PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1459
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 41, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 41-1038, to read:
41-1038. Rules; restrictions; fees and costs
A. Notwithstanding any other law, an agency shall not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless:
1. The rule is a component of a comprehensive effort to reduce regulatory restraints or burdens.
2. The rule is strictly ministerial in implementing legislative standards that manifest a clear legislative determination of all relevant public policies.
B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section shall have a defense to the enforcement action. Any court or adjudicatory body considering or reviewing the defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule. The court or adjudicatory body may award the prevailing party, other than the agency, attorney fees and costs."