House Engrossed

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

CHAPTER 72

HOUSE BILL 2399

 

AN ACT

 

AMENDING section 41‑1008.01, Arizona Revised Statutes; relating to the state agency fee commission.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-1008.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1008.01.  State agency fee commission; membership; duties

A.  The state agency fee commission is established consisting of the following members:

1.  Six members who are appointed by the governor, four who are private sector professionals from diverse sectors who represent entities that are licensed or permitted by the state and two who are state agency executives.

2.  Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party.

3.  Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party.

4.  The director of the governor's office of strategic planning and budgeting.

B.  The governor shall appoint one member of the legislative members appointed to the commission as chairperson of the commission and shall appoint one member of the commission as the vice-chairperson.  Commission members serve at the pleasure of that person's appointing officer and are not eligible to receive compensation or reimbursement of expenses.

C.  The commission shall:

1.  Review all state agencies, except those exempted in the commission bylaws and any state agency whose executive is an elected official, the arizona supreme court and the arizona court of appeals, at least once in each five‑year period, beginning October 1, 2011 or whenever the commission deems necessary.

2.  Establish a fee review process of state agencies.

3.  Issue an annual, comprehensive report that includes all of the following:

(a)  An analysis inventory of the fees assessed by each of the reviewed agencies.  The analysis shall include a comparison of this state's agencies with other, similar agencies in other southwestern states as well as a comparison with nationwide trends.

(b)  An analysis of the methods used by agencies to set fees.  The analysis may include a comparison of this state's agencies with other similar agencies in other southwestern states as well as a comparison with nationwide trends.

(c)  An analysis of the effects that fees currently have on regulated industries, businesses or consumer groups for each agency AS PROVIDED TO THE COMMISSION THROUGH WRITTEN COMMENTS, TESTIMONY OR ANY ANALYSIS PERFORMED BY THE governor's OFFICE OF STRATEGIC PLANNING AND BUDGETING.

(d)  An analysis of the long‑term sustainability of the regulated program based on all fund sources.

(e)  A list of agencies to be reviewed in the following year.

(f)  An analysis of the effects recent budget reductions and fund transfers have had on agencies and their fee funds.

D.  At its first meeting, the commission shall adopt bylaws to govern issues related to the conduct of the commission business and potential conflicts of interest.

D.  The commission may analyze and discuss the current process for increasing fees, including emergency fee rule authority, and make recommendations to improve that process.  The commission shall submit any recommendations to the governor, the president of the senate and the speaker of the house of representatives.  The commission shall make any recommendations available to the public on the websites of the governor's office of strategic planning and budgeting and the legislature.

E.  Agencies selected for review by the commission shall cooperate with the commission and shall provide information as requested by the commission.

F.  The commission may use the services of the staff of the governor's office of strategic planning and budgeting as required.

G.  On or before December 31, 2011, the commission shall:

1.  Submit its first annual report to the governor, the president of the senate and the speaker of the house of representatives.  The commission shall

2.  Provide a copy of the report to the secretary of state.

3.  Make its annual report available to the public on the websites of the governor's office of strategic planning and budgeting and the legislature. END_STATUTE

 

 

 

 

 

APPROVED BY THE GOVERNOR MARCH 21, 2012.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 22, 2012.