SB380 Alabama 2018 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2018

Title

Administrative procedures, terminology updated, business impact analysis further specified when agency is required to prepare, revise the name of the Joint Committee on Administrative Regulation Review, Secs. 41-22-2, 41-22-3, 41-22-5, 41-22-5.1, 41-22-5.2, 41-22-6, 41-22-7, 41-22-8, 41-22-22, 41-22-22.1, 41-22-23, 41-22-27 am'd.

Summary

SB 380 would update Alabama's administrative rulemaking process to require business impact analyses, modernize terminology, and strengthen legislative oversight of rules.

What This Bill Does

If a business says a proposed rule would negatively affect it, the agency must prepare a business impact analysis and file it with the Legislative Services Agency, Legal Division at the same time the rule is certified; failure to file would make the rule invalid. The bill updates terminology (Legislative Reference Service becomes Legislative Services Agency, Legal Division) and sets a quorum of six for the Joint Committee on Administrative Regulation Review (3 House, 3 Senate). It adds Red Tape Reduction Act requirements, including posting proposed rules online, notifying interested parties, and assessing ways to reduce negative business impact, plus noting if a rule is driven by a federal requirement. It also mandates periodic reviews of existing rules every five years and preserves the Alabama Administrative Code and Monthly publishing process, with potential timing adjustments related to business impact analyses.

Who It Affects

• Businesses and the broader business community: must be prepared for mandatory business impact analyses when a proposed rule could negatively affect them, with disclosures of costs and impact; rules may be invalid if the analysis is not filed.
• State agencies, the Legislative Services Agency, and legislative committees: must implement BIAs, post rule texts online, notify interested parties, maintain the Alabama Administrative Code/Monthly, and operate under updated quorum rules and review requirements.

Key Provisions

• Terminology updates: replace 'Legislative Reference Service' with 'Legislative Services Agency, Legal Division' and rename 'Joint Committee on Administrative Regulation Review' to reflect current law; define a formal quorum of six members (three House, three Senate).
• Business impact analysis requirement: when a business notifies an agency of negative impact, the agency must prepare and file a business impact analysis with the Legislative Services Agency, Legal Division at the same time as the certified rule; failure to file invalidates the rule.
• Red Tape Reduction Act: agencies must post proposed rules online, electronically notify interested parties, and may be required to analyze and report on ways to reduce business impact; agencies must disclose if a rule is driven by a federal requirement and may incur additional costs to comply.
• Rule review and transparency: agencies must review existing rules every five years; maintain and publish the Alabama Administrative Code and Monthly; ensure proper filing, indexing, and public access to rules and analyses.
• Rule timing and emergency provisions: clarifies timelines for rule certification and potential extensions if a business impact analysis is warranted; emergency rules have specific shortened notice provisions with limits.

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 Procedure