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AB-1969 Regulations: filing.(2011-2012)

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AB1969:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1969


Introduced  by  Assembly Member Beth Gaines
(Principal Coauthor(s): Assembly Member Norby)

February 23, 2012


An act to amend Section 11349.3 of the Government Code, relating to regulations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1969, as amended, Beth Gaines. Regulations: filing.
The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law. That act requires the office to transmit a copy of a regulation to the Secretary of State for filing if the office approves the regulation or fails to act on it within 30 days. That act provides that a regulation or an order of repeal of a regulation becomes effective on the 30th day after it is filed with the Secretary of State, unless prescribed conditions occur.
This bill would prohibit the office from transmitting any regulation to the Secretary of State for filing that it receives between January 1, 2013, and January 1, 2015, inclusive, until after January 1, 2015. This bill would exempt from the requirements of this bill a regulation proposed by a public safety or public health agency or department.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 11349.3 of the Government Code is amended to read:

11349.3.
 (a) (1) Subject to paragraph (2), 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 not transmit any regulation to the Secretary of State for filing that it receives between January 1, 2013, and January 1, 2015, inclusive, until after January 1, 2015. This paragraph shall not apply to a regulation proposed by a public safety agency or department, as defined in Section 53120, or a public health agency or department, including the California Health and Human Services Agency.
(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 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).