JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

APRIL 4, 2008

Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, Powers, and Gottling*, and Senators Cilley, DeVries, and Bragdon*. (*) 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 9:10 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Schmidt, Powers, and Gottling, and Sen. Bragdon.

2. The Committee discussed the minutes of the Committee meeting on March 21, 2008.

Rep. MacKay moved that the minutes be approved.

Rep. Schmidt seconded.

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

The motion was 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 2007-192 from the Board of Marital Mediator Certification (Continued Status of Certified Marital Mediator Training Programs). Terry Sturke of the Board and Trudy Mott-Smith of the Department of Administrative Services testified for the Board.

Sens. Cilley and DeVries arrived during the discussion of this item.

Rep. Powers moved that the Committee approve Final Proposal 2007-192.

Rep Schmidt seconded.

Adopted.

5. The Committee discussed Final Proposal 2007-218 from the Pari-Mutuel Commission (Track Licensing). Sheri Eldridge testified for the Commission.

Daniel J. Callahan of Devine Millimet testified for Rockingham Venture, Inc. and

Yankee Greyhound Racing, Inc.

Rep. Patten arrived during the discussion of this item.

Sen. Cilley moved that the Committee make a preliminary objection to Final Proposal 2007-218 on the grounds as stated in the annotations by Committee staff to the Final Proposal and in Committee discussions in the meeting.

Rep. Schmidt seconded.

Adopted.

Since Rep. Patten had arrived, Rep. Gottling did not vote, as Rep. Gottling was no longer authorized to vote for Rep. Patten.

Rep. Pilotte appointed Rep. Gottling as an alternate for Sen. Fuller Clark, who was absent.

6. The Committee discussed Final Proposal 2007-157 from the Board of Education (Special Education Administrator and Certification and Program Approval for Special Education Categories).

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

Rep. Patten moved that the Committee approve Final Proposal 2007-157.

Rep. Schmidt seconded.

Adopted.

7. The Committee discussed Final Proposal 2007-189 from the Pharmacy Board (Amendments to Certain Licensing/Registration Fees and Additional Security and Dispensing Practices for Methadone Treatment Centers). Paul Boisseau testified for the Board.

Rep. Schmidt moved that the Committee approve Final Proposal 2007-189.

Sen. Bragdon seconded.

Adopted.

8. The Committee discussed Final Proposal 2007-195 from the Nuclear Decommissioning Financing Committee (Practice and Procedure Rules for the Nuclear Decommissioning Financing Committee (NDFC). Suzanne Amidon of the Public Utilities Commission testified for the agency.

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

Rep. Schmidt moved that the Committee approve Final Proposal 2007-195 with the recommendation that the agency undertake rulemaking at the earliest practical time to adopt rules on public hearings for rulemaking as referenced in the Committee staff comment on page 15 of the Final Proposal.

Sen. Bragdon seconded.

Adopted.

9. The Committee discussed an emergency rule He-M 426.14 filed by the Department of Health and Human Services on April 1, 2008 (Former Division of Mental Health and Developmental Services, Case Management Services). Raymond Perry and Erik Riera testified for the Department.

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

Rep. MacKay moved that the Committee recommend to the Director of the Office of Legislative Services that the emergency rule was appropriately filed.

Rep. Patten seconded.

Adopted.

After further discussion, Rep. Patten moved that, in the view of the Committee, the rules were acceptable as emergency rules.

Rep. Powers seconded.

Adopted.

10. The Committee discussed amendments to the Committee rules on reconsideration of votes.

Lisabritt Solsky, representing the Department of Health and Human 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 on April 18, 2008.

11. Rep. Schmidt moved that the Committee adjourn.

Rep. Patten seconded.

Adopted.

The Committee adjourned at 12:03 p.m.