Bill Text

Bill Information

Add To My Favorites | print page

AB-4 Regulations: effective date.(2011-2012)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB4:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 1st Ext.

Assembly Bill
No. 4


Introduced  by  Assembly Member Logue

December 06, 2010


An act to amend Section 11343.4 of the Government Code, relating to regulations.


LEGISLATIVE COUNSEL'S DIGEST


AB 4, as introduced, Logue. Regulations: effective date.
Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Under existing law, 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, except as provided.
This bill would require that a regulation or an order of repeal of a regulation become effective, instead, on January 1 next following a 90-day period after the date it is filed with the Secretary of State, except as provided.
The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010.
This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 6, 2010, pursuant to the California Constitution.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 11343.4 of the Government Code is amended to read:

11343.4.
 A regulation or an order of repeal required to be filed with the Secretary of State shall become effective on the 30th day January 1 next following a 90-day period after the date of filing unless:
(a) 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.
(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.
(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.

SEC. 2.

 This act addresses the fiscal emergency declared by the Governor by proclamation on December 6, 2010, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.