Rhode Island 2025 Regular Session

Rhode Island House Bill H5085

Introduced
1/16/25  

Caption

Requires that all agencies' final rules, promulgated pursuant to the administrative procedures act, be approved by general assembly action, but in no case later than December 31 of the year it is promulgated before it can become effective.

Impact

The implications of HB 5085 are significant as it alters the existing framework under which state agencies operate. By requiring legislative approval for final rules, the bill could lead to increased scrutiny of regulatory actions. Proponents argue that this added layer of oversight enhances democratic accountability and protects citizens from potentially onerous regulations imposed without sufficient public input. However, it may also slow down the rulemaking process, as agencies will need to await legislative schedules and actions.

Summary

House Bill 5085 pertains to the administrative procedures governing state agencies in Rhode Island. The bill mandates that all final rules issued by state agencies must receive approval from the General Assembly prior to their effective date, which is set to December 31 of the year the rule is promulgated. This legislation aims to bolster legislative oversight of agency rulemaking, ensuring that all administrative rules reflect the interests and concerns of the public and elected representatives.

Conclusion

In summary, HB 5085 represents a significant shift in the balance of power between legislative and executive branches in Rhode Island's governance framework. By imposing additional requirements for the implementation of agency rules, it invites further debate about the proper role of legislative oversight in administrative processes.

Contention

Notably, there are points of contention surrounding this bill. Opponents argue that such a requirement could inhibit the ability of agencies to respond swiftly to emerging issues, particularly in areas requiring timely regulatory responses, such as public health or environmental protection. They may contend that the legislative process could lead to politicization of crucial regulations, adversely affecting the efficiency and effectiveness of state governance.

Companion Bills

No companion bills found.

Previously Filed As

RI H7178

Requires that all agencies' final rules, promulgated pursuant to the administrative procedures act, be approved by general assembly action, but in no case later than December 31 of the year it is promulgated before it can become effective.

RI S2746

Requires that any lease of tidal lands, or any license issued to use those lands, be approved by the general assembly, and that the coastal resources management council review all request prior to presentation to the general assembly.

RI H5187

Administrative Procedures

RI H7667

Provides that a court shall decide cases without deference to administrative agency interpretation of rules.

RI S2378

Requires the department of health to amend its rules and regulations that allow for DEA-registered pharmacies to transfer electronic prescriptions at a patient's request.

RI H7025

Designates a special account for veterans' causes to be funded by Keno sales, less prizes and commissions, generated on Memorial Day and Veterans Day with disbursement pursuant to appropriation by the general assembly.

RI H7730

Allows the taking of wild turkeys by using a crossbow in compliance with rules and regulations promulgated by DEM.

RI S2154

Allows the taking of wild turkeys by using a crossbow in compliance with rules and regulations promulgated by DEM.

RI H7566

Requires the department of health to amend its rules and regulations that allow for DEA-registered pharmacies to transfer electronic prescriptions at a patient's request (21 CFR Part 1306

RI S0381

Procedure Generally -- Causes Of Action

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