BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   SB 561|
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                                    CONSENT


          Bill No:  SB 561
          Author:   Morrow (R)
          Amended:  4/30/01
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  7-0, 5/1/01
          AYES:  Escutia, Ackerman, Haynes, Kuehl, O'Connell, Peace,  
            Sher


           SUBJECT  :    Administrative Procedure Act

           SOURCE  :     California Law Revision Commission


           DIGEST  :    This bill consolidates duplicative provisions in  
          the Administrative Procedure Act (APA) relating to the use  
          of electronic communications by public agencies to give  
          notice of proposed regulations, or proposed regulatory  
          appeal or amendment, and to receive comments by electronic  
          mail. 

          The bill also corrects a defect in the definition of  
          "proposed action" for purposes of the administrative  
          rulemaking provisions of the act.

          Lastly, the bill deletes a definition of "public notice"  
          which has been found ambiguous by some public agencies.

           ANALYSIS  :    This bill would correct technical drafting  
          errors in two code sections regarding the rulemaking  
          provisions of the APA inadvertently enacted last year.

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                                                                SB 561
                                                                Page  
          2

          Existing law, Government Code Section 11340.8, requires  
          each state agency that proposes regulations pursuant to the  
          administrative rulemaking provisions of the APA to post  
          specified information regarding the proposed regulation, or  
          proposed regulatory repeal or amendment on its website.

          Existing law, Government Code Section 11340.85, requires an  
          agency that maintains an Internet website or other similar  
          forum to publish specified materials relating to a proposed  
          regulation on its website or other forum.  The provision  
          also defines "public notice" for purposes of the section.

          This bill would consolidate these provisions into Section  
          11340.85 and make technical changes.  It would also delete  
          the definition of "public notice."

          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.  


           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  5/3/01)

          California Law Revision Commission


          RJG:jk  5/3/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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