New Hampshire SB 486: establishing a commission to study enhancing the prescription drug donation program.

Bill Text

SB 486 - AS AMENDED BY THE SENATE

01/29/2026 0059s

2026 SESSION

 26-2051

 09/08

SENATE BILL 486

AN ACT relative to the administrative procedure act.

SPONSORS: Sen. Lang, Dist 2; Sen. Gannon, Dist 23; Sen. Pearl, Dist 17; Sen. Carson, Dist 14; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Rep. Grote, Rock. 24; Rep. Layon, Rock. 13; Rep. Moffett, Merr. 4

COMMITTEE: Executive Departments and Administration

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ANALYSIS

 This bill revises the procedures of the administrative procedure act.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/29/2026 0059s 26-2051

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the administrative procedure act.

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

 1 Administrative Procedure Act; Definitions. Amend RSA 541-A:1, V to read as follows: 

 V. "Declaratory ruling" means an agency ruling as to the specific applicability of any statutory provision, [or of any] rule, or order of the agency. 

 2 Administrative Procedure Act; Definitions. Amend RSA 541-A:1, VI - VII-a to read as follows:

 VI. "File" means the actual receipt, by the director of the division of administrative rules for the office of legislative services, of a document required to be submitted during a rulemaking process established by this chapter, under the terms and in the format prescribed by the director. The term "file" shall also apply to any other response, submission, or written explanation required during a rulemaking process established by this chapter. 

 VI-a. "Final legislative action" means the defeat of a joint resolution sponsored by the [legislative] committee [on administrative rules] pursuant to RSA 541-A:13, VII(b) in either the house or the senate, or the failure of the general court to override the governor's veto of the joint resolution. 

 VII. "Fiscal impact statement" means a statement prepared by the legislative budget assistant[,] using data supplied by the rulemaking agency, [and giving consideration to] considering both short- and long-term fiscal consequences of a proposed rule, and [includes] including the elements required by RSA 541-A:5, IV. 

 VII-a. "Form" means a document, whether hardcopy or electronic, with blank spaces for insertion of required or optional information, which must be submitted to [the] an agency by persons outside the agency, including [such as], but not limited to, licensing applications, petitions, or requests. The term does not include a document that is called a form by the agency but [which] does not have blank spaces for insertion of information by persons outside the agency. A form is considered a rule and may be incorporated by reference or have the requirements listed in the text of the rule. 

 3 Administrative Procedure Act; Definitions. Amend RSA 541-A:1, IX - XIV to read as follows: 

 IX. "Licensing" means [the] an agency process relative to the issuance, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license, or the imposition of terms for the exercise of a license. 

 X. "Nonadjudicative processes" means all agency procedures and actions other than an adjudicative proceeding. 

 XI. "Order" means the whole or part of an agency's final disposition of a matter subject to an adjudicative proceeding, [other than a rule,] but does not include an agency's decision to initiate, postpone, investigate or process any matter, [or to issue] file a complaint, or issue a citation. 

 XII. "Party" means each person or agency named or admitted as a party to an adjudicative proceeding[, or properly seeking and entitled as a right to be admitted as a party]. 

 XIII. "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. 

 XIV. "Presiding officer" means [that] an individual to whom [the] an agency has delegated the authority to preside over [a] an adjudicative proceeding, if any; otherwise it shall mean the head of the agency. 

 4 Administrative Procedure Act; Definitions. Amend RSA 541-A:1, XV-a to read as follows: 

 XV-a. "Signature" means a person's written name used as a form of identification, whether in original, photocopied, [or] scanned, or electronic form. 

 5 Administrative Procedure Act; Joint Legislative Committee on Administrative Rules. Amend RSA 541-A:2, II-IV to read as follows: 

 II. The [joint legislative] committee [on administrative rules] shall meet at least once each month and