SB112 Alabama 2013 Session

Under existing law, the Legislative Council, sitting as the Joint Committee on Administrative Regulation Review, is required to review all rules proposed to be adopted pursuant to the Administrative Procedure Act. The committee may disapprove a rule which disapproval may be sustained by the adoption of a joint resolution at the next regular session of the Legislature

This bill would provide that the Joint Committee on Legislative Operations, a proposed successor committee to the Legislative Council, would be required to affirmatively approve a proposed rule prior to its becoming effective. The bill further provides that the committee may make use of the Chief of Legislative Operations and other personnel and agencies of the legislative department when considering proposed rules. A proposed rule change could be disapproved by the committee or, if not affirmatively approved, the proposed rule would be deemed disapproved. The bill further provides for an appeal process to the Lieutenant Governor upon the disapproval of a rule by the Joint Committee on Legislative Operations

If the Lieutenant Governor approves a rule, the Legislature may overrule the Lieutenant Governor's approval by joint resolution

Relating to the Administrative Procedure Act; to amend Sections 41-22-5, 41-22-6, 41-22-22, 41-22-23, and 41-22-24, Code of Alabama 1975, to further provide the procedures for proposed rules to be approved or disapproved by the Legislature and to provide for certain appeals to the Lieutenant Governor.