Revision: May 31, 2023, 11:16 a.m.
Senate Executive Departments and Administration
May 31, 2023
2023-2072s
05/10
Amendment to HB 358
Amend the bill by replacing RSA 541-A:15, I as inserted by section 7 of the bill with the following:
I. The director of legislative services shall compile, index, and publish[, or require agencies to publish,] all effective rules adopted by each agency. The text of an adopted rule as filed with the director and which is effective shall then be the official version of the rule[,]. The director shall publish the adopted rule text online in a format as determined by the director. The agency shall be notified when the text is published. The agency shall then have 120 days to certify that the published rule is accurate. If [unless or until a version prepared for publication, which may have] editorial changes not affecting the substance of the rule[, is certified by the agency as the same in substance as originally filed.] are needed, or an error in the publishing process is identified, then the agency shall notify the director, and such changes shall be made by the director and certified by the agency that it is the same in substance as originally filed. If the agency does not notify the director within the 120-day deadline, then it will be presumed that the agency has reviewed the published language and agreed that it is the certified version and shall be published online by the director in a format as determined by the director. The certified version shall then be the official version. Both the adopted rule as-filed and as-certified may be an electronic document and still be the official version if in compliance with RSA 541-A:1, V-a and VI and the drafting and procedure manual for administrative rules under RSA 541-A:8. The official version of the rule shall be available to the public by the agency and the director pursuant to RSA 541-A:14, IV as described in the drafting and procedure manual under RSA 541-A:8.
Amend the bill by replacing section 8 with the following:
8 Rules; Filing Required. 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 later 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 year following its becoming effective, unless sooner amended, readopted, or repealed.
Amend RSA 541-A:19-c,VI(c) as inserted by section 14 of the bill by replacing it with the following:
(c) Deemed not to be in the public interest, including the existence of substantive inconsistencies between the form and the rule whose provisions incorporate the form by reference or set forth the requirements of the form pursuant to RSA 541-A:19-b; or
Amend the bill by inserting after section 17 the following and renumbering the original section 18 to read as 19:
18 Transition; Application. The provisions of this act shall govern the following on or after the effective date of this act:
I. All rulemaking initiated by filing a notice of rulemaking under RSA 541-A:6.
II. All interim rules initiated by filing a proposed interim rule under RSA 541-A:19, II.
III. All expedited revisions to forms initiated by filing a notice of rulemaking under RSA 541-A:19-c, III.
IV. All notices submitted to the director of legislative services for publication in the rulemaking register.