SB190 Alabama 2012 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Session

Regular Session 2012

Title

Administrative Procedure Act, rules, Governor to approve new rules before they are certified, withdrawal by agency proposing, Chair of Joint Committee on Administrative Regulation Review auth. to approve, Secs. 41-22-6, 41-22-7, 41-22-23 am'd; Sec. 41-22-23.1 added (2012-20352)

Summary

SB190 tightens Alabama's Administrative Procedure Act by adding governor approval before rule certification, stronger legislative review, cost recovery for oversight, and a chair-approved withdrawal option for certified rules.

What This Bill Does

If passed, the bill requires the Governor to approve new rules before they are certified for publication; certified rules must be sent to the appropriate standing committees for a recommendation with specific timeframes. It extends the period before rules take effect to about 55 days after filing, subject to certain exceptions. It adds new oversight provisions, including a Chief Examiner of Public Accounts review of agency compliance with the act (with agencies reimbursing examination costs) and a process for reviewing and potentially amending or repealing existing rules; the Chair of the Joint Committee on Administrative Regulation Review may allow an agency to withdraw a certified rule.

Who It Affects

• State agencies that propose or adopt rules, as they must obtain Governor approval before certification, submit rules for committee review, prepare fiscal notes, and potentially withdraw or resubmit rules under committee oversight.
• The Governor, the Joint Committee on Administrative Regulation Review, the Legislative Reference Service, and the Chief Examiner of Public Accounts, as they gain new duties, oversight responsibilities, and cost-recovery roles related to rulemaking and compliance.

Key Provisions

• Governor must approve a rule before it can be certified to the Legislative Reference Service.
• Certified rules must be referred to the appropriate standing committees for recommendation, with defined timelines; if not returned within 30 days, the rule is deemed approved for effect.
• Rules become effective 55 days after filing with the Legislative Reference Service (subject to statutory or stated exceptions).
• New Section 41-22-23.1 requires the Chief Examiner of Public Accounts to review agency compliance with the Administrative Procedure Act during examinations and for agencies to reimburse the cost of those examinations.
• The Joint Committee on Administrative Regulation Review can review existing rules upon request by specified leaders and may propose amendments or repeal, notifying the agency and advising legislative action as needed.
• The Chair of the Joint Committee on Administrative Regulation Review is authorized to allow an administrative agency to withdraw a certified rule (with provisions for resubmission and limited notice).
• Fiscal notes for rules with economic impact must accompany proposals, detailing need, costs, benefits, impact on competition, and other economic and environmental considerations.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Administrative Law and Procedure