alternate for Sen. Martha Fuller Clark, who was absent.

 

     Denise Brewitt, representing the Council for Children and Adolescents with Chronic Health Conditions, also testified.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-187 on the conditions that the words “and Nur 404” be inserted at the end of Ed 311.02(d), and that the words “a substantial portion of a pupil’s academic, physical, personal and social needs” be moved from the introduction of Ed 320.01(e) to the beginning of Ed 320.01(e)(1).

 

     Rep. MacKay seconded.

 

     Adopted. 

 

5.  The Committee discussed Final Proposal 2007-188 from the Board of Education (Types of Approval for Nonpublic Schools).  Sarah Browning and Edward Murdough testified for the Board.

 

     Rep. Schmidt moved that the Committee (1) take no action, with the understanding that the Final Proposal would be automatically approved, and the Board would be free to adopt the rules, after the Committee deadline of May 5, (2) recommend that the Board seek legislative action to address the statutory authority of the Board to conditionally approve or preliminarily approve a nonpublic school instead of only approving the school, and (3) send this recommendation to the House and Senate policy committees.

 

     Rep. MacKay seconded.

 

     Adopted.

 

     Rep. MacKay left the meeting at this time.

 

6.  The Committee discussed Final Proposal 2008-9 from the Board of Directors, Office of Licensed Allied Health Professionals (Fee Increase).  Tina Kelley testified for the Board and Jean Barnes, of the Department of Health and Human Services, was also present to provide testimony.

 

     Sen. DeVries moved that the Committee conditionally approve Final Proposal 2008-9 on the condition that the fee of $25.00 for a list of licensees by e-mail be reduced to $10.00.

 

     Rep. DeJoie seconded.

 

     After further discussion, Sen. DeVries withdrew her motion and Rep. DeJoie withdrew his second.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-9. 

 

     Rep. Millham seconded.

 

     Adopted.  Rep. Patten noted for the record that Rep. DeJoie voted “no”.

 

7.  The Committee discussed the pending response by Pari-Mutuel Commission to the Committee’s prior objection to Final Proposal 2007-218 (Track Licensing).

 

     Since the response had not yet been received, no action was taken at this time.

 

8.  The Committee discussed amendments to the Committee’s rules regarding reconsideration.

 

     Trudy Mott-Smith, representing the Department of Administrative Services, testified.

 

     It was the consensus of the Committee to take no action at this time but have this item on the agenda for the next Committee meeting.

 

     Sen. DeVries left the meeting at this time.

 

9.  Rep. Schmidt moved that the Committee adjourn.

 

     Rep. Powers seconded.

 

     Adopted.

 

     The Committee adjourned at 11:40 a.m.