HB239: prohibiting a state agency from establishing a fee without legislative approval.

HB 239 – AS INTRODUCED

2011 SESSION

11-0288

05/10

HOUSE BILL 239

AN ACT prohibiting a state agency from establishing a fee without legislative approval.

SPONSORS: Rep. Ulery, Hills 27; Rep. Renzullo, Hills 27

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill prohibits an agency from establishing a fee without legislative approval.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0288

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT prohibiting a state agency from establishing a fee without legislative approval.

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

1 New Section; Legislation Establishing Fees. Amend RSA 14 by inserting after section 50 the following new section:

14:51 Legislation Establishing Fees.

I. Notwithstanding any other provision of law, no agency shall establish, impose, or enforce any fee for service or fee for licensure without legislation establishing the amount of the fee or an acceptable fee range.

II. Any law in effect prior to January 1, 2012 that delegated legislative authority to establish fees is hereby declared null and void. Likewise, any rule establishing fees not otherwise established in law is hereby declared null and void.

2 Applicability. Any rule in effect on January 1, 2012 that does not comply with section 1 of this act shall remain valid until its expiration, amendment, or renewal, under RSA 541-A, at which time the requirements of RSA 14:50, as inserted by section 1, shall apply.

3 Effective Date. This act shall take effect January 1, 2012.