Senate Engrossed

 

regulatory costs; rulemaking; legislative ratification

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

SENATE BILL 1153

 

 

 

 

An Act

 

amending title 41, chapter 6, article 4.1, Arizona Revised Statutes, by adding section 41-1049; relating to rulemaking.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 41, chapter 6, article 4.1, Arizona Revised Statutes, is amended by adding section 41-1049, to read:

START_STATUTE41-1049. Proposed rulemaking; regulatory costs; legislative ratification; applicability

A. Notwithstanding any other law, an agency shall submit a proposed rule that is estimated to increase regulatory costs in this state by more than $100,000 within five years after implementation to the office of economic OPPORTUNITY for review. if the office of economic OPPORTUNITY confirms that the proposed rule is estimated to increase regulatory costs in this state by more than $500,000 within five years after implementation, the proposed rule may not become effective until the legislature enacts legislation ratifying the proposed rule.

B. The office of economic opportunity shall submit the proposed rule to the administrative rules oversight committee not later than thirty days before the next regular legislative session. The committee must submit the proposed rule to the legislature as soon as practicable.

C. Any member of the legislature may introduce legislation to ratify the proposed rule. The proposed rule is exempt from section 41-1024, subsection B.

D. The agency may not file a final rule with the secretary of state before obtaining legislative approval of the rule through legislation ratifying the proposed rule. If the legislature does not enact legislation to ratify the proposed rule during the current legislative session, the agency shall terminate the proposed rulemaking by publishing a notice of termination in the register.

e. if a person is regulated by an agency that is proposing a rule, that person may request the office of economic opportunity to review the rule. a legislator may also REQUEST the office of economic opportunity to review a proposed rule.

f. This section does not apply to emergency rules adopted pursuant to section 41-1026.

g. Beginning on the effective date of this section, a rule prescribed by subsection A of this section is void and unenforceable unless the rule is ratified as prescribed by this section.

h. This section does not apply to the corporation commission. END_STATUTE