HB 1442-FN - AS INTRODUCED
2016 SESSION
\t16-2328
\t10/01
HOUSE BILL\t1442-FN
AN ACT\trelative to objections to proposed agency rules under the administrative procedure act.
SPONSORS:\tRep. Sanborn, Hills. 41; Rep. Cordelli, Carr. 4; Rep. Schroadter, Rock. 17; Rep. Abrami, Rock. 19; Rep. E. Hennessey, Graf. 1; Rep. Balcom, Hills. 21; Rep. Pitre, Straf. 2; Rep. McConnell, Ches. 12; Rep. Vose, Rock. 9; Rep. Potucek, Rock. 6
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill allows the joint committee on administrative rules (JLCAR) to object to proposed agency rules if they are deemed to have a negative impact on businesses. The bill also provides that if JLCAR makes a final objection to a rule, and the agency adopts the rule, the portion of the rule objected to expires in 90 days.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2328
\t10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to objections to proposed agency rules under the administrative procedure act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Administrative Procedure Act; Committee Review of Rules; Objection. Amend RSA 541-A:13, IV to read as follows:
\t\tIV. The committee may object to a proposed rule if the rule is:
\t\t\t(a) Beyond the authority of the agency;
\t\t\t(b) Contrary to the intent of the legislature;
\t\t\t(c) Determined not to be in the public interest; [or]
\t\t\t(d) Deemed by the committee to have a substantial economic impact not recognized in the fiscal impact statement[.]; or
\t\t\t(e) Deemed to have a negative impact upon businesses.
\t2 Objection; Interim Rules. Amend RSA 541-A:19, VII to read as follows:
\t\tVII. The committee may object to a proposed interim rule if the rule is:
\t\t\t(a) Beyond the authority of the agency;
\t\t\t(b) Contrary to the intent of the legislature;
\t\t\t(c) Determined not to be in the public interest;[ or]
\t\t\t(d) Deemed by the committee not to meet the requirements of paragraph I[.]; or
\t\t\t(e) Deemed to have a negative impact upon businesses.
\t3 Objection; Expedited Repeal Of Rules. Amend RSA 541-A:19-a, VII to read as follows:
\t\tVII. The proposed repeal shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in paragraph V. The committee may approve or object to the repeal. The committee may object to the repeal if the repeal is:
\t\t\t(a) Beyond the authority of the agency;
\t\t\t(b) Contrary to the intent of the legislature; [or]
\t\t\t(c) Deemed by the committee not to meet the requirements of paragraph I[.]; or
\t\t\t(d) Deemed to have a negative impact upon businesses.
\t4 Objection; Revisions to Forms. Amend RSA 541-A:19-c, VI to read as follows:
\t\tVI. The proposed form shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in subparagraph III(e). The committee may approve or object to the form. The committee may object to the adoption of the form if the form is:
\t\t\t(a) Beyond the authority of the agency;
\t\t\t(b) Contrary to the intent of the legislature; [or]
\t\t\t(c) Deemed by the committee not to meet the requirements of this section[.]; or
\t\t\t(d) Deemed to have a negative impact upon businesses.
\t5 Objection; Incorporation by Reference. Amend RSA 541-A:19-d, VII to read as follows:
\t\tVII. The amended rule shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in subparagraph II(g). The committee may approve, conditionally approve, or object to the amended rule pursuant to RSA 541-A:13, V-VII. The committee may object to the amended rule if the rule is:
\t\t\t(a) Beyond the authority of the agency;
\t\t\t(b) Contrary to the intent of the legislature;
\t\t\t(c) Deemed not to be in the public interest; [or]
\t\t\t(d) Deemed by the committee not to meet the requirements of paragraph I[.]; or
\t\t\t(e) Deemed to have a negative impact upon businesses.
\t6 Final Objection to Agency Rules; Expiration RSA 541-A:13, VII is repealed and reenacted to read as follows:
\t\tVII. Following a final objection to a rule filed under subparagraph V(f), any portion of the rule objected to which is adopted and filed by the agency shall expire 90 days after becoming effective.
\t7 Expiration of Rules; Exception Added. Amend RSA 541-A:16, III to read as follows:
\t\tIII. A rule shall become effective as of 12:01 a.m. on the day after the filing of the adopted rule or as of 12:01 a.m. on the date specified by the agency pursuant to RSA 541-A:14, IV, RSA 541-A:14-a, III, or RSA 541-A:19, X, or such other date and time as specified, provided that filing occurs before such effective date and time. Except as provided in RSA 541-A:14-a and RSA 541-A:13, VII, a rule adopted under RSA 541-A:14, IV shall expire after the last day of the tenth year following its becoming effective, unless sooner amended, readopted, or repealed.
\t8 Adoption of Rules; Reference to Joint Resolution Removed. Amend RSA 541-A:14, I(d) to read as follows:
\t\t\t(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
\t9 Repeal; Final Legislative Action. The following are repealed:
\t\tI. RSA 541-A:1, VI-a, relative to the definition of final legislative action.
\t\tII. RSA 541-A:14, I(e), relative to adoption of rules upon final legislative action.
\t10 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2328
\t\t\t\t\t\t\t\t\t\t\t11/13/15
HB 1442-FN- FISCAL NOTE
AN ACT\trelative to objections to proposed agency rules under the administrative procedure act.
FISCAL IMPACT:
The Legislative Branch and Department of Administrative Services state this bill, as introduced, will have an indeterminable impact on state revenue and expenditures in FY 2017 and each year thereafter. There will be no fiscal impact to county and local revenue and expenditures.
METHODOLOGY:
The Legislative Branch states this bill allows the Joint Legislative Committee on Administrative Rules (JLCAR) to object to proposed rules if they are deemed to have a negative impact on businesses. Under this bill, if JLCAR objects to any portion of a proposed rule then that portion of the rule will expire 90 days thereafter. To the extent JLCAR objects to proposed rules containing fees or fines, there will be an indeterminable impact to state revenue because the proposed rules which, may create new or modify existing fees or fines, would expire before new rules could be adopted. To the extent, JLCAR objects to more rules or sections and they expire 90 days thereafter, state agencies may need to undertake more rulemaking which could increase state expenditures by an indeterminable amount.
The Department of Administrative Services states this bill will have an indeterminable impact on state revenue and expenditures.
The Department of Justice states this bill will have no fiscal impact on its operations.