Bill Text: NH SB369 | 2018 | Regular Session | Enrolled


Bill Title: Relative to the publication of the rulemaking register.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2018-06-14 - II. Remainder shall take effect 06/08/2018 [SB369 Detail]

Download: New_Hampshire-2018-SB369-Enrolled.html

SB 369-FN - VERSION ADOPTED BY BOTH BODIES

 

05/03/2018   1934EBA

2018 SESSION

18-2722

10/04

 

SENATE BILL 369-FN

 

AN ACT relative to the publication of the rulemaking register.

 

SPONSORS: Sen. Reagan, Dist 17; Rep. McGuire, Merr. 29

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill provides that the weekly publication of the rulemaking register by the director of legislative services shall be made directly online.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/03/2018   1934EBA 18-2722

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the publication of the rulemaking register.

 

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

 

1  Administrative Procedures Act; Rulemaking Register.  Amend RSA 541-A:9 to read as follows:

541-A:9  Rulemaking Register.

I.  The director of legislative services shall publish directly online a weekly [a] rulemaking register which shall contain:

(a)  Notice of intended rulemaking actions.

(b)  Notice of rules adopted under RSA 541-A:14, RSA 541-A:18, and RSA 541-A:19.

(c)  Executive orders and nonconfidential opinions of the attorney general under RSA 541-A:28.

(d)  Final objections under RSA 541-A:13, V.

(e)  Notices of continued or postponed public comment hearings under RSA 541-A:11.

(f)  Notices of declaratory rulings issued pursuant to rules adopted under RSA 541-A:16, I(d).

(g)  Notice for the submission of comments on possible rulemaking under RSA 541-A:11, VIII.

(h)  Publication of notice of the list of regulated toxic air pollutants and classifications by the department of environmental services under RSA 125-I:4.

(i)  At the request of any agency, any other notices or documents related to rulemaking, at the discretion of the director.

(j)  A list of proposals filed under RSA 541-A:12, I and proposed interim rules filed under RSA 541-A:19, II, and placed on the agenda for committee review at a regularly scheduled or special committee meeting.

I-a.  Prior to publication and with prior notice to the agency, the director of legislative services may correct typographical, spelling, and punctuation errors, as well as unintentional errors in references and citations in a submission, provided the corrections do not affect the substance of the notice.

I-b.  The date of publication of the rulemaking register shall be the date on which the register is available to the public on the general court information services web site.

I-c.  The director of legislative services may prescribe the specific electronic file format for all documents provided by state agencies for inclusion in the register.

II.  The rulemaking register shall be made available [upon request to agencies and officials of this state] free of charge.  [The director of legislative services shall send a paper or electronic copy of the rulemaking register upon request to the clerk of each municipality in the state and upon request to any member of the general court free of charge.  Municipalities and members of the general court shall be deemed to have requested an electronic copy unless a paper copy is specifically requested.  Paper copies of the register which are sent to municipalities and to members of the general court shall be sent by first-class mail.]

[III.  Paper copies of the register shall also be made available upon request to other persons at prices fixed by the director of legislative services to cover mailing and publication costs.]

2  Administrative Procedures Act; Rulemaking Register.  Amend RSA 541-A:9 to read as follows:

541-A:9  Rulemaking Register.

I.  The director of legislative services shall publish directly online a weekly [a] rulemaking register which shall contain:

(a)  Notice of intended rulemaking actions.

(b)  Notice of rules adopted under RSA 541-A:14, RSA 541-A:18, and RSA 541-A:19.

(c)  Nonconfidential opinions of the attorney general under RSA 541-A:28.

(d)  Final objections under RSA 541-A:13, V.

(e)  Notices of continued or postponed public comment hearings under RSA 541-A:11.

(f)  Notices of declaratory rulings issued pursuant to rules adopted under RSA 541-A:16, I(d).

(g)  Notice for the submission of comments on possible rulemaking under RSA 541-A:11, VIII.

(h)  Publication of notice of the list of regulated toxic air pollutants and classifications by the department of environmental services under RSA 125-I:4.

(i)  At the request of any agency, any other notices or documents related to rulemaking, at the discretion of the director.

(j)  A list of proposals filed under RSA 541-A:12, I and proposed interim rules filed under RSA 541-A:19, II, and placed on the agenda for committee review at a regularly scheduled or special committee meeting.

I-a.  Prior to publication and with prior notice to the agency, the director of legislative services may correct typographical, spelling, and punctuation errors, as well as unintentional errors in references and citations in a submission, provided the corrections do not affect the substance of the notice.

I-b.  The date of publication of the rulemaking register shall be the date on which the register is available to the public on the general court information services web site.

I-c.  The director of legislative services may prescribe the specific electronic file format for all documents provided by state agencies for inclusion in the register.

II.  The rulemaking register shall be made available [upon request to agencies and officials of this state] free of charge.  [The director of legislative services shall send a paper or electronic copy of the rulemaking register upon request to the clerk of each municipality in the state and upon request to any member of the general court free of charge.  Municipalities and members of the general court shall be deemed to have requested an electronic copy unless a paper copy is specifically requested.  Paper copies of the register which are sent to municipalities and to members of the general court shall be sent by first-class mail.]

[III.  Paper copies of the register shall also be made available upon request to other persons at prices fixed by the director of legislative services to cover mailing and publication costs.]

3  Contingency.  If HB 1281 of the 2018 regular legislative session becomes law, section 2 of this act shall take effect at 12:01 a.m. on the effective date of HB 1281 and section 1 of this act shall not take effect.  If HB 1281 does not become law, section 1 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect.  

4  Effective Date.

I.  Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

18-2722

11/27/17

 

SB 369-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the publication of the rulemaking register.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.

 

AGENCIES CONTACTED:

Legislative Branch

 

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