2014 -- S 2457
Enacted 06/16/14
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE PROCEDURES ACT
Introduced By: Senators Felag, Sosnowski, Lynch, Bates, and Goodwin
Date Introduced: February 27, 2014
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be continued without change, or should be amended or rescinded, by examining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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LC004239
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