2025 -- H 5522

========

LC001599

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES

     Introduced By: Representatives Corvese, Solomon, Azzinaro, Serpa, and DeSimone

     Date Introduced: February 13, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-35-2.7 and 42-35-4 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" are hereby amended to read as follows:

     42-35-2.7. Notice of proposed rulemaking.

     (a) At least thirty (30) days before the filing of a final rule with the secretary of state, an

agency shall publish the notice of the proposed rulemaking on the agency’s website. The agency

shall file notice of the proposed rulemaking with the secretary of state, in accordance with

procedures established by the secretary of state, for publication in the state register and for

electronic notification to interested parties pursuant to subsection (c). The notice shall be mailed

by the agency to all persons who have made timely request of the agency for notice of its

rulemaking proceedings, and published in a newspaper or newspapers having aggregate general

circulation throughout the state; provided, however, that if the action is limited in its applicability

to a particular area, then the publication may be in a newspaper having general circulation in the

area. In lieu of newspaper publication, advance notice of proposed rulemaking by all agencies may

be posted via electronic media on a website maintained by the office of secretary of state. Copies

of proposed rules shall be available at the agency at the time of the notice required by this

subsection, and by mail to any member of the public upon request.

     (b) The notice shall include:

     (1) A short explanation of the purpose of the proposed rule;

     (2) A citation or reference to the specific, legal authority authorizing the proposed rule;

     (3) The text of the proposed rule;

     (4) How a copy of the full text of any regulatory analysis of the proposed rule may be

obtained;

     (5) Where, when, and how a person may comment on the proposed rule and request a

hearing, including the beginning and end dates of the public-comment period;

     (6) The date of the filing of the notice of the proposed rulemaking with the secretary of

state;

     (7) A citation to each scientific or statistical study, report, or analysis that served as a basis

for the proposed rule, together with an indication of how the full text of the study, report, or analysis

may be obtained;

     (8) Any proposed additions, deletions, or other amendments to the rules and regulations.

New proposed language must be clearly marked using underline formatting for proposed insertions,

and strikethrough formatting for proposed deletions. If an agency proposes a new rule which will

supersede an existing rule, the agency shall make available a summary of all non-technical

differences between the existing and proposed rules. An agency’s lawful promulgation of

amendments to an existing rule shall be deemed to supersede and repeal the previous enactments

of that rule, provided that the public notice required under subdivision (a)(1) indicated such an

intent; and

     (9) Any regulatory analysis prepared under § 42-35-2.9.

     (c) The secretary of state shall establish a process to provide timely notification via

electronic mail to any person that requests information concerning agency notices of proposed

rulemaking. Requests under this section may be submitted to the secretary of state’s office through

its website.

     (d) At least thirty (30) days before the filing of a final rule with the secretary of state, an

agency shall provide the notice of the proposed rulemaking, including the text of the proposed rule

as prescribed in subsection (b) of this section, via electronic mail to all members of the general

assembly.

     42-35-4. Filing and taking effect of rules.

     (a) An agency shall file each final rule with the secretary of state. An agency may not file

a final rule until the public comment period has ended. In filing a final rule, an agency shall use a

standardized form and process for submission determined by the secretary of state. The secretary

of state shall affix to each final rule a certification of the time and date of filing. The secretary of

state may reject the final rule if an agency fails to use the standardized format or fails to adhere to

LC001599 - Page 2 of 5

the codification requirements or any other publication requirements or rules promulgated by the

secretary of state’s office pursuant to § 42-35-5. The secretary of state shall reject the improper

final rule by returning it to the director of the agency which submitted the improper form within

fifteen (15) days of receipt.

     (b) The secretary of state, with notification to the agency, may make minor non-substantive

corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall

make a record of the corrections.

     (c) The agency shall file the rule not later than one hundred eighty (180) days after close

of the public-comment period. If that rule is not filed within one hundred eighty (180) days, the

agency must restart the rulemaking process pursuant to this chapter.

     (d) A final rule filed by an agency with the secretary of state under this section must contain

the text of the rule and be accompanied by a record that contains:

     (1) The date the final rule was signed by the relevant agency head;

     (2) A reference to the specific statutory or other authority authorizing the rule;

     (3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of

the rule;

     (4) The effective date of the rule; and

     (5) A concise explanatory statement as defined by § 42-35-2.6.

     (e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of

state, except:

     (1) If a later date is required by statute or specified in the rule, the later date is the effective

date;

     (2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency

head and the governor, or the governor’s designee;

     (3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective

thirty (30) days after publication, unless the agency specifies a later effective date;

     (4) A final rule shall not be effective or enforceable until properly submitted and accepted

by the secretary of state.

     (f) The secretary of state shall maintain a permanent register of all filed rules and concise

explanatory statements for the rules. The secretary of state shall provide a copy of each certified

final rule to an agency upon request. The secretary of state shall publish the notice of each final

rule in the state register.

     (g) Within twenty (20) days of filing a final rule with the secretary of state, the agency shall

provide a copy of each certified final rule via electronic mail to all members of the general

LC001599 - Page 3 of 5

assembly.

     SECTION 2. This act shall take effect upon passage.

========

LC001599

========

LC001599 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES

***

     This act would require that, thirty (30) days prior to filing a final administrative rule with

the secretary of state, the agency proposing the new rule, send the text of the rule to all members

of the general assembly. It would also require the rule adopting agency to send a copy of the

certified rule to all members of the general assembly, within twenty (20) days of filing a final rule.

     This act would take effect upon passage.

========

LC001599

========

LC001599 - Page 5 of 5