Bill Text: CA AB1982 | 2011-2012 | Regular Session | Amended

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Bill Title: Regulations: effective date: legislative review.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1982 Detail]

Download: California-2011-AB1982-Amended.html

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BILL NUMBER: AB 1982	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly  Member   Wagner
  Members   Gorell   and Wagner 

                        FEBRUARY 23, 2012

   An act to amend Sections 11343.4 and 11349.3 of the Government
Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1982, as amended,  Wagner   Gorell  .
Regulations: effective date: legislative review.
   The Administrative Procedure Act governs the procedure for the
adoption, amendment, or repeal of regulations by state agencies and
for the review of those regulatory actions by the Office of
Administrative Law. That act requires an agency, prior to submitting
a proposal to adopt, amend, or repeal an administrative regulation,
to determine the economic impact of that regulation, in accordance
with certain procedures. That act defines a major regulation as a
regulation that the agency determines has an expected economic impact
on California business enterprises and individuals in an amount
exceeding $50,000,000. That act requires the office to transmit a
copy of a regulation to the Secretary of State for filing if the
office approves the regulation or fails to act on it within 30 days.
That act provides that a regulation or an order of repeal of a
regulation becomes effective on the 30th day after it is filed with
the Secretary of State, unless prescribed conditions occur.
   This bill would require the office to submit to the Legislature
for review a copy of each major regulation that it submits to the
Secretary of State. This bill would extend the time period that a
regulation becomes effective after being filed with the Secretary of
State from 30 days to 90 days. This bill would specify that the list
of prescribed conditions that prevent a regulation from becoming
effective include a statutory override of the regulation.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11343.4 of the Government Code is amended to
read:
   11343.4.  A regulation or an order of repeal required to be filed
with the Secretary of State shall become effective on the 90th day
after the date of filing unless  any of the following occurs
 :
   (a) Otherwise specifically provided by the statute pursuant to
which the regulation or order of repeal was adopted, in which event
it becomes effective on the day prescribed by the statute.
   (b) A later date is prescribed by the state agency in a written
instrument filed with, or as part of, the regulation or order of
repeal.
   (c) The agency makes a written request to the office demonstrating
good cause for an earlier effective date, in which case the office
may prescribe an earlier date.
   (d) The Legislature passes a statute to override the regulation.
  SEC. 2.  Section 11349.3 of the Government Code is amended to read:

   11349.3.  (a) (1) The office shall either approve a regulation
submitted to it for review and transmit it to the Secretary of State
for filing or disapprove it within 30 working days after the
regulation has been submitted to the office for review. If the office
fails to act within 30 days, the regulation shall be deemed to have
been approved and the office shall transmit it to the Secretary of
State for filing.
   (2) The office shall submit a copy of each major regulation
submitted to the Secretary of State pursuant to paragraph (1) to each
house of the Legislature for review.
   (b) If the office disapproves a regulation, it shall return it to
the adopting agency within the 30-day period specified in subdivision
(a) accompanied by a notice specifying the reasons for disapproval.
Within seven calendar days of the issuance of the notice, the office
shall provide the adopting agency with a written decision detailing
the reasons for disapproval. No regulation shall be disapproved
except for failure to comply with the standards set forth in Section
11349.1  ,  or for failure to comply with this chapter.
   (c) If an agency determines, on its own initiative, that a
regulation submitted pursuant to subdivision (a) should be returned
by the office prior to completion of the office's review, it may
request the return of the regulation. All requests for the return of
a regulation shall be memorialized in writing by the submitting
agency no later than one week following the request. Any regulation
returned pursuant to this subdivision shall be resubmitted to the
office for review within the one-year period specified in subdivision
(b) of Section 11346.4 or shall comply with Article 5 (commencing
with Section 11346) prior to resubmission.
   (d) The office shall not initiate the return of a regulation
pursuant to subdivision (c) as an alternative to disapproval pursuant
to subdivision (b).