HB82 Alabama 2016 Session

Updated Jul 24, 2021

House Bill

Expired

Current Status

Regular Session 2016

Session

Sponsor

Summary

Primary Sponsor: April WeaverSenator
Republican
Session: Regular Session 2016
Title: Administrative rules, further review by Legislative Reference Service and Joint Committee on Administrative Regulation Review of rules regulating professions by boards with active market participants, fees, Sec. 41-22-22.1 added
Description: Under existing law, the members of a board or commission that regulates a profession and is controlled by active market participants in the profession do not have state action immunity from federal antitrust laws for actions of the board or commission except when the action was taken pursuant to a clearly articulated state policy to displace competition and the board or commission was subject to active state supervision.
Also under existing law, administrative rules of a board or commission that regulates a profession are subject to review by the Joint Committee on Administrative Regulation Review prior to becoming effective. The committee may approve, disapprove, disapprove with a suggested amendment, or allow the agency to withdraw the rule for revision. Under existing law, a rule on which the committee takes no action is deemed approved.
This bill requires rules of a board or commission that regulates a profession to be reviewed by the Legislative Reference Service to determine whether the rule may significantly lessen competition and, if so, whether the rule was made pursuant to a clearly articulated state policy to displace competition.
If the Legislative Reference Service makes those determinations, the committee would be required to meet to review the rule and determine whether the rule should be approved, disapproved, disapproved with a suggested amendment, or allowed to be withdrawn. The bill would also authorize those boards and commissions to submit previously adopted rules for a similar review.
The bill would allow the Legislative Reference Service to impose a fee for providing the review.
Subjects: Administrative Regulation Review, Joint Committee on