HB 1347-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1347-FN
AN ACT relative to review of administrative rules by the legislature prior to adoption.
SPONSORS: Rep. K. Herman, Hills 13
COMMITTEE: Executive Departments and Administration
This bill establishes a procedure for the legislature to approve or reject administrative rules after their review by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2509
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to review of administrative rules by the legislature prior to adoption.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Review; Final Adoption. RSA 541-A:14, I and II are repealed and reenacted to read as follows:
I. An agency may adopt a properly filed final proposed rule only after the following:
(a) The director shall provide copies of the final proposed rule after review under RSA 541-A:13, except that any specific change may be made by the agency in direct response to the committee's written objection, to the chairs of the appropriate house and senate policy committees as determined by the speaker of the house and senate president, respectively.
(b) Each policy committee shall review the final proposed rule and shall report to the house or senate, respectively, its recommendation as to approval or rejection of the final proposed rule. The final proposed rule may not be amended by the legislature.
(c) No final proposed rule may be adopted by an agency until a vote by both bodies of the legislature approving the rule. A vote rejecting the final proposed rule by either body shall preclude the agency from adopting the rule.
II. The text of the adopted rule shall be the same as the text submitted to the legislature. The director of legislative services may refuse to accept for legislative action under paragraph I any final rule which contains changes, other than minor editorial changes, that are not specifically authorized in the committee's written objection. The agency shall identify each minor editorial change in writing to the director of legislative services.
2 Repeal. The following are repealed:
I. RSA 541-A:1, VI-a, relative to the definition of final legislative action.
II. RSA 541-A:13, VII, relative to the procedure for legislative action on final proposed rules.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
00-2509
11/24/99
HB 1347-FN - FISCAL NOTE
AN ACT relative to review of administrative rules by the legislature prior to adoption.
FISCAL IMPACT:
The Office of Legislative Services (OLS) and the Department of Administrative Services indicate this bill will increase state expenditures by an indeterminable amount in FY 2001 and each year thereafter. There is no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
OLS could not determine the entire fiscal impact of this bill but did identify increases in state expenditures for copying and staffing expense that would occur. OLS stated that to provide the 424 legislators with final copies of the proposed rules would cost $10,093 to copy approximately 1.3 million extra pages of documents (based on 1998, 202 rules filed, 3,035 pages). Additional staff for implementing this bill include one staff support person at legislative labor grade 4, and one licensed attorney at legislative labor grade 8. The cost of the additional staff, including benefits, would be $76,578 in the first year and increase to $90,775 by the fifth year. OLS also indicated other costs would increase for travel reimbursement, printing costs for longer House and Senate calendars, etc, but the amount could not be determined.