Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0388 Compare Versions

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

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5	5	2025 -- S 0388
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7	7	LC000366
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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. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- SMALL BUSINESS
16	16	REGULATORY FAIRNESS IN ADMINISTRATIVE PROCEDURES
17	17	Introduced By: Senators Paolino, Rogers, de la Cruz, and E Morgan
18	18	Date Introduced: February 26, 2025
19	19	Referred To: Senate Commerce
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-35.1-5 of the General Laws in Chapter 42-35.1 entitled "Small 1
24	24	Business Regulatory Fairness in Administrative Procedures" is hereby amended to read as follows: 2
25	25	42-35.1-5. Small business enforcement ombudsman Small business ombudsman. 3
26	26	(a) The director of the department of business regulation shall designate an existing staff 4
27	27	member as a establish the position of “small business regulatory enforcement ombudsman,” who 5
28	28	shall report to the director of business regulation. 6
29	29	(b) The ombudsman shall: 7
30	30	(1) Work with each agency with regulatory or licensing authority over small businesses to 8
31	31	ensure that small business concerns that receive or are subject to an audit, on-site inspection, 9
32	32	compliance assistance effort, or other enforcement related communication or contact by agency 10
33	33	personnel are provided with a means to comment on the enforcement activity conducted by such 11
34	34	personnel businesses are provided assistance regarding a regulation or enforcement activity; 12
35	35	(2) Establish means to receive suggestions, feedbacks and comments from small business 13
36	36	concerns businesses regarding actions by agency employees conducting compliance or 14
37	37	enforcement activities; 15
38	38	(3) Within six (6) months of appointment, work with each regulating entity to develop and 16
39	39	publish reporting policies; 17
40	40	(4) Based on substantiated suggestions, feedbacks and comments received from small 18
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44	44	business concerns businesses, the ombudsman shall annually produce a public report to the general 1
45	45	assembly and affected agencies evaluating the enforcement activities of agency personnel, 2
46	46	including a rating of the responsiveness of the regulatory agencies policies detailing the activities 3
47	47	of the ombudsman to assist small businesses and providing legislative recommendations to improve 4
48	48	the small business climate; 5
49	49	(5) Coordinate and report annually on the activities, findings, and recommendations to the 6
50	50	general assembly and the directors of affected agencies; and 7
51	51	(6) Provide the affected agency with an opportunity to comment on reports prepared 8
52	52	pursuant to this chapter, and include a section of the final report in which the affected agency may 9
53	53	make such comments as are not addressed by the ombudsman; and 10
54	54	(7) Provide assistance to petition an agency or licensing authority as authorized under § 11
55	55	42-35-6. 12
56	56	SECTION 2. Section 42-35-6 of the General Laws in Chapter 42-35 entitled 13
57	57	"Administrative Procedures" is hereby amended to read as follows: 14
58	58	42-35-6. Petition for promulgation of rules Resident and Business Petition. 15
59	59	Any person resident or business located in Rhode Island may petition an agency or 16
60	60	licensing authority to promulgate adopt, change or repeal a rule policy or procedure. An agency 17
61	61	shall prescribe, by rule, the form of the petition and the procedure for its petition, submission, 18
62	62	consideration, and disposition. Not later than thirty (30) days after submission of a petition, the 19
63	63	agency shall: 20
64	64	(1) Deny the petition in a record writing to the petitioner and state its justify the reasons 21
65	65	for the denial; or 22
66	66	(2) Initiate rulemaking, policy or procedure changes. 23
67	67	(b) Rulemaking conducted under this section may be expedited by the agency or licensing 24
68	68	authority in compliance with this chapter. A final policy change or process improvement adopted 25
69	69	under this section shall be published with a summary and explanation on the agency’s website 26
70	70	where public notices and announcements are routinely maintained. 27
71	71	SECTION 3. Section 42-64-34 of the General Laws in Chapter 42-64 entitled "Rhode 28
72	72	Island Commerce Corporation" is hereby amended to read as follows: 29
73	73	42-64-34. Appointment of small business advocate. 30
74	74	(a) The director of the The ombudsman created in § 42-35.1-5 shall serve as the Rhode 31
75	75	Island commerce corporation shall appoint a staff person to serve as the corporation's small 32
76	76	business advocate. 33
77	77	(b) The small business advocate shall: 34
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81	81	(1) Identify and convey specific concerns raised by small business in providing notice to 1
82	82	the state agency proposing the regulation; 2
83	83	(2) Inform businesses regarding proposed regulation that may have a significant adverse 3
84	84	economic impact; and 4
85	85	(3) Formulate policies and procedures in accordance with chapter 35 of this title. 5
86	86	(c) The small business advocate may request from any government agency, and the agency 6
87	87	is authorized and directed to provide, any cooperation and assistance, services, and data as will 7
88	88	enable the small business advocate to properly perform or exercise any of the small business 8
89	89	advocate’s functions, duties, and powers under this chapter. 9
90	90	SECTION 4. This act shall take effect upon passage. 10
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97	97	EXPLANATION
98	98	BY THE LEGISLATIVE COUNCIL
99	99	OF
100	100	A N A C T
101	101	RELATING TO STATE AFFAIRS AND GOVERNMENT -- SMALL BUSINESS
102	102	REGULATORY FAIRNESS IN ADMINISTRATIVE PROCEDURES
103	103	***
104	104	This act would expand the duties of the small business ombudsman, by also having the 1
105	105	ombudsman serve as the Rhode Island commerce corporation's small business advocate. 2
106	106	This act would take effect upon passage. 3
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108	108	LC000366
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