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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
state agencies; fee increase; limit
Purpose
Prohibits a state agency from increasing a fee by more than the percentage change in the average consumer price index (CPI) between the most recent calendar year and the calendar year in which the fee was last increased, unless authorized by the Joint Legislative Budget Committee (JLBC).
Background
State agencies may only charge a fee or make a rule establishing a fee if expressly authorized by statute. State agencies must comply with all rulemaking requirements to establish or increase a statutorily-authorized fee, unless specifically exempted from rulemaking requirements by the Legislature. A fee established or increased by exempt rulemaking is effective for two years. When a fee is established, the state agency must identify the statute that authorizes the fee on any documents relating to the collection of the fee (A.R.S. § 41-1008).
The CPI is a measure of the average change in the prices paid for a market basket of consumer goods and services as calculated monthly by the U.S. Department of Labor Bureau of Labor Statistics. The market basket is determined by expenditure information of goods and services purchased by families and individuals (Bureau of Labor Statistics).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a state agency from increasing a fee in an amount that exceeds the percentage of change in the average CPI between the most recent calendar year and the calendar year in which the fee was last increased.
2. Specifies that a state agency can increase a fee in an amount that exceeds the percentage change in the CPI, subject to prior review by JLBC.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Subjects state agency fee increases to prior JLBC review, rather than JLBC approval, if the fee increase exceeds the percentage change in the average CPI between the most recent year and the year in which the fee was last increased.
Senate Action
GOV 2/11/19 DP 4-3-0
Prepared by Senate Research
February 28, 2019
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