New Hampshire 2022 Regular Session

New Hampshire House Bill HB1395

Introduced
12/1/21  

Caption

Relative to administrative rulemaking authority.

Impact

By instituting this requirement, HB 1395 reinforces the legislative branch's control over rulemaking, which traditionally has been more in the purview of administrative agencies. The bill aims to slow down the process of rule adoption, providing an additional layer of scrutiny and accountability. Proponents argue that this increased legislative oversight is necessary to prevent agencies from overstepping their authority and to protect the public interest, as agencies are often seen as distant from the concerns of the affected populace.

Summary

House Bill 1395 is a significant piece of legislation that focuses on modifying the administrative rulemaking authority. The bill stipulates that any items of business conducted by the Joint Legislative Committee on Administrative Rules must receive final legislative action by the General Court via a joint resolution before any business item can take effect. This change seeks to enhance legislative oversight over administrative agencies' rulemaking processes, ensuring that rules proposed by agencies are subject to legislative review and approval.

Sentiment

The general sentiment regarding HB 1395 appears to favor enhanced legislative oversight, particularly among those who view regulatory accountability as crucial to governance. Generally, supporters claim that it will prevent the imposition of arbitrary regulations by unelected officials. However, there are concerns among critics about the potential for legislative gridlock, where valuable regulations may be delayed due to the additional requirements of legislative approval, endangering timely governance.

Contention

There are notable points of contention regarding HB 1395. Opponents argue that the requirement for legislative action could hinder the efficient operation of administrative agencies, especially in situations where timely regulatory responses are critical. Critics also contend that this could politicize the rulemaking process, leading to potential conflicts between administrative objectives and legislative agendas. The bill represents a balance of power discussion, as it seeks to recalibrate the relationship between the executive and legislative branches regarding rulemaking authority.

Companion Bills

No companion bills found.

Previously Filed As

NH HB274

Relative to the administrative rulemaking process.

NH HB274

Relative to the administrative rulemaking process.

NH HB1622

Relative to administrative rulemaking and license renewals by the office of professional licensure and certification.

NH SB306

Relative to manufactured housing rulemaking authority.

NH SB358

Relative to the joint legislative committee on administrative rules.

NH HB266

Relative to notice and public access requirements for hybrid and virtual agency public comment hearings for rulemaking.

NH HB358

Relative to the filing and adoption of proposed administrative rules and relative to overpayment of unemployment compensation and relative to policies relating to nursing mothers.

NH SB0137

Administrative rulemaking.

NH HB1487

Consolidating provisions on administrative procedure and rulemaking; and making repeals.

NH SB180

Administrative Procedures Act; clarifying scope of rulemaking authority; requiring inclusion of statutory authority with administrative rules. Effective date.

Similar Bills

NH HB274

Relative to the administrative rulemaking process.

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