Arizona House of Representatives Committee on Regulatory Affairs Special Meeting Minutes and HB 2845 Fact Sheet

Summary

The report of a special meeting of the Committee on Regulatory Affairs of the Arizona House of Representatives, Fifty-sixth Legislature, Second Regular Session, held Wednesday, February 14, 2024, with its attachments. The minutes record that the meeting convened at 2:34 P.M. and adjourned at 2:38 P.M., and that HB2845 received a do pass recommendation on a 6-0-0-0 vote. The attachments include the special meeting agenda, a request to speak report, the committee attendance record and a roll call vote. A House fact sheet on HB 2845, sponsored by Representative Heap, states that the bill changes the staff of the Administrative Rules Oversight Committee from Legislative Council to the directors of research staff of the Senate and House, and gives background on agency rulemaking under A.R.S. 41-1046.

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Special Meeting
Wednesday, February 14, 2024
House Hearing Room 5 -- UPON RECESS OR ADJOURNMENT OF FLOOR

Convened 2:34 P.M.
Recessed
Reconvened
Adjourned 2:38 P.M.

Members Present

Representative Crews

Representative Hernandez.
Representative Payne

Representative Pefia

Representative McGarr, Vice-Chairman
Representative Hendrix, Chairman

Agenda
Original Agenda — Attachment |

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action
Bill Action
HB2845 DP

Members Absent

MINUTES RECEIVED
CHIEF CLERK’S OFFICE

A/Ib/d4

Vote Attachments
6-0-0-0 4,5

y
February 16, 2024

(Original attachments on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
February 14, 2024
REVISED - 2/13/24 REVISED - 2/13/24 REVISED - 2/13/24

ARIZONA HOUSE OF REPRESENTATIVES = Cage fac 0° FF pm

Fifty-sixth Legislature - Second Regular Session

A dourned, 7, PE fy

SPECIAL MEETING AGENDA
COMMITTEE ON REGULATORY AFFAIRS

DATE Wednesday, February 14, 2024 ROOM HHR5 TIME Upen-adjournment-efregular
RA -connittee

Upon recess or adjournment of
Floor

(note time change)

Members of the public may access a livestream of the meeting here:
https:/Avww.azleg.gov/videoplayer/?clientID=636 1 162879&eventID=202402 1092

Members:
Representative Crews Representative Payne Representative McGarr, Vice-Chairman
Representative Hernandez A Representative Pefia Representative Hendrix, Chairman
Bills Short Title Strike Everything Title

HB2845 administrative rules oversight committee; staff
(Heap: Parker J)

A HL RA, RULES

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

VG
JB
02/13/2024

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.

Attachment dt
Page 1 of 1
Information Registered on the Request to Speak System

House Regulatory Affairs (2/14/2024)

HB2845, administrative rules oversight committee; staff

Attachment D&
ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _ Cory McGarr
DATE 02/14/24 124 124 124 124
CONVENED db. FY pm m m m m
RECESSED
RECONVENED
ADJOURNED pn
MEMBERS |
Crews i~
Hernandez A ~~
Payne A
Pefia iY
McGarr, Vice-Chairman vv
Hendrix, Chairman yv

V Present --- Absent exc Excused

Attachment 3
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature
Second Regular Session

etn EY

HB 2845: administrative rules oversight committee; staff
Sponsor: Representative Heap, LD 10
Committee on Regulatory Affairs

Overview

Changes the staff for the Administrative Rules Oversight Committee (AROC) from Legislative
Council to the directors of research staff for the Arizona State Senate and House of
Representatives or their designees.

History
Statute designates AROC to oversee the adoption of rules by state agencies. The 11-member

committee includes: 1) five members of the House of Representatives appointed by the
Speaker; 2) five members of the Senate appointed by the President; 3) the Governor or
designee. Legislative Council serves as the staff for AROC (A.R.S. 41-1046).

Statute prohibits state agencies from conducting rulemaking without prior written approval
of the Governor. State agencies may not adopt any new rule that would increase existing
regulatory burdens on the free exercise of property rights or the freedom to engage in lawful
business or occupation unless: 1) the rule reduces regulatory restraints or burdens; or 2) is
necessary to implement statutes or is required by a final court order or decision (A.R.S. §§
41-1038, 41039).

Prior to submitting rulemaking to the Council, state agencies must hold a public comment
period and receive final written approval from the Governor. The Council cannot consider
rules submitted by state agencies without receiving the Governor's initial and final approval
of the rulemaking. Additionally, state agencies must also recommend three rules for the
Governor to eliminate for every additional rule requested. Rules that are necessary to secure
or maintain assumption of federal regulatory programs, comply with an auditor general
recommendation or address a new statutory requirement are exempt from consideration.
State agencies additionally may not publicize any directives, policy statements, documents
or forms on its website unless authorized by statute or rule (A.R.S. § 41-1039),

The Council is comprised of seven members appointed by the Governor. Their primary
responsibilities are reviewing new rules or amendments proposed by state agencies and
reviewing existing agency rules every five years on a rotating basis to determine if they are
still necessary and effective.

Provisions
1. Specifies that the directors of the research staff of the Senate and House of
Representatives will serve as staff for AROC rather than Legislative Council. (Sec. 1)

CO Prop 105 (45 votes) DO Prop 108 (40 votes) O Emergency (40 votes) Fiscal Note

HB 2845
Initials DC Page 1 Regulatory Affairs

Attachment oS
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2845
DATE February 14, 2024 MOTION: yp
PASS AYE NAY PRESENT | ABSENT
Crews VA
Hernandez A al
Payne ~
Pefia \ YL
McGarr, Vice-Chairman L~
Hendrix, Chairman L~
é |p O

L?
$f
APPROVED: OMMITTEF SECRETARY

“ATA HENDRIX; Chairman
CORY MCGARR, Vice-Chairman

ATTACHMENT 4

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