ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2184: secretary of state; rulemaking |
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PRIME SPONSOR: Representative Coleman, LD 16 BILL STATUS: Government
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Relating to rulemaking requirements.
Provisions
1. Repeals the requirement that SOS:
a. Establish a no trespass public notice list that identifies employers who have established private property rights to their establishment and any real property in the state; and
b. Make the list accessible to the public, post the list on the SOS website and provide a copy of the list to every law enforcement agency. (Sec. 1)
2. Requires an agency to prepare and file a notice with the SOS of proposed rulemaking in order to renumber a rule. (Sec. 10)
o Currently, agency's must file notice with the SOS to make, amend or repeal a rule (A.R.S. § 41-1022).
3. Permits any person to petition an agency to amend or repeal a final rule. (Sec. 12)
o Currently, any person may petition an agency to make a final rule or review an existing agency practice that the petitioner alleges constitutes a rule (A.R.S. § 41-1033).
4. Specifies that an agencies response to a person requesting that the agency make, amend or repeal a rule is open to public inspection. (Sec. 12)
5. Requires an agency that is exempt from some or all rulemaking, licensing and hearing requirements to:
a. Determine which of the following notices to file with the SOS:
i. A notice of exempt rulemaking;
ii. A notice of proposed exempt rulemaking;
iii. A notice of supplemental proposed exempt rulemaking; or
iv. A notice of final exempt rulemaking.
b. Prepare a rulemaking notice in order to make, amend, renumber or repeal a rule and file the notice with the SOS; and
c. Comply with the SOS formatting and filing requirements for publishing in the AAC and AAR or issuing notices with the SOS. (Sec. 14)
6. Specifies that a notice of exempt, proposed exempt or final exempt rulemaking for an agency that is exempt from rulemaking requirements must include:
a. A preamble, including the citation to the agency's exemption;
b. The code chapter and article in which the rule is being proposed;
c. The proposed or current rule section number; and
d. The exact wording of the rule, including the full text of any rule, amendment, renumbering or repeal of a current rule. (Sec. 14)
7. Requires the SOS to publish a notice of exempt, proposed exempt or final exempt rulemaking in the AAR or publish under other requirements in statute or session law for the exempt agency.
a. Requires the exempt rules to be codified and published in the AAC. (Sec. 14)
8. Removes language specifying that books delivered to officers in the state remain the property of the state. (Sec. 2)
9. Repeals the requirement that the SOS biennially publish and distribute the Arizona Blue Book. (Sec. 3)
10. Repeals the Arizona Blue Book Revolving Fund and transfers all unexpended and unencumbered monies in the Fund to the GF. (Sec. 3)
11. Permits the SOS to certify any publicly recorded document with the state seal upon request.
a. Permits the SOS to charge a per page copy fee and certified copy fee. (Sec. 4)
12. Removes the requirement that the head of each state and local agency submit a list of all public records in the agency's custody that are not needed and not considered to have sufficient value to warrant their inclusion in established disposal schedules. (Sec. 5)
13. Requires agencies that make a final rule that is exempt from rulemaking requirements to prepare a notice and follow SOS formatting guidelines and prepare required rulemaking exemption notices. (Sec. 7)
14. Requires the AAC to contain the full text of each emergency rule filed with the SOS and expired rule removed by GRRC. (Sec. 8)
15. Requires the SOS to electronically publish a code supplement each quarter, rather than publish all final rules and exempt rules in loose-leaf form each quarter. (Sec. 8)
16. Specifies that publication of a rule by the SOS constitutes prima facie evidence of the approving of a final, emergency or exempt rule and carries the weight of law. (Sec. 8)
17. Requires the SOS to offer an email service for persons to receive notification of when a quarterly supplement has been published.
a. Requires the email service to include a list of published chapters and where they can be posted. (Sec. 8)
18. Removes the requirement that the SOS make the AAC available by subscription and single-copy purchase, and instead requires the SOS to:
a. Publish the code for free;
b. Establish a commercial use fee for the AAC; and
c. Honor any paper subscription in place at the end of FY18 until it expires. (Sec. 8)
19. Requires notices of proposed rulemaking that are prepared by an agency to make, amend, renumber or repeal a rule to follow formatting guidelines prescribed by the SOS. (Sec. 10)
20. Requires an agency's notice of proposed rulemaking to include:
a. The code chapter and article that is being proposed;
b. The proposed or current rule section number; and
c. The full text of a new rule and any amendment, renumbering or repeal of a current rule. (Sec. 10)
21. Stipulates that if an agency decides to provide notification of proposed rulemaking or a county decides to provide notice of proposed environmental rulemaking to each requesting person by mail, it must be delivered by first-class mail, rather than regular mail. (Sec. 10)
o Currently, an agency or county may choose to provide the notification by regular mail, fax or email to each requesting person (A.R.S. §§ 41-1022 & 49-471.04).
22. Removes the requirement that an agency wait at least 30 days after publication of rulemaking notice in the AAR before commencing any proceedings for that rulemaking. (Sec. 10)
23. Requires an agency to comply with statutory requirements for public comment on proposed rulemaking. (Sec. 10)
o Currently, an agency must allow for 30 days of public comment on proposed rulemaking and schedule an oral hearing if one is requested within 30 days of publication of a proposed rulemaking notice (A.R.S. § 41-1023).
24. Requires a notice of supplemental rulemaking prepared by an agency that makes a substantial change as a result of public comment to be filed with the SOS for publication in the AAR. (Sec. 10)
25. Removes the requirement that the SOS indelibly mark each book delivered to state officers with the name of the county and officer designation. (Sec. 2)
26. Requires the SOS to publish an emergency rule and emergency renewal in the AAC. (Sec. 11)
27. Requires the AG to create a certificate of approval for any emergency rule renewal and file it with the SOS, rather than requiring the agency to file notice of the renewal and required AG approval with the SOS. (Sec. 11)
28. Requires the SOS, upon expiration of the 180-day effective period of an emergency rule, to remove the rule from the AAC. (Sec. 11)
29. Stipulates that if a rule has not been made to replace an emergency rule upon termination of the emergency rule, the rule in place before the emergency is restored. (Sec. 11)
30. Removes the requirement that the SOS publish notices of county environmental rulemaking and expeditated rulemaking in the AAR, and instead requires the county to prepare a notice of proposed rule or ordinance making and post it on the county's website.
a. Stipulates that notices of environmental rulemaking must be prepared by the BOS and notices of expedited rule or ordinance making must be prepared by the control officer for that county. (Sec. 15, 16)
31. Requires the notice of proposed county rule or ordinance to contain the full text of the proposed rule or ordinance. (Sec. 15)
32. Requires the county control officer to file a paper notice of an expeditated rule or ordinance with the BOS. (Sec. 16)
33. Requires the final notice for expedited county rule or ordinance making prepared after adoption by the BOS to contain the BOS meeting minutes and be posted on the county's website. (Sec. 16)
34. Defines act, code, notice of exempt rulemaking, notice of final exempt rulemaking, notice of proposed exempt rulemaking, notice of supplemental proposed exempt rulemaking, published, register and rulemaking. (Sec. 6, 14)
35. Makes technical and conforming changes. (Sec. 2, 5, 6, 8-13, 15, 16)
Current Law
The SOS is required to prepare and publish the AAC and AAR. The SOS is required to prescribe a uniform numbering system and have reasonable discretion to determine the form and style of rules filed (A.R.S. § 41-1011). The AAC is required to contain the full text of each final rule and exempt rule filed with the SOS. The SOS is required to publish all final rules and exempt rules in loose-leaf form once every quarter (A.R.S. § 41-1012). Additionally, the SOS must electronically publish the AAR each month, which must contain notices of ongoing rulemaking proceedings (A.R.S. § 41-1013).
Each agency is required to establish and maintain a current, public rulemaking docket for each pending rulemaking proceeding. The docket for each rulemaking proceeding must include certain information, including: the subject matter of the proposed rule, the citation to all published notices, the current status of the rule and with whom and where a person can communicate regarding a rule (A.R.S. § 41-1021). Additionally, before any rulemaking, amendment or repeal, an agency must file a notice of the proposed action with the SOS (A.R.S. § 41-1022). After publication of the notice of proposed rulemaking, an agency must allow for 30 days of public comment on the proposed rule. The agency must hold an oral proceeding if one is requested in writing. The agency must provide 30 days' notice of any hearing in the AAR (A.R.S. § 41-1023).
Upon termination of the rulemaking docket, the agency must submit the rule to GRRC and the Administrative Rules Oversight Committee, unless the rule is exempted from rulemaking requirements or an emergency rule, in which case AG approval is required. An agency may not file a final rule with the SOS without approval from GRRC or the AG (A.R.S. § 41-1024). If an agency finds that a rule is necessary as an emergency measure, the rule may be made, amended or repealed without notice requirements and prior review by GRRC, if the rule is first approved by the AG and filed with the SOS. Emergency rules are effective for 180 days and may be renewed for an additional 180 days if certain criteria are met (A.R.S. § 41-1026).
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Fifty-third Legislature HB 2184
Second Regular Session Version 1: Government
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