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BILL AS INTRODUCED 2007-2008

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H.66

Introduced by   Representative Jewett of Ripton

Referred to Committee on

Date:

Subject:  Executive branch; administrative procedure; rules; internet

Statement of purpose:  This bill proposes to require all state agencies to publish proposed rules, final proposed rules, and adopted rules on their internet websites and to require the secretary of state to publish all adopted rules of state agencies on the internet in a comprehensive and searchable database.

AN ACT RELATING TO INTERNET PUBLICATION OF STATE AGENCY RULES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  3 V.S.A. § 838 is amended to read:

§ 838.  FILING OF PROPOSED RULES

(a)  Proposed rules shall be filed with the secretary of state and published on the agency’s internet website.  The filing shall include the following:

* * *

(b)  The cover sheet shall be on a form prepared by the secretary of state containing at least the following information:

* * *

(9)  a proposed schedule for completing the requirements of this chapter, including, if there is a hearing scheduled, the date, time, and place of that hearing, and a deadline for receiving comments; and

(10)  a signed and dated statement by the adopting authority approving the contents of the filing; and

(11)  the agency’s internet website address and a direct link to the proposed rule at that address.

Sec. 2.  3 V.S.A. § 841(a) is amended to read:

(a)  After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the secretary of state and with the legislative committee on administrative rules, and shall publish the final proposed rule on the agency’s internet website.

Sec. 3.  3 V.S.A. § 843 is amended to read:

§ 843.  FILING OF ADOPTED RULES

* * *

(c)  Adoption shall be complete upon proper filing with the secretary of state and with the legislative committee on administrative rules.  An agency shall have eight months from the date of initial filing with the secretary of state to adopt a rule unless extended by action or request of the legislative committee on administrative rules.  The secretary of state shall refuse to accept a final filing after that date.  An adopted rule which is filed with the secretary of state and the legislative committee on administrative rules shall immediately thereafter be published on the agency’s internet website, and a link to that address shall be provided to the secretary of state and the Vermont bar association.  The adopted rule which is filed with the secretary of state shall be the official adopted rule.  In the event that there is a discrepancy between the adopted rule published on an agency’s internet website and the adopted rule filed with the secretary of state’s office, the adopted rule filed with the secretary of state’s office shall be the adopted rule.

(d)  Adopted rules filed shall include:

(1)  A cover sheet on a form prepared by the secretary of state containing at least the following information:

(A)  the name of the agency;

(B)  the title or subject of the rule;

(C)  a brief summary of any changes made since the filing of the final proposed rule, including any changes in expected economic impact;

(D)  a summary of the dates on which the agency complied with the procedural requirements of this chapter; and

(E)  a signed and dated statement by the adopting authority that the procedural requirements of this chapter have been met and that the adopting authority approves of the contents of the filing; and

(F)  the agency’s internet website address and a direct link to the adopted rule at that address; and

* * *

Sec. 4.  3 V.S.A. § 847 is amended to read:

§ 847.  AVAILABILITY OF ADOPTED RULES; RULES BY SECRETARY

            OF STATE

* * *

(e)  The secretary of state shall publish on the internet all adopted rules of state agencies in a comprehensive and searchable database.

(f)  The secretary of state shall adopt rules for the effective administration of this chapter.  These rules shall be applicable to every agency and shall include but not be limited to uniform procedural requirements, style, appropriate forms and, a system for compiling and indexing rules, and a system for accessing, searching, compiling, and indexing adopted rules on the internet.

Sec. 5.  PUBLICATION OF ADOPTED RULES

By January 1, 2008, each state agency shall publish all of its adopted rules on its internet website in a manner which is easily accessible to the public. Each agency shall also provide the secretary of state with a direct link to that address in order to assist the secretary with compliance with subsection 847(e) of Title 3.  Any rule which does not comply with this section shall be unenforceable, and if the validity of the rule is challenged in a court of competent jurisdiction, the court shall hold the rule invalid.

Sec. 6.  EFFECTIVE DATE

This act shall take effect upon passage and shall apply to all adopted rules, to all proposed rules, and to all final proposed rules which are filed after the effective date of this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us