BILL ANALYSIS SB 561 Page 1 Date of Hearing: June 26, 2001 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Lou Correa, Chair SB 561 (Morrow) - As Amended: April 30, 2001 SENATE VOTE : 39-0 SUBJECT : Administrative Procedure Act. SUMMARY : Corrects technical drafting errors enacted last year regarding the rulemaking provisions of the Administrative Procedure Act (APA). Specifically, this bill : 1)Consolidates duplicative provisions in the 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. 2)Corrects a defect in the definition of "proposed action" for purposes of the administrative rulemaking provisions of the APA. 3)Deletes a definition of "public notice" that some public agencies found ambiguous. EXISTING LAW 1)Requires each state agency that proposes regulations pursuant to the administrative rulemaking provisions of the APA to post specified information on its website regarding the proposed regulation, regulatory repeal, or amendment. 2)Requires an agency that maintains an Internet website or other similar forum, to publish on its website or other forum, specified materials relating to a proposed regulation. 3)Defines "proposed action" for the purposes of the administrative rulemaking provisions of the APA. 4)Defines "public notice" for the purposes of the administrative rulemaking provisions of the APA. FISCAL EFFECT : Unknown SB 561 Page 2 COMMENTS : The purpose of this bill is to implement recommendations of the sponsor, the California Law Revision Commission (CLRC), correcting technical problems relating to the rulemaking provisions of the APA. Last year, two bills were enacted - AB 505 (Wright), Chapter 1059, Statutes of 2000 and AB 1822 (Wayne), Chapter 1060, Statutes of 2000 - that affected the rulemaking procedure and the use of electronic communications under the APA. According to the sponsor, an error in coordinating these bills resulted in enactment of two essentially duplicative measures with some minor differences. This bill is intended to eliminate redundancy and harmonize the inconsistencies between the two sections of the Government Code by repealing one section and amending the other to preserve the substance of both sections. AB 505 (Wright) included a definition of "proposed action" as "the regulatory action submitted to the office (Office of Administrative Law) for publication in the California Regulatory Notice Register." The sponsor states that there is a technical problem with this definition as it is not the proposed action itself that is published in the California Regulatory Notice Register, but a notice of the proposed action. This bill adds language to correct this defect. The administrative provisions of the APA pertaining to required publication of information on state agency websites include a definition of "public notice" as "a notice that is required to be given by an agency to persons who have requested notice of the agency's regulatory action." According to the sponsor, this definition is potentially confusing. Two state agencies informed CLRC that they were concerned that the language could be read expansively to require publication of any rulemaking document, since those documents are public and must be provided to interested persons on request. According to the sponsor, however, this was not the intent of the language. Therefore, this bill removes this definition and clarifies what is required to be published on agency websites. REGISTERED SUPPORT / OPPOSITION : Support California Law Revision Commission (sponsor) SB 561 Page 3 Opposition None on file. Analysis Prepared by : Mark McKenzie / B. & P. / (916) 319-3301