HB 335 – AS INTRODUCED
2005 SESSION
10/09
HOUSE BILL 335
AN ACT relative to the review of final proposed rules by the joint legislative committee on administrative rules.
SPONSORS: Rep. Kennedy, Merr 4
COMMITTEE: Executive Departments and Administration
This bill allows the joint legislative committee on administrative rules to prevent adoption of a final agency proposed rule until legislative action is taken on a joint resolution concerning the rule, and removes the time limit on such legislative action.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0238
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the review of final proposed rules by the joint legislative committee on administrative rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Procedure for Joint Resolution. Amend RSA 541-A:13, VII(b)–(d) to read as follows:
(b) If an agency responds to a preliminary or revised objection but the basis for objection has not been removed or the response creates a new basis for objection, the committee may, within 50 days from the date on which the objection response was due and by majority vote [of the entire committee] with a quorum of the committee being present, recommend legislative action through sponsorship of a joint resolution to implement its recommendation. Such vote shall prevent the rule from being adopted and filed by the agency [for the period of time specified in subparagraph VII(c)] until final legislative action is taken.
(c) If the committee votes to sponsor a joint resolution pursuant to subparagraph VII(b), the agency shall be prevented from adopting and filing such rule until final legislative action is taken on the resolution [or the passage of 90 consecutive calendar days during which the general court shall have been in session, whichever occurs first. The 90 calendar day period shall commence on the date such joint resolution has been introduced]. If the session of the general court adjourns [prior to the sixtieth calendar day] after such joint resolution has been introduced but without final legislative action, then the agency shall be prevented from adopting and filing such rule until [90 calendar days, beginning with] final legislative action on the joint resolution is taken in the next session of the general court[, have passed].
(d) The provisions of this paragraph shall apply to only the portion of the agency’s rule identified in the joint resolution. The provisions of this paragraph shall not prevent an agency from adopting and filing the remainder of the rules in the final proposal under RSA 541-A while the committee pursues legislative action under this paragraph provided such remainder can be adopted and administered without the portion objected to, nor shall it prevent the committee from also voting to enter a final objection pursuant to paragraph V.
2 Final Adoption; Reference Removed. Amend RSA 541-A:14, I(e) to read as follows:
(e) Final legislative action, as defined in RSA 541-A:1, VI-a, is taken on the joint resolution sponsored pursuant to RSA 541-A:13, VII(b) [or the passage of the 90 consecutive calendar days specified by RSA 541-A:13, VII(c), whichever occurs first].
3 Effective Date. This act shall take effect 60 days after its passage.