SB33 Alabama 2017 Session

Updated Feb 27, 2026

Low Interest

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, Sec. 41-22-5 am'd.
Summary: SB33 amends the Alabama Administrative Procedure Act to require the notice of intended action for any proposed rule includes whether the rule relates to or affects litigation involving the agency.
What This Bill Does
If enacted, the bill requires the agency's notice of intended action to include a statement about any litigation the agency is a party to related to the proposed rule. It maintains a minimum 35-day notice, creates a 35-to-90-day public comment window, and requires the notice to describe the action, include terms or substance, and be published in the Alabama Administrative Monthly; it must also be sent to the legislative committee chair and mailed to interested parties who request advance notice and pay for mailing, with a complete copy filed with the agency secretary and Legislative Reference Service. It preserves the opportunity for public data, views, and arguments, and requires a concise statement of reasons for/against adoption if views conflict. It also outlines emergency-rule rules allowing shorter notice under specific conditions, with a 120-day limit and safeguards on effectiveness and review.

Who It Affects
State agencies that issue rules: must include litigation relation information in notices and follow expanded notice requirements.
Individuals and organizations that request advance notice or subscribe to mailings: will receive notices and have opportunities to submit input.
The Legislative Committee chair and the Legislative Reference Service: receive notices and copies of proposed rules.
The general public and stakeholders affected by agency rules: gain clearer notice and a formal chance to present data, views, and arguments.

Key Provisions
Notice must state whether the proposed rule relates to or affects any litigation involving the agency.
Notice requirements include at least 35 days' notice, publication date as notice date, 35-90 day comment period, and description of the rule's subject and issues.
Notice must be sent to the legislative committee chair and mailed to interested parties who request advance notice and pay for mailing; complete copy filed with the agency secretary and Legislative Reference Service.
Agency must provide reasonable opportunity for data, views, or arguments; if conflicting views exist, agency must issue a concise statement of principal reasons for and against adoption.
Emergency rules may be adopted with shorter notice in cases of immediate danger or federal requirements, with a 120-day limit and no renewal; burden of proof on agency in challenges.
Procedural minimums are reinforced; rules adopted after Oct 1, 1982 must comply, with noncompliance contestable within two years (except failure to provide notice may be challenged at any time).
Effective date: the act becomes law on the first day of the third month after passage and approval.

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