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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
GRRC; petition to request review
Purpose
Allows a person to petition the Governor's Regulatory Review Council (GRRC) for review of an existing practice, substantive policy statement or final rule of the Citizens Clean Election Commission (CCEC).
Background
GRRC consists of seven members, six who are appointed by the Governor and one who is either the Director or Assistant Director of the Arizona Department of Administration, who serves as an ex officio member and chairperson. GRRC provides oversight and administrative efficiency in the rulemaking process for state agencies, boards and commissions (A.R.S. § 41-1051).
A person may petition GRRC to request a review of an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement that is not specifically authorized by the state's occupational licensing statutes. The petition must be based on the person's belief that the agency requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern. If GRRC receives information that the agency action does not meet requirements as outlined and at least four members of GRRC request the matter to be heard in a public meeting, GRRC must determine whether to modify, revise or void the agency practice, substantive policy statement, final rule or regulatory licensing requirement within 90 days (A.R.S. § 41-1033).
In 1998, the CCEC was
established by the enactment of the Citizens Clean Elections Act (Proposition
200, 1998). The CCEC consists of five members with no more than two members
from the same political party and no more than two members from the same county
(A.R.S.
§ 16-955). In 2018, Proposition 306 was passed by the voters, which in
part, removed the CCEC's GRRC rulemaking exemption (Proposition
306, 2018).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to petition GRRC to request a review of an existing CCEC agency practice that involves interpreting a rule (agency practice), substantive policy statement or final rule based on the person's belief that the existing practice, policy statement or rule:
a) does not meet the requirements of the Administrative Procedure Act (APA);
b) exceeds the CCEC's statutory authority; or
c) violates the Arizona or U.S. Constitution.
2. Requires, if at least four members of GRRC request the matter to be heard in a public meeting, GRRC to determine whether an existing agency practice, substantive policy statement or final rule of the CCEC violates the specified guidelines within 90 days of receipt of the fourth GRRC member's request.
3. Requires the CCEC, within 30 days of receiving notice from GRRC, to address whether the existing practice, substantive policy statement or final rule violates specified guidelines.
4. Allows GRRC to modify, revise or void any CCEC agency practice, substantive policy statement or final rule that it determines:
a) does not meet the requirements of the APA;
b) exceeds the CCEC's statutory authority; or
c) violates the Arizona or U.S. Constitution.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes CCEC enforcement actions from being subject to review by GRRC.
2. Specifies that existing CCEC practices must involve interpreting a rule to be subject to GRRC review.
House Action Senate Action
RA 2/18/19 DP 4-3-0-0 JUD 3/28/19 DP 4-2-1
3rd Read 3/18/19 31-27-2
Prepared by Senate Research
April 25, 2019
JA/kja