HB 274 - AS AMENDED BY THE HOUSE
3Jan2024... 2293h
2023 SESSION
23-0138
05/10
HOUSE BILL 274
AN ACT relative to the administrative rulemaking process.
SPONSORS: Rep. Sanborn, Hills. 2; Rep. Packard, Rock. 16; Rep. Steven Smith, Sull. 3; Rep. Shurtleff, Merr. 15; Rep. C. McGuire, Merr. 27; Rep. Goley, Hills. 21; Rep. Merchant, Sull. 6; Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill directs agencies to notify legislative policy committees and known stakeholders of proposed rulemaking under RSA 541-A. The bill also directs the agency to pay attorneys fees in cases in which the agency adopted rules after final objection by the joint legislative committee on administrative rules and a finding by the court that the rule is invalid.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2024... 2293h 23-0138
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the administrative rulemaking process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Procedure Act; Notice of Rulemaking Proceedings. Amend RSA 541-A:6, III to read as follows:
III. The agency shall send notice to the director of legislative services, to all persons regulated by the proposed rules who hold occupational licenses issued by the agency, to known stakeholders, and to all persons who have made timely request for advance notice of rulemaking proceedings. Upon request, or if the rule is required by new legislation, the agency shall send notice to the president of the senate, to the speaker of the house of representatives, and to the chairpersons of the legislative committees having jurisdiction over the subject matter. Notice shall be made not less than 20 days before the first agency public hearing required by RSA 541-A:11, I. Notice to occupational licensees shall be by U.S. Mail, electronically, agency bulletin or newsletter, public notice advertisement in a publication of daily statewide circulation, or in such other manner that is reasonably calculated to inform such licensees of the proposed rulemaking. The committee may identify additional methods of notifying occupational licensees that are deemed sufficient.
2 Administrative Procedure Act; Public Hearing and Comment. Amend RSA 541-A:11, VIII to read as follows:
VIII. In addition to seeking information by other methods, an agency, before publication of a notice of proposed rulemaking under RSA 541-A:6, may solicit comments from the public, and from the legislative policy committees, on a subject matter of possible rulemaking under active consideration within the agency by causing notice to be published in the rulemaking register of the subject matter and indicating where, when, and how persons may provide comment on the rules under consideration.
3 Administrative Procedure Act; Review by the Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:13, VI to read as follows:
VI. After a final objection by the committee to a provision in the rule is filed with the director under subparagraph V(f), the burden of proof shall be on the agency in any action for judicial review or for enforcement of the provision to establish that the part objected to is within the authority delegated to the agency, is consistent with the intent of the legislature, is in the public interest, or does not have a substantial economic impact not recognized in the fiscal impact statement If the agency fails to meet its burden of proof, the court shall declare the whole or a portion of the rule objected to invalid, and shall order the agency to pay the plaintiff's legal expenses. The failure of the committee to object to a rule shall not be an implied legislative authorization of its substantive or procedural lawfulness.
4 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Nov. 13, 2023 | 2023-2293h |
| Date | Body | Type |
|---|---|---|
| Feb. 1, 2023 | House | Hearing |
| March 8, 2023 | House | Exec Session |
| Feb. 1, 2023 | House | Hearing |
| March 8, 2023 | House | Exec Session |
| Nov. 8, 2023 | House | Exec Session |
| Nov. 6, 2023 | House | Hearing |
| Nov. 8, 2023 | House | Exec Session |
| Nov. 9, 2023 | House | Floor Vote |
| March 6, 2024 | Senate | Hearing |
Feb. 21, 2024: Hearing: 03/06/2024, Room 103, SH, 09:00 am; SC 9
Feb. 16, 2024: Introduced 02/15/2024 and Referred to Executive Departments and Administration; SJ 5
Jan. 3, 2024: Ought to Pass with Amendment 2023-2293h: MA VV 01/03/2024 HJ 1 P. 52
Jan. 3, 2024: Amendment # 2023-2293h: AA VV 01/03/2024 HJ 1 P. 53
Nov. 13, 2023: Committee Report: Ought to Pass with Amendment # 2023-2293h 11/09/2023 (Vote 19-0; CC) HC 49 P. 12
Sept. 18, 2023: Executive Session: 11/08/2023 10:00 am LOB 306-308 HC 43
Sept. 18, 2023: Executive Session: 11/08/2023 10:00 am LOB 306-308
Oct. 24, 2023: Public Hearing on Amendment # 2023-2293h: 11/06/2023 10:30 am LOB 306-308 HC 43
June 8, 2023: Full Committee Work Session: 06/27/2023 10:00 am LOB 302-304
March 13, 2023: Retained in Committee
Feb. 21, 2023: Executive Session: 03/08/2023 01:30 pm LOB 306-308
March 13, 2023: Retained in Committee
Feb. 15, 2023: Rules Subcommittee Work Session: 02/21/2023 10:00 am LOB 104
Feb. 21, 2023: Executive Session: 03/08/2023 01:30 pm LOB 306-308
Feb. 15, 2023: Rules Subcommittee Work Session: 02/21/2023 10:00 am LOB 104
Jan. 25, 2023: Public Hearing: 02/01/2023 01:00 pm LOB 306-308
April 18, 2023: Introduced (in recess of) 01/05/2023 and referred to Executive Departments and Administration HJ 3 P. 9
Jan. 25, 2023: Public Hearing: 02/01/2023 01:00 pm LOB 306-308
Jan. 9, 2023: Introduced (in recess of) 01/05/2023 and referred to Executive Departments and Administration