HB 2471
Initials DC Page 1 Regulatory Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2471: rulemaking; legislative approval
Sponsor: Representative McGarr, LD 17
Committee on Regulatory Affairs
Overview
Outlines the approval process for any new rulemaking by a majority vote in both chambers
after being approved by the governor's regulatory review council (GRRC).
History
State agencies are required by statute to not conduct any rulemaking without prior written
approval of the governor. In order to seek approval, the agency must be able to justify the
rule by addressing one of the rulemaking justifications outlined in statute. 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, 41-1039).
Prior to submitting all rulemaking to the GRCC, agencies must hold a public comment period
and receive final written approval from the Governor. The GRCC cannot consider rules
submitted by a state agency 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 by the state agency. 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 GRRC is comprised of seven governor appointed members whose 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. Requires the GRCC to submit any regular, expedited, informal, formal, emergency or
exempt rulemaking to the legislature for final approval. (Sec. 1)
2. States that the rule becomes effective upon receiving a majority vote in each chamber,
and if the rule fails to receive a majority vote in both chambers, the rule does not become
effective. (Sec. 1)
3. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note