HB101 Alabama 2013 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2013

Title

Administrative Procedure Act, proposed rule changes, posting on website, business authorized to object, agency required to file a Business Economic Impact Statement with committee and Legislative Reference Service, review of all rules, Red Tape Reduction Act, Secs. 41-22-5.1, 41-22-5.2 added

Summary

HB101, known as The Red Tape Reduction Act, adds public notification, business impact statements for certain rules, and a mandatory five-year rule review process.

What This Bill Does

Requires agencies to post proposed rules on their website and electronically notify interested parties. If a rule may negatively affect a business, the agency must prepare a Business Economic Impact Statement (BEIS) with estimates of how many businesses are affected and the costs, and file it with the Joint Committee on Administrative Regulation Review and the Legislative Reference Service for public inspection. The committee may require agencies to analyze ways to reduce the rule's impact on business (e.g., lighter requirements, simpler schedules, or performance standards). Agencies must review all existing rules every five years and new rules must also be reviewed on a five-year cycle; certain exemptions apply, including emergency rules. The act also includes a 28-day licensing processing requirement for agencies and allows exemptions for multi-state membership rules.

Who It Affects

• Businesses: may gain more opportunity to review and influence proposed rules that could affect them, through BEIS and committee analysis of cost and impact.
• State agencies: must prepare BEIS, post it publicly, file with the Legislative Reference Service, notify the public, and conduct five-year rule reviews.
• Joint Committee on Administrative Regulation Review (and successor): receives BEIS, may require impact-reduction analyses, and oversees implementation.
• General public: gains access to proposed rule texts and BEIS information via agency websites and public records.
• Licensing/certification agencies: may be exempt from BEIS requirements unless the committee determines a negative impact; still must meet the 28-day processing rule.
• Legislative Reference Service: receives BEIS filings and makes them publicly accessible.

Key Provisions

• §41-22-5.1(a): Agencies must post proposed rule text on their website and electronically notify interested individuals when a notice of intent to adopt, amend, or repeal is filed.
• §41-22-5.1(b): If a business will be negatively impacted, the agency must prepare and submit a Business Economic Impact Statement with estimates of affected businesses and compliance costs to the Joint Committee and the Legislative Reference Service.
• §41-22-5.1(c): The committee may require the agency to analyze options to reduce business impact, such as less stringent requirements, schedules, consolidation, or performance-based standards.
• §41-22-5.1(d): BEIS must note any federal requirements related to the proposed rule.
• §41-22-5.1(e): BEIS must be filed with the Legislative Reference Service and made publicly available at the same time as the proposed rule.
• §41-22-5.1(f): Agencies must post the BEIS on their website or an equivalent executive-branch site.
• §41-22-5.1(g): Licensing or certification agencies may be exempt unless the committee determines a negative impact; the 28-day processing requirement for licenses or permits applies.
• §41-22-5.1(h): BEIS not required if the rule is for membership in a multi-state or national organization.
• §41-22-5.1(i): The BEIS provisions do not apply to emergency rules.
• §41-22-5.2(a): Within five years of the act’s effective date, agencies must review all existing rules to decide whether to continue, amend, or rescind; if not feasible, publish a statement.
• §41-22-5.2(b): Rules adopted after the act’s effective date must be reviewed every five years.
• Section 3: The act becomes law on the first day of the third month after final passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Administrative Law and Procedure