HB 2471
Initials DC/RP Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: RA DP 4-2-0-0
HB 2471: rulemaking; legislative approval
Sponsor: Representative McGarr, LD 17
House Engrossed
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. Makes technical changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note