Revision: Jan. 21, 2011, midnight
HB 211 – AS INTRODUCED
2011 SESSION
10/03
HOUSE BILL 211
AN ACT relative to the review and approval of proposed agency rules under the administrative procedures act.
SPONSORS: Rep. C. McGuire, Merr 8; Rep. S. Palmer, Hills 6; Rep. Seidel, Hills 20
COMMITTEE: Executive Departments and Administration
This bill allows legislative policy committees to review and advise the joint legislative committee on administrative rules on agency rules proposals. The bill also removes provision where the failure of the joint legislative committee on administrative rules to act within a certain time frame allow a rule to be adopted.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0086
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the review and approval of proposed agency rules under the administrative procedures act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Procedures Act; Proposed Rule; Policy Committee Review. Amend RSA 541-A:10 to read as follows:
541-A:10 Filing of Proposed Rule Text. At the same time the notice required by RSA 541-A:6, I is filed, the agency shall file the text of the proposed rule with the director of legislative services, and shall send a copy of the proposed rule to the appropriate house and senate standing policy committees for distribution to the members of such policy committees. The legislative members of the standing policy committees shall review the proposed rules and may submit recommendations or comments relative to the compliance of the proposed rule with the intent of the legislature in the authorizing legislation. The standing policy committee may meet at a properly convened executive session to review the proposed rule and recommend preliminary objection by the committee if the proposed rule is filed as the agency’s final proposal. The text as filed by the agency shall not be changed or established as the text of the final proposal until after the conclusion of the public comment period established pursuant to RSA 541-A:11.
2 Administrative Rulemaking; Review by Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:13, I-III to read as follows:
I. Within 45 days of the filing of a final proposal with the director of legislative services, the committee [may] shall either approve the rule or object under paragraph V, except that if an agency has filed a final proposal under RSA 541-A:12, I-a, the time shall be extended to 60 days. Objections to a rule may be made only once.
II.(a) If an agency has filed a final proposal and the committee has granted the agency’s request, pursuant to RSA 541-A:12, I-a, the director of legislative services shall notify the agency of any potential bases for committee objection identified by the office of legislative services or the standing policy committee by forwarding a copy of the final proposal with the counsel’s comments noted thereon at least 14 days prior to the committee meeting at which the proposal will be considered.
(b) In response to the comments, an agency may then file a proposed amended final proposal with the director for review by the committee and request that the committee approve the rule as amended. Both the request and the amendment shall be in writing and shall be filed at least 7 days prior to the regularly scheduled meeting or special meeting for which the final proposal has been placed on the agenda.
(c) The committee may:
(1) Approve the rule as originally filed;
(2) Approve the rule with amendment; or
(3) Act under paragraph V.
(d) If the committee approves the rule as filed pursuant to RSA 541-A:12, or with amendment, it shall notify the agency in writing of its approval.
(e) The failure of the committee to give notice of either approval, conditional approval, or objection at the end of the 45-day or 60-day period under paragraph I shall not be deemed approval.
III. If the rule is approved under subparagraph II(c) [or (e)], the agency may adopt the rule.
3 Alternative Procedure; Final Objection to Proposed Rule. Amend RSA 541-A:13, VII to read as follows:
VII.(a) The provisions of this paragraph may be used by the committee 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] shall, 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)].
(c) If the committee votes to sponsor a joint resolution pursuant to subparagraph VII(b), the joint resolution shall be introduced in the house of representatives or senate within 10 business days of such vote when the general court is in session and 10 business days of the start of the following legislative session if such vote occurs when the general court is not in session. [If a joint resolution is not introduced within this time frame, the agency may adopt the rule.] If a joint resolution is introduced [within this time frame], 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, then the agency shall be prevented from adopting and filing such rule until 90 calendar days, beginning with the next session of the general court, have passed].
(d) The provisions of this paragraph shall apply to only the specific 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, 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) 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.
4 Final Adoption. Amend RSA 541-A:14, I to read as follows:
I. An agency may adopt a properly filed final proposed rule after:
(a) [The passage of 45 days from filing of a final proposal under RSA 541-A:12, I, or 60 days from filing under RSA 541-A:12, I-a, without receiving notice of objection from the committee;
(b)] Receiving approval from the committee;
[(c)] (b) Written confirmation is sent to the agency by committee legal counsel relative to agency compliance with the committee’s conditional approval pursuant to RSA 541-A:13, V(a); or
[(d) Passage of the 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to RSA 541-A:13, VII; or
(e)] (c) 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].
5 Effective Date. This act shall take effect 60 days after its passage.