HB 1397 – AS INTRODUCED
2006 SESSION
06-2602
05/04
HOUSE BILL 1397
AN ACT prohibiting an agency from adopting rules over the objection of the joint legislative committee on administrative rules.
SPONSORS: Rep. Kennedy, Merr 4
COMMITTEE: Executive Departments and Administration
This bill prohibits an agency from adopting rules over the objection 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2602
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT prohibiting an agency from adopting rules over the objection of the joint legislative committee on administrative rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rulemaking; Final Objection Procedure; Adoption Over Committee Objection Prohibited.. RSA 541-A:13, VI is repealed and reenacted to read as follows:
VI. Notwithstanding any other provision of law, no agency may adopt a rule to which the committee has filed a final objection under subparagraph V(f).
2 Final Adoption; Reference to Joint Resolution and Final Legislative Action Deleted. Amend RSA 541-A:14, I to read as follows:
I. An agency may adopt a properly filed final proposed rule after:
(a) The passage of 45 days from filing of a final proposal under RSA 541-A:12, I, or 60 days from filing under RSA 541-A:12, I-a, without receiving notice of objection from the committee;
(b) Receiving approval from the committee;
(c) Written confirmation is sent to the agency by committee legal counsel relative to agency compliance with the committee's conditional approval pursuant to RSA 541-A:13, V(a); or
(d) Passage of the 50-day period for committee review of the preliminary objection response, or revised objection response[, if applicable, provided that the committee has not voted to sponsor a joint resolution pursuant to RSA 541-A:13, VII; or
(e) Final legislative action, as defined in RSA 541-A:1, VI-a, is taken on the joint resolution sponsored pursuant to RSA 541-A:13, VII(b) or the passage of the 90 consecutive calendar days specified by RSA 541-A:13, VII(c), whichever occurs first].
3 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 The following are repealed: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 alternative final objection procedure.
4 Effective Date. This act shall take effect 60 days after its passage.