SB107 Alabama 2017 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Session

Regular Session 2017

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

SB107 would require rulemaking notices to state and explain how a proposed rule relates to any ongoing litigation or judicial decision involving the agency.

What This Bill Does

If enacted, the bill requires the notice of intended action for a proposed rule to specify whether the rule relates to or affects any litigation the agency is a party to or any judicial decision on the rule’s subject. If there is such a relation, the notice must explain how the rule would impact the litigation or decision. The change sits within the existing notice framework, which still requires at least 35 days' notice and publication in the Alabama Administrative Monthly, and preserves other rulemaking procedures.

Who It Affects

• Agencies that propose or amend rules, who must include the new litigation-related statement and explanation in their notices
• Public stakeholders, including parties to related litigation and others following the judicial decisions, who will gain clearer information about how a proposed rule connects to ongoing legal matters

Key Provisions

• Amends Section 41-22-5(a)(1) to require the notice of intended action for any rule to state whether the proposed action relates to or affects litigation the agency is a party to or a related judicial decision
• If such relation exists, the notice must provide an explanation of how the proposed rule would relate to or affect the litigation or judicial decision
• Maintains existing procedural requirements for notice (at least 35 days, publication in the Alabama Administrative Monthly, and opportunities for public comment), with all other current provisions remaining in force

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