Bill Text: NH SB358 | 2022 | Regular Session | Amended
Bill Title: Relative to the joint legislative committee on administrative rules.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2022-06-08 - Conference Committee Report: Not Filed [SB358 Detail]
Download: New_Hampshire-2022-SB358-Amended.html
SB 358 - AS AMENDED BY THE HOUSE
4May2022... 1645h
2022 SESSION
22-3029
05/08
SENATE BILL 358
AN ACT relative to the joint legislative committee on administrative rules.
SPONSORS: Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Rep. Dolan, Rock. 5; Rep. Lundgren, Rock. 5; Rep. Thomas, Rock. 5; Rep. Baldasaro, Rock. 5
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill increases the number of members and alternate members on the joint legislative committee on administrative rules, as well as establishes three equal divisions within the committee and specify that a final objection shall only be entered into by the entirety of the regular members on the committee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4May2022... 1645h 22-3029
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the joint legislative committee on administrative rules.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Procedure Act; Definitions; Committee. Amend RSA 541-A:1, III to read as follows:
III. "Committee" means the joint legislative committee on administrative rules, as well as the divisions of said committee, unless the context clearly indicates otherwise.
III-a. "Entire committee" shall mean the entirety of the appointed regular members of the joint legislative committee on administrative rules.
2 Administrative Procedure Act; Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:2, I and II to read as follows:
I. There is hereby created a joint legislative committee to be known as the joint legislative committee on administrative rules. The committee shall be composed of [10] 15 members of the general court and [10] 15 alternates to be appointed for 2-year terms ending on the first Wednesday in December of even-numbered years as follows: [5] 9 members of the house of representatives, appointed by the speaker of the house in consultation with the minority leader, not more than [3] 5 of whom shall be from the same party; [5] 6 members of the senate, appointed by the senate president in consultation with the minority leader, not more than [3] 4 of whom shall be from the same party; [5] 9 alternate members of the house of representatives appointed by the speaker of the house in consultation with the minority leader, not more than [3] 5 of whom shall be from the same party; and [5] 6 alternate members of the senate, appointed by the senate president in consultation with the minority leader, not more than [3] 4 of whom shall be from the same party. If a member of the committee is unable, for any reason, to attend a meeting or a portion of a meeting of the committee, the chair shall designate an alternate member to serve regardless of the number of other senators or representatives who attend the meeting. The committee shall elect a chair and a vice-chair from among its members, provided that the chair shall rotate biennially between the house and senate members.
II. The joint legislative committee on administrative rules shall be divided into 3 divisions, each consisting of 2 senators and 3 members of the house, with an equal number of alternates. A quorum of a division shall be 3 members. Each division shall meet separately to conduct its business, and have the authority of the full committee, except that a joint resolution resulting from a final objection shall be approved by the entire committee. Each division shall meet at least once each month and more often as necessary for the prompt discharge of its duties. The director of legislative services shall provide services to the committee. The joint legislative committee on administrative rules shall adopt rules to govern its operation and organization. [A quorum of the committee shall consist of 6 members.] Members of the committee shall be entitled to legislative mileage as provided to members for attendance at sessions of the general court.
3 Administrative Procedures Act; Review by the Joint Legislative Committee on Administrative Rules; Entire Committee for Final Objection Required. Amend RSA 541-A:13, VII to read as follows:
VII.(a) The provisions of this paragraph may be used by the entire 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 entire committee may, within 50 days from the date on which the objection response was due and by majority vote of the entire committee, recommend legislative action through sponsorship of a joint resolution to implement its recommendation. Such vote 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 entire committee votes to sponsor a joint resolution pursuant to subparagraph VII(b), the joint resolution shall be introduced in the house of representatives or senate within 20 business days of such vote when the general court is in session and 20 business days of the start of the following legislative session if such vote occurs when the general court is not in session. If a joint resolution is not introduced within this time frame, the agency may adopt the rule. If a joint resolution is introduced within this time frame, 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 specific 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 entire 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.
(f) Notwithstanding any house or senate rules to the contrary, a joint resolution which the entire committee votes to sponsor under subparagraph VII(b) may be introduced at any time during the legislative session. It shall be subject to the same rules as any other bill introduced at the beginning of the legislative session.
4 Effective Date. This act shall take effect 60 days after its passage.
