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House Bill 136 Alabama 2026 Session

Updated Feb 10, 2026

Summary

Session
2026 Regular Session
Title
Emergency rules; require Governor to certify that circumstances exist to justify emergency rules
Summary

HB136 requires the Governor to certify that an emergency justifies an emergency rule before it can take effect and tightens how emergency rules are used and renewed.

What This Bill Does

It adds a requirement that for an emergency rule to become effective, the agency must file the rule and the Governor must certify that an immediate danger justifies it. If the Governor certifies, the rule can take effect immediately upon filing; otherwise it follows standard rulemaking timelines. Emergency rules would be valid for up to 120 days and could not be renewed. If an agency wants to use the same or a substantially similar emergency rule within one calendar year, it must show the danger could not have been foreseen and obtain continued Governor certification; otherwise normal rulemaking could proceed.

Who It Affects
  • State agencies and rulemaking officials: must obtain the Governor's certification and follow the added emergency-rule procedures, affecting how quickly they can issue rules.
  • Alabama residents, businesses, and organizations: could be subject to emergency rules that take effect quickly, are limited in duration, and may be challenged under the new requirements.
Key Provisions
  • Requires the Governor to certify the immediate danger before an emergency rule may become effective.
  • Emergency rules may become effective immediately upon filing and Governor certification, and may last up to 120 days with no renewal.
  • Cannot adopt the same or a substantially similar emergency rule within one calendar year unless the danger could not have been foreseen and the Governor certifies continued need; normal rulemaking remains possible.
  • Prior to indexing/publication, agencies must notify affected persons and provide opportunities for input; agencies must include a concise statement of reasons for/against adoption if views were submitted.
  • Burden of proof on the agency in any challenge to the rule’s effective date; act becomes effective June 1, 2026.
AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Administrative Law and Procedures

Bill Actions

S

Pending Senate State Governmental Affairs

S

Read for the first time and referred to the Senate Committee on State Governmental Affairs

H

Motion to Read a Third Time and Pass - Adopted Roll Call 343

H

Third Reading in House of Origin

H

Read for the Second Time and placed on the Calendar

H

Reported Out of Committee House of Origin

H

Pending House State Government

H

Read for the first time and referred to the House Committee on State Government

H

Prefiled

Calendar

Hearing

House State Government Hearing

Room 206 at 15:00:00

Bill Text

Votes

Motion to Read a Third Time and Pass - Roll Call 343

February 10, 2026 House Passed
Yes 103
Absent 1

Third Reading in House of Origin

February 10, 2026 House Passed
Yes 99
Abstained 1
Absent 4

HBIR: Passed by House of Origin

February 10, 2026 House Passed
Yes 99
Abstained 1
Absent 4

Documents

Source: Alabama Legislature