2003 SESSION

03-0851

10/01

HOUSE JOINT RESOLUTION 2

ANALYSIS

This house joint resolution requires the speaker of the house and the senate president to assign each state agency, department, board, or commission to a standing policy committee of the house and senate for oversight by the committee.

03-0851

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Whereas, it is the basic responsibility of the general court of the state of New Hampshire to be constantly attentive to the efficiency and smooth operation of all state departments, agencies, boards, and commissions created by it or funded with revenue from the general fund; and

Whereas, the oversight responsibility for these executive departments, agencies, boards, and commissions has become uncertain since the repeal of the "Sunset Law" (former RSA 17-G) in 1987; and

Whereas, clear and specific assignment of oversight responsibility will greatly improve the review of administrative rules by joint legislative committee on administrative rules, promulgated under RSA 541-A; and

Whereas, the review of all proposed administrative rules should be a basic responsibility of the general court's policy committees to ensure that the administrative rules, which have the full force of law, are consistent with the statutory authority passed by the general court; and

Whereas, it is extremely difficult for the joint legislative committee on administrative rules to function without the input of the policy committee review of proposed administrative rules; and

Whereas, departments, agencies, boards, and commissions frequently attempt to draft rules to fulfill their own needs and perspectives on a specific issue; and

Whereas, the general court has no direct veto power over proposed administrative rules and can only exercise its influence over administrative rules through joint legislative committee on administrative rules review or by the passage of a joint resolution; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That all New Hampshire departments, agencies, board, or commissions created by statute or receiving general fund moneys be assigned to a standing policy committee of the house and senate for oversight responsibility; and

That oversight responsibility shall consist of being knowledgeable about and familiar with each state department, agency, board, and commission, including but not limited to the organization of each entity, how it is staffed and funded, and what its general responsibilities are, according to statute; and

That on or before June 1, 2004 the speaker of the house and the president of the senate shall assign oversight responsibility to specific standing policy committees of the house and the senate; and

That these assigned oversight responsibilities shall rest with the chairperson of each committee and remain with that committee so long as the relevant subject matter is consistent with the committee's responsibilities, as described in house and senate rules; and

That new oversight responsibility shall immediately be assigned to said standing policy committees upon the creation of new departments, agencies, boards, and commissions, and whenever the drafting of new administrative rules may be authorized pursuant to RSA 541-A.