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

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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-Amended.html

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BILL NUMBER: AB 338	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 17, 2012
	AMENDED IN ASSEMBLY  APRIL 15, 2011

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 10, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 338, as amended, 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 disapproved regulation where
the basis for that disapproval was a determination that the agency
exceeded its statutory authority in adopting the regulation. This
bill would also require that a regulation become effective on the
 90th   60th  day after it is filed with
the Secretary of State, unless prescribed conditions occur.
   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   60th  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) 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.
   (b) (1) 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.
   (2) The office shall submit a copy of any disapproved regulation
to the Legislature where the office disapproved the regulation
because it found that the agency exceeded its statutory authority in
adopting the regulation.
   (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).