BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 561|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
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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.
CONTINUED
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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