HB249 (2007) Detail

(New Title) relative to preliminary objections to rules made by the joint legislative committee on administrative rules, and relative to extending the study committee on the rules process.


CHAPTER 80

HB 249 – FINAL VERSION

06Mar2007… 0155h

04/26/07 1350s

2007 SESSION

07-0510

10/04

HOUSE BILL 249

AN ACT relative to preliminary objections to rules made by the joint legislative committee on administrative rules, and relative to extending the study committee on the rules process.

SPONSORS: Rep. Patten, Carr 4; Rep. Pilotte, Hills 16; Sen. Fuller Clark, Dist 24; Sen. Letourneau, Dist 19

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill clarifies the procedure for the joint legislative committee on administrative rules to make a preliminary objection and send the proposed rule to the standing policy committees for review. This bill also extends the study committee on the rules process established in 2006, 145:10.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Mar2007… 0155h

04/26/07 1350s

07-0510

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to preliminary objections to rules made by the joint legislative committee on administrative rules, and relative to extending the study committee on the rules process.

Be it Enacted by the Senate and House of Representatives in General Court convened:

80:1 Rulemaking; Preliminary Objections by the Joint Legislative Committee on Administrative Rules; Policy Committee Review. Amend RSA 541-A:13, V(b) to read as follows:

(b) If the committee objects to the final proposal as filed or as amended pursuant to paragraph II, the committee shall send the agency a preliminary written objection stating the basis for the objection. A preliminary objection or conditional approval shall require the assent of a majority of the votes cast, a quorum being present. If a preliminary objection is made [to a rule proposed to implement a new or newly amended state statute], the committee may send a copy of the preliminary objection to the appropriate house and senate standing policy committees and, if so, shall give notice to the agency. Within 30 days of the date the preliminary objection was entered, the standing policy [committee may] committees at properly convened executive sessions shall review the proposed rules and the preliminary objection and [may advise the committee relative to the basis for the preliminary objection] shall adopt recommendations or comments relative to the basis for the preliminary objection and shall communicate the same to the committee.

80:2 Study Committee of the Rules Process Extended. Amend 2006, 145:10, VI to read as follows:

VI. 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 appropriate policy committees of the house of representatives and the senate, 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, [2006] 2008.

80:3 Effective Date. This act shall take effect upon its passage.

Approved: June 11, 2007

Effective: June 11, 2007