California Legislature—2013–14 Regular Session

Assembly BillNo. 1612


Introduced by Assembly Member Donnelly

February 6, 2014


An act to amend Section 11344 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1612, as introduced, Donnelly. State government: regulations.

The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act requires the Office of Administrative Law to provide on its Internet Web site, free of charges the full text of the California Code of Regulations, and a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness, as specified. Existing law requires the Legislative Counsel to make specified information available to the public in electronic form, including, among other things, the legislative calendar, the text of each bill introduced in each current legislative session, the California Codes, and the California Constitution.

This bill would require the Office of Administrative Law to make those regulations searchable in one or more formats and by one or more means in order to provide the greatest feasible access to the public, and also make those regulations available by other means, as specified. This bill would declare legislative intent to provide a level of public access to the California Code of Regulations that is equal to, or greater than, the level of access to the California Codes provided by the Legislative Counsel.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 11344 of the Government Code is
2amended to read:

3

11344.  

The office shall do all of the following:

4(a) begin insert(1)end insertbegin insertend insert Provide for the official compilation, printing, and
5publication of adoption, amendment, or repeal of regulations,
6which shall be known as the California Code of Regulations. On
7and after July 1, 1998, the office shall make available on the
8Internet, free of charge, the full text of the California Code of
9Regulations, and may contract with another state agency or a
10private entity in order to provide this service.

begin insert

11(2) The regulations required to be made available on the Internet
12pursuant to paragraph (1) shall be searchable in one or more
13formats and by one or more means in order to provide the greatest
14feasible access to the general public in this state, including the
15ability to access all or any part of the regulations. The regulations
16may also be made available by any other means of access that
17would facilitate public access to the information.

end insert
begin insert

18(3) It is the intent of the Legislature, in enacting this subdivision,
19that the office shall provide a level of public access to the
20California Code of Regulations that is equal to, or greater than,
21the level of access to the California Codes provided by the
22Legislative Counsel pursuant to subdivision (b) of Section 10248.

end insert

23(b) Make available on its Internet Web site a list of, and a link
24to the full text of, each regulation filed with the Secretary of State
25that is pending effectiveness pursuant to Section 11343.4.

26(c) Provide for the compilation, printing, and publication of
27weekly updates of the California Code of Regulations. This
28publication shall be known as the California Code of Regulations
29Supplement and shall contain amendments to the code.

30(d) Provide for the publication dates and manner and form in
31which regulations shall be printed and distributed and ensure that
32regulations are available in printed form at the earliest practicable
33date after filing with the Secretary of State.

34(e) Ensure that each regulation is printed together with a
35reference to the statutory authority pursuant to which it was enacted
P3    1and the specific statute or other provision of law which the
2regulation is implementing, interpreting, or making specific.



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