HB546 (2017) Detail

Requiring a business impact assessment as part of the rulemaking process and relative to objections to proposed agency rules under the administrative procedure act.


HB 546-FN - AS INTRODUCED

 

 

2017 SESSION

17-0046

05/10

 

HOUSE BILL 546-FN

 

AN ACT requiring a business impact assessment as part of the rulemaking process and relative to objections to proposed agency rules under the administrative procedure act.

 

SPONSORS: Rep. Vose, Rock. 9; Rep. Hennessey, Graf. 1; Rep. Cordelli, Carr. 4; Rep. Chirichiello, Rock. 6; Rep. Murotake, Hills. 32; Sen. Gannon, Dist 23

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill:

 

I.  Directs the legislative budget assistant to prepare a business impact assessment for proposed rules under the administrative procedure act.

 

II.  Provides that the joint legislative committee on administrative rules may object to any rule deemed to have a substantial business impact not recognized in the business impact assessment.

 

III.  Provides that if the joint legislative committee on administrative rule issues a final objection to a rule, and the agency adopts the rule, the portion of the rule objected to shall expire in 90 days.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0046

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT requiring a business impact assessment as part of the rulemaking process and relative 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:

 

1  New Paragraph; Administrative Procedure Act; Definition of Business Impact Assessment Added.  Amend RSA 541-A:1 by inserting after paragraph II the following new paragraph:

II-a.  "Business impact assessment" means a statement prepared by the legislative budget assistant using readily available data researched from common data sources that includes the elements required by RSA 541-A:5, IV.

2  Procedure for Adoption of Rules.  Amend RSA 541-A:3, I to read as follows:

I.  Filing a notice of the proposed rule under RSA 541-A:6, including a fiscal impact statement, a business impact assessment, and a statement that the proposed rule does not violate the New Hampshire constitution, part I, article 28-a;

3  New Section; Business Impact Assessment.  Amend RSA 541-A by inserting after section 5 the following new section:

541-A:5-a  Business Impact Assessment.

I.  The agency shall provide the legislative budget assistant with adequate details of the intended action and supporting data to enable the legislative budget assistant to prepare a business impact assessment.

II.  The legislative budget assistant shall develop a form which shall specify the details and supporting data necessary to assess the business impact of the intended action.  The business impact of a proposed rule which was previously effective but has expired, or of a proposed rule which adopts a current agency policy, procedure, or practice as a rule for the first time, shall not be assessed as an existing rule but as a proposed rule which is not yet effective.

III.  The legislative budget assistant shall establish a schedule of deadlines for submission of the business impact assessment form, and the agency shall file the completed form with the legislative budget assistant in accordance with such deadlines.

IV.  The business impact assessment issued by the legislative budget assistant shall use readily available data researched from common data sources and shall include:

(a)  An estimated number of businesses affected by the rule.

(b)  The projected cost to businesses of complying with the rule, including reporting, record keeping, administrative costs, effect on the workforce, capital investment, taxation, competition, economic development, consumer choice, fees, and legal or other professional counsel.

(c)  The projected time required initially and then annually thereafter to comply with the proposed rule.

(d)  A comparison to federal law and regulations to determine if the rule will make New Hampshire law more onerous, costly, and time consuming or the same as federal law.

(e)  A comparison to similar rules in the northeast region of the United States.

(f)  A comparison to similar rules across the country.

(g)  An analysis if it is determined that the rule will help some businesses but hurt others.

(h)  An analysis of regulatory flexibility and exemptions or alternative means of compliance.

(i)  An analysis of whether the rule waives fees and penalties for first-time offenders of noncompliance.

V.  All agencies are directed to cooperate with the legislative budget assistant in the preparation of the business impact assessment.

4  Notice of Rulemaking Proceedings.  Amend RSA 541-A:6, I(i) to read as follows:

(i)  The fiscal impact statement and business impact assessment completed by the legislative budget assistant.

5  New Subparagraph; Joint Legislative Committee on Administrative Rules; Objection Based on Business Impact Assessment.  Amend RSA 541-A:13, IV by inserting after subparagraph (d) the following new subparagraph:

(e)  Deemed by the committee to have a substantial business impact not recognized in the business impact assessment.

6  Review by the Joint Legislative Committee on Administrative Rules; Final Objection to Agency Rule; Expiration.  RSA 541-A:13, VII is repealed and reenacted to read as follows:

VII.  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.

7  Expiration of Rules; Exception Added.  Amend RSA 541-A:16, III to read as follows:

III.  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.

8  Adoption of Rules; Reference to Joint Resolution Removed.  Amend RSA 541-A:14, I(d) to read as follows:

(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

9  Repeal; Final Legislative Action.  The following are repealed:

I.  RSA 541-A:1, VI-a, relative to the definition of final legislative action.

II.  RSA 541-A:14, I(e), relative to adoption of rules upon final legislative action.

10  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0046

1/12/17

 

HB 546-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT requiring a business impact assessment as part of the rulemaking process and relative to objections to proposed agency rules under the administrative procedure act.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [ X ] Education            [ X ] Highway           [ X ] Other

 

 

 

 

 

METHODOLOGY:

This bill directs the Office of Legislative Budget Assistant to prepare a business impact assessment for proposed rules under the Administrative Procedure Act and to prepare a schedule of deadlines and a form which shall specify the details and supporting data necessary to assess the business impact of the intended action.  The Legislative Branch indicates the fiscal impact of this legislation and staffing needs for the Office of Legislative Budget Assistant and the Administrative Rules Division of the Office of Legislative Services is dependent upon the complexity and number of rules requiring a business impact assessment.

 

The Department of Administrative Services assumes this bill would have a more significant impact on agencies with broader rulemaking authority.  The Department indicates that there is a current requirement for a fiscal impact statement (FIS) to be submitted for all administrative rules for review by the Joint Legislative Committee on Administrative Rules (JLCAR).  As is the case with regard to the preparation of the FIS, the complexity of the proposed business impact statement would vary significantly depending on the actual content of the rule.  Agency staff time would most likely be affected but the fiscal impact is indeterminable.  The fiscal impact of the technical amendments to the JLCAR process are likewise indeterminable as it unknown how often the new process would be used and what rules might be impacted.

 

The Department of Justice indicates a state agency, board or commission that is promulgating rules may seek legal advice from the Department with respect to the development of a business impact assessment.  The Department cannot estimate the number of attorney hours that will be required to respond to those requests.

 

AGENCIES CONTACTED:

Legislative Branch, Department of Administrative Services, and Department of Justice

 

Links

HB546 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 House Hearing
March 1, 2017 House Exec Session
March 8, 2017 House Floor Vote

Bill Text Revisions

HB546 Revision: 220 Date: Jan. 26, 2017, 8:05 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Executive Departments and Administration HJ 3 P. 18
Feb. 7, 2017 Public Hearing: 02/07/2017 11:00 AM LOB 306
Feb. 23, 2017 ==CANCELLED== Subcommittee Work Session: 02/23/2017 10:30 AM LOB 306
Feb. 23, 2017 ==CANCELLED== Executive Session: 02/23/2017 02:30 PM LOB 305-307
Feb. 28, 2017 ==RESCHEDULED== Subcommittee Work Session: 02/28/2017 10:00 AM LOB 302
March 1, 2017 ==RESCHEDULED== Executive Session: 03/01/2017 01:00 PM LOB 306
March 8, 2017 Committee Report: Inexpedient to Legislate for 03/08/2017 (Vote 19-1; CC) HC 14 P. 13
March 8, 2017 Inexpedient to Legislate: MA VV 03/08/2017 HJ 9 P. 26