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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR H.C.R. 2052

 

rulemaking; legislative approval

(NOW: rulemaking; legislative authority)

Purpose

Subject to voter approval, statutorily authorizes the Legislature to reject an approved administrative rule by concurrent resolution.

Background

Statute outlines administrative procedures relating to rulemaking (A.R.S. Title 41, Chapter 6). A state agency may not conduct any rulemaking, including regular, expedited, informal, formal, emergency or exempt rulemaking, without prior written approval from the Governor. In seeking approval, a state agency must address prescribed justifications for the rulemaking. After the public comment period and the close of the rulemaking record, a state agency may not submit the proposed administrative rules to the Governor's Regulatory Review Council (GRRC) without final written approval from the Governor. Before considering administrative rules submitted by a state agency, GRRC must obtain from the state agency the initial and final approval from the Governor.

A state agency that submits a rulemaking request must recommend for consideration by the Governor at least three existing administrative rules to eliminate for every additional rule requested by the state agency. The requirement to submit three administrative rules for elimination does not apply to rules that are necessary to: 1) secure or maintain assumption of federal regulatory programs, 2) comply with an Auditor General recommendation; or 3) address a new statutory requirement (A.R.S. § 41-1039).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows the Legislature to reject, by concurrent resolution, an administrative rule that is approved by GRRC and that becomes effective in accordance with statutory rulemaking requirements.

2.   Deems an administrative rule void if the Legislature rejects the rule by concurrent resolution.

3.   Makes technical and conforming changes.

4.   Requires the Secretary of State to submit the proposition to the voters at the next general election.

5.   Becomes effective if approved by the voters and on proclamation of the Governor.

House Action

RA                  2/14/24      DPA/SE       4-2-0-0

3rd Read          2/28/24                           31-28-0-0-1

Prepared by Senate Research

March 11, 2024

JT/slp