SB 1343
Initials DC/SJ Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: GOV DPA 5-2-1-0 | 3
rd
Read 16-12-2-0
House: RA DP 4-2-0-1
SB 1343: agency review; rules; automatic expiration
Sponsor: Senator Petersen, LD 14
House Engrossed
Overview
Outlines requirements relating to agency review of rules.
History
Under the Administrative Procedures Act (APA), the established Governor's Regulatory
Review Council (GRRC) retains the authority to approve or disapprove any agency's proposed
rule, the preamble to the rule and the economic, small business and consumer impact
statement for the rule (A.R.S. § 41-1052).
The APA is a group of statutes that governs how state agencies do rule making. Statute
defines Rule as an agency's assertion that implements, interprets and prescribes policy and
its procedures, excluding non-delegation agreements (Title 41, Chapter 6, A.R.S.).
Current law states that if an agency fails to submit a report, file an extension before the due
date of the report or files an extension and does not submit its report within the extension
period, the rule scheduled for review will expire and directs GRRC to:
1) cause a notice to be published in the next register that states that the rule has expired
and is no longer enforceable;
2) notify the Secretary of State that the rule has expired and needs to be removed from
the code; and
3) notify the agency the rule has expired and is no longer enforceable (A.R.S. § 41-1056).
Provisions
1. Prescribes that any analysis performed as part of a review of an agency rule that
examines the economic impact, compliance, implementation or other costs of the rule, to
the greatest extent possible must use actual impacts and costs from the past five years
the rule has been in effect, as the basis for any calculation rather than only using
estimated impacts and costs. (Sec. 3)
2. Stipulates that any rule regarding occupational licenses adopted by an agency must
automatically expire at the conclusion of the five-year review, unless the agency performs
a review pursuant to statute and does the following:
a) readopts the code chapter;
b) publishes an evaluation of the burdens on similar occupational licenses in all states
that border Arizona and justifies any instance where Arizona imposes a greater
burden on a licensee than any neighboring states; and
c) publishes a report available on the agency's website that includes analyses and
responses to public comments. (Sec. 3) SB 1343
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3. Exempts rules that are required to comply with federal law or receive federal monies from
automatic expiration. (Sec. 3)
4. Applies current statue relating to the expiration of a rule to an occupational licensing
agency that has not timely adopted its rules. (Sec. 3)
5. Makes technical and conforming changes. (Sec. 1-3)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note