BILL ANALYSIS Ó
AB 376
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Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW
Jim Frazier, Chair
AB 376 (Donnelly) - As Introduced: February 14, 2013
SUBJECT : Regulations: Notice
SUMMARY : Requires state agencies to notify businesses that are
required to comply with new regulations. Specifically, this
bill : requires a state agency that enforces a regulation
promulgated on or after January 1, 2014 to notify a business
that is mandated to comply with the regulation 30 days before
the regulation becomes effective.
1)If possible, an agency shall provide notification by
electronic mail. If that is not possible, then the agency
shall mail a letter to notify the business.
2)Agencies shall work with the Secretary of State to obtain
necessary business contact information to provide notice.
EXISTING LAW The Office of Administrative Law (OAL) is
responsible for the official compilation, printing, and
publication of adoption, amendment, or repeal of regulations,
which is known as the California Code of Regulations (CCR).
Government Code requires OAL to post the full text of the CCR on
its web site so that regulations can be accessed free of charge.
SB 1099, which was approved in 2012, required agencies to post
newly-filed regulations on their websites. Additionally, the law
required agencies to provide OAL with the web addresses of these
postings. OAL maintains a page on its website that lets users
follow links to recently-filed regulations.
FISCAL EFFECT : Unknown
COMMENTS : While OAL is responsible for providing free access
to the California Code of Regulations, there is not a
requirement to notify businesses of new regulations that apply
to them. The author stated that this bill aims to ease the
state's regulatory impact on businesses by providing the
notifications.
State agencies would be required to notify businesses that would
be impacted by regulations promulgated on or after January 1,
AB 376
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2014. The bill does not require state agencies to notify
businesses of existing regulations that apply to them.
While the Secretary of State's Office has an online search of
business entities that include business addresses, it is unknown
how business types are classified within this system and if
state agencies will be able to easily access this information in
order to notify specific types of businesses of new regulations
that apply to them.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
California Labor Federation
California Nurses Association
Health Access California
Sierra Club California
Analysis Prepared by : Scott Herbstman / A. & A.R. / (916)
319-3600