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HB 8297

AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- ADMINISTRATIVE PROCEDURES

2026 Regular Session Introduced by Michelle McGaw and 2 co-sponsors

Replaces periodic rule refile with a mandatory, multi-year confirmation/attestation that active rules remain in force, while preserving notice and rulemaking processes.

06/23/2026 Signed by Governor
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WeVote Research Nonpartisan
Bill Summary · HB 8297

Summary of HB 8297 (Rhode Island, 2026)

Purpose and intent

HB 8297 proposes to reform Rhode Island’s administrative procedure process by changing how state agency rules and regulations are reviewed and kept in effect. The core idea is to replace the long-standing periodic refiling requirement with a system of ongoing confirmation and attestation that rules remain active and properly promulgated. The bill also repeals the existing periodic refiling provision.

Key provisions

  • New confirmation/attestation requirement (Section 42-35-4.1):

    • Agencies must, by January 2, 2002 and then on the first Tuesday in January every fifth year thereafter (following a schedule set by the Secretary of State), file an electronic notice with the Secretary of State.
    • The notice must attest that all lawfully adopted rules currently in force have been reviewed by the agency and shall remain effective as previously promulgated.
    • Even with this attestation, any adoption, amendment, repeal, or other promulgation activity must continue to occur through the established rulemaking process in this chapter.
    • Agencies must provide 30 days’ notice before refiling to comply with this section and 30 days’ notice before the due date indicating which rules will not be refiled. Public notice must be given to individuals who have requested advance notice and published in newspapers with statewide circulation.

  • Coordination and schedule (Section 42-35-4.1, ongoing):

    • The Secretary of State will establish the schedule and process for agency refiling and coordination of compliance.

  • Elimination of periodic refiling (Section 42-35-4.2 repealed):

    • The existing requirement that all rules on file be refiled on the first Tuesday in January 2007 and then on the first Tuesday in January of every successive fifth year is repealed.

Who is affected

  • State agencies covered by the Administrative Procedures act will need to implement the new confirmation/attestation process, maintain internal reviews of their rules, and prepare the required notices.
  • Secretary of State will administer the scheduling and coordination of the refiling/confirmation process and manage public notices.
  • Public and stakeholders: public notice requirements are maintained for those who request advance notice of rulemaking, and newspapers with statewide circulation must publish notices.

Procedural and timeline aspects

  • Effective date: The act takes effect upon passage.
  • Initial implementation: Agencies must prepare and file the confirmation/attestation by the specified schedule, beginning January 2, 2002 and continuing every fifth year thereafter (as per the amended text). Note: This date appears to be a historical reference in the text; in practice, the bill would dictate the schedule going forward from enactment.
  • Notice obligations: Agencies must provide 30-day notices prior to refiling and 30 days before the due date to indicate non-refiled rules. Notices must be distributed to individuals who requested advance notice and published publicly.

Implications and potential impact

  • Administrative efficiency: The bill aims to streamline the process by eliminating mandatory periodic refiling while maintaining accountability through a system of confirmation that rules are active and properly promulgated.
  • Regulatory certainty: By requiring explicit attestation that rules remain in force, agencies provide a formal affirmation of ongoing validity, potentially reducing gaps or ambiguities in enforceability.
  • Public participation: Retains public notice requirements, including newspaper publication, and ensures stakeholders can receive advance notice of rule actions.
  • Scope of change: The substantive shift is procedural rather than substantive—no new rules are created or amended by the bill itself; instead, it changes how and when rules are reaffirmed as effective.

If you’d like, I can compare this with Rhode Island’s current rulemaking timelines or provide a brief impact assessment for agencies or a plain-language FAQ for the public.

Compiled from official sources — confirm details with the bill’s official record.

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