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determine whether the rule should be approved, disapproved, disapproved with a suggested amendment, or allowed to be withdrawn.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.
Forwarded to Governor on April 28, 2016 at 2:31 p.m. on April 28, 2016
Assigned Act No. 2016-256.
Enrolled
Signature Requested
Concurred in Second House Amendment
Marsh motion to Concur In and Adopt adopted Roll Call 877
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 752
Motion to Adopt adopted Roll Call 751
Faulkner Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Boards, Agencies and Commissions
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 58
Motion to Adopt adopted Roll Call 57
Governmental Affairs Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Governmental Affairs
Source: Alabama Legislature