Bill Text: NH HB1570 | 2018 | Regular Session | Introduced

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Bill Title: Relative to the scope of rules adopted under the administrative procedures act pursuant to statutory authorization for agency rules.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2018-09-20 - Interim Study Subcommittee Work Session: 10/09/2018 09:00 am Legislative Office Building304 [HB1570 Detail]

Download: New_Hampshire-2018-HB1570-Introduced.html

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HB 1570 - AS INTRODUCED

 

 

2018 SESSION

18-2238

05/01

 

HOUSE BILL 1570

 

AN ACT relative to the scope of rules adopted under the administrative procedures act pursuant to statutory authorization for agency rules.

 

SPONSORS: Rep. Harrington, Straf. 3; Rep. Spillane, Rock. 2; Rep. Itse, Rock. 10; Rep. Pitre, Straf. 2

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill requires rules under RSA 541-A to be limited in scope in the same manner as the authorizing legislation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2238

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the scope of rules adopted under the administrative procedures act pursuant to statutory authorization for agency rules.

 

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

 

1  New Section; Administrative Procedure Act; Scope of Rule.  Amend RSA 541-A by inserting after section 3-b the following new section:

541-A:3-c  Scope of Rule.  Any rule proposed or adopted under RSA 541-A shall only implement provisions of the authorizing legislation and not create any new provisions or authority not specifically contained or referenced in the authorizing legislation.  If the authorizing legislation contains provisions that only apply to certain portions of such legislation, the rule shall be similarly limited in scope and application.  All agencies shall have 3 years from the effective date of this section to revise the agency's rules, as necessary, to comply with this section.

2  Effective Date.  This act shall take effect 60 days after its passage.