Bill Text - HB1167 (2016)

Repealing the administrative procedure act.


Revision: Dec. 14, 2015, midnight

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HB 1167-FN - AS INTRODUCED

 

2016 SESSION

\t16-2399

\t10/03

 

HOUSE BILL\t1167-FN

 

AN ACT\trepealing the administrative procedure act.

 

SPONSORS:\tRep. Brewster, Merr. 21

 

COMMITTEE:\tExecutive Departments and Administration

 

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ANALYSIS

 

\tThis bill repeals RSA 541-A, the administrative procedure act, on July 1, 2018.  The bill authorizes a task force to review rulemaking provisions and propose further legislation.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2399

\t10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trepealing the administrative procedure act.

 

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

 

\t1  Repeal of Rulemaking Authority; 2018.  RSA 541-A, the administrative procedure act, is repealed.

\t2  Task Force Established; Rulemaking Replacement.

\t\tI.  There is hereby established a rulemaking replacement task force.  The task force shall review the text of the Revised Statutes Annotated (RSAs) and the currently effective administrative rules to determine the appropriate replacement for executive authority granted in the rulemaking provisions.

\t\tII.  The task force shall consist of the following members:

\t\t\t(a)  Five members of the house of representatives, appointed by the speaker of the house of representatives.

\t\t\t(b)  Three members of the senate, appointed by the president of the senate.

\t\tIII.  The members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

\t\tIV.  The task force on rulemaking replacement shall be authorized to:

\t\t\t(a)  Introduce legislation designed to provide each state agency with the necessary legislative authority to accomplish it duties.

\t\t\t(b)  Solicit input from any person or organization it deems relevant to its task.

\t\t\t(c)  Accept advice and recommendations from state agencies and interested parties for the appropriate replacement for administrative rules for executive actions.

\t\tV.  The members of the task force shall elect a chairperson from among the members.  The first meeting of the task force shall be called by the first-named house member.  The first meeting of the task force shall be held within 45 days of the effective date of this section.  Four members of the task force shall constitute a quorum.

\t\tVI.  The task force shall report on the progress of its task and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1 of each year and shall make a final report on or before November 1, 2018.

\t3  Effective Date.

\t\tI.  Section 1 of this act shall take effect July 1, 2018.

\t\tII.  The remainder of this act shall take effect upon its passage.

 

\t\t\t\t\t\t\t\t\t\t\tLBAO

\t\t\t\t\t\t\t\t\t\t\t16-2399

\t\t\t\t\t\t\t\t\t\t\t10/28/15

 

1167-FN - FISCAL NOTE

 

AN ACT\trepealing the administrative procedure act.

 

 

FISCAL IMPACT:

The Legislative Branch states this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2016, FY 2017, FY 2018, and FY 2019, and may decrease state revenue by an indeterminable amount in FY 2019 and each year thereafter.  There will be no fiscal impact to county and local revenue or expenditures.

 

METHODOLOGY:

The Legislative Branch states this bill establishes the rulemaking replacement task force to review the rulemaking process.  The task force is established upon passage of the bill and is charged to review statute and administrative rules to determine the appropriate replacement for executive authority granted in the rulemaking provisions.  The Legislative Branch states this bill repeals RSA 541-A, the Administrative Procedures Act, effective July 1, 2018 and requires the rulemaking replacement task force to issue a final report on November 1, 2018.  To the extent the Legislative Branch needs to hire additional special legislative staff to assist the rulemaking replacement committee, states expenditures may increase in FY 2016, FY 2017, FY 2018, and FY 2019.   The Legislative Branch states RSA 541-A specifies how long administrative rules are valid for and stipulates the procedure state agencies must follow to implement administrative rules.  If the rulemaking replacement task force does not pass a law replacing RSA 541-A by July 1, 2018, then it is unclear whether administrative rules approved under RSA 541-A would still have the full effect of law or whether they would be rendered invalid.  The Legislative Branch states that if administrative rules no longer carried the full effect of the law, fees included in administrative rules would no longer be valid and could not be collected by state agencies which would result in an indeterminable decrease in state revenue.  Further, if RSA 541-A is repealed and not replaced, there would be no avenue available to update existing, implement new, or reintroduce expired administrative rules which may further decrease fee revenue.

 

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