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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: RO DPA 3-2-0-0 |
HCR2038: rulemaking; legislative ratification; regulatory costs
Sponsor: Representative Kolodin, LD 3
Caucus & COW
Overview
Submits a proposition regarding legislative ratification of proposed rules to the voters.
History
The mission of the Office of Economic Opportunity (OEO) is to expand economic opportunities for people in Arizona by leading the analysis and evaluation of Arizona's population and economy and investing in communities to power the state's economic growth (OEO).
The Administrative Rules Oversight Committee (AROC) has the authority to review any proposed or final rule for conformity with statute and legislative intent. AROC additionally receives complaints concerning statutes, rules, agency practices and substantive policy statements that are alleged to be duplicative or onerous and may hold hearings regarding the allegations (A.R.S. §§ 41-1047, 41-1048).
Provisions
1. Directs an agency to submit a proposed rule to OEO for review if the rule is estimated to increase state regulatory costs by more than $100,000 within five years after implementation. (Sec. 1)
2. Specifies that if OEO confirms a proposed rule is estimated to increase state regulatory costs by more than $500,000 within five years after the rule's implementation, the rule becomes effective only when the Legislature enacts legislation ratifying the rule. (Sec. 1)
3. Stipulates that OEO submit the proposed rule to AROC not later than 30 days before the next regular legislative session. (Sec. 1)
4. Instructs AROC to submit the proposed rule to the legislature as soon as practicable. (Sec.1)
5. Authorizes any member of the Legislature to introduce legislation to ratify the proposed rule and exempts the proposed rule from statute relating to the time and manner of rulemaking. (Sec. 1)
6. Prohibits an agency from filing a final rule with the Secretary of State before obtaining legislative approval through legislation ratifying the proposed rule. (Sec. 1)
7. Requires an agency to publish a notice of termination in the register and terminate the proposed rulemaking if the Legislature does not enact legislation to ratify the proposed rule during the current legislative session. (Sec. 1)
8. Allows a person who is regulated by an agency proposing a rule or a legislator to request OEO to review the rule. (Sec. 1)
9. Exempts emergency rules adopted pursuant to statute from the legislative ratification requirements on rulemaking. (Sec. 1)
10. States that, beginning on the general effective date, a rule is void and unenforceable unless the rule is ratified as prescribed. (Sec. 1)
11. Excludes the Arizona Corporation Commission from the requirements of legislative ratification of proposed rules. (Sec. 1)
12. Allows the Legislature to eliminate by concurrent resolution any agency rule that costs taxpayers more than $1,000,000 per year. (Sec. 1)
13. Stipulates that citizens or businesses affected by an agency rule may request OEO assess a rule's impact on taxpayers. (Sec. 1)
14. Requires OEO to complete the assessment and notify AROC, the public and the Legislature of the findings within six months. (Sec. 1)
15. Contains a severability clause. (Sec. 2)
16. Directs the Secretary of State to submit this proposition to the voters at the next general election. (Sec. 2)
Amendments
Committee on Regulatory Oversight
1. Strikes section § 41-1049, the section pertaining to rulemaking, regulatory costs that relate to specific dollar amounts, timeframes and legislative ratification.
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HCR 2038
Initials MT/GG/DC Page 0 Caucus & COW
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