SB112 Alabama 2013 Session

Summary

Primary Sponsor

Jimmy Holley

Republican

Co-Sponsors

Cam WardGreg J. ReedClay ScofieldJ.T. WaggonerRusty GloverTom WhatleyGerald H. AllenHarri Anne SmithBryan TaylorDick BrewbakerPhillip W. WilliamsQuinton RossJerry L. FieldingMark Slade BlackwellScott BeasonDel MarshShadrack McGillGerald O. DialPaul Bussman

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

SB112 would require affirmative approval of proposed agency rules by a new Joint Committee on Legislative Operations, with an appeal path to the Lieutenant Governor and potential legislative override, replacing the current rule-review process.

What This Bill Does

It changes who must approve rules before they take effect: the Joint Committee on Legislative Operations must affirmatively approve proposed rules; if they do not, the rule is deemed disapproved. Disapproval can be appealed to the Lieutenant Governor, who may approve the rule, after which the Legislature can override with a joint resolution. The bill keeps public notice and input requirements, adds explicit use of legislative staff in the review, and requires detailed fiscal notes for rules with economic impact; it also sets emergency-rule procedures and timelines.

Who It Affects

• State agencies that propose rules: must go through the new affirmative-approval process, provide required notices, publish in the Alabama Administrative Monthly, supply copies to the committee and key legislative staff, and prepare fiscal notes if the rule has economic effects.
• Public and stakeholders: will receive longer notice and opportunity to submit data and arguments, may participate in hearings, and have an avenue to challenge disapproved rules via the Lieutenant Governor and potential legislative actions.

Key Provisions

• Replaces the current Joint Committee on Administrative Regulation Review with the Joint Committee on Legislative Operations as the affirmative gate for proposed rules; if not affirmatively approved, rules are deemed disapproved.
• Allows use of the Chief of Legislative Operations and other legislative department staff in evaluating and reviewing proposed rules.
• Provides an appeal pathway to the Lieutenant Governor for disapproved rules; if the Lieutenant Governor approves, the Legislature may override with a joint resolution.
• Imposes notice and public participation requirements: long notice periods (roughly 35–60 days, up to 90 days), publication in the Alabama Administrative Monthly, and opportunities for interested parties to submit data and arguments.
• Requires fiscal notes for rules with economic impact, detailing need, costs, benefits, effects on competition, living costs, employment, and environmental/public health effects, with possible further information requests.
• Establishes emergency-rule procedures allowing shorter notice and immediate effect for up to 120 days, with limits on renewals and a defined process for justification.
• Rules become effective 35 days after filing with the Legislative Reference Service unless statute or the approval process specifies otherwise; emergency rules and other exceptions apply.
• Annual reporting requirement for the committee on total costs associated with implementing these procedures.
• Legislative review mechanisms: the Legislature can sustain or fail to sustain disapproval via joint resolutions, which affects whether a rule remains in effect.

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

Subjects

Legislature