Assigned to GOV                                                                                                                                                                                                                                       FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

FACT SHEET FOR S.B. 1211

administrative rules; expiration; legislative extension

Purpose

                      Repeals all administrative rules on July 1, 2022, unless extended by an agency through the statutory rulemaking process. Repeals the Arizona Administrative Code (AAC) each year, beginning July 1, 2023, unless continued by the Legislature for up to one year.

Background

                      Agencies must make rules of practice setting forth the nature and requirements of all formal procedures available to the public (A.R.S.   41-1003). The Secretary of State (SOS) must prepare and publish the AAC, which contains the full text of each final, expedited and emergency rule filed with the SOS. The SOS has reasonable discretion to determine the form and style for filed rules and must publish the AAC electronically for free (A.R.S.     41-1011 and 41-1012).

                      Agencies must establish and maintain current, public rulemaking dockets for each pending rule, which must include specified information (A.R.S.   41-1021). In order to make, amend, renumber or repeal a rule, agencies must prepare a notice of proposed rulemaking, which must be published by the SOS in the Arizona Administrative Registry (A.R.S.   41-1022). Statute outlines required processes for agencies to make, amend, renumber or repeal final, expedited and emergency rules (A.R.S. Title 41, Chapter 6, Article 3).

                      There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.           Repeals all administrative rules adopted before the effective date of this legislation on July 1, 2022.

2.           Requires an agency to comply with statutory rulemaking requirements in order to extend a rule adopted before the effective date of this legislation beyond the repeal date of July 1, 2022.

3.           Requires, beginning July 1, 2023, the AAC to expire each year, unless approved by the Legislature for a period of up to one year.

4.           Defines rule as a rule published in the AAC.

5.           Becomes effective on the general effective date, with a delayed effective date as noted.

Prepared by Senate Research

February 6, 2020

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