CHAPTER 230
HB 252 – FINAL VERSION
11Mar2009… 0515h
05/27/09 1634s
24Jun2009… 2225cofc
2009 SESSION
10/09
HOUSE BILL 252
AN ACT relative to state agency rulemaking concerning expiring administrative rules and relative to electronic filing.
SPONSORS: Rep. Stohl, Coos 1; Rep. Pilotte, Hills 16; Rep. Patten, Carr 4; Sen. Letourneau, Dist 19
COMMITTEE: Executive Departments and Administration
This bill establishes a procedure for review of agency rulemaking prior to expiration of the rules. The bill also establishes a pilot program for electronic filing by rulemaking agencies under the administrative procedures act, RSA 541-A, and allows for electronic filing for all rulemaking agencies beginning July 1, 2010.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2009… 0515h
05/27/09 1634s
24Jun2009… 2225cofc
09-0456
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to state agency rulemaking concerning expiring administrative rules and relative to electronic filing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
230:1 New Section; Administrative Procedures Act; Expiring Rules. Amend RSA 541-A by inserting after section 20 the following new section:
541-A:20-a Initiating Rulemaking Prior to Expiration Date of Existing Rule; Expired Rule.
I. Provided that the relevant statute granting rulemaking authority for an existing rule is valid and in effect and requires the agency to adopt the rule, the agency to which such authority is granted shall act expeditiously to commence rulemaking pursuant to RSA 541-A to prevent expiration of such rules and to allow adequate time for the committee to consider the rules.
II. If an agency consistently fails to readopt its rules prior to their expiration as provided in paragraph I, the committee may direct the agency to contact the director to develop a timetable of readoption or readoption with amendments.
III. An agency shall not be precluded from adopting an interim rule pursuant to RSA 541-A:19, I(d) to keep rules from expiring or RSA 541-A:19, I(e) to put expired rules back into effect.
230:2 Administrative Procedures Act; Definition of File; Electronic Filing Added. Amend RSA 541-A:1, VI to read as follows:
VI. "File'' means the actual receipt, by the director of legislative services, of a paper or electronic document required to be submitted during a rulemaking process established by this chapter.
230:3 New Subparagraph; Joint Legislative Committee on Administrative Rules; Pilot Program for Electronic Filing. Amend RSA 541-A:2, IV by inserting after subparagraph (f) the following new subparagraph:
(g) Establish, in consultation with the director of the office of legislative services, a pilot program authorizing procedures for electronic filing of notices and rules by agencies. Notwithstanding RSA 541-A:1, VI, the committee shall permit electronic filing by selected agencies pursuant to criteria established in the pilot program.
230:4 Effective Date.
I. Section 2 of this act shall take effect July 1, 2010.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: July 16, 2009
Effective Date: I. Section 2 shall take effect July 1, 2010.
II. Remainder shall take effect September 14, 2009.