HB 2845
Initials DC Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HOUSE: RA DP 6-0-0-0
HB 2845: administrative rules oversight committee; staff
Sponsor: Representative Heap, LD 10
House Engrossed
Overview
Changes the staff for the Administrative Rules Oversight Committee (AROC) from Legislative
Council to the directors of research staff for the Arizona State Senate and House of
Representatives or their designees.
History
Statute designates AROC to oversee the adoption of rules by state agencies. The 11-member
committee includes: 1) five members of the House of Representatives appointed by the
Speaker; 2) five members of the Senate appointed by the President; 3) the Governor or
designee. Legislative Council serves as the staff for AROC (A.R.S. 41-1046).
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. Specifies that the directors of the research staff of the Senate and House of
Representatives will serve as staff for AROC rather than Legislative Council. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note