CHAPTER 63
HB 1245-FN - FINAL VERSION
9Mar2016... 0194h
6Apr2016... 1433EBA
2016 SESSION
16-2169
10/09
HOUSE BILL 1245-FN
AN ACT relative to petitions for adoption of rules under the administrative procedures act and incorporation of documents by reference.
SPONSORS: Rep. C. McGuire, Merr. 29; Sen. Reagan, Dist 17
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill allows boards, commissions, and groups which are petitioned to adopt rules under RSA 541-A to have 30 days after the next scheduled meeting to respond to the petition. The bill also allows certain documents prepared by third parties and certain manuals of the department of transportation to be incorporated by reference in administrative rules.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0194h
6Apr2016... 1433EBA 16-2169
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to petitions for adoption of rules under the administrative procedures act and incorporation of documents by reference.
Be it Enacted by the Senate and House of Representatives in General Court convened:
63:1 Rulemaking; Petition for Adoption by Agency Amend RSA 541-A:4, I to read as follows:
I. Any interested person may petition an agency to adopt, amend, or repeal a rule. Within 30 days of receiving the petition, or 30 days after the next scheduled meeting of a board, commission, or group receiving the petition, the agency shall determine whether to grant or deny the petition and notify the petitioner. If the agency decides to deny the petition, the agency shall notify the petitioner of its decision in writing and shall state its reasons for denial. If the agency grants the petition, it shall notify the petitioner and commence the rulemaking proceeding by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding as specified in RSA 541-A:3.
63:2 Rulemaking; Incorporation by Reference Amend RSA 541-A:12, III to read as follows:
III. An agency may establish requirements in its rules by citing to a document or to Internet content prepared by an unrelated third party. If state-enforceable requirements are so established, the agency shall file an incorporation by reference statement as specified in paragraph IV with the final proposal. No agency shall incorporate by reference any document or Internet content prepared by or on behalf of the agency, provided that documents prepared by a group or association of which the agency is a member may be incorporated by reference.
63:3 New Paragraph; Rulemaking; Exceptions; Department of Transportation. Amend RSA 541-A:21 by inserting after paragraph VIII the following new paragraph:
IX. Rules of the department of transportation relating to the state bridge aid program or the state highway aid program, adopted under rulemaking authority of the commissioner of the department, shall be exempt from RSA 541-A:12, III and may incorporate by reference the department of transportation's Standard Specifications for Road and Bridge Construction, Highway Design Manual, and Bridge Design Manual without specifying a date or edition for the content incorporated, as provided in RSA 234:5, II and RSA 235:14, II.
63:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 5, 2016
Effective Date: July 4, 2016