Bill Amendment: AZ HB2297 | 2015 | Fifty-second Legislature 1st Regular

Arizona House Bill 2297 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: State agency rulemaking; restrictions

Status: 2015-04-09 - Chapter 240 [HB2297 Detail]

Download: Arizona-2015-HB2297-SENATE_ADOPTED_AMENDMENT_Yarbrough_flr_amend_ref_Bill_adopted.html

Bill Number: H.B. 2297

Yarbrough Floor Amendment

Reference to: House engrossed bill

Amendment drafted by: Legislative Council

FLOOR AMENDMENT EXPLANATION

Adds the criteria that specified agency rules must be necessary to implement statutes or be required by a final court order or decision, rather than strictly ministerial in implementing legislative standards.

Specifies that the prohibition does not apply to agency rules that are necessary to implement statutes or that are required by final court order or decision, and rules that are necessary to avoid sanctions that would result from a failure to take rulemaking action.

Clarifies that the prohibition does not apply to agency rules that are necessary to protect public health and safety.

Fifty-second Legislature Yarbrough

First Regular Session H.B. 2297

YARBROUGH FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2297

(Reference to House engrossed bill)

Page 1, line 5, after "exceptions" insert "; definition"

Strike lines 12 and 13, insert:

"2. necessary to implement statutes or required by a final court order or decision."

Line 23, strike "for health regulatory boards established pursuant to"

Line 24, strike "title 32 to provide for" insert "to protect"; after "public" insert "health and"; strike "and enforce standards of care"

Between lines 24 and 25, insert:

"3. Are necessary to avoid sanctions that would result from a failure to take rulemaking action pursuant to a court order or federal law."

After line 27, insert:

"E. For the purposes of this section, "to protect public health and safety" means the IMMEDIATE need to address or prevent an outbreak of an infectious disease, a disaster or any other CATASTROPHIC event."

Amend title to conform