ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: RA DPA/SE

---

HCR 2052: rulemaking; legislative approval

S/E: rulemaking; legislative authority

Sponsor: Representative McGarr, LD 17

Caucus & COW

Summary of the Strike-Everything Amendment to HCR 2052

Overview

Authorizes the Legislature to reject a rule approved by the Governor's Regulatory Review Council (Council) with a concurrent resolution.  Deems the rule void if the Legislature rejects the rule by concurrent resolution.

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 Legislature may reject an approved and effective rule approved by the Council through a concurrent resolution.  (Sec. 1)

2. Declares the rule to be void if rejected by the Legislature.  (Sec. 1)

3. Directs the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 1)2

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

5. Makes technical and conforming changes. (Sec. 1)

---------- DOCUMENT FOOTER ---------

                        HCR 2052

Initials DC     Page 0 Caucus & COW

---------- DOCUMENT FOOTER ---------