SB1343

THE CONTEXT: 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.

WHAT THE BILL DID: The final vetoed version would prescribe 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, stipulate 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, and exempt rules that are required to comply with federal law or receive federal monies from automatic expiration.

WHY IT MATTERED: The practical reason for this bill was to make the government process for agency review more definite and accountable. It would prescribe 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, and would also stipulate 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, rather than leave the current rule unchanged.