2001 SESSION

01-0288

10/09

HOUSE BILL 688

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill provides for review by the house and senate committees with jurisdiction over the subject matter of a rule where an adopted rule was subject to a final 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0288

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Rulemaking; Final Objection Procedure; Legislative Standing Committee Review. Amend RSA 541-A:13, VII to read as follows:

VII.(a) The provisions of this paragraph [may] shall be used [by the committee as an alternative to or] in addition to the final objection procedure employed by the committee in paragraph V.

(b) If an agency responds to a preliminary or revised objection but the basis for objection has not been removed or the response creates a new basis for objection, the committee [may, within 45 days from the date on which the objection response was due and by majority vote of the entire committee,] shall give prompt notice to the speaker of the house and the senate president who shall assign the matter to the respective house and senate standing committees with jurisdiction over the subject matter of the rule. Either standing committee may recommend legislative action through sponsorship of a joint resolution to implement [its recommendation] legislative intent. [Such] A majority vote of either the house or senate standing committee shall prevent the rule from being adopted and filed by the agency for the period of time specified in subparagraph VII(c).

(c) If the standing committee votes to sponsor a joint resolution pursuant to subparagraph VII(b), the agency shall be prevented from adopting and filing such rule until final legislative action is taken on the resolution [or the passage of 90 consecutive calendar days during which the general court shall have been in session, whichever occurs first. The 90 calendar day period shall commence on the date such joint resolution has been introduced. If the session of the general court adjourns prior to the sixtieth calendar day after such joint resolution has been introduced, then the agency shall be prevented from adopting and filing such rule until 90 calendar days, beginning with the next session of the general court, have passed].

(d) The provisions of this paragraph shall apply to only the portion of the agency's rule identified in the joint resolution. The provisions of this paragraph shall not prevent an agency from adopting and filing the remainder of the rules in the final proposal under RSA 541-A while the house or senate standing committee pursues legislative action under this paragraph, nor shall it prevent the committee from also voting to enter a final objection pursuant to paragraph V.

(e) Nothing in this section shall prevent the general court from introducing legislation which addresses any matter included in a joint resolution introduced under the provisions of this section.

2 Adoption of Rules. Amend RSA 541-A:14, I(e) to read as follows:

(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. RSA 541-A:1, VI-a, relative to the definition of final legislative action, is repealed.

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