HB 635-FN-A-LOCAL - AS INTRODUCED
2003 SESSION
10/01
HOUSE BILL 635-FN-A-LOCAL
AN ACT creating a legislative committee to review rules and propose legislation for the repeal of RSA 541-A, and instituting a moratorium on the filing of rules by state agencies.
COMMITTEE: Executive Departments and Administration
This bill establishes a legislative committee to review rules which must be codified as a result of the repeal of RSA 541-A, and to determine the effective date for the repeal. The bill also institutes a moratorium on rulemaking by agencies under RSA 541-A.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0435
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT creating a legislative committee to review rules and propose legislation for the repeal of RSA 541-A, and instituting a moratorium on the filing of rules by state agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent.
I. The general court finds that the self executing language enumerated in Article 2, Part II of the New Hampshire Constitution granting "supreme legislative power" has been overlooked by previous legislatures. The general court also finds that its delegation of such power has resulted in the proliferation of rules and regulations that create a significant and unnecessary burden on the people and businesses of New Hampshire. Rules issued under the delegated rulemaking authority in many cases conflict with Article 5, Part II of the New Hampshire Constitution which states that such power "be not repugnant or contrary to this constitution."
II. While the general court recognizes that responsible rules are an important component of sustaining New Hampshire's natural resources and other historic and cultural assets, the economic impact of such rulemaking authority on the people and businesses of New Hampshire has become a disincentive for businesses to locate in this state. Additionally, the enforcement of certain rules by some agencies has caused significant hardship for an increasing number of New Hampshire residents, families, and businesses.
2 Moratorium on Rulemaking. Notwithstanding any provision of law, no agency shall file a notice of rulemaking and proposed rule under RSA 541-A:6 and 10 on or after the effective date of this section.
3 Committee Established. There is established a committee to identify what rules presently adopted and administered through RSA 541-A will need to be codified as a result of the repeal of the chapter.
4 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house.
(b) Three members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
5 Duties. The committee shall conduct a thorough review of all references within the RSAs to administrative rulemaking, identifying those areas where rules shall need to be codified as a result of the repeal of RSA 541-A, the administrative procedures act. The committee shall also identify those RSA sections requiring amendment upon repeal of RSA 541-A. The committee in its final report shall identify the date that appropriate legislation under this act is adopted. Such date shall be the effective date for the repeal of RSA 541-A.
6 Chairperson; Quorum. The members of the committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library each year on November 1 until RSA 541-A is repealed.
8 Repeal. RSA 541-A, relative to administrative rulemaking and the administrative procedures act, is repealed.
9 Effective Date.
I. Section 8 of this act shall take effect on the date determined by the committee established in this act as certified to the secretary of state and the director of legislative services.
II. The remainder of this act shall take effect upon its passage.
LBAO
03-0435
1/27/03
HB 635-FN-A-LOCAL - FISCAL NOTE
AN ACT creating a legislative committee to review rules and propose legislation for the repeal of RSA 541-A, and instituting a moratorium on the filing of rules by state agencies.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.