Bill Text: NH HB1441 | 2016 | Regular Session | Introduced
Bill Title: Requiring business impact notes for proposed legislation.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2016-09-12 - Interim Study Subcommittee Work Session: 09/27/2016 11:00 Amendment Legislative Office Building 303 [HB1441 Detail]
Download: New_Hampshire-2016-HB1441-Introduced.html
HB 1441-FN - AS INTRODUCED
2016 SESSION
16-2327
10/03
HOUSE BILL 1441-FN
AN ACT requiring business impact notes for proposed legislation.
SPONSORS: Rep. Sanborn, Hills. 41; Rep. Hannon, Straf. 25; Rep. Cordelli, Carr. 4; Rep. Potucek, Rock. 6; Rep. Schroadter, Rock. 17; Rep. Edelblut, Hills. 38; Rep. Schleien, Hills. 37; Sen. Birdsell, Dist 19
COMMITTEE: Legislative Administration
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ANALYSIS
This bill requires that legislation introduced in the house or senate which affect business be accompanied by a business impact note.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2327
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT requiring business impact notes for proposed legislation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Department of Resources and Economic Development; Duties; Business Impact Notes. Amend RSA 12-A by inserting after section 1-e the following new section:
12-A:1-f Business Impact Notes. The commissioner of resources and economic development, or the commissioner's designee, shall coordinate with the office of the legislative budget assistant in the review of bills and resolutions and the preparation of business impact notes under RSA 14:47-a.
2 Legislative Budget Assistant; Duties. Amend RSA 14:31-b, I(b) to read as follows:
(b) Prepare fiscal notes and amendments to fiscal notes, and business impact notes and amendments to business impact notes, as required by RSA [14:44-47]14:44 through RSA 14:47-a.
3 Subdivision Heading; Business Impact Notes. Amend the subdivision heading preceding RSA 14:44 to read as follows:
Fiscal Notes and Business Impact Notes
4 New Section; Business Impact Notes Required. Amend RSA 14 by inserting after section 47 the following new section:
14:47-a Business Impact Notes Required; Preparation.
I. All bills and resolutions having an effect on the revenues, expenditures, or fiscal liability of a business, shall be accompanied by a business impact note which sets forth the estimated impact thereof.
II. Business impact notes shall be prepared by the legislative budget assistant with the assistance and data as he or she is provided from the department of resources and economic development or from any other source of data which is deemed reliable, including but not limited to private individuals, research and educational organizations, corporations, and associations located within or outside the state. The business impact note shall identify the source or sources of the data.
III. The business impact note shall include:
(a) An estimated number of businesses affected by the bill.
(b) The projected cost to businesses of complying with the bill, including reporting, recordkeeping, administrative costs, effect on the workforce, capital investment, taxation, competition, economic development, consumer choice, fees, and legal or other professional counsel.
(c) The projected time required initially and then annually thereafter to comply with the proposed legislation.
(d) A comparison to federal law and regulations to determine if the bill will make New Hampshire law more onerous, costly, and time consuming or the same as federal law.
(e) A comparison to similar laws in the northeast region of the United States.
(f) A comparison to similar laws across the country.
(g) An analysis if it is determined that the bill will help some businesses but hurt others.
(h) An analysis of regulatory flexibility and exemptions or alternative means of compliance.
(i) An analysis of whether the bill waives fees and penalties for first-time offenders of noncompliance.
IV. The business impact note for any bill with a business impact shall be prepared and incorporated prior to the introduction of the bill or resolution.
V. A business impact note may be requested after the introduction of a bill or resolution:
(a) If a majority of a committee to which is referred a bill or resolution not containing a business impact note votes to have one prepared by the legislative budget assistant, in conjunction with the department of resources and economic development, upon the motion of a member of said committee.
(b) If by a majority vote of those members present, a bill or resolution being considered on the floor of the house or senate is referred to the legislative budget assistant for the purpose of preparing a business impact note in conjunction with the department of resources and economic development. In such instances, the business impact note shall be printed and distributed as are amendments to bills.
VI. The business impact note shall accompany the bill throughout its course of passage through the general court and to the governor for action and shall be amended as necessary to correct errors or to agree with substantive amendments to the bill.
5 Effective Date. This act shall take effect 60 days after its passage.
16-2327
11/20/15
HB 1441-FN- FISCAL NOTE
AN ACT requiring business impact notes for proposed legislation.
FISCAL IMPACT:
The Legislative Branch and the Department of Resources and Economic Development state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Legislative Branch states this bill requires the Office of Legislative Budget Assistant, with the assistance and data provided by the Department of Resources and Economic Development, to prepare Business Impact Notes (BINs) for all bills and resolutions that have a fiscal impact on businesses. Each BIN shall include the estimated number of businesses impacted; projected costs; time required to comply with the proposed legislation; a comparison of federal law and similar laws throughout the country and in the northeast; separate analyses concluding on whether the bill will hurt or help businesses, regulatory flexibility and alternate means of compliance, and waiver of penalties for first time offenders. The Legislative Branch is unable to estimate the fiscal impact of this bill as staffing needs will be dependent upon the complexity of and the number of bills requiring BINs.
The Department of Resources and Economic Development states this bill will have an indeterminable impact on its operations. The Department is unable to determine the volume of bills requiring a BIN, and the extent and methodology of research. Consequently, the Department is unable to determine the appropriate level of staffing and required resources necessary to implement this bill.
