HB89 Alabama 2023 Session

Summary

Primary Sponsor

Chris SellsRepresentative

Republican

Session

Regular Session 2023

Title

Relating to the Alabama Administrative Procedure Act; to amend Section 41-22-3, Code of Alabama 1975, to revise the definition of rule for purposes of the Administrative Procedure Act to exclude from the definition certain communications within an agency or with another agency and to provide for retroactive effect.

Summary

HB89 would narrow what counts as a 'rule' under the Alabama Administrative Procedure Act by excluding many internal communications between agencies from being treated as rules, with retroactive effect to October 1, 2022.

What This Bill Does

The bill redefines 'Rule' to exclude certain intra- and inter-agency communications (such as memoranda, directives, manuals, and forms) that do not substantially affect the public’s rights or procedures. As a result, these communications would not be subject to the public notice, hearings, and other APA rulemaking requirements. The changes are retroactive to October 1, 2022, and the act becomes effective immediately upon passage, potentially affecting agency actions since that date.

Who It Affects

• State agencies, boards, and commissions: fewer internal or interagency communications would be treated as formal 'rules,' possibly reducing APA rulemaking requirements for those communications.
• The general public and private groups: fewer agency actions would require public notice or hearings if those actions are considered non-rules, potentially limiting public input on certain internal or interagency communications.

Key Provisions

• Amends Section 41-22-3 to revise the definition of 'Rule' so that communications within an agency or with another agency (including memoranda, directives, manuals, forms, or other communications) that do not substantially affect the public's legal rights or procedures are excluded from being 'rules.'
• Provides retroactive effect to October 1, 2022, and states the act becomes effective immediately upon passage, applying the new definition to actions dating back to that date.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Administrative Procedure Act; to amend definition of Rule