CHAPTER 89

HB 43 – FINAL VERSION

2011 SESSION

11-0150

05/10

HOUSE BILL 43

AN ACT relative to the adoption of forms under the administrative procedures act.

SPONSORS: Rep. Pilotte, Hills 16; Rep. Sad, Ches 2; Rep. Millham, Belk 5; Rep. B. Patten, Carr 4

COMMITTEE: Legislative Administration

ANALYSIS

This bill removes the provisions of the administrative procedures act which made forms adopted by agencies to be non-expiring.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0150

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the adoption of forms under the administrative procedures act.

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

89:1 Administrative Procedures Act; Time Limit; Forms. Amend RSA 541-A:17, II to read as follows:

II. Notwithstanding the provisions of paragraph I, any organizational and procedural rules proposed and adopted pursuant to RSA 541-A:16, I and as identified in the drafting and procedure manual[, and any forms adopted pursuant to RSA 541-A:19-b or RSA 541-A:19-c] shall not expire, provided that they have been approved by the committee. No changes to such organizational and procedural rules [or forms] may be made by the agency, other than editorial changes not affecting the substance of the procedural rules [or forms], without following the rulemaking procedures in this chapter. However, if the adoption or amendment of a statute governing the agency renders the agency's organizational and procedural rules [or forms] no longer accurate, such rules [or forms] shall expire one year after the effective date of the statute that makes such change, unless such organizational and procedural rules [or forms] are amended, superseded, or repealed before such expiration. The agency shall commence rulemaking to amend its rules no later than 90 days after the effective date of such statute. If the agency reorganizes its organization and responsibilities in such a way that the agency's rules under RSA 541-A:16, I(a) describing its organization are no longer accurate, the agency shall amend its rules as soon as is practicable, but shall commence rulemaking not later than 90 days after such changes occur.

89:2 Administrative Procedure Act; 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 by incorporating the actual form by reference or by setting forth the requirements of the form in rules adopted according to the procedures in this chapter. [Such forms shall be non-expiring unless required to be revised by statutory change as specified in RSA 541-A:17, II.]

89:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 27, 2011

Effective Date: July 26, 2011