Chapter 359

2009 -- H 5376

Enacted 11/13/09

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES

Introduced By: Representatives Ajello, Fox, Walsh, Lally, and Handy

Date Introduced: February 10, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 42-35 of the General Laws entitled "Administrative Procedures" is

hereby amended by adding thereto the following section:

42-35-2.5. Electronic posting of advance notice of proposed rulemaking. – (a) In

order to afford all interested persons reasonable opportunity to submit data, views or arguments,

any website maintained by the office of the secretary of state in accordance with subdivision 42-

35-3(a)(1) shall be formatted so as to allow members of the public to view advanced notices of

proposed rulemaking by the date of posting and by the agency that posted them. In addition, such

website shall contain an up-to-date list of all agencies using the website as their primary source

for proposed rulemaking notices.

(b) Any agency submitting advance notice of proposed rulemaking via electronic media

on the website maintained by the secretary of state shall do so in accordance with procedures

established by the secretary of state. The agency shall also post such notice on the agency's own

website. Unless and until an agency formally withdraws from submitting proposed rulemaking

via electronic media, the agency shall submit all advance notices of proposed rulemaking in this

fashion; provided, however, nothing contained herein shall prohibit the agency from also posting

notices in a newspaper publication.

(c) If an agency utilizing electronic posting as its primary source for advanced proposed

rulemaking notices is required to make available a summary of all non-technical differences

between the existing and proposed rules pursuant to subdivisions 42-35-3(a)(1) and 42-35-

3(a)(5), that summary shall also be available on the website maintained by the secretary of state.

(d) The office of the secretary of state shall establish a process to provide timely

notification via electronic mail, to any person so requesting, any agency advance notices of

proposed rulemaking submitted via electronic media pursuant to subdivision 42-35-3(a)(1).

SECTION 2. This act shall take effect upon passage.

=======

LC00762

=======