Bill Text: CA AB338 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulations: legislative validation: effective date.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-03-19 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB338 Detail]

Download: California-2011-AB338-Introduced.html

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BILL NUMBER: AB 338	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 10, 2011

   An act to amend Sections 11343.4 and 11349.3 of, and to add
Section 11349.35 to, the Government Code, relating to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 338, as introduced, Wagner. Regulations: legislative
validation: effective date.
   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 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 also submit to the
Legislature for review a copy of each regulation that it submits to
the Secretary of State. This bill would also require that a
regulation become effective on the 90th day after it is filed with
the Secretary of State, unless prescribed conditions occur.
   This bill would require the Legislature to refer a copy of every
regulation submitted to it by the office to an appropriate policy
committee for review of its consistency with the intent of the
Legislature in regard to the statute that authorizes the particular
regulation and to offer recommendations as to whether the regulation
should be repealed by statute.
   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 
30th   90th  day after the date of filing unless:
   (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.
  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 regulation submitted to
the Secretary of State pursuant to paragraph (1) to each house of
the Legislature for review pursuant to Section 11349.35. 
   (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).
  SEC. 3.  Section 11349.35 is added to the Government Code, to read:

   11349.35.  The Legislature shall refer a copy of every regulation
submitted to it by the office pursuant to Section 11349.3 to an
appropriate policy committee in each house of the Legislature for
review. The committee shall review the regulation for consistency
with the intent of the Legislature in regard to the statute that
authorizes the particular regulation and offer recommendations as to
whether the regulation should be repealed by statute.