Revision: Jan. 6, 2012, midnight
HB 624 – AS AMENDED BY THE HOUSE
4Jan2012… 2775h
2011 SESSION
05/10
HOUSE BILL 624
AN ACT relative to the rulemaking authority of state agencies to establish fees and costs and establishing a committee to study the rulemaking authority of state agencies to establish fees.
SPONSORS: Rep. Giuda, Merr 7; Rep. O'Brien, Hills 4; Rep. Bettencourt, Rock 4; Rep. F. Rice, Rock 15; Rep. Hansen, Hills 6; Rep. Pitre, Straf 3; Rep. Laware, Sull 5; Rep. Tamburello, Rock 3; Rep. Donovan, Hills 2; Rep. W. Hutchinson, Hills 9; Sen. Bradley, Dist 3
COMMITTEE: Executive Departments and Administration
This bill:
I. Establishes a committee to study the rulemaking authority of state agencies to establish fees.
II. Limits the rulemaking authority of state agencies to establish or increase fees, or establish or modify an agency program or responsibility in a manner that increases costs to persons affected by the rule.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2775h
11-0591
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the rulemaking authority of state agencies to establish fees and costs and establishing a committee to study the rulemaking authority of state agencies to establish fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established.
I. There is established a committee to study the rulemaking authority of state agencies to establish fees.
II.(a) The members of the committee shall be as follows:
(1) Seven members of the house of representatives, appointed by the speaker of the house of representatives.
(2) Two members of the senate, appointed by the senate president.
(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall:
(a) Review statutes that authorize fees to be set in administrative rules.
(b) Review the frequency of changes to fees established by state agencies and boards.
(c) Examine whether establishing statutory or other parameters would positively impact fee changes.
(d) Evaluate the process of setting fees to cover agency expenses or budgets.
(e) Review and recommend policy changes resulting from the study committee.
IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 15 days of the effective date of this section. Five members of the committee shall constitute a quorum.
V. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, and the senate clerk on or before October 20, 2012.
2 Procedure for Adoption of Rules; Legislative Approval for Rules Establishing or Increasing Fees or Costs. Amend RSA 541-A:3, VI and VII to read as follows:
VI. Responding to the committee when required under RSA 541-A:13; [and]
VII. Receiving specific legislative approval for any proposed rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that is likely to increase costs to persons affected by the rule; and
VIII. Adopting and filing a final rule under RSA 541-A:14.
3 New Section; Administrative Procedure Act; Limitation on Rules Establishing Fees or Increasing Program Costs. Amend RSA 541-A by inserting after section 3-b the following new section:
541-A:3-c Limitation on Rules Establishing or Increasing Fees and Costs. No agency may propose or adopt a rule under RSA 541-A:3 or RSA 541-A:19 that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs to persons affected by the rule, without specific authority in the authorizing legislation or specific legislative approval for such a rule.
4 New Paragraph; Final Adoption of Administrative Rule. Amend RSA 541-A:14 by inserting after paragraph IV the following new paragraph:
V. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs for persons affected by the rule, without first receiving specific legislative approval for such a rule.
5 New Paragraph; Interim Rules. Amend RSA 541-A:19 by inserting after paragraph X the following new paragraph:
XI. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs for persons affected by the rule, without first receiving specific legislative approval for such a rule.
6 New Paragraph; Rules Exempt from the Administrative Procedure Act. Amend RSA 541-A:21 by inserting after paragraph VI the following new paragraph:
VII. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs to persons affected by the rule, without first receiving specific legislative approval for such a rule.
7 Administrative Procedure Act; Validity of Rules. Amend RSA 541-A:22, III(c) to read as follows:
(c) Require fees unless the amount of the fee or parameters for determining the fee are specifically authorized by a statute enforced or administered by an agency. Specific authorization shall not include the designation of agency fee income in the operating budget when no other statutory authorization exists.
8 New Subparagraph; Administrative Procedure Act; Validity of Rules. Amend RSA 541-A:22, III by inserting after subparagraph (h) the following new subparagraph:
(i) Establish or modify an agency program or responsibility in a manner that increases costs for persons affected by the rule.
9 Effective Date.
I. Section 1 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect July 10, 2013.