S 2400Government

State Affairs and Government - Administrative Procedures

Requires the General Assembly to vote and approve any new state agency rule before it can become official.

Held for study

Population
Affected

Introduced Jan 30, 2026Committee Senate Judiciary

Plain-English Summary

This legislation fundamentally changes how state government agencies in Rhode Island create and finalize regulations. Currently, agencies can implement rules within their authority after a public comment period. This bill mandates that no new rule created by an agency shall become final or enforceable unless the General Assembly (the state legislature) explicitly votes to approve it. Furthermore, agencies must email a copy of any certified final rule to all members of the General Assembly within twenty days of filing it. This effectively shifts the final authority for administrative rulemaking from the executive agencies to the legislature.

For younger readers

Imagine if your teacher wanted to make a new rule for the class, like "no talking during lunch." Right now, the teacher can just make that rule. This bill changes the law so that before the teacher (in this case, government agencies like the Department of Health or the DMV) can make a rule official, the whole school council (the people elected to run the state) has to vote "yes" on it first. This means it will be much harder and take longer for the government to make new rules.

Who & Where It Applies

Impacted groups

State Government AgenciesGeneral Assembly MembersBusiness OwnersRegulatory Compliance OfficersGeneral Public

Impacted communities

All

Constitutional & Fiscal Check

Moderate risk

Moderate Risk. This bill creates a "legislative veto" mechanism. Courts in other jurisdictions and the federal level (INS v. Chadha) have found similar mechanisms unconstitutional because they allow the legislature to control the execution of laws (an Executive function) or bypass the standard lawmaking process (Presentment Clause) required to alter legal rights. By requiring legislative approval for *all* rules, it may violate the Separation of Powers doctrine in the Rhode Island Constitution.

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Increases democratic accountability by ensuring that unelected agency officials cannot enact binding rules without the express consent of elected representatives.
Provides a mechanism to check the power of the Executive branch, potentially preventing a hostile administration from unilaterally enacting regulations that could harm vulnerable communities.
Enhances transparency in the rulemaking process, ensuring that all legislators are directly notified of new rules, which facilitates greater public awareness and scrutiny.
Creates significant barriers to enacting necessary regulations that protect the environment, worker safety, and public health, essentially favoring deregulation by default.
Undermines the expertise of career civil servants and scientists in agencies by subjecting technical, evidence-based rules to political gridlock and partisan voting.
Slows down the government's ability to respond to emergencies or changing circumstances, as every rule change must wait for a legislative vote, potentially leaving gaps in the social safety net.

For Conservatives

Reins in the "administrative state" by stripping unelected bureaucrats of the power to impose binding mandates on citizens and businesses without direct legislative approval.
Protects businesses and individuals from regulatory overreach, likely reducing the volume of red tape and compliance costs that stifle economic freedom.
Restores the constitutional separation of powers by reasserting that the legislature is the only body authorized to make laws, preventing the Executive branch from legislating through regulation.
Could inadvertently hinder a conservative governor's administration from quickly repealing or modifying existing burdensome regulations if the legislature is slow to act or controlled by the opposition.
Significantly increases the workload of the legislature, potentially distracting lawmakers from other core conservative priorities like tax reform or budget cuts.
May create uncertainty for businesses if routine rule updates required for operations are held up indefinitely by legislative scheduling or inaction.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 6 additions

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

(a) An agency shall file each final rule with the secretary of state. An agency may not file a final rule until the public comment period has ended. In filing a final rule, an agency shall use a standardized form and process for submission determined by the secretary of state. The secretary of state shall affix to each final rule a certification of the time and date of filing. The secretary of state may reject the final rule if an agency fails to use the standardized format or fails to adhere to the codification requirements or any other publication requirements or rules promulgated by the secretary of state’s office pursuant to § 42-35-5. The secretary of state shall reject the improper final rule by returning it to the director of the agency that submitted the improper form within fifteen (15) days of receipt.

(b) The secretary of state, with notification to the agency, may make minor nonsubstantive corrections in spelling, grammar, and format in a proposed or final rule. The secretary of state shall make a record of the corrections.

(c) The agency shall file the rule not later than one hundred eighty (180) days after close of the public comment period. If that rule is not filed within one hundred eighty (180) days, the agency must restart the rulemaking process pursuant to this chapter.

(d) A final rule filed by an agency with the secretary of state under this section must contain the text of the rule and be accompanied by a record that contains:

(1) The date the final rule was signed by the relevant agency head;

(2) A reference to the specific statutory or other authority authorizing the rule;

(3) Any finding required by law as a prerequisite to the proposed rule or effectiveness of the rule;

(4) The effective date of the rule; and

(5) A concise explanatory statement as defined by § 42-35-2.6.

(e) Each rule hereafter shall be effective twenty (20) days after filing with the secretary of state, except:

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

(2) An emergency rule under § 42-35-2.10 becomes effective upon signature by the agency head and the governor, or the governor’s designee;

(3) A direct final rule under § 42-35-2.11, to which no objection is made, becomes effective thirty (30) days after publication, unless the agency specifies a later effective date;

(4) A final rule shall not be effective or enforceable until properly submitted and accepted by the secretary of state; and

(5) No rule, promulgated in accordance with this chapter, shall become final, unless it is approved by the general assembly, after the last agency rule making action has been completed, but prior to its filing with the office of the secretary of state, pursuant to the provision of this subsection, but in no case later than December 31 of the year it was promulgated.

(f) The secretary of state shall maintain a permanent register of all filed rules and concise explanatory statements for the rules. The secretary of state shall provide a copy of each certified final rule to an agency upon request. The secretary of state shall publish the notice of each final rule in the state register.

(g) Within twenty (20) days of filing a final rule with the secretary of state, the agency shall provide a copy of each certified final rule via electronic mail to all members of the general assembly.

SECTION 2. This act shall take effect upon passage.