BILL NUMBER: SB 561	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrow

                        FEBRUARY 22, 2001

   An act to amend Sections 11340.85 and 11342.595 of, and to repeal
Section 11340.8 of, the Government Code, relating to administrative
procedures.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 561, as introduced, Morrow.  Administrative Procedure Act.
   (1) Existing law requires each state agency that proposes
regulations pursuant to the administrative rulemaking provisions of
the Administrative Procedure Act to post specified information
regarding the proposed regulation on its website.  Existing law also
requires an agency that maintains an Internet website or other
similar forum to publish specified materials on the website or other
forum.
   This bill would consolidate these provisions and make technical
changes.
   (2) Existing law defines the term "proposed action" for the
purposes of the administrative rulemaking provisions of the act.
   This bill would make a technical change to that definition.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 11340.8 of the Government Code is repealed.

   11340.8.  In order to make the regulatory process more user
friendly and to improve communication between affected businesses and
the regulatory agencies, each state agency that proposes regulations
pursuant to this chapter shall do all of the following:
   (a) Accept comments from interested parties by facsimile and
electronic mail.
   (b) Post on its Internet website, if the agency has an Internet
website, information regarding the proposed regulation or proposed
regulatory repeal or amendment that includes, but is not limited to,
all of the following:
   (1) Notice of the proposed action.
   (2) Initial statement of reasons for the regulation or proposed
repeal or amendment.
   (3) Text of the proposed regulation or proposed amendment to the
regulation or instructions on how to obtain the text.
   (4) Final statement of reasons.
   (5) If applicable, a dated notice of the intent of the agency to
discontinue the proposed action.
   (6) The office's decisions on the regulation, proposed regulation,
or proposed amendment or repeal of a regulation.
   (7) The date the regulation was filed with the Secretary of State.

   (8) The effective date of the regulation.
   (9) A statement to the effect that a business or person submitting
a comment to a proposed regulation or proposed amendment or repeal
of a regulation has the right to request a copy of the final
statement of reasons.
   (c) Publication under subdivision (b) supplements any other
required form of publication or distribution.  The failure to comply
with this section is not grounds for disapproval of a proposed
regulation.  Subdivision (b) does not require an agency to establish
or maintain a website or other forum for the electronic publication
or distribution of written material. 
  SEC. 2.  Section 11340.85 of the Government Code is amended to
read:
   11340.85.  (a) As used in this section, "electronic communication"
includes electronic transmission of written or graphical material by
electronic mail, facsimile, or other means, but does not include
voice communication.
   (b) Notwithstanding any other provision of this chapter that
refers to mailing or to oral or written communication:
   (1) An agency may permit and encourage use of electronic
communication, but may not require use of electronic communication.
   (2) An agency may publish or distribute a document required by
this chapter or by a regulation implementing this chapter by means of
electronic communication, but shall not make that the exclusive
means by which the document is published or distributed.
   (3) A notice required or authorized by this chapter or by a
regulation implementing this chapter may be delivered to a person by
means of electronic communication if the person has expressly
indicated a willingness to receive the notice by means of electronic
communication.
   (4) A comment  or petition  regarding a
regulation may be delivered to an agency by means of electronic
communication .  
   (5) A petition regarding a regulation may be delivered to an
agency by means of electronic communication  if the agency has
expressly indicated a willingness to receive a  comment or
 petition by means of electronic communication.
   (c) An agency that maintains an Internet website or other similar
forum for the electronic publication or distribution of written
material shall publish the following materials on that website or
other forum:
   (1) Any public notice required by this chapter or by a regulation
implementing this chapter.  For the purposes of this paragraph,
"public notice" means a notice that is required to be given by an
agency to persons who have requested notice of the agency's
regulatory actions.
   (2) The initial statement of reasons prepared pursuant to
subdivision (b) of Section 11346.2.
   (3) The final statement of reasons prepared pursuant to
subdivision (a) of Section 11346.9.
   (4) Notice of a decision not to proceed prepared pursuant to
Section 11347.
   (5) The text of a proposed regulation or instructions on how to
obtain a copy of the text.  
   (6) A statement of any decision made by the office regarding a
proposed action.  
   (7) The date a rulemaking action is filed with the Secretary of
State.
   (8) The effective date of a rulemaking action.
   (9) A statement to the effect that a business or person submitting
a comment regarding a proposed action has the right to request a
copy of the final statement of reasons. 
   (d) Publication under subdivision (c) supplements any other
required form of publication or distribution.  Failure to comply with
 subdivision (c)   this section  is not
grounds for disapproval of a proposed regulation. Subdivision (c)
does not require an agency to establish or maintain a website or
other forum for the electronic publication or distribution of written
material.
   (e) Nothing in this section precludes the office from requiring
that the material submitted to the office for publication in the
California Code of Regulations or the California Regulatory Notice
Register be submitted in electronic form. 
   (f) This section is intended to make the regulatory process more
user-friendly and to improve communication between interested parties
and the regulatory agencies. 
  SEC. 3.  Section 11342.595 of the Government Code is amended to
read:
   11342.595.  "Proposed action" means the regulatory action  ,
notice of which is  submitted to the office for publication in
the California Regulatory Notice Register.