JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

DECEMBER 6, 2007

Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, and Powers*, and Senators Fuller Clark, Cilley, and Letourneau. (*) 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 9:15 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Powers, and MacKay, and Senators Fuller Clark and Cilley.

Rep. Pilotte appointed Rep. Powers as an alternate for Rep. Mitchell, who was absent.

2. The Committee discussed the minutes of the Committee meeting on November 15, 2007.

Rep. MacKay moved that the minutes be approved.

Rep. Schmidt seconded.

After further discussion, Rep. MacKay amended his motion, and Rep. Schmidt amended his second, to approve the minutes with an amendment on page 2, concerning the motion to conditionally approve Final Proposal 2007-130, to change “replace the word ‘recommendation’ to ‘requirement’” to “replace the word ‘recommendation’ by ‘requirement’.”

The motion as amended was adopted.

3. The Committee discussed the response by the Board of Accountancy to the Committee’s revised objection to Final Proposal 2007-92 (Procedural Rules (8-year provisions); Certification, Registration, and Permit Requirements; Continued Status; Ethics). Board Chair Richard O. Hanson, Board Secretary-Treasurer Jeffrey Chickering, Executive Director Louise Romeo, and Richard E. Nusbaum, contractor for the Board, testified for the Board.

Rep. Patten arrived in the meeting as the discussion on this item began, and Sen. Letourneau arrived during the public testimony.

The following persons also testified:

Jon Sparkman of Devine and Millimet, representing the N.H. Society of Certified Public Accountants (CPA’s).

Joel C. Olbricht, representing the N.H. Society of CPA’s.

Michael Asselin, CPA.

Thomas Doyle, CPA, representing the N.H. Society of CPA’s.

Mr. Olbricht presented written testimony from Stephen F. Lawlor, CPA, of Nathan Wechsler and Company.

Sen. Fuller Clark moved that the Committee make a final objection to Final Proposal 2007-92, as amended in the revised objection response, on the grounds, based on public testimony, that Ac 404.04(a)(1), (a)(3), (b)(1), and (b)(3) were beyond the statutory authority of the Board.

Sen. Letourneau seconded.

A roll call vote was called. The vote was as follows:

	YES	NO
Sen. Fuller Clark	X
Sen. Cilley		X
Sen. Letourneau	X
Rep. Schmidt		X
Rep. Patten	X
Rep. MacKay	X
Rep. Powers	X
Rep. Pilotte	X
Total	6	2

The vote was 6 “yes” and 2 “no”.

The motion was adopted.

Rep. Patten moved that the Committee vote to sponsor a joint resolution, on the same grounds as for the final objection, to Ac 404.04(a)(1), (a)(3), (b)(1), and (b)(3), and recommend to the legislature that statutory authority for the rules be determined by the policy committees.

Sen. Fuller Clark seconded.

A roll call vote was called. The vote was as follows:

	YES	NO
Rep. Schmidt		X
Rep. Patten	X
Rep. Powers	X
Sen. Fuller Clark	X
Sen. Cilley		X
Sen. Letourneau	X
Rep. MacKay	X
Rep. Pilotte		X
Total	5	3

The vote was 5 “yes” and 3 “no”. To adopt the motion, a minimum of 6 votes was necessary pursuant to RSA 541-A:13, VII(b). Therefore, the motion was not adopted.

Rep. Patten moved that the Committee petition (recommend) to the Board that it approach the appropriate policy committees of the General Court to discuss legislation specifying the authority of the Board to require licensees to provide claim information, as defined in Ac 404.04(a)(1) and (a)(3), and required in Ac 404.04 (b)(1) and (b)(3).

Rep. Schmidt seconded.

Adopted.

4. The Committee discussed the emergency rule Frl 900 filed effective November 9, 2007, by the State Board of Registration of Funeral Directors and Embalmers (Resomation Facility Regulations).

Sens. Cilley and Letourneau left the meeting at this time.

No further action was taken by the Committee.

5. The Committee discussed scheduling of its meetings in 2008.

It was the consensus of the Committee that the proposed meeting dates be distributed to the Committee members with the draft Action Minutes for today’s meeting, for decision at the regular meeting on December 20.

6. The Committee briefly discussed that the response by the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2007-151 (Former Division of Public Health Services, Indoor Smoking Rules) would be on the agenda for the regular meeting on December 20.

7. Rep. Schmidt moved that the Committee adjourn.

Rep. Patten seconded.

Adopted.

The Committee adjourned at 11:10 a.m.