HB148 Alabama 2013 Session

Summary

Primary Sponsor

Greg Wren

Republican

Session

Regular Session 2013

Title

Administrative Procedure Act, rules, approval and disapproval by Joint Legislative Committee, procedures, appeal of disapproval to Lt. Gov., Secs. 41-22-5, 41-22-6, 41-22-22, 41-22-23, 41-22-24 am'd.

Summary

HB148 would require affirmative approval from a new Joint Committee on Legislative Operations before any agency rule can take effect, shifting rule review from the Legislative Council and creating an appeal path to the Lieutenant Governor with possible legislative overruling.

What This Bill Does

If passed, no rule would become effective until the Joint Committee on Legislative Operations affirms it. If the committee disapproves, the rule is deemed disapproved and blocked, with suspension pending legislative action. The disapproval can be appealed to the Lieutenant Governor, who may approve the rule, after which the Legislature can overrule with a joint resolution. The bill also updates notice, public input, emergency rule, and fiscal-note requirements for rulemaking.

Who It Affects

• State agencies proposing rules: must obtain affirmative approval from the Joint Committee on Legislative Operations before rules take effect; must provide mandatory public notice (60–90 days), allow data/views, and prepare fiscal notes; rules can be disapproved and delayed by committee action.
• Lieutenant Governor and the Legislature: have a new role in reviewing and potentially approving rules; can sustain or reverse the committee's action through appeals and joint resolutions, effectively influencing whether a rule becomes law.

Key Provisions

• Replaces the current Legislative Council review with a requirement that the Joint Committee on Legislative Operations affirmatively approves proposed rules before they become effective.
• If the committee disapproves a rule, the rule is deemed disapproved and suspended until the Legislature acts; the Legislature may sustain or overturn the disapproval by joint resolution.
• An appeal process allows disapproved rules to be reviewed by the Lieutenant Governor, who may approve the rule, triggering possible legislative overruling.
• Agencies must provide advance notice (minimum 60 days, maximum 90 days) and allow public input; a concise statement of reasons must be provided if conflicting views are submitted.
• Emergency rules may be adopted with shorter notice if there is an immediate public health, safety, or welfare danger or federal requirement, with reasons provided and a maximum 120-day effective period.
• Rules with economic impact must include a detailed fiscal note outlining need, costs/benefits, impact on competition, costs of living and doing business, employment effects, funding sources, and environmental/public health effects.
• The committee has specific criteria to approve or disapprove rules, including statutory basis, potential harm to public health/safety/welfare, availability of less restrictive alternatives, and overall cost impact.
• There are formal procedures for notice, distribution of proposed rules, and the possibility of amendments; if amended, the agency may accept the amendment and resubmit, or the rule is deemed disapproved.
• Legislative review and actions are required, including potential hearings and joint resolutions, with rules possibly reinstated if the Legislature does not sustain disapproval by adjournment.

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

Subjects

Legislature