HB1600 (2018) Detail

Relative to objections to proposed rules by the joint legislative committee on administrative rules.


HB 1600 - AS INTRODUCED

 

 

2018 SESSION

18-2398

10/01

 

HOUSE BILL 1600

 

AN ACT relative to objections to proposed rules by the joint legislative committee on administrative rules.

 

SPONSORS: Rep. L. Ober, Hills. 37; Rep. M. MacKay, Hills. 30; Rep. Emerick, Rock. 21; Rep. Eaton, Ches. 3; Rep. Leishman, Hills. 24; Rep. Spanos, Belk. 3; Rep. McGuire, Merr. 29; Rep. J. Graham, Hills. 7; Sen. Carson, Dist 14; Sen. Sanborn, Dist 9

 

COMMITTEE: Executive Departments and Administration

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill allows the joint legislative committee on administrative rules to object to a rule if it is not authorized by a law enacted by the legislature or if it contains ambiguous or undefined words.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2398

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to objections to proposed rules by the joint legislative committee on administrative rules.

 

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

 

1  Administrative Procedure Act; Committee Review of Rules; Objection.  Amend RSA 541-A:13, IV to read as follows:

IV.  The committee may object to a proposed rule if the rule is:

(a)  Beyond the authority of the agency or not authorized by a law enacted by the legislature;

(b)  Contrary to the intent of the legislature;

  (c)  Determined not to be in the public interest; [or]

  (d)  Deemed by the committee to have a substantial economic impact not recognized in the fiscal impact statement[.]; or

(e)  Determined to contain substantive terms defined or used in an ambiguous  manner or technical words or phrases without appropriate definitions.

2  Objection; Interim Rules.  Amend RSA 541-A:19, VII to read as follows:

VII.  The committee may object to a proposed interim rule if the rule is:

(a)  Beyond the authority of the agency or not authorized by a law enacted by the legislature;

(b)  Contrary to the intent of the legislature;

  (c)  Determined not to be in the public interest; [or]

  (d)  Deemed by the committee not to meet the requirements of paragraph I[.]; or

(e)  Determined to contain substantive terms defined or used in an ambiguous  manner or technical words or phrases without appropriate definitions.

3  Objection; Revisions to Forms.  Amend RSA 541-A:19-c, VI to read as follows:

VI.  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:

(a)  Beyond the authority of the agency or not authorized by a law enacted by the legislature;

(b)  Contrary to the intent of the legislature; [or]

(c)  Deemed by the committee not to meet the requirements of this section

[.]; or

(d)  Determined to contain substantive terms defined or used in an ambiguous  manner or technical words or phrases without appropriate definitions.

4  Objection; Incorporation by Reference.  Amend RSA 541-A:19-d, VII to read as follows:

VII.  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:

(a)  Beyond the authority of the agency or not authorized by a law enacted by the legislature;

(b)  Contrary to the intent of the legislature;

(c)  Deemed not to be in the public interest; [or]

(d) Deemed by the committee not to meet the requirements of paragraph I[.]; or

(e)  Determined to contain substantive terms defined or used in an ambiguous  manner or technical words or phrases without appropriate definitions.

5  Effective Date.  This act shall take effect July 1, 2018.

Links

HB1600 at GenCourtMobile

Action Dates

Date Body Type
Jan. 16, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote

Bill Text Revisions

HB1600 Revision: 2190 Date: Nov. 13, 2017, 9:42 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 17
Jan. 16, 2018 Public Hearing: 01/16/2018 10:00 AM LOB 306
Jan. 30, 2018 Subcommittee Work Session: 01/30/2018 09:00 AM LOB 306
Feb. 13, 2018 ==ROOM CHANGE== Subcommittee Work Session: 02/13/2018 01:00 PM LOB 202
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 306
Committee Report: Inexpedient to Legislate (Vote 11-1; CC)
March 6, 2018 Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 11-1; CC) HC 9 P. 21
March 6, 2018 Inexpedient to Legislate: MA VV 03/06/2018 HJ 6 P. 38