BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1857|
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THIRD READING
Bill No: AB 1857
Author: Wayne (D)
Amended: 6/12/02 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/18/02
AYES: Johnson, Brulte, Chesbro, Johannessen, Karnette,
Knight, Morrow, Perata, Soto
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 67-0, 5/2/02 - See last page for vote
SUBJECT : Administrative procedures
SOURCE : California Law Revision Commission
DIGEST : This bill clarifies and refines the
administrative rulemaking procedures based on
recommendations of the California Law Revision Commission.
ANALYSIS : Under the Administrative Procedure Act,
existing law details the requirements that regulations must
adhere prior to their adoption. These requirements include
public comment periods on proposed regulations, review
periods, publication requirements, and implementation
procedures. The Office of Administrative Law is the state
government entity that oversees the adoption of proposed
regulations.
This bill:
CONTINUED
AB 1857
Page
2
1.Expands the requirement that an agency publish certain
rulemaking documents on its website to include the text
of a proposed emergency rulemaking action and the date
the proposed action is submitted to the Office of
Administrative Law.
2.Provides that rulemaking documents shall be posted on
issuance and remain posted until at least 15 days after
the end of the rulemaking process.
3.Clarifies requirements that an agency must describe
reasonable alternatives to a proposed regulation and
reasonable alternatives that would lessen any adverse
impact on small business. It does this by stating that
both requirements are subject to the existing rule that
an agency need not "artificially construct alternatives
or justify why it has not identified alternatives" and
revises these provisions to make them more uniform.
4.Replaces ambiguous provisions with a requirement that an
agency representative either responds to the substantive
questions regarding inquiries on proposed regulations or
directs them to another person in the agency for a prompt
response.
5.Adjusts the scope of the exemption that the Fish and Game
Commission has from certain time periods specified in the
rulemaking procedure by including a recently added time
period that should have been covered in previous
legislation but was not.
6.Makes several other clarifying and correcting amendments.
Comments
According to the California Law Review Commission, this
bill is the product of the Commission's recommendation on
Administrative Rulemaking Refinements (February 2002).
This recommendation addresses rulemaking issues not
previously considered by the Commission in prior
legislation, AB 1822 (Wayne), Chapter 1060, Statutes of
2000. The most recent amendments make additional technical
correcting amendments to the Act.
AB 1857
Page
3
Prior/Related Legislation
AB 1822 (Wayne), Chapter 1060, Statutes of 2000 . Similar
to this bill, making considerable more technical clarifying
updating and correcting amendments to the Administrative
Procedures Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/5/02)
California Law Revision Commission (source)
State Department of Fish and Game
State Franchise Tax Board
ASSEMBLY FLOOR
AYES: Aanestad, Alquist, Aroner, Bates, Bogh, Calderon,
Bill Campbell, John Campbell, Canciamilla, Cardenas,
Cardoza, Chan, Chavez, Chu, Cogdill, Corbett, Correa,
Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh, Frommer,
Goldberg, Harman, Havice, Hollingsworth, Horton, Jackson,
Kehoe, Kelley, Koretz, La Suer, Leach, Leonard, Leslie,
Liu, Longville, Lowenthal, Maddox, Maldonado, Matthews,
Migden, Mountjoy, Nakano, Nation, Negrete McLeod,
Oropeza, Papan, Pescetti, Richman, Salinas, Shelley,
Simitian, Steinberg, Strom-Martin, Thomson, Vargas,
Washington, Wayne, Wiggins, Wright, Wyland, Wyman,
Zettel, Wesson
TSM:cm 8/5/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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