Assigned to GOV FOR COMMITTEE
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. ยง 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. FACT SHEET
H.C.R. 2052
Page 2
House Action
RA 2/14/24 DPA/SE 4-2-0-0
3
rd
Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
JT/slp