House Bill #6112 (2019)

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE PROCEDURES

Requires state departments, agencies to promulgate rules and regulations prior to the first day of the next legislative session after passage with general assembly oversight committees to keep public record of same.

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Changes since original draft

  • 2019 – H 6112
  • 2019 – H 6112 SUBSTITUTE A
  • ========
  • LC002624
  • LC002624/SUB A
  • ========
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE
  • PROCEDURES
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE
  • PROCEDURES
  • Introduced By: Representatives Lima, Ucci, Costantino, Corvese, and Serpa
  • Date Introduced: May 15, 2019
  • Referred To: House Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 42-20 of the General Laws entitled "Administration of State Departments" is hereby amended by adding thereto the following section:
  • 42-20-17. Implementation of rules and regulations.
  • (a) Whenever, pursuant to law, any state agency is required to promulgate rules and regulations, the state agency shall promulgate said rules and regulations by the first day of the next legislative session. Rules and regulations not promulgated in a timely fashion, shall require a written communication submitted to the clerks indicating the reason for the delay from the agency responsible for the submission of their rules and regulations.
  • (b) Upon the promulgation of rules and regulations pursuant to this section, the director, or designee, shall cause a copy of the rules and regulations to be delivered to the clerk of the house oversight committee, and the clerk of the senate government oversight committee for review.
  • SECTION 2. Chapter 42-35 of the General Laws entitled "Administrative Procedures" is hereby amended by adding thereto the following section:
  • 42-35-2.13. Oversight committee records.
  • Any bill enacted into law that calls for the promulgation of rules and regulations, necessary for the implementation of the provisions of the law by any agency of the state, shall have a copy of the law transmitted to the house oversight committee and senate government oversight committee, which shall keep a public record as to which state agency is responsible for the promulgation of the rules and regulations, and the date of enactment into law.
  • SECTION 3. This act shall take effect upon passage. ======== LC002624 ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE
  • PROCEDURES
  • ***
  • This act would require state departments, when required by law, to timely promulgate their rules and regulations, and would also require the house of representatives and senate oversight committees to keep a public record of the rules and regulations adopted by each state agency. This act would further require that the state agencies promulgate the rules and regulations by the first day of the next legislative session.
  • This act would take effect upon passage. ======== LC002624 ========
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Chapter 42-20 of the General Laws entitled "Administration of State Departments"is hereby amended by adding thereto the following section:
  • 42-20-17. Implementation of rules and regulations.
  • (a) Whenever, pursuant to law, any state agency is required to promulgate rules and regulations, the state agency shall promulgate said rules and regulations by the first day of the next legislative session. Rules and regulations not promulgated in a timely fashion, shall require a written communication submitted to the speaker of the house and the president of the senate indicating the reason for the delay from the agency responsible for the submission of their rules and regulations.
  • (b) Upon the promulgation of rules and regulations pursuant to this section, the director, or designee, shall cause a copy of the rules and regulations to be delivered to the speaker of the house and the president of the senate for assignment to the appropriate house committee and senate committee for review.
  • SECTION 2. Chapter 42-35 of the General Laws entitled "Administrative Procedures"is hereby amended by adding thereto the following section:
  • 42-35-2.13. Reporting requirements.
  • Any bill enacted into law that calls for the promulgation of rules and regulations, necessary for the implementation of the provisions of the law by any agency of the state, shall have a copy of the law transmitted to the speaker of the house and the president of the senate for assignment to the appropriate house committee and senate committee which shall keep a public record as to which state agency is responsible for the promulgation of the rules and regulations, and the date of enactment into law.
  • SECTION 3. This act shalltake effect upon passage. ======== LC002624/SUB A ========
  • LC002624/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO STATE AFFAIRS AND GOVERNMENT - ADMINISTRATIVE
  • PROCEDURES
  • ***
  • This act would require state departments, when required by law, to timely promulgate their rules and regulations by the first day of the next legislative session, and would require that the house of representatives and senate assign a committee to keep a public record of the state agencies responsible for adopting rules and regulations.
  • This act would take effect upon passage. ======== LC002624/SUB A ========
  • LC002624/SUB A - Page 3of 3

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