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SB96 INTRODUCED
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SB96
NR5PBJ8-1
By Senators Kelley, Sessions, Givhan, Orr, Barfoot, Stutts,
Kitchens
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
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NR5PBJ8-1 08/22/2025 PMG (L)PMG 2025-2519
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First Read: 13-Jan-26
SYNOPSIS:
Under the Alabama Administrative Procedures Act,
an agency may adopt an emergency rule if the agency
finds that an immediate danger to the public health,
safety, or welfare requires the adoption of the
emergency rule.
This bill would require the Governor to certify
the immediate danger to the public health, safety, or
welfare justifies the need for the emergency rule
before the rule may become effective.
A BILL
TO BE ENTITLED
AN ACT
Relating to administrative rules; to amend Section
Section 41-22-5, Code of Alabama 1975, to require the Governor
to certify the need for an emergency rule before the rule may
become effective.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 41-22-5, Code of Alabama 1975, is
amended to read as follows:
"§41-22-5
(a) Prior to the adoption, amendment, or repeal of any
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(a) Prior to the adoption, amendment, or repeal of any
rule, the agency shall:
(1) Give at least 35 days' notice of its intended
action. Date of publication in the Alabama Administrative
Monthly shall constitute the date of notice. In addition to
the other requirements of this chapter, the notice shall state
whether the proposed adoption, amendment, or repeal of the
rule relates to or affects in any manner any litigation which
the agency is a party to concerning the subject matter of the
proposed rule. The notice shall include a statement of either
the terms or substance of the intended action or a description
of the subjects and issues involved, shall specify a notice
period ending not less than 35 days or more than 90 days from
the date of the notice, during which period interested persons
may present their views, and shall specify the place where,
and the manner in which, interested persons may present their
views. The notice shall be given to the chair of the
committee, as provided in Section 41-22-23, and mailed to all
persons who pay the cost of the mailing and who have made
timely request of the agency for advance notice of its
rulemaking proceedings and shall be published, prior to any
action, in the Alabama Administrative Monthly. A complete copy
of the proposed rule shall be filed with the secretary of the
agency and the Legislative Services Agency, Legal Division.
(2) Afford all interested persons reasonable
opportunity to submit data, views, or arguments, orally or in
writing. The agency shall consider fully all written and oral
submissions respecting the proposed rule. Upon adoption of a
rule, the agency, if conflicting views are submitted on the
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rule, the agency, if conflicting views are submitted on the
proposed rule, shall issue a concise statement of the
principal reasons for and against its adoption, incorporating
therein its reasons for overruling any considerations urged
against its adoption.
(b)(1) Notwithstanding any other provision of this
chapter to the contrary, if an agency finds that an immediate
danger to the public health, safety, or welfare requires
adoption of a rule upon fewer than 35 days' notice or that
action is required by or to comply with a federal statute or
regulation which requires adoption of a rule upon fewer than
35 days' notice and states in writing its reasons for that
finding to the committee, the agency may proceed without prior
notice or hearing or upon any abbreviated notice and hearing
that it finds practicable, to adopt an emergency rule. The
rule shall become effective immediately, unless otherwise
stated in the rule, upon both of the following occurring: (i)
the filing of the rule and a copy of the written statement of
the reasons therefor with the Legislative Services Agency,
Legal Division, and the secretary of the agency ; and (ii)
certification by the Governor that the immediate danger to the
public health, safety, or welfare justifies the need for the
emergency rule . The rule may be effective for a period of not
longer than 120 days after the day the agency files the
emergency rule with the Legislative Services Agency, Legal
Division, and shall not be renewable.
(2) An agency shall not adopt the same or a
substantially similar emergency rule within one calendar year
from its first adoption unless : (i) the agency clearly
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from its first adoption unless : (i) the agency clearly
establishes it could not reasonably be foreseen during the
initial 120-day period that such emergency the immediate
danger to the health, safety, and welfare would continue or
would likely reoccur during the next nine months ; and (ii) the
Governor certifies that the immediate danger to the public
health, safety, or welfare continues to justify the need for
the emergency rule . The adoption of the same or a
substantially similar rule by normal rulemaking procedures is
not precluded. In any subsequent action contesting the
effective date of a rule adopted pursuant to this subsection,
the burden of proof shall be on the agency to justify its
finding.
(3) Prior to indexing and publication, the agency shall
make reasonable efforts to apprise the persons who may be
affected by its rules of the adoption of the emergency rule.
An emergency rule shall be strictly construed and shall not be
valid except to the extent necessary to prevent, mitigate, or
resolve immediate danger to the public health, safety, or
welfare.
(c) It is the intent of this section to establish basic
minimum procedural requirements for the adoption, amendment,
or repeal of administrative rules. Except for emergency rules
which that are provided for in subsection (b), this section is
applicable to the exercise of any rulemaking authority
conferred by any statute, but nothing in this section repeals
or diminishes additional requirements imposed by law or
diminishes or repeals any summary power granted by law to the
state or any agency thereof.
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state or any agency thereof.
(d) No rule adopted after October 1, 1982, is valid
unless adopted in substantial compliance with this section. A
proceeding to contest any rule on the ground of noncompliance
with the procedural requirements of this section must be
commenced within two years from the effective date of the
rule; provided, however, that a proceeding to contest a rule
based on failure to provide notice as required in this section
may be commenced at any time."
Section 2. This act shall become effective on June 1,
2026.
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