ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HCR2052: rulemaking; legislative approval

Sponsor: Representative McGarr, LD 17

Committee on Regulatory Affairs

Overview

Requires the approval process for any new rulemaking to be by a majority vote of the Legislature after being approved by the Governor's Regulatory Review Council (Council).

History

Statute prohibits state agencies from conducting rulemaking without prior written approval of the Governor. State agencies may not adopt any new rule that would increase existing regulatory burdens on the free exercise of property rights or the freedom to engage in lawful business or occupation unless: 1) the rule reduces regulatory restraints or burdens; or 2) is necessary to implement statutes or is required by a final court order or decision (A.R.S. §§ 41-1038, 41039).

Prior to submitting rulemaking to the Council, state agencies must hold a public comment period and receive final written approval from the Governor. The Council cannot consider rules submitted by state agencies without receiving the Governor's initial and final approval of the rulemaking. Additionally, state agencies must also recommend three rules for the Governor to eliminate for every additional rule requested. Rules that are necessary to secure or maintain assumption of federal regulatory programs, comply with an auditor general recommendation or address a new statutory requirement are exempt from consideration. State agencies additionally may not publicize any directives, policy statements, documents or forms on its website unless authorized by statute or rule (A.R.S. § 41-1039).

The Council is comprised of seven members appointed by the Governor. Their primary responsibilities are reviewing new rules or amendments proposed by state agencies and reviewing existing agency rules every five years on a rotating basis to determine if they are still necessary and effective.

Provisions

1. States that regardless of any other law, the Council must submit any regular, expedited, informal, formal, emergency or exempt rulemaking to the Legislature for final approval. (Sec. 1)

2. Makes the rule effective only upon receiving a majority vote in each chamber. (Sec. 1)

3. Directs the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 1)

4. Becomes effective if approved by the voters and on proclamation of the Governor. (Sec. 1)

5. Makes technical changes. (Sec. 1)

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9. HCR 2052

10. Initials DC Page 0 Regulatory Affairs

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