HB 1640-FN - AS INTRODUCED
2016 SESSION
\t16-2440
\t10/09
HOUSE BILL\t1640-FN
AN ACT\trelative to the expiration of administrative rules.
SPONSORS:\tRep. Hoell, Merr. 23; Rep. Itse, Rock. 10; Rep. Ingbretson, Graf. 15; Rep. Edelblut, Hills. 38
COMMITTEE:\tExecutive Departments and Administration
-----------------------------------------------------------------
ANALYSIS
\tThis bill requires that administrative rules expire after 2 years unless ratified by legislation recommended by standing policy committees which allow them to expire after 10 years.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2440
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the expiration of administrative rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Administrative Rules; Expiration. 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, a rule adopted under RSA 541-A:14, IV shall expire after the last day of the [tenth] second year following its becoming effective, unless sooner amended, readopted, or repealed, provided that any such rule may be extended to expire after the last day of the tenth year following its becoming effective if the rule is ratified by legislation recommended by the standing policy committees overseeing the subject matter of the rule and adopted prior to the end of the 2-year period.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2440
\t\t\t\t\t\t\t\t\t\t\t12/21/15
HB 1640-FN- FISCAL NOTE
AN ACT\trelative to the expiration of administrative rules.
FISCAL IMPACT:
The Legislative Branch, Department of Justice, and Department of Administrative Services state this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter, 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 changes the current ten-year effective life of an adopted regular administrative rule to two years, unless new or amended regular rules are ratified by the legislature within two years due to legislation recommended by the standing policy committees. Reducing the effective life of administrative rules to two years is expected to increase the volume of rulemaking proceedings and the amount of work handled by the Joint Legislative Committee on Administrative Rules and policy committees. Further, this bill is expected to increase the workload of all executive branch agencies responsible for administrative rules. State revenue may decrease if the administrative burden on state agencies and the legislature cannot be met and effective rules expire. Many administrative rules include fees, which could no longer be collected, and other administrative rules are required by the federal government to receive federal grant funds.
The Department of Justice states the fiscal impact of this bill cannot be determined because it cannot predict how many agencies would need additional assistance from the Department in preparing administrative rules. The Department states if more rules expire, resulting in additional civil lawsuits against the state, then state expenditures may increase.
The Department of Administrative Services states it is unable to determine the fiscal impact the proposed legislation may have on its functions. The Department assumes this bill will increase the work activity of both executive and legislative branch personnel.