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Other Legislation:
administrative rules oversight committee

Our Position: oppose
Bill Number: HB2401
Sponsor: Williams, Barnes, Burns, et al
Legislative Session: 2009 Legislative Session

HB2401 administrative rules oversight committee (Williams, Barnes, Burns, et al) reestablishes the Administrative Rules Oversight Committee (AROC), a committee that has oversight on rules and consists of 10 legislators and a representative from the governor’s office.  This committee was an ineffective mechanism for addressing concerns about rules when it existed previously and merely adds more bureaucracy to an already cumbersome process.  There were good reasons that Governor Hull vetoed a bill to keep the AROC around – no one has really missed it since.  Governor Napolitano vetoed an identical bill last session.  The entity is duplicative as there are many mechanisms for resolving issues with the rules currently.  Rules are reviewed by assistant attorneys general for compliance with the laws and must go through the Governor’s Regulatory Review Council.

Status

To read the bill or to see a more detailed status, click on HB2401.

Action Needed

Call her at (602) 542-4331 or toll free at 1-(800) 253-0883.  You can email here by clicking on Governor Brewer and then filling in the online form.

Background

The Governor’s Regulatory Review Council (GRRC) has a relatively narrow focus and already must consider whether or not a rule complies with the law and must also consider its economic and small business impacts.  Here is a portion of the statute relating to GRRC (emphasis added):

41-1052. Council review and approval

A. Before filing a final rule with the secretary of state, an agency shall prepare, transmit to the council and the committee and obtain the council's approval of the rule and its preamble and economic, small business and consumer impact statement which meets the requirements of section 41-1055.

B. Within ninety days of receipt of the rule, preamble and economic, small business and consumer impact statement, the council shall review and approve or return, in whole or in part, the rule, preamble or economic, small business and consumer impact statement. An agency may resubmit a rule, preamble or economic, small business and consumer impact statement if the council returns the rule, economic, small business and consumer impact statement or preamble, in whole or in part, to the agency.

C. The council shall not approve the rule unless:

1. The economic, small business and consumer impact statement contains the information, data and analysis prescribed by this article.

2. The economic, small business and consumer impact statement is generally accurate.

3. The probable benefits of the rule outweigh the probable costs of the rule.

4. The rule is clear, concise and understandable.

5. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority.

6. The agency adequately addressed the comments on the proposed rule and any supplemental proposals.

7. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplemental notices.

8. The preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule.

D. The council shall verify that a rule with new fees does not violate section 41-1008. The council shall not approve a rule that contains a fee increase unless two-thirds of the voting quorum present vote to approve the rule.

 

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