2014 -- H 7703

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LC004441

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE

PROCEDURES ACT

     

     Introduced By: Representatives Serpa, Silva, and Fellela

     Date Introduced: February 27, 2014

     Referred To: House Small Business

     (Administration)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-35-3.4 of the General Laws in Chapter 42-35 entitled

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

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     42-35-3.4. Periodic review of rules. -- (a) Within two (2) years after December 31,

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2008, each Each agency shall review all agency rules existing at the time of enactment to

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determine whether such rules should be continued without change, or should be amended or

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rescinded, by examining whether the rules are consistent with the stated objectives of applicable

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statutes and are authorized by, and conform with, those statutes. The review must include, but

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need not be limited to, minimizing the economic impact of the rules on small businesses in a

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manner consistent with the objectives of applicable statutes and ensuring consistency with and

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conformance with those statutes. If the head of the agency determines that completion of the

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review of existing rules is not feasible by the established date, the agency shall publish a

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statement certifying that determination and shall provide a copy of that statement and

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determination to the speaker of the house, the senate president, the house fiscal advisor, and the

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senate fiscal advisor. The statement shall include the number of rules that have thus far been

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reviewed by the agency in accordance with this section, and the number still to be reviewed. The

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agency may extend the completion date by one year at a time for a total of not more than five (5)

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years.

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      (b) In reviewing rules, the agency shall consider the following factors:

 

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      (1) The continued need for the rules;

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      (2) The nature of complaints or comments received concerning the rule from the public;

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      (3) The complexity of the rule;

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      (4) The extent to which the rule overlaps, duplicates, or conflicts with other federal,

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state, and local government rules;

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      (5) The length of time since the rule has been evaluated or the degree to which

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technology, economic conditions, or other factors have changed in the area affected by the rule.;

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      (6) Whether the rules are consistent with current agency practices and procedures; and

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      (7) Whether the rules are consistent with and authorized by applicable statutes.

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      (c) All rules reviewed in accordance with this section, shall be reviewed every five (5)

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years thereafter.

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      (d) In addition to the review required in this section, within four (4) years of enactment

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of this act, each agency shall review all agency rules existing at the time of enactment to

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determine whether such rules should be continued without change, or should be amended or

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rescinded, to minimize economic impact of the rules on small businesses in a manner consistent

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with the state objective of applicable statutes pursuant to this section. Beginning on July 1, 2012,

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each agency shall review twenty-five percent (25%) of its regulations each year for four (4) years

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until all existing regulations have been evaluated for any adverse impacts on small businesses and

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economic impact statements have been prepared, with the exception of emergency regulations

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adopted in accordance with subsection §42-35-3(b);.

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      The office of regulatory reform shall assist and coordinate with all agencies during the

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periodic review of rules.

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     (e) Beginning January 1, 2017, this periodic review timeline will align with the required

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refiling of rules and regulations process with the Rhode Island secretary of state's office pursuant

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to § 42-35-4.1.

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     SECTION 2. 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 ACT

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     This act would align the review of administrative rules with the refiling of rules and

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regulations process.

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     This act would take effect upon passage.

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