HB230: (New Title) establishing a committee to study how to improve the processes of the joint legislative committee on administrative rules and making certain revisions to RSA 541-A, the Administrative Procedure Act.

CHAPTER 180

HB 230 – FINAL VERSION

07Jan2004… 2534h

04/22/04 1209s

13May2004… 1550eba

2004 SESSION

03-0812

05/09

HOUSE BILL 230

AN ACT establishing a committee to study how to improve the processes of the joint legislative committee on administrative rules and making certain revisions to RSA 541-A, the Administrative Procedure Act.

SPONSORS: Rep. Patten, Carr 7

COMMITTEE: Legislative Administration

AMENDED ANALYSIS

The bill:

I. Establishes a committee to study how to improve the processes of the joint legislative committee on administrative rules.

II. Amends the conditional rules approval process.

III. Establishes an expedited repeal process for administrative rules.

IV. Authorizes the director of legislative services to waive rulemaking deadlines in certain cases.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Jan2004… 2534h

04/22/04 1209s

13May2004… 1550eba

03-0812

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT establishing a committee to study how to improve the processes of the joint legislative committee on administrative rules and making certain revisions to RSA 541-A, the Administrative Procedure Act.

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

180:1 Committee Established. There is established a committee to study how to improve the processes of the joint legislative committee on administrative rules.

180:2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Five members of the house of representatives, 2 of whom shall serve as alternates, appointed by the speaker of the house of representatives, including at least one member of the legislative administration committee, one member of the executive departments and administration committee, and one member of the joint legislative committee on administrative rules.

(b) Five members of the senate, 2 of whom shall serve as alternates, 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.

180:3 Duties. The committee shall solicit input on and consider:

I. The development of a process to record a clear statement of legislative intent on every bill sent out of a house or senate committee with a favorable report; such process may involve requiring a purpose clause to be included in every bill in the form of either chapter law or statute, requiring a statement of intent to be included in every bill file, requiring a statement of intent to be included in each house committee report, or requiring all house hearings and executive sessions to be recorded.

II. The development of a formal process for ensuring that the joint legislative committee on administrative rules receives input from the appropriate policy committees on proposed rules; such process may involve the establishment of a rules review subcommittee within each policy committee of the house and senate and/or participation by a policy committee member prior to the agency public comment period.

III. Adopting methods to provide for an expedited rulemaking process to adopt rule changes with minimal impact, including the adoption or revision of forms used by agencies.

IV. Expanding the membership of the joint legislative committee on administrative rules and establishing subcommittees of the committee.

V. Developing an RSA 541-A training program for members newly appointed to the joint legislative committee on administrative rules and an educational program on rules for all house members.

VI. Methods for ensuring uniformity in granting rulemaking authority and avoiding overbroad rulemaking authority provisions. Such methods may involve the development of guidelines for policy committees or bill drafters to follow.

VII. Revising RSA 541-A relative to fiscal impact statement requirements.

VIII. The processes for rulemaking employed by the agencies that are exempt from the provisions of RSA 541-A, and the effectiveness of this approach towards rulemaking.

IX. Revisions to the drafting and procedure manual.

X. Revising RSA 541-A to permit the electronic filing of documents at various stages of the rulemaking process.

XI. Such other related issues as the committee deems appropriate.

180:4 Sources of Information. The committee may solicit information and testimony from the rules staff of the office of legislative services, the rulemaking administrators at the department of administrative services, agency rulemaking coordinators, and any other source that the committee deems appropriate.

180:5 Chairperson; Quorum. The members of the study 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.

180:6 Report. The committee shall report its findings, any recommendations for proposed legislation, and any specific recommendations for implementing procedures designed to improve rulemaking that do not require statutory changes. Such report shall be submitted to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2004.

180:7 Administrative Procedure Act; Amending Conditional Approval Process. Amend RSA 541-A:13, V(a) to read as follows:

(a) If the committee objects to the final proposal as filed or as amended pursuant to paragraph II, it shall so inform the agency. In lieu of a preliminary objection, the committee may vote to conditionally approve the rule with an amendment, provided that the committee specifies in its conditional approval the language of the amendment to address the basis for a preliminary objection. The committee shall notify the agency in writing of its conditional approval. Within [14] 30 days of the meeting, or in the case of a board or commission, 7 days following its next regularly scheduled meeting, the agency shall submit a written explanation to the committee in the form of a letter and an annotated text of the final proposed rule detailing how the rule has been amended in accordance with the conditional approval. The written explanation shall be signed by the individual holding rulemaking authority, or, if a body of individuals holds rulemaking authority, by a voting member of that body, provided that a quorum of the body has approved. Failure to submit a written explanation in accordance with the conditional approval and this paragraph shall cause the conditional approval to be deemed a committee vote to make a preliminary objection on the date of the conditional approval. If the office of legislative services determines that the agency has amended the rule in accordance with the conditional approval and this paragraph, the office of legislative services shall promptly send written confirmation of compliance to the agency. The agency may then adopt the rule as amended.

180:8 New Section; Administrative Procedure Act; Expedited Repeal of Rules. Amend RSA 541-A by inserting after section 19 the following new section:

541-A:19-a Expedited Repeal of Rules.

I. An agency may repeal any rules using the expedited procedures of this section and without meeting the requirements of RSA 541-A:5-7 and RSA 541-A:9-14 if:

(a) The proposed repeal has been approved by the official or the group of individuals with rulemaking authority.

(b) The rule proposed for repeal encompasses at least a full rules section, as described in the drafting and procedure manual for administrative rules pursuant to RSA 541-A:8.

(c) The repeal is not being proposed for purposes of being superseded later by adoption of a new rule with a text amended from the repealed rule.

(d) The repeal of the rule pursuant to this section does not deprive a person of any right, duty, or privilege of that person which is protected by the due process provisions of the state or federal constitutions.

II. Notice of an agency’s intent to repeal a rule shall include:

(a) The name and address of the agency.

(b) The statutory rulemaking authority for the rule.

(c) The rule number and title.

(d) An explanation of the reason for the proposed repeal.

(e) The name, address, electronic address, and telephone number of an individual in the agency able to answer questions about the proposed repeal and to arrange for reasonable accommodation for persons with disabilities wishing to attend the public comment hearing.

(f) The date, time, and location of the public comment hearing.

III. The notice required by paragraph II shall be:

(a) Published in the rulemaking register and in a newspaper of daily statewide circulation.

(b) Filed with the director of legislative services no later than 7 calendar days before the date of publication in the rulemaking register.

(c) Published in a newspaper of daily statewide circulation no later than the date of publication in the rulemaking register.

IV. At the same time that the notice required by RSA 541-A:19-a, III is filed, the agency shall file the text of the rule to be repealed with the director of legislative services.

V. There shall be a public comment hearing on the proposed repeal no sooner than 7 calendar days after the date of publication of the notice in the rulemaking register. There shall be a period for the submission to the agency of written or electronic public comment ending on the 3rd calendar day after the date of the public comment hearing. Copies of the text of the rules subject to repeal shall be available at the public comment hearing.

VI. If on the basis of public comment the official or the group of individuals with rulemaking authority determines that the rule should not be repealed, the agency shall so notify the director of legislative services and the rule shall not be repealed.

VII. The proposed repeal shall be placed on the agenda of the committee for review at the first regularly scheduled or special meeting at least 5 calendar days after the close of the period for written or electronic comment described in paragraph V. The committee may approve or object to the repeal. The committee may object to the repeal if the repeal is:

(a) Beyond the authority of the agency;

(b) Contrary to the intent of the legislature; or

(c) Deemed by the committee not to meet the requirements of paragraph I.

VIII. If the committee objects to the repeal, the repeal shall not be adopted. The committee’s objection shall not preclude the agency from repealing the rule by meeting the requirements of RSA 541-A:3.

IX. If the committee approves the repeal, the agency may adopt the repeal and file a statement of the repeal with the director of legislative services. The repeal shall be effective as of 12:01 a.m. on the day after filing of the statement or as of 12:01 a.m. on the date specified by the agency, or such other date and time as specified, provided that the filing occurs before such effective date and time.

180:9 New Paragraph; Administrative Procedure Act; Waiver by Director of Legislative Services. Amend RSA 541-A:40 by inserting after paragraph III the following new paragraph:

IV. Notwithstanding any other provision of this chapter, the director of legislative services, after consultation with the chair and vice-chair of the joint legislative committee on administrative rules, may, for good cause shown, waive any deadline contained in any provision of this chapter.

180:10 Effective Date. This act shall take effect upon its passage.

(Approved: June 1, 2004)

(Effective Date: June 1, 2004)