CHAPTER 110

HB 371 - FINAL VERSION

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2001 SESSION

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HOUSE BILL 371

AN ACT relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant and relative to certain time periods for review by the joint legislative committee on administrative rules.

SPONSORS: Rep. Dyer, Hills 8

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill requires the legislative budget assistant to prepare an amended fiscal impact statement for proposed administrative rules only when a change to a proposed rule is made following a hearing that changes the original fiscal impact statement.

The bill also extends the time period in which the joint legislative committee on administrative rules may review an agency's objection response to proposed administrative rules and vote to sponsor a joint resolution to implement the committee's recommendation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to fiscal impact statements for proposed administrative rules prepared by the legislative budget assistant and relative to certain time periods for review by the joint legislative committee on administrative rules.

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

110:1 Administrative Procedures Act; Fiscal Impact Statements. Amend RSA 541-A:5, VI to read as follows:

VI. Agencies shall also obtain an amended fiscal impact statement from the legislative budget assistant [stating either that the rule did not change] only if as a result of notice and hearing [or, if it did change, explaining how this] a change has been made which affects the original fiscal impact statement. Agencies shall file the amended fiscal impact statement as part of the final proposal pursuant to RSA 541-A:12, II.

110:2 Amended Fiscal Impact Statements. Amend RSA 541-A:12, II(d) to read as follows:

(d) If required pursuant to RSA 541-A:5, VI, an amended fiscal impact statement from the legislative budget assistant stating [either] that [the rule did not change] as a result of notice and hearing [or, if it] the rule did change[,] and explaining how this change affects the original fiscal impact statement.

110:3 Administrative Procedure Act; Review by the Joint Legislative Committee on Administrative Rules; Deadline for Sponsorship of Joint Resolution Extended. Amend RSA 541-A:13, VII(b) to read as follows:

(b) If an agency responds to a preliminary or revised objection but the basis for objection has not been removed or the response creates a new basis for objection, the committee may, within [45] 50 days from the date on which the objection response was due and by majority vote of the entire committee, recommend legislative action through sponsorship of a joint resolution to implement its recommendation. Such vote shall prevent the rule from being adopted and filed by the agency for the period of time specified in subparagraph VII(c).

110:4 Administrative Procedure Act; Final Adoption; Time Period for Committee Review of Preliminary Objection Response Extended. Amend RSA 541-A:14, I(d) to read as follows:

(d) Passage of the [45-day] 50-day period for committee review of the preliminary objection response, or revised objection response, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to RSA 541-A:13, VII; or

110:5 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 26, 2001)

(Effective Date: August 25, 2001)