HB1407 (2020) Detail

Relative to adopting rules relative to departmental forms.


HB 1407 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0765h

2020 SESSION

20-2182

05/10

 

HOUSE BILL 1407

 

AN ACT relative to adopting rules relative to departmental forms.

 

SPONSORS: Rep. Hatch, Coos 6; Rep. P. Schmidt, Straf. 19; Rep. McGuire, Merr. 29; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill revises the rulemaking requirements for forms under the administrative procedure act.  

 

The bill is a request of the joint legislative committee on administrative rules.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0765h 20-2182

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to adopting rules relative to departmental forms.

 

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

 

1  Administrative Procedure Act; Definition of Form.  RSA 541-A:1, VII-a is repealed and reenacted to read as follows:

VII-a.  "Form" means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to the agency by persons outside the agency, such as, but not limited to, licensing applications, petitions, or requests.  The term does not include a document that is called a form by the agency but which does not have blank spaces for insertion of information by persons outside the agency.

2  Public Hearing and Comment.  Amend RSA 541-A:11, I(a) to read as follows:

I.(a)  Each agency shall hold at least one public hearing on all proposed rules filed pursuant to RSA 541-A:3 and shall afford all interested persons reasonable opportunity to testify and to submit data, views, or arguments in writing or, if practicable for the agency, in electronic format, in accordance with the terms of the notice filed pursuant to RSA 541-A:3, I and the provisions of this section.  The office of legislative services shall provide oral or written comments on potential bases for committee objection under RSA 541-A:13, IV in a form and manner determined by the director of the office of legislative services.  Each agency shall require all materials submitted in writing to be signed by the person who submits them, and the agency shall transfer to hard copy, if practicable for the agency, all materials submitted as diskette, electronic mail, or other electronic format.  Copies of the proposed rule and of any draft new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rule incorporates by reference or whose requirements are set forth in the rule pursuant to RSA 541-A:19-b, shall be available to the public under RSA 91-A and at least 5 days prior to the date of the hearing.

3  New Paragraph; Filing of Final Proposal.  Amend RSA 541-A:12 by inserting after paragraph II the following new paragraph:

II-a.  The agency shall file with the final proposal a copy of any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which has been incorporated by reference in the final proposed rule or whose requirements are set forth in the final proposed rule pursuant to RSA 541-A:19-b.

4  Review by the Joint Legislative Committee on Administrative Rules; Basis for Objection.  Amend RSA 541-A:13, IV(c) to read as follows:

(c)  Determined not to be in the public interest, including the existence of substantive inconsistencies between a form and the rule where the form is incorporated by reference or which sets forth the requirements of the form, pursuant to RSA 541-A:19-b; or

5  Final Adoption.  Amend RSA 541-A:14, III to read as follows:

III.  The agency shall file [all adopted rules] with the director of legislative services all adopted rules and any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rules incorporate by reference or whose requirements are set forth in the rules pursuant to RSA 541-A:19-b.

6  New Paragraph; Interim Rules.  Amend RSA 541-A:19 by inserting after paragraph IV the following new paragraph:

IV-a.  The agency shall file with the proposed interim rule a copy of any related new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which has been incorporated by reference in the proposed interim rule or whose requirements are set forth in the proposed interim rule pursuant to RSA 541-A:19-b.

7  Interim Rules; Basis for Objection.  Amend RSA 541-A:19, VII(c) to read as follows:

(c)  Determined not to be in the public interest, including the existence of substantive inconsistencies between a form and the rule where the form is incorporated by reference or which sets forth the requirements of the form, pursuant to RSA 541-A:19-b; or

8  Interim Rules.  Amend RSA 541-A:19, X to read as follows:

X.  No proposed interim rule shall be adopted unless the committee has voted to approve the proposed interim rule or conditionally approve the proposed interim rule, provided that the committee legal counsel has sent written confirmation to the agency pursuant to RSA 541-A:19, VIII(b).  An adopted interim rule, and any new or amended form, or screenshot, mock-up, or prototype of an electronic-only form, which the rule incorporates by reference or the requirements for which are set forth in the rule pursuant to RSA 541-A:19-b, shall be filed with the director of legislative services no later than 30 days following committee approval or conditional approval.  An interim rule shall be effective under RSA 541-A:16, III on the day after filing with the director of legislative services, or at a later date, provided the agency so specifies in a letter to the director of legislative services and the effective date is within 30 days following committee approval or conditional approval.  Interim rules shall be effective for a period not to exceed 180 days.  During the time an interim rule shall be in effect, the agency may propose a permanent rule to replace the interim rule once it expires, but it shall not adopt another interim rule to replace the expiring interim rule.

9  Adoption of Forms.  Amend RSA 541-A:19-b to read as follows:

541-A:19-b  Adoption of Forms.  An agency may adopt a form as defined in RSA 541-A:1, VII-a, either by incorporating the actual form by reference in a rule, or by setting forth the requirements of the form in rules, adopted according to the procedures in this chapter and in compliance with the drafting and procedure manual pursuant to RSA 541-A:8.  No new or amended form shall be effective and enforceable pursuant to RSA 541-A:22, I unless the form has been adopted in accordance with this chapter.

10  Revisions to Forms; Expedited Procedure.  Amend RSA 541-A:19-c to read as follows:

541-A:19-c  Revisions to Forms; Expedited Procedure.  

I.  An agency may make editorial changes to a previously adopted form without following the procedures required in RSA 541-A:19-b, in this section, or in RSA 541-A:3, but shall notify the office of legislative services of any proposed editorial changes in accordance with the drafting and procedure manual pursuant to RSA 541-A:8.

II.  An agency may revise [a form as defined in RSA 541-A:1, VII-a without meeting the requirements of RSA 541-A:5-7] substantively the requirements on a previously adopted form as defined in RSA 541-A:1, VII-a, and amend the relevant provisions in the rule which set forth the requirements of the form or incorporate the form by reference pursuant to RSA 541-A:19-b, without meeting the requirements of RSA 541-A:5, RSA 541-A:6, and RSA 541-A:9-14 [either in accordance with RSA 541-A:19-b or] by providing notice and adopting the amended form in accordance with paragraphs III through VII.

III.  Notice of an agency's intent to [adopt a form or amendment to a form] amend a form and amend the relevant, affected rule shall include:

(a)  The name and address of the agency.

(b)  The statutory authority for the form.

(c)  The rule number and title of the affected rule to be amended, and whether the action is an amendment or readoption with amendment of the rule as described in the drafting and procedure manual pursuant to RSA 541-A:8.

(d)  An explanation of the reason for the proposed [adoption or] amendment of a form and a summary of the existing, affected rule and the proposed amendment to the form and the rule.

[(d)] (e)  The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed form.

[(e)] (f)  The deadline for receipt by the agency of written or electronic public comment, which shall be no sooner than the 7th calendar day after the date of publication of the notice in the rulemaking register.

III-a.  The amended rule to be filed shall include only those relevant provisions of the rule, as described in the drafting and procedure manual, pursuant to paragraph II, and neither the amended form nor the amended rule shall have a fiscal impact which would otherwise require a fiscal impact statement pursuant to RSA 541-A:5.

IV.  The agency shall file a copy of the amended form, the amended rule including an appendix pursuant to RSA 541-A:3-a, and the notice required by paragraph III [shall be filed] with the director of legislative services, [for publication] who shall publish the notice in the rulemaking register.  [A copy of the form to be adopted shall be filed with the notice.]

V.  If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the form should not be [adopted] amended, the agency shall so notify the director of legislative services and the form shall not be [adopted] amended.

VI.  The proposed form as amended and 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 III(e).  The committee may approve or object to the form.  The committee may object to the adoption of the form as amended and the affected rule if the form is:

(a)  Beyond the authority of the agency;

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

(c)  Deemed not to be in the public interest, including the existence of substantive inconsistencies between the form and the rule where the form is incorporated by reference or which set forth the requirements of the form pursuant to RSA 541-A:19-b; or

(d)  Deemed by the committee not to meet the requirements of this section, including due to the existence of a fiscal impact.

VII.  Subsequent review and adoption of the form as amended and the affected rule shall be as provided in RSA 541-A:13 for final proposed rules.

11  Validity of Rules.  Amend RSA 541-A:22, I to read as follows:

I.  No agency rule, including a form, is valid or effective against any person or party, nor may it be enforced by the state for any purpose, until it has been filed as required in this chapter and has not expired.

12  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1407 at GenCourtMobile
HB1407 Discussion

Action Dates

Date Body Type
Jan. 22, 2020 House Hearing
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1407 Revision: 8282 Date: March 11, 2020, 2:55 p.m.
HB1407 Revision: 7049 Date: Dec. 3, 2019, 8:37 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Executive Departments and Administration HJ 1 P. 21
Jan. 22, 2020 Public Hearing: 01/22/2020 01:30 pm LOB 306
Feb. 13, 2020 Subcommittee Work Session: 02/13/2020 11:00 am LOB 306
Feb. 18, 2020 Subcommittee Work Session: 02/18/2020 02:30 pm LOB 306
March 3, 2020 Subcommittee Work Session: 03/03/2020 11:30 am LOB 104
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 306
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0765h for 03/11/2020 (Vote 18-1; CC) HC 10 P. 16
Committee Report: Ought to Pass with Amendment # 2020-0765h (Vote 18-1; CC)
March 11, 2020 Amendment # 2020-0765h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0765h: MA VV 03/11/2020