Committee Summary for House Executive Departments and Administration (01/29/2026)

Bill/Time	Type	Title	Sponsor
HB1340 00:03:17.200 - 9:02:28 AM	Public Hearing	limiting occupational regulations to those demonstrably necessary to achieve public health, safety, or welfare objectives.	Slottje, Jeremy(R)[A+]2025
HB1312 0390h 01:05:38.240 - 10:04:49 AM	Public Hearing	relative to the authority of various boards.	Layon, Erica(R)[A+]2025
HB1261 01:15:25.760 - 10:14:36 AM	Public Hearing	relative to the administrative procedure act.	Layon, Erica(R)[A+]2025
HB1506 03:02:57.120 - 12:02:08 PM	Public Hearing	creating an exception to the restricted uses of artificial intelligence by state agencies.	Cormen, Thomas(D)[F]2025
HB1683 03:30:57.680 - 12:30:08 PM	Public Hearing	relative to the modification of administrative rules by the joint legislative committee on administrative rules.	Potenza, Kelley(R)[A]2025
HB1211 04:16:48.239 - 1:15:59 PM	Public Hearing	relative to the scope of review of state agency interpretations.	Kofalt, Jim(R)[A+]2025
Unclear 04:56:44.718 - 1:55:55 PM	General Working Session	Unclear

HB1340: Representative Jeremy Slouchy, Hudson Support00:03:17.200 - 9:02:28 AM; Representative Slouchy introduced HB 1340, emphasizing that the bill codifies the principle that licensure should not act as a barrier to individuals' right to work, but rather ensure standards for professions impacting public health, safety, or welfare. He highlighted the bill's core elements: establishing a fundamental right to pursue an occupation free from arbitrary restrictions, limiting regulations to those demonstrably necessary and tailored to public objectives. The goal is to promote economic mobility and prevent guilds or self-enrichment schemes from blocking qualified candidates. He invited questions and expressed openness to enhancements.
HB1340: Representative Groa Information Only00:06:32.560 - 9:05:43 AM; Representative Groa asked for clarification on how the bill acts as an umbrella for licensing and sought examples of current hurdles in licensing that necessitate the bill.
HB1340: Representative Long Information Only00:06:32.560 - 9:05:43 AM; Representative Long inquired about the bill's application to professions like law, questioning if it would allow challenging requirements such as law school to take the bar exam, given potential legitimate rationales.
HB1340: Representative Dury Information Only00:08:43.039 - 9:07:54 AM; Representative Dury asked why the bill is limited and not applied to all professions, such as engineering.
HB1340: Representative Dargy Information Only00:09:12.959 - 9:08:23 AM; Representative Dargy questioned how to decide if a required course meets societal needs versus providing income, and how the bill addresses borderline situations.
HB1340: Representative Groa (follow-up) Information Only00:11:09.680 - 9:10:20 AM; Representative Groa asked who is responsible for ensuring compliance and how the bill interfaces with licensing boards if conflicts arise.
HB1340: Representative Schmidt Information Only00:13:22.880 - 9:12:33 AM; Representative Schmidt referenced past testimony on licensing as barriers without legitimate purpose, discussed public safety responsibilities, and asked if the bill could lead to excessive procedures or challenges.
HB1340: Unnamed witness (bill sponsor) Information Only00:18:26.559 - 9:17:37 AM; The witness responds to committee questions about the bill's scope, clarifying that it applies to all levels of government including towns like Derry for regulating trades such as barbers or massage parlors. They emphasize the bill's purpose to provide a pathway for individuals to seek redress of grievances against licensing requirements, even if illegitimate, as a core government function. They note existing administrative appeals but uncertainty about a direct right of action in New Hampshire. Regarding a hypothetical home-based hairdresser, the bill sets a standard that licensing must protect public health, allowing challenges if not. The witness is open to amendments to refine the scope and ensure the law meets its intent without causing unintended issues.
HB1340: Megan Heler, New Hampshire Court Reporters Association Oppose00:24:58.720 - 9:24:09 AM; Megan Heler, a licensed court reporter from Northampton, NH, testifies on behalf of the association, highlighting hidden costs of the bill despite being presented as cost-neutral. It shifts regulatory review to agencies, courts, and litigation, burdening the DOJ, court system, and taxpayers. She argues the bill introduces uncertainty into a well-functioning system without addressing any specific New Hampshire problem, urging the committee to quantify fiscal impacts before proceeding. She notes litigation's expense, based on her profession.
HB1340: Katherine Sweeney, New Hampshire Court Reporters Association Oppose00:27:22.559 - 9:26:33 AM; Katherine Sweeney, president of the New Hampshire Court Reporters Association and licensed court reporter from Bedford, NH, explains how deregulation would harm public welfare. Court reporters protect confidential information like social security numbers and medical details in depositions, adhering to strict ethics codes ensured by licensing. Without licensing, oversight vanishes, allowing unqualified individuals to handle sensitive data, potentially sending recordings abroad without ethical standards. She stresses licensing maintains competence, trustworthiness, and justice in proceedings, welcoming more stenographers only under regulation.
HB1340: Jamie Kavanagh, Pacific Legal Foundation Support00:35:01.599 - 9:34:12 AM; Jamie Kavanagh, from the Pacific Legal Foundation, a nonprofit protecting against government overreach, shares his litigation background challenging occupational licenses. He confirms existing rights to challenge licenses exist but are ineffective due to poor case law, with courts not seriously protecting the right to earn a living. The bill creates a clear cause of action with guidelines for judicial review. It encourages less restrictive alternatives, using examples like varying auctioneer training across states. States like Arizona and Louisiana have similar laws without litigation floods. He notes these reforms are recent (last 5-6 years) but show no negative effects, and the bill could apply to challenging administrative rules exceeding statutory intent.
HB1340: Sarah Scott, Americans for Prosperity, New Hampshire Support00:43:03.520 - 9:42:14 AM; Sarah Scott testified in support of HB 1340, highlighting the historical expansion of occupational licensing from 5% in the 1950s to over 20% today. She noted New Hampshire's middle-of-the-pack ranking in the 2025 state occupational licensing index and progress in reducing unnecessary licenses, but emphasized the need to stay competitive with neighboring states like Massachusetts and Maine to retain talent. The bill does not eliminate existing licenses but sets a standard requiring government restrictions on earning a living to demonstrate necessity for public health and safety. She stressed its importance for long-term success against future licensing expansions.
HB1340: Diana Jurus, Executive Director, OPLC Information Only00:49:20.319 - 9:48:31 AM; Diana Jurus provided information on the practical challenges of HB 1340's one-year review requirement for 61 professions and seven chapters of rules each, describing it as an extensive task that would strain resources. She suggested amendments like extending the timeline, breaking it into chunks, or using a rolling basis to make it feasible without leaving it open-ended. She took no position on the policy but noted the need for prioritization, potentially using interns, and emphasized deadlines' importance. During questioning, she discussed workload reprioritization, existing waiver processes for rules, checks and balances in rulemaking, ethics for board members, and the office's neutral stance on the bill.
HB1340: Douglas Austerhoff, Director, Division of Administrative Rules, Office of Legislative Services Information Only01:00:34.240 - 9:59:45 AM; Douglas Austerhoff offered mechanical and procedural insights on HB 1340, noting it amends RSA 541-A and introduces potential overlaps, such as a new 'agency' definition already in statute and petition language duplicating existing provisions in 541-A:4. He referenced related statutes like 332-G and RSA 310, recommending a review to ensure consistency if the committee advances the bill. He reported infrequent public complaints about rules, mostly directed to agencies, and concerns typically arise during proposed rule reviews rather than existing ones.
HB1312 0390h: Representative Erica Leyon, Rockingham 13, Derry Support01:05:38.240 - 10:04:49 AM; Representative Erica Leyon, as vice chair of the Joint Legislative Committee on Administrative Rules (Jelcar), introduced HB 1312 to authorize subcommittees for boards without constant legislative changes, including an amendment (0390h) requiring OPLC executive director approval for structure and control. The bill also cleans up repealed statutes like RSA 327:6A,6 and removes 'bad links' to outdated laws, plus repeals non-functioning sections from prior legislation. She recommended potential subcommittee review for administrative aspects.
HB1312 0390h: Deanna Jurus, Executive Director, OPLC Information Only01:09:54.400 - 10:09:05 AM; Deanna Jurus clarified the amendment's intent to prevent subcommittee sprawl and ensure OPLC support capacity, given limited staff. She explained subcommittees can already be noticed publicly under 91-A, but approval helps manage frequency, duration, and topics. It addresses past issues with non-appointed members conducting board business and provides flexibility for tasks like the Board of Electricians' code updates, without requiring full board involvement.
HB1261: Representative Erica Leyon, Rockingham 13, Derry Support01:15:25.760 - 10:14:36 AM; Representative Erica Leyon introduced HB 1261 as a comprehensive review and technical correction of the Administrative Procedure Act, drafted by the Director of the Office of Legislative Services for consistency and clarity. She noted its complexity, suggested subcommittee review, and mentioned a parallel Senate bill and a small amendment from Director Austerhoff. She deferred detailed explanation to the director for a future work session.
HB1261: Douglas Osterhout, Director, Division of Administrative Rules, Office of Legislative Services Information Only01:17:20.880 - 10:16:31 AM; Douglas Osterhout explains that HB 1261 was requested by him to rewrite sections of the Administrative Procedure Act (APA) for clarity, with minimal substantive changes. He highlights that most revisions reorganize and clarify language without altering requirements, such as in RSA 541-A:13, which underwent a complete overhaul but remains substantively the same. Key changes include shifting responsibilities from the Director of Legislative Services to the Director of Administrative Rules to reduce bureaucracy, and introducing expedited procedures for minor form revisions to speed up updates from 3-6 months to 1-2 months while still requiring fiscal impact statements. Regarding the amendment on interim rules, it provides flexibility for agencies to adopt rules conforming to new statutes within the statute's effective date window, avoiding gaps in rulemaking. He offers to answer questions and provides written testimony for reference.
HB1506: Representative Thomas Corman, Grafton 15, Lebanon Support03:02:57.120 - 12:02:08 PM; Representative Thomas Corman, a retired computer science professor from Dartmouth, sponsors HB 1506 to amend RSA 5D, which he previously sponsored as HB 1688 to establish guardrails on state AI use, prohibiting discrimination, unauthorized surveillance, and malicious deepfakes while requiring human oversight for irreversible decisions and disclosure of AI interactions. The new bill creates a two-step exception process for agencies: approval by the IT Commissioner within 30 days, followed by Executive Council approval, to allow necessary AI uses like thwarting denial-of-service attacks without human-in-the-loop, which could occur too quickly for real-time response. He notes discussions with IT Commissioner Goule and considers alternatives like immediate IT approval with later review. Corman emphasizes the process ensures quick yet accountable exceptions, preferring Executive Council over JLCAR for operational focus. He addresses questions on frequency (infrequent), deepfake detection challenges, potential non-malicious state deepfakes, and AI's growing capabilities.
HB1683: Representative Kelly Patenza, Strafford 19 Support03:30:57.680 - 12:30:08 PM; Representative Kelly Patenza strongly supports HB 1683, arguing it addresses the legislature's abdication of lawmaking authority to unelected agencies, violating the non-delegation doctrine and separation of powers in the NH Constitution. She asserts agencies can execute but not create law, citing examples like DHS's unconstitutional religious exemption form for immunizations that added requirements beyond statute, such as annual refiling and privacy intrusions. The bill restores legislative primacy by requiring rules to trace directly to current RSAs, invalidating those without, and provides mechanisms for review and repeal. Patenza dismisses fiscal concerns, noting JLCAR and legislative services can handle oversight without expansion, and urges passage to protect rights in areas like property, health, and business. She offers to work on amendments for scope, auditing, and phasing.
HB1683: Douglas Osterhout, Director, Division of Administrative Rules, Office of Legislative Services Information Only03:46:53.760 - 12:46:04 PM; Douglas Osterhout provides information on HB 1683, noting that current processes already ensure statutory authority through four legal reviews per rule, appendices citing statutes, and JLCAR oversight, as affirmed by a 1981 NH Supreme Court opinion allowing delegation with parameters. He explains rules expire after 10 years or become invalid if authority is lost, and existing remedies include legislative modification, notifications to governor/DOJ, public requests under RSA 541-A:4, and LBA audits. Osterhout estimates implementing biennial reviews would require significant staff (3+ attorneys, administrator, $500k+), and 90-day repeal timelines are unrealistic given 13-16 month rulemaking processes. He supports policy goals but suggests tweaks for feasibility and warns narrowing authority to RSAs only might conflict with federal supremacy clause. Offers to assist drafting.
HB1683: Ders (Deirdre), Executive Director, Office of Professional Licensure and Certification (OPLC) Information Only04:05:27.199 - 1:04:38 PM; Deirdre from OPLC informs on HB 1683, handling 20-25% of state rulemaking for 61 professions. She details a typical 13-month timeline for rule promulgation, involving board approvals (up to 90 days), fiscal impact statements (21 days), public hearings/comments (180 days), drafting finals (30 days), and JLCAR review, noting boards meet infrequently. She confirms attorneys regularly flag unauthorized rules, preventing proposals or prompting statutory fixes, as in the LNA licensing case last year. Emphasizes checks and balances work, with few clean proposals, and 90-day timelines are logistically impossible. Offers to discuss timelines further.
HB1211: Representative Jim Kofalt, Hillsborough 32, Wilton/Temple/New Ipswich Support04:16:48.239 - 1:15:59 PM; Representative Jim Kofalt introduces HB 1211 to ensure courts exercise independent judgment in reviewing agency actions, addressing a doctrine that previously deferred excessively to agency interpretations.
HB1211: Representative Jim Kofalt, Hillsborough 32, Wilton/Temple/New Ipswich Support04:17:41.760 - 1:16:52 PM; Representative Kofalt explains the background of Chevron deference from the 1984 Supreme Court case and its overruling in the 2024 Loper Bright Enterprises v. Raimondo case, which mandates de novo review by courts. He states that HB 1211 applies this principle to New Hampshire state administrative rules by amending RSA 541-A to require independent judicial judgment, promoting accountability and aligning with federal policy. He proposes an amendment to insert a 'presumption of liberty' in administrative law, mirroring RSA 21 language, to resolve doubts in favor of limiting agency power and maximizing individual liberty, embodying New Hampshire's 'Live Free or Die' motto. He provides the amendment text to the clerk and invites questions.
HB1211: Sarah Scott, Deputy State Director, Americans for Prosperity, New Hampshire Support04:25:42.640 - 1:24:53 PM; Sarah Scott testifies that Americans for Prosperity supports HB 1211 as it ensures courts defer to legislative intent over agency interpretations, restoring balance by applying traditional tools of interpretation and favoring individual liberties when doubts remain. She highlights real-world impacts like delays for small businesses and compliance costs for families due to regulatory uncertainty. Referencing New Hampshire fishermen's involvement in pre-Loper Bright cases, she argues the bill protects against future agency overreach, strengthens due process, reinforces legislative authority, and safeguards residents from excessive regulation. She urges support for the bill.
HB1211: Sam Garland, Senior Assistant Attorney General, Department of Justice Information Only04:28:41.279 - 1:27:52 PM; Sam Garland clarifies that the Department of Justice does not oppose Roman numeral I of HB 1211, which eliminates Chevron-like deference in New Hampshire, noting the state Supreme Court has not fully adopted Chevron and this adds clarity. He expresses concerns about Roman numeral II, arguing it may be redundant with the existing constitutional avoidance doctrine, which already favors interpretations avoiding constitutional tensions with individual rights. He warns of potential unintended consequences, such as confusion over unenumerated liberties, competing interpretations of 'individual liberty,' and complications in cases with multiple parties or conflicting rights (e.g., free speech limits like yelling 'fire' in a theater). He suggests the bill could proceed with just Roman numeral I to achieve its goals and offers to work with sponsors and the committee to refine the language, emphasizing availability for further discussions.
HB1211: Jamie Kavanagh, Pacific Legal Foundation Support04:53:05.920 - 1:52:16 PM; Jamie Kavanagh, an attorney with the Pacific Legal Foundation, testified in support of House Bill 1211, which aims to end judicial deference to agency interpretations. He emphasized that this reform ensures courts independently interpret the law, fulfilling their constitutional duty. Kavanagh noted that New Hampshire would join states like Arizona, Idaho, Indiana, Kentucky, Tennessee, and Texas that have statutorily removed judicial deference. He explained that most Americans are unaware of this practice, which favors government interpretations over neutral arbitration, undermining accountability, leading to regulatory overreach, chilling economic freedom, and violating property rights. Codifying this change prevents courts from shifting towards deference over time and aligns with New Hampshire's current judicial leanings. During questioning, he agreed that enacting the statute now preserves best practices without needing to overrule cases later.
Unclear: Madame Chair Information Only04:56:44.718 - 1:55:55 PM; The Chair closed the public hearing on HB 1211 and summarized the committee's progress: they had executive sessions on 17 bills, reported out 16-17 bills, and heard 52 of 60 bills. Upcoming sessions include illicit human trafficking bills on Monday, a work session on remaining early bills on Wednesday, and final action on early bills on February 11th. The Chair appreciated the ad hoc work on solutions and closed the day's meeting.

Layon, Erica(Chairman)(R)[A+]2025	Sytek, John(Clerk)(R)[B-]2025	Slottje, Jeremy(V Chairman)(R)[A+]2025
Schmidt, Peter(D)[F]2025	Thibault, James(R)[A]2025	Howard, Heath(D)[F]2025
Sellers, John(R)[A-]2025	de Vries, Erica(D)[CT]2025	Dargie, Paul(D)[F]2025
Davis, Fred(D)[D-]2025	Bailey, Glenn(R)[A+]2025	Kelley, Diane(R)[A-]2025
Pearson, Stephen(R)[B-]2025	Grote, Jaci(D)[CT]2025	Long, Patrick(D)[D]2025
DeRoy, Susan(R)[A-]2025