SB179 Alabama 2013 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

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

The Red Tape Reduction Act would require public notice and economic impact analysis for certain rules, and mandate five-year reviews of all agency rules.

What This Bill Does

If an agency wants to adopt, amend, or repeal a rule, it must post the proposed rule text on its website and notify the public and interested registered parties. If a business says it will be negatively affected, the agency must prepare and submit a Business Economic Impact Statement (BEIS) to the Joint Committee on Administrative Regulation Review, including estimated affected businesses and projected compliance costs. The committee may require analysis of ways to reduce the rule’s burden, such as easier reporting, longer deadlines, consolidated requirements, or performance-based standards. The BEIS must be filed with the Legislative Reference Service and posted on the agency’s website, with certain exemptions; in addition, all agency rules must be reviewed every five years, including rules adopted after the act’s effective date.

Who It Affects

• Businesses subject to agency rules will have to be considered for potential negative impacts and may see BEIS analyses and potential burden-reduction options.
• State agencies must implement public notice, BEIS preparation, and five-year rule-review processes, and coordinate with the Joint Committee and Legislative Reference Service.
• The Joint Committee on Administrative Regulation Review will review BEIS materials and may mandate changes to reduce burden on businesses.
• The general public and stakeholders will gain access to proposed rules and BEIS information via agency websites and LRS, increasing transparency.
• Licensing-focused agencies may be exempt from BEIS requirements unless the committee determines a negative impact warrants it, and emergency rules are exempt.

Key Provisions

• Adds Sections 41-22-5.1 and 41-22-5.2 to require public notice and BEIS for rules that may adversely affect business and requires five-year rule reviews.
• 41-22-5.1: Agencies must notify the public, post proposed rule text online, and notify interested registrants; if a business indicates negative impact, the agency must file a BEIS with the Joint Committee, including estimated number of affected businesses and projected costs.
• 41-22-5.1: BEIS may include options to reduce burden (less stringent requirements, longer deadlines, consolidated requirements, or performance standards) as identified by the committee; BEIS filed with LRS and posted on agency website; some exemptions apply.
• 41-22-5.2: Agencies must review all existing rules within five years of the section’s effect date and again for rules adopted after that date; if the review cannot be completed, the agency must publish a statement explaining why.
• Effective date: the act becomes law on the first day of the third month after passage.

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