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SB-1104 Office of Regulatory Counsel(2023-2024)

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Date Published: 04/10/2024 09:00 PM
SB1104:v98#DOCUMENT

Amended  IN  Senate  April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1104


Introduced by Senator Niello

February 13, 2024


An act to add and repeal Chapter 1.7 (commencing with Section 12100.200) to of Part 2 of Division 3 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1104, as amended, Niello. Office of Regulatory Counsel
Existing law establishes the Government Operations Agency, which consists of several departments including the Office of Administrative Law (OAL). Existing law, the Administrative Procedures 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 OAL. Existing law requires the OAL to provide for the publication of the California Regulatory Notice Register and to include specified information in the register, including notices of proposed action prepared by regulatory agencies, a summary of regulations filed with the Secretary of State, and a summary of regulation decisions issued, as specified.
This bill bill, until January 1, 2035, would establish the Office of Regulatory Counsel in state government within the Governor’s office, under the direction and control of a director. The bill would require the director to be appointed by the Governor, subject to confirmation of the Senate and for the director’s term to be coterminous with that of the appointing power, except as provided.
This bill would require the office to draft and assist in the preparation, consideration, amendment, and repeal of regulations for a state agency, before the state agency submits a proposed action regarding that regulation to the OAL for publication in the California Regulatory Notice Register.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Chapter 1.7 (commencing with Section 12100.200) is added to Part 2 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  1.7. Office of Regulatory counsel

12100.200.
 For purposes of this chapter, the following shall apply:
(a) “Office” shall mean the Office of Regulatory Counsel.
(b) “Regulation” has the same meaning as the term is defined in Section 11342.600.

12100.201.
 (a) The Office of Regulatory Counsel is hereby established in state government in the Governor’s office. The office shall be under the direction and control of an executive officer who shall be known as the director. The director’s term of office shall be coterminous with that of the appointing power, except that they shall be subject to reappointment.
(b) The director shall be appointed by the Governor subject to the confirmation of the Senate.

12100.202.
 The office shall draft and assist in the preparation, consideration, amendment, and repeal of regulations for a state agency, before the state agency submits a proposed action regarding that regulation to the Office of Administrative Law for publication in the California Regulatory Notice Register, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1.

12100.203.
 This chapter shall remain in effect only until January 1, 2035, and as of that date is repealed.