1 New Section; Joint Legislative Committee on Administrative Rules; Rulemaking Limited to Statutory Authority. Amend RSA 541-A by inserting after section 3-b the following new section:

541-A:3-c Limitation to Current Statutes.

I. All proposed or existing administrative rules reviewed by the joint legislative committee on administrative rules (JLCAR) shall be based upon and directly supported by current statutory law contained in the Revised Statutes Annotated (RSA).

II. No rule shall be adopted, readopted, or amended unless the agency can demonstrate in writing the specific statutory section authorizing the rule.

2 New Sections; Biannual Audit of Existing Rules. Amend RSA 541-A by inserting after section 22 the following new sections:

541-A:22-a Biannual Audit of Rules for Constitutionality and Statutory Authority.

I. The office of legislative services, under supervision of the joint legislative committee on administrative rules (JLCAR), shall conduct a biannual audit of all administrative rules currently in effect to ensure that:

(a) Each rule is supported by a current statutory provision in the Revised Statutes Annotated (RSA); and

(b) Each rule complies with the New Hampshire constitution, the United States Constitution, and applicable state and federal law.

II. The results of each audit shall be reported to JLCAR and made publicly available on the general court website.

541-A:22-b Ongoing Removal of Noncompliant Rules.

I. Any rule identified through the audit described in RSA 541-A:22-a, or through any other lawful review, as not based upon a current RSA or found to be unconstitutional shall be flagged for repeal.

II. Upon receiving notice from joint legislative committee on administrative rules (JLCAR) that a rule has been flagged for repeal or amendment, the issuing agency shall:

(a) Immediately begin the repeal or amendment process and complete it within 90 days unless a shorter time frame is ordered; and

(b) Submit a written justification within 30 days explaining the statutory authority for the rule and why it should not be repealed or amended.

III. JLCAR shall ensure that all flagged rules and the agencies' written justifications or failure to justify are posted on the general court website for public inspection no later than 10 days after receipt.

IV. If the agency fails to act within the time frame specified in paragraph II or fails to submit the written justification, JLCAR shall:

(a) Refer the matter to the attorney general for enforcement;

(b) Notify the governor and council and the presiding officers of the house and senate; and

(c) Recommend to the house finance committee and the senate finance committee that funds appropriated to the agency for the administration of the noncompliant rule be suspended until compliance is achieved.

V. Nothing in this section shall limit JLCAR's authority to act on noncompliant rules at any time, independent of the biannual audit schedule.

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

1 New Section; Joint Legislative Committee on Administrative Rules; Rulemaking Limited to Statutory Authority. Amend RSA 541-A by inserting after section 3-b the following new section:

541-A:3-c Limitation to Current Statutes.

I. All proposed or existing administrative rules reviewed by the joint legislative committee on administrative rules (JLCAR) shall be based upon and directly supported by current statutory law contained in the Revised Statutes Annotated (RSA).

II. No rule shall be adopted, readopted, or amended unless the agency can demonstrate in writing the specific statutory section authorizing the rule.

2 New Sections; Biannual Audit of Existing Rules. Amend RSA 541-A by inserting after section 22 the following new sections:

541-A:22-a Biannual Audit of Rules for Constitutionality and Statutory Authority.

I. The office of legislative services, under supervision of the joint legislative committee on administrative rules (JLCAR), shall conduct a biannual audit of all administrative rules currently in effect to ensure that:

(a) Each rule is supported by a current statutory provision in the Revised Statutes Annotated (RSA); and

(b) Each rule complies with the New Hampshire constitution, the United States Constitution, and applicable state and federal law.

II. The results of each audit shall be reported to JLCAR and made publicly available on the general court website.

541-A:22-b Ongoing Removal of Noncompliant Rules.

I. Any rule identified through the audit described in RSA 541-A:22-a, or through any other lawful review, as not based upon a current RSA or found to be unconstitutional shall be flagged for repeal.

II. Upon receiving notice from joint legislative committee on administrative rules (JLCAR) that a rule has been flagged for repeal or amendment, the issuing agency shall:

(a) Immediately begin the repeal or amendment process and complete it within 90 days unless a shorter time frame is ordered; and

(b) Submit a written justification within 30 days explaining the statutory authority for the rule and why it should not be repealed or amended.

III. JLCAR shall ensure that all flagged rules and the agencies' written justifications or failure to justify are posted on the general court website for public inspection no later than 10 days after receipt.

IV. If the agency fails to act within the time frame specified in paragraph II or fails to submit the written justification, JLCAR shall:

(a) Refer the matter to the attorney general for enforcement;

(b) Notify the governor and council and the presiding officers of the house and senate; and

(c) Recommend to the house finance committee and the senate finance committee that funds appropriated to the agency for the administration of the noncompliant rule be suspended until compliance is achieved.

V. Nothing in this section shall limit JLCAR's authority to act on noncompliant rules at any time, independent of the biannual audit schedule.

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