Bill Text: NH HB624 | 2011 | Regular Session | Introduced

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Bill Title: Relative to the rulemaking authority of state agencies to establish or increase fees and costs.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2011-10-20 - House Retained Bill - Subcommittee Work Session: 10/26/2011 1:00 PM Legislative Office Building 306 [HB624 Detail]

Download: New_Hampshire-2011-HB624-Introduced.html

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HB 624 – AS INTRODUCED

2011 SESSION

11-0591

05/10

HOUSE BILL 624

AN ACT relative to the rulemaking authority of state agencies to establish or increase fees and costs.

SPONSORS: Rep. Giuda, Merr 7; Rep. O'Brien, Hills 4; Rep. Bettencourt, Rock 4; Rep. F. Rice, Rock 15; Rep. Hansen, Hills 6; Rep. Pitre, Straf 3; Rep. Laware, Sull 5; Rep. Tamburello, Rock 3; Rep. Donovan, Hills 2; Rep. W. Hutchinson, Hills 9; Sen. Bradley, Dist 3

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill limits the rulemaking authority of state agencies to establish or increase fees, or establish or modify an agency program or responsibility in a manner that increases costs to persons affected by the rule.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0591

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the rulemaking authority of state agencies to establish or increase fees and costs.

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

1 Legislation Granting Rulemaking Authority. Amend RSA 14:39-a to read as follows:

14:39-a Legislation Granting Rulemaking Authority. Any member of the house of representatives or senate proposing legislation which includes provisions granting rulemaking authority to any agency as defined in RSA 541-A:1, II, shall include an explanation of the intent for the proposal relative to the parameters under which rulemaking authority under RSA 541-A may be used. Rulemaking provisions in proposed legislation shall not grant broad authority for the adoption of rules, including general authority to implement a program or to adopt fees, but shall specify the issues to be addressed by rules and the amount of any fee.

2 Procedure for Adoption of Rules; Legislative Approval for Rules Establishing or Increasing Fees or Costs. Amend RSA 541-A:3, VI and VII to read as follows:

VI. Responding to the committee when required under RSA 541-A:13; [and]

VII. Receiving specific legislative approval for any proposed rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that is likely to increase costs to persons affected by the rule; and

VIII. Adopting and filing a final rule under RSA 541-A:14.

3 New Section; Administrative Procedure Act; Limitation on Rules Establishing Fees or Increasing Program Costs. Amend RSA 541-A by inserting after section 3-b the following new section:

541-A:3-c Limitation on Rules Establishing or Increasing Fees and Costs. No agency may propose or adopt a rule under RSA 541-A:3 or RSA 541-A:19 that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs to persons affected by the rule, without specific authority in the authorizing legislation or specific legislative approval for such a rule.

4 New Paragraph; Final Adoption of Administrative Rule. Amend RSA 541-A:14 by inserting after paragraph IV the following new paragraph:

V. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs for persons affected by the rule, without first receiving specific legislative approval for such a rule.

5 New Paragraph; Interim Rules. Amend RSA 541-A:19 by inserting after paragraph X the following new paragraph:

XI. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs for persons affected by the rule, without first receiving specific legislative approval for such a rule.

6 New Paragraph; Rules Exempt from the Administrative Procedure Act. Amend RSA 541-A:21 by inserting after paragraph VI the following new paragraph:

VII. Notwithstanding the foregoing, no agency may adopt a rule that establishes or increases any fee for service or fee for licensure, or establishes or modifies an agency program or responsibility in a manner that increases costs to persons affected by the rule, without first receiving specific legislative approval for such a rule.

7 Administrative Procedure Act; Validity of Rules. Amend RSA 541-A:22, III(c) to read as follows:

(c) Require fees unless the amount of the fee or parameters for determining the fee are specifically authorized by a statute enforced or administered by an agency. Specific authorization shall not include the designation of agency fee income in the operating budget when no other statutory authorization exists.

8 New Subparagraph; Administrative Procedure Act; Validity of Rules. Amend RSA 541-A:22, III by inserting after subparagraph (h) the following new subparagraph:

(i) Establish or modify an agency program or responsibility in a manner that increases costs for persons affected by the rule.

9 Effective Date. This act shall take effect July 1, 2011.