Bill Text: CA AB1969 | 2011-2012 | Regular Session | Amended

California Assembly Bill 1969 (Prior Session Legislation)

CA State Legislature page for AB1969

Bill Title: Regulations: filing.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-07-03 - From committee without further action pursuant to Joint Rule 62(a). [AB1969 Detail]

Download: California-2011-AB1969-Amended.html

BILL NUMBER: AB 1969	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Beth Gaines
   (Principal coauthor: Assembly Member Norby)

                        FEBRUARY 23, 2012

   An act to amend Section 11349.3 of the Government Code, relating
to regulations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1969, as amended, Beth Gaines. Regulations: filing.
   The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies, and for 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 prohibit the office from transmitting any
regulation to the Secretary of State for filing that it receives
between January 1, 2013, and January 1, 2015, inclusive, until after
January 1, 2015.  This bill would exempt from the requirements of
this bill a regulation proposed by a public safety or public health
agency or department. 
   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 11349.3 of the Government Code is amended to
read:
   11349.3.  (a) (1) Subject to paragraph (2), 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 not transmit any regulation to the Secretary
of State for filing that it receives between January 1, 2013, and
January 1, 2015, inclusive, until after January 1, 2015.  This
paragraph shall not apply to a regulation proposed by a public safety
agency or department, as defined in Section 53120, or a public
health agency or department, including the California Health and
Human Services Agency. 
   (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).