CHAPTER 275

95-S 1147

Effective Without the Governor's Signature

Jul. 5, 1995.

AN ACT RELATING TO ADMINISTRATIVE PROCEDURES

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-35-4 of the General Laws in Chapter 42-35 entitled "Administrative Procedures" is hereby amended to read as follows:

{ADD 42-35-4. Filing and taking effect of rules. -- ADD} (a) Upon adoption of a rule each agency shall file forthwith in the office of the secretary of state a certified copy of each such rule, and shall certify its compliance with the procedural requirements of section 42-35-3. The secretary of state shall keep a permanent register of the rules open to public inspection.

(b) Each rule hereafter adopted is effective twenty (20) days after filing with the secretary of state, except that:

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

(2) Subject to applicable constitutional or statutory provisions, an emergency rule may become effective immediately upon filing with the secretary of state, or at a stated date less than twenty (20) days thereafter, if the agency finds that this effective date is necessary because of imminent perils to the public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule in the office of the secretary of state. The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

{ADD (3) Any rules, regulations or policy adopted by state departments, agencies or quasi-state departments or agencies which require any new expenditure of money or increased expenditure of money by a city or town shall take effect on July 1 of the calendar year following the year of adoption, provided, however when the rule, regulation or policy does not exceed what may be required by federal statute or regulation or court order, it shall take effect upon its effective date of adoption.

(4) Whenever it shall be determined by the governor that the postponement of the effective date of rules, regulations or policies of state departments, agencies or quasi-state departments or agencies, shall cause an emergency situation which imperils the public's safety or public health, the governor may by executive order suspend the operation of, in whole or in part, section 42-35-4(3) and such order shall remain in effect until it is rescinded by a subsequent executive order. ADD}

SECTION 2. Section 45-13-9 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

{ADD 45-13-9. Reimbursement to cities and towns for the costs of state mandates. -- ADD} (a)(1) The department of administration shall submit to the budget office by September 1 of each year, a report by each city and town, of the cost of state mandates established after January 1, 1979, to be reimbursed for the next preceding July 1 -- June 30 period.

(2) The budget office shall annually include the statewide total of the statement of costs of state mandates to be reimbursed in the state budget for the next fiscal year provided, however, that any costs resulting from the rules and regulations of state departments or agencies shall be allocated to the budgets of those departments or agencies.

(b) The state treasurer shall in July of each year distribute to cities and towns the reimbursements for state mandated costs in accordance with the report submitted by the department of administration to the state budget office.

{DEL (3) Any rules, regulations or policy adopted by state departments, agencies or quasi-state departments or agencies which requires any new expenditure of money or increased expenditure of money by a city or town shall take effect on July 1 of the calendar year following the year of adoption, provided, however when the rule, regulation or policy does not exceed what may be required by federal statute or regulation or court order, it shall take effect upon its effective date of adoption.

(4) Whenever it shall be determined by the governor that the postponement of the effective date of rules, regulations or policies of state departments, agencies or quasi-state departments or agencies, shall cause an emergency situation which imperils the public's safety or public's health, the governor may by executive order suspend the operation of, in whole or in part, section 45-13-9(3) and such order shall remain in effect until it is rescinded by a subsequent executive order. DEL}

SECTION 3. This act shall take effect upon passage.



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