2014 -- H 7703

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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:

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

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

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

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

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

rescinded, by examining whether the rules are consistent with the stated objectives of applicable

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

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

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

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

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

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

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

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

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

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

years.

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

      (1) The continued need for the rules;

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

      (3) The complexity of the rule;

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

state, and local government rules;

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

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

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

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

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

years thereafter.

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

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

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

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

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

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

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

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

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

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

periodic review of rules.

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

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

to § 42-35-4.1.

     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

***

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

regulations process.

     This act would take effect upon passage.

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