2008 SESSION

08-2896

01/09

SENATE JOINT RESOLUTION 1

ANALYSIS

This joint resolution prohibits the department of health and human services from adopting proposed administrative rule He-P 1906.02.

This joint resolution is a request of the joint legislative committee on administrative rules.

08-2896

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

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

Whereas, in proposal 2007-151 the department of health and human services proposed administrative rule He-P 1906.02, relative to the imposition of administrative fines on persons in charge under the indoor smoking act; and

Whereas, the joint legislative committee on administrative rules voted on December 27, 2007 to enter a final objection and to sponsor a joint resolution on the grounds that the department of health and human services has exceeded its authority by establishing administrative fines for violations of RSA 155:76, III while the general court has not authorized the establishment of such penalties; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court of the state of New Hampshire hereby prohibits the department of health and human services from adopting proposed administrative rule He-P 1906.02 as contained in proposal 2007-151; and

That the general court shall, during the 2008 legislative session, clarify by legislation the authority for establishing penalties for persons violating RSA 155:76, III.

Approved: May 28, 2008

• SJR1 at GenCourtMobile

Bill Text Revisions

SJR1 Revision: 12364 Date: Jan. 1, 2008, midnight

Docket

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