2026 -- H 8297 | |
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LC005961 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE | |
PROCEDURES | |
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Introduced By: Representatives Read, Noret, and McGaw | |
Date Introduced: March 13, 2026 | |
Referred To: House State Government & Elections | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-35-4.1 of the General Laws in Chapter 42-35 entitled |
2 | "Administrative Procedures" is hereby amended to read as follows: |
3 | 42-35-4.1. Refiling of rules and regulations Confirmation of effective rules and |
4 | regulations. |
5 | (a) Each agency shall, on or before January 2, 2002 on the first Tuesday in January of every |
6 | successive fifth year, according to a schedule and process specified by the secretary of state, file |
7 | with the secretary of state an electronic list of notice listing all its lawfully adopted rules that are in |
8 | force on the date of the filing said notice attesting that all its lawfully adopted rules have been |
9 | reviewed by the agency and thereby confirm all its lawfully adopted rules shall remain effective as |
10 | previously promulgated. Notwithstanding the electronic notice and the filing thereof as prescribed |
11 | in this section, any adoption, amendment, repeal, or other promulgation activity, as defined in § 42- |
12 | 35-1, shall be undertaken only in accordance with the rulemaking process set forth in this chapter. |
13 | (b) Each agency shall give notice thirty (30) days prior to refiling any rule or regulation in |
14 | order to comply with this section. Each agency shall also give notice, thirty (30) days prior to that |
15 | agency’s due date for refiling, of which rules and regulations it shall not be refiling. The notices |
16 | shall include a statement of the intended action and a description of the subjects and issues involved. |
17 | The public notice of the refile shall be provided to all persons who have made timely request of the |
18 | agency for advance notice of its rulemaking proceedings, and published in a newspaper, or |
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1 | newspapers, having aggregate general circulation throughout the state. |
2 | (c) Agency compliance with this section shall be coordinated in accordance with a schedule |
3 | established by the secretary of state for agency refiling of rules. |
4 | SECTION 2. Section 42-35-4.2 of the General Laws in Chapter 42-35 entitled |
5 | "Administrative Procedures" is hereby repealed. |
6 | 42-35-4.2. Periodic refiling of rules and regulations. |
7 | All rules on file with the secretary of state pursuant to § 42-35-4.1 shall be refiled on the |
8 | first Tuesday in January 2007 and on the first Tuesday in January of every successive fifth year. |
9 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE | |
PROCEDURES | |
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1 | This act would amend the refiling process for rules and regulations under the administrative |
2 | procedures act by implementing a confirmation and attestation system to confirm agency rules and |
3 | regulations are active and effective and would repeal the section of law relating to periodic refiling |
4 | of rules and regulations. |
5 | This act would take effect upon passage. |
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