SB59 Alabama 2016 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Paul Sanford
Republican
Session: Regular Session 2016
Title: Administrative Procedure Act, rules, notice of intended action, required to contain information about litigation and judicial decisions, Sec. 41-22-5 am'd.
Summary: SB59 requires Alabama agencies to disclose in notices of proposed rules whether the rule relates to ongoing litigation or judicial decisions and to explain how it would affect those legal matters.
What This Bill Does
It adds a requirement that the notice of intended action must state if the proposed rule relates to any litigation the agency is involved in or to any related judicial decision, with an explanation of how it would affect that litigation or decision. It preserves and clarifies existing notice requirements, including at least 35 days' notice, publication in the Alabama Administrative Monthly, and opportunities for public comment, while specifying the content and timing of the notice (35-90 days). It also maintains emergency-rule provisions, public input opportunities, and transparency measures, and sets overall procedural minimums for rulemaking.

Who It Affects
State agencies and rulemaking bodies in Alabama (must include litigation-related information in notices and follow updated notice and comment procedures).
Interested members of the public, including parties to related litigation, advocacy groups, and other stakeholders (will receive more information about how proposed rules relate to litigation and can submit comments).

Key Provisions
Notice must state whether the proposed rule relates to or affects any litigation the agency is a party to or relates to any judicial decision, with an explanation of how it would relate to or affect that matter.
Maintain detailed notice requirements: at least 35 days' notice, publication date in the Alabama Administrative Monthly, description of the action or subjects, a 35-90 day viewing period for public input, and information on where and how to submit views; notify the legislative committee chair and mail advance notice to those who request it; file a complete copy with the agency secretary and the Legislative Reference Service.
Provide an opportunity for data, views, or arguments; consider all submissions; if conflicting views exist, issue a concise statement of reasons for and against adoption.
Emergency rule provisions allow fewer than 35 days' notice under certain conditions, with immediate effect up to 120 days and renewable limitations; agencies must justify emergency rules and notify affected persons; burden of proof rests with the agency in challenges.
The act establishes minimum procedural requirements for rulemaking, with an effective date of July 1, 2016, and a two-year window to challenge noncompliance (with an exception that failure to provide required notice may be challenged at any time).

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