HB 354 – AS AMENDED BY THE SENATE
06/02/05 1637s
2005 SESSION
10/01
HOUSE BILL 354
AN ACT relative to the review, approval, and adoption of agency rules.
SPONSORS: Rep. Patten, Carr 4; Rep. Stohl, Coos 1; Rep. N. Allan, Hills 26; Rep. Bicknell, Rock 1; Sen. Clegg, Dist 14; Sen. Morse, Dist 22; Sen. Foster, Dist 13
COMMITTEE: Executive Departments and Administration
This bill allows house and senate policy committees to vote for a joint resolution on final agency rules, makes various changes to the adoption procedure for rules, and extends the study committee on improving the rulemaking process.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/02/05 1637s
05-0651
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the review, approval, and adoption of agency rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Drafting of Bills; Rulemaking Authority. Amend RSA 14 by inserting after section 38 the following new section:
14:38-a Legislation Granting Rulemaking Authority. The office of legislative services shall whenever possible, and subject to the authority of the member of the house of representatives or senate proposing the legislation, include an explanation of the intent of the legislature relative to the parameters under which rulemaking authority under RSA 541-A may be used. Provisions granting rulemaking authority shall specify the issues to be addressed in the rulemaking process of RSA 541-A. Proposed legislation shall not grant general authority for the adoption of rules.
2 Identification of Law; Reference Table. Amend RSA 541-A:3-a, II to read as follows:
II. If the specific section or sections of state statute or federal statute or regulation required by paragraph I are not identified in the rule itself, the agency shall file the information in a separate cross-reference table with each filing of the proposed or adopted rule other than an emergency rule. The agency shall make the table available to the public with a proposed or adopted rule whenever the rule is made available to or requested by the public. Unless otherwise specified by the drafting and procedure manual, the table shall be filed as an appendix to the rule and, when the rule is published pursuant to RSA 541-A:15, shall be published as an appendix to the rule chapter containing the rule. The table shall not be required to be filed on a separate page.
3 Final Objections; Procedure for Joint Resolutions; Policy Committees. Amend RSA 541-A:13, VII to read as follows:
VII.(a) The provisions of this paragraph may be used by the committee, or by a house or senate standing policy committee with oversight of the subject matter as provided in subparagraph VII(g), as an alternative to or in addition to the final objection procedure employed by the committee in paragraph V.
(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, 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). A joint resolution shall be introduced in the house of representatives or senate within 10 calendar days of such vote when the general court is in session and 180 days when the general court is not in session. If a joint resolution is not introduced within this timeframe the agency may adopt the rule.
(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] 60 consecutive calendar days during which the general court shall have been in session, whichever occurs first. The [90] 60 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] fortieth calendar day after such joint resolution has been introduced, then the agency shall be prevented from adopting and filing such rule until [90] 60 calendar days, beginning with 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, or policy committee under subparagraph VII(g), pursues legislative action under this paragraph, nor shall it prevent the committee from also voting to enter a final objection pursuant to paragraph V.
(e) Nothing in this section shall prevent the general court from introducing legislation which addresses any matter included in a joint resolution introduced under the provisions of this section.
(f) Notwithstanding any house or senate rules to the contrary, a joint resolution which the committee votes to sponsor under subparagraph VII(b), or a policy committee votes to sponsor under subparagraph VII(g), may be introduced at any time during the legislative session. It shall be subject to the same rules as any other bill introduced at the beginning of the legislative session.
(g) In addition to the joint legislative committee on administrative rules, a house of representatives or senate policy committee with oversight of the subject matter of the rule may vote to sponsor a joint resolution. A policy committee may, within 10 calendar days of a committee vote to adopt a rule, by majority vote of the entire policy committee, recommend legislative action through sponsorship of a joint resolution to prohibit the adoption of a rule. Such vote shall prevent the rule from being adopted and filed by the agency until the legislative session is adjourned. A joint resolution shall be introduced in the house or senate within 10 calendar days of such vote. If a joint resolution is not introduced within this timeframe the agency may adopt the rule. If the policy committee votes to sponsor a joint resolution pursuant to this subparagraph, the agency shall be prevented from adopting and filing such rules until final legislative action is taken on the joint resolution or the adjournment of the session.
4 Study Committee on Improving Process of Rulemaking Extended. Amend 2004, 180:6 to read as follows:
180:6 Report. The committee shall report its findings, any recommendations for proposed legislation, and any specific recommendations for implementing procedures designed to improve rulemaking that do not require statutory changes. Such report shall be submitted to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before [November 1, 2004] December 1, 2005.
5 Effective Date. This act shall take effect upon its passage.