Today's Law As Amended

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AB-1982 Regulations: effective date: legislative review.(2011-2012)



SECTION 1.

 Section 11343.4 of the Government Code is amended to read:

11343.4.
 (a) A  Except as otherwise provided in subdivision (b), a    regulation or an order of repeal required to be filed with the Secretary of State shall become effective on a quarterly basis as follows: the 90th day after the date of filing unless any of the following occurs: 
(1) January 1 if the regulation or order of repeal is filed on September 1 to November 30, inclusive.
(2) April 1 if the regulation or order of repeal is filed on December 1 to February 29, inclusive.
(3) July 1 if the regulation or order of repeal is filed on March 1 to May 31, inclusive.
(4) October 1 if the regulation or order of repeal is filed on June 1 to August 31, inclusive.
(b) The effective dates in subdivision (a) shall not apply in all of the following:
(1) (a)  The effective date is  Otherwise  specifically provided by the statute pursuant to which the regulation or order of repeal was adopted, in which event it becomes effective on the day prescribed by the statute.
(2) (b)  A later date is prescribed by the state agency in a written instrument filed with, or as part of, the regulation or order of repeal.
(3) (c)  The agency makes a written request to the office demonstrating good cause for an earlier effective date, in which case the office may prescribe an earlier date.
(4) (A) A regulation adopted by the Fish and Game Commission that is governed by Article 2 (commencing with Section 250) of Chapter 2 of Division 1 of the Fish and Game Code.
(B) (d)  A regulation adopted by the Fish and Game Commission that requires a different effective date in order to conform to a federal  The Legislature passes a statute to override the  regulation.

SEC. 2.

 Section 11349.3 of the Government Code is amended to read:

11349.3.
 (a) (1)  The office shall either approve a regulation submitted to it for review and transmit it to the Secretary of State for filing or disapprove it within 30 working days after the regulation has been submitted to the office for review. If the office fails to act within 30 days, the regulation shall be deemed to have been approved and the office shall transmit it to the Secretary of State for filing.
(2) The office shall submit a copy of each major regulation submitted to the Secretary of State pursuant to paragraph (1) to each house of the Legislature for review.
(b) If the office disapproves a regulation, it shall return it to the adopting agency within the 30-day period specified in subdivision (a) accompanied by a notice specifying the reasons for disapproval. Within seven calendar days of the issuance of the notice, the office shall provide the adopting agency with a written decision detailing the reasons for disapproval. No regulation shall be disapproved except for failure to comply with the standards set forth in Section 11349.1 11349.1,  or for failure to comply with this chapter.
(c) If an agency determines, on its own initiative, that a regulation submitted pursuant to subdivision (a) should be returned by the office prior to completion of the office’s review, it may request the return of the regulation. All requests for the return of a regulation shall be memorialized in writing by the submitting agency no later than one week following the request. Any regulation returned pursuant to this subdivision shall be resubmitted to the office for review within the one-year period specified in subdivision (b) of Section 11346.4 or shall comply with Article 5 (commencing with Section 11346) prior to resubmission.
(d) The office shall not initiate the return of a regulation pursuant to subdivision (c) as an alternative to disapproval pursuant to subdivision (b).