Senate Bill 96 Alabama 2026 Session

Summary

Primary Sponsor

Keith KelleySenator

Republican

Session

2026 Regular Session

Title

Emergency rules; require Governor to certify that circumstances exist to justify emergency rules

Summary

SB96 would require the Governor to certify the immediate danger justifying an emergency rule before it may take effect.

What This Bill Does

Under SB96, an emergency rule may still be adopted with fewer than 35 days' notice if the agency finds an immediate danger and the Governor certifies that the danger justifies the rule. The rule would become effective immediately upon filing and Governor certification, for up to 120 days, and could not be renewed. The same or substantially similar emergency rule could not be adopted again within one calendar year unless the agency shows the danger could not have been foreseen and the Governor again certifies the need. Agencies must make reasonable efforts to inform people who may be affected before indexing the rule, and the rule would be strictly limited to addressing the immediate danger.

Who It Affects

• State agencies and regulatory officials: must obtain Governor certification before an emergency rule can become effective, altering the standard emergency rule process.
• Alabama residents, businesses, and organizations that may be affected by emergency rules: could see rapid changes with short notice, but rules have a fixed maximum duration and opportunities for public input.

Key Provisions

• Requires the Governor to certify that the immediate danger justifies an emergency rule before it can take effect.
• Allows emergency rules with fewer than 35 days' notice only if the Governor certifies and the agency provides written reasons; the rule becomes effective upon filing and Governor's certification and lasts up to 120 days (non-renewable).
• Adds a one-year prohibition on adopting the same or substantially similar emergency rule unless the danger could not have been foreseen and the Governor certifies that the danger continues.
• Maintains standard notice and public input requirements for emergency rules and requires notice to be published, copies filed with the LSA and agency secretary, and opportunity for data and views submission.
• In any challenge, the burden of proof is on the agency to justify its finding; emergency rules are narrowly construed to address only the immediate danger.
• The act becomes effective June 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Administrative Law and Procedures