SB204 Alabama 2019 Session

Under existing law, an agency subject to the Administrative Procedure Act must file a notice of any proposed rule change with the Legislative Reference Service, and the agency proposing the rule change must notify the public of the proposed action on its website or a website maintained by the executive branch. Under existing law, if, prior to the end of the notice period, a business notifies the agency it will be negatively impacted, the agency proposing the action must prepare and submit an economic impact statement to the Joint Committee on Administrative Regulation Review for the consideration of the joint committee

Under existing law, an agency may certify a rule once it has given 35 days' notice of the proposed action, and, with certain exceptions, the rule is effective 45 days after the certified rule is filed with the Legislative Reference Service. A listing of rules certified during the month appears in each issue of the Alabama Administrative Monthly

Under existing law, in a case in which the Joint Committee on Administrative Regulation Review determines that an economic impact statement is warranted, the rule may not become effective for an additional 45 days following the initial 45 days after the certified rule is filed

This bill would update terminology from Legislative Reference Service to Legislative Services Agency, Legal Division, to reflect current law and make terminology consistent throughout

This bill would provide that a certified rule would become effective 45 days after notice of the certification is published in the Alabama Administrative Monthly or on a later date specified in the rule

This bill would specify that when a business notifies an agency that it will be negatively impacted, the agency must prepare a business impact analysis. This bill would specify that the agency must file the business impact analysis with the Legislative Services Agency, Legal Division, at the same time the agency files the certified rule. This bill would specify that failure to file a business impact analysis when required to do so invalidates the action

This bill would also revise the name of the Joint Committee on Administrative Regulation Review and specify what is a quorum for purposes of conducting business

Relating to administrative procedures; to amend Sections 41-22-2, 41-22-3, Section 41-22-5, as amended by Act 2018-139, 2018 Regular Session, Sections 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, and 41-22-27, Code of Alabama 1975; to update terminology; to further specify when an agency is required to prepare a business impact analysis; to require filing of the business impact analysis with the Legislative Services Agency, Legal Division; to specify that failure to file as required invalidates the action; to provide that a rule may not become effective until at least 45 days after notice is published in the Alabama Administrative Monthly that the certified rule was filed with the Legislative Services Agency; and to revise the name of the Joint Committee on Administrative Regulation Review and establish what is a quorum for purposes of conducting business.