HB 159 – AS INTRODUCED

2011 SESSION

11-0270

10/03

HOUSE BILL 159

AN ACT relative to review of proposed administrative rules by legislative committees.

SPONSORS: Rep. Renzullo, Hills 27; Rep. Kappler, Rock 2

COMMITTEE: Legislative Administration

ANALYSIS

This bill requires agencies proposing rules to send the rule to the appropriate house and senate standing policy committees for their review and recommendation to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0270

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to review of proposed administrative rules by legislative committees.

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

1 Administrative Procedures Act; Proposed Rule; Policy Committee Review. Amend RSA 541-A:10 to read as follows:

541-A:10 Filing of Proposed Rule Text. At the same time the notice required by RSA 541-A:6, I is filed, the agency shall file the text of the proposed rule with the director of legislative services, and shall send the proposed rule to the appropriate house and senate standing policy committees for review by such policy committees. The appropriate committees shall include any standing committee which held a hearing on legislation which enacted authority for the rule. The standing policy committees shall review the proposed rules and may meet at a properly convened executive session to submit recommendations or comments relative to the compliance of the proposed rule with the intent of the legislature in the authorizing legislation. The standing policy committee may recommend preliminary objection by the committee if the proposed rule is filed as the agency’s final proposal. The text as filed by the agency shall not be changed or established as the text of the final proposal until after the conclusion of the public comment period established pursuant to RSA 541-A:11.

2 Administrative Rulemaking; Review by Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:13, II(a) to read as follows:

II.(a) If an agency has filed a final proposal and the committee has granted the agency’s request, pursuant to RSA 541-A:12, I-a, the director of legislative services shall notify the agency of any potential bases for committee objection identified by the office of legislative services or the standing policy committee by forwarding a copy of the final proposal with the counsel’s comments noted thereon at least 14 days prior to the committee meeting at which the proposal will be considered.

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