Rhode Island 2023 Regular Session

Rhode Island House Bill H5187 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5187
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7	7	LC000019
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
16	16	PROCEDURES
17	17	Introduced By: Representatives Corvese, Azzinaro, and Phillips
18	18	Date Introduced: January 19, 2023
19	19	Referred To: House State Government & Elections
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-35-4 of the General Laws in Chapter 42-35 entitled 1
24	24	"Administrative Procedures" is hereby amended to read as follows: 2
25	25	42-35-4. Filing and taking effect of rules. 3
26	26	(a) An agency shall file each final rule with the secretary of state. An agency may not file 4
27	27	a final rule until the public comment period has ended. In filing a final rule, an agency shall use a 5
28	28	standardized form and process for submission determined by the secretary of state. The secretary 6
29	29	of state shall affix to each final rule a certification of the time and date of filing. The secretary of 7
30	30	state may reject the final rule if an agency fails to use the standardized format or fails to adhere to 8
31	31	the codification requirements or any other publication requirements or rules promulgated by the 9
32	32	secretary of state’s office pursuant to § 42-35-5. The secretary of state shall reject the improper 10
33	33	final rule by returning it to the director of the agency which submitted the improper form within 11
34	34	fifteen (15) days of receipt. 12
35	35	(b) The secretary of state, with notification to the agency, may make minor non-substantive 13
36	36	corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall 14
37	37	make a record of the corrections. 15
38	38	(c) The agency shall file the rule not later than one hundred eighty (180) days after close 16
39	39	of the public-comment period. If that rule is not filed within one hundred eighty (180) days, the 17
40	40	agency must restart the rulemaking process pursuant to this chapter. 18
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44	44	(d) A final rule filed by an agency with the secretary of state under this section must contain 1
45	45	the text of the rule and be accompanied by a record that contains: 2
46	46	(1) The date the final rule was signed by the relevant agency head; 3
47	47	(2) A reference to the specific statutory or other authority authorizing the rule; 4
48	48	(3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of 5
49	49	the rule; 6
50	50	(4) The effective date of the rule; and 7
51	51	(5) A concise explanatory statement as defined by § 42-35-2.6. 8
52	52	(e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of 9
53	53	state, except: 10
54	54	(1) If a later date is required by statute or specified in the rule, the later date is the effective 11
55	55	date; 12
56	56	(2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency 13
57	57	head and the governor, or the governor’s designee; 14
58	58	(3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective 15
59	59	thirty (30) days after publication, unless the agency specifies a later effective date; 16
60	60	(4) A final rule shall not be effective or enforceable until properly submitted and accepted 17
61	61	by the secretary of state; and 18
62	62	(5) No rule, promulgated in accordance with this chapter, shall become final, unless it is 19
63	63	approved by the general assembly, after the last agency rule making action has been completed, but 20
64	64	prior to its filing with the office of the secretary of state, pursuant to § 42-35-4(e), but in no case 21
65	65	later than December 31 of the year it was promulgated. 22
66	66	(f) The secretary of state shall maintain a permanent register of all filed rules and concise 23
67	67	explanatory statements for the rules. The secretary of state shall provide a copy of each certified 24
68	68	final rule to an agency upon request. The secretary of state shall publish the notice of each final 25
69	69	rule in the state register. 26
70	70	SECTION 2. This act shall take effect upon passage. 27
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77	77	EXPLANATION
78	78	BY THE LEGISLATIVE COUNCIL
79	79	OF
80	80	A N A C T
81	81	RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE
82	82	PROCEDURES
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84	84	This act would require that all agencies' final rules, promulgated pursuant to the 1
85	85	administrative procedures act, be approved by general assembly action, but in no case later than 2
86	86	December 31 of the year it is promulgated before it can become effective. 3
87	87	This act would take effect upon passage. 4
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