JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

FEBRUARY 2, 2007

Members Present: Representatives Pilotte, Patten, MacKay, Mitchell, Schmidt, Millham*, and Casey*, and Senators Cilley, DeVries, Letourneau, and Downing. (*) Indicates alternate members.

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

1. The meeting was convened at 9:00 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, MacKay, Mitchell, and Millham, and Sens. Cilley and Letourneau.

Sen. DeVries arrived after the meeting was convened.

2. The Committee discussed the minutes of the Committee meeting on January 18, 2007.

Rep. Patten moved that the Committee approve the corrected copy of the minutes.

Rep. Mitchell seconded.

Adopted.

3. The Committee discussed finalizing of agendas, meeting dates in 2007, and Committee information on the web.

Rep. Pilotte indicated that Committee agendas would normally be finalized on Tuesdays in the week prior to a meeting.

Rep. Patten moved that the Committee approve the updated list of Committee meeting dates in 2007 as distributed to the members.

Sen. DeVries seconded.

Adopted.

Rep. Pilotte designated Rep. Millham as an alternate for Sen. Fuller Clark, who was absent.

Rep. Casey arrived at this time. Consistent with Committee Rule 102.06, Rep. Pilotte designated Rep. Casey instead as the alternate for Sen. Fuller Clark. Rep. Millham was not voting at this point.

4. The Committee discussed Final Proposal 2006-81 from the Board of Nursing (Licensing Requirements; Continued Status; Ethical Standards; Education; Nursing Assistants; Certificate of Medication Administration for Licensed Nursing Assistants and Medication Administration Education Program). Margaret J. Walker, Executive Director, testified for the Board. Richard Nusbaum, contracting attorney for the Board, appeared with Executive Director Walker to give technical testimony.

Sen. Letourneau left the meeting during the discussion of this item.

Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2006-81 on the grounds as outlined in the annotations to the final proposal by Committee Attorney Morrell and in Committee comments, particularly regarding lack of authority for Nur 402.05 on annulments of reprimands.

Sen. Cilley seconded.

Adopted.

5. The Committee discussed Final Proposal 2006-165 from the Department of Safety (Plea by Mail and Telephone Rules). Sheri Kelloway and Bonita Goudreau testified for the Department.

Sen. Letourneau returned to the meeting during the discussion of this item.

Rep. Patten moved that the Committee approve Final Proposal 2006-165 with the understanding that legislative amendments would be introduced this session to RSA 262:44 to address pleas by telephone and electronic means.

Sen. Letourneau seconded.

Adopted.

6. The Committee discussed Final Proposal 2006-117 from the Department of Revenue Administration (Definition of Manual; Equalization Manual; Forms and Other Data Sheets). Melinda Dupre and Linda Kennedy testified for the Department.

Sen. Letourneau moved that the Committee approve Final Proposal 2006-117.

Rep. Patten seconded.

Adopted.

7. The Committee discussed Final Proposal 2006-153 from the Department of Transportation (Relocation Assistance). Marie-Hélène Bailinson and Victoria Chase testified for the Department.

Sen. Letourneau moved that the Committee approve Final Proposal 2006-153.

Sen. Downey seconded.

Adopted.

8. The Committee again discussed the minutes of the Committee meeting on January 18, 2007.

Rep. Schmidt moved that the Committee reconsider its vote to approve the corrected copy of the minutes.

Rep. MacKay seconded.

Adopted.

Rep. Patten moved that the corrected copy of the minutes be approved with an amendment to Item #3 of the minutes so that the motion by Sen. Martha Fuller Clark reads: “Sen. Fuller Clark moved that the Committee approve the minutes,” not “Sen Fuller Clark moved that the Committee accept the response and approve the rules.”

Rep. Mitchell seconded.

Adopted.

9. Rep. Patten moved that the Committee adjourn.

Rep. Casey seconded.

Adopted.

The Committee adjourned at 10:30 a.m.