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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2014

 

GRRC; petition to request review

Purpose

            Allows a person to petition the Governor's Regulatory Review Council (GRRC) to review an existing practice, substantive policy statement or final rule of the Citizens Clean Elections Commission (CCEC) that the person alleges does not meet certain requirements.

Background

            Any person can petition an agency to make, amend or repeal a final rule or review an existing agency practice or policy statement that the petitioner alleges to constitute a rule. If the agency rejects the petition, the petitioner can appeal to GRRC within 30 days. If requested by at least three members of GRRC, the GRRC Chairperson must place the appeal on the next GRRC meeting agenda.

            A person may also petition GRRC to review: 1) a final rule that the person alleges does not comply with certain statutory rulemaking requirements; or 2) an existing agency practice, substantial policy statement, final rule or regulatory licensing requirement that is not authorized by statute that the person believes to be unduly burdensome or not necessary to fulfill a public health, safety or welfare concern. If requested by at least four GRRC members, GRRC must hold a public hearing within 90 days to determine whether the agency practice or substantive policy statement constitutes a rule, whether a final rule meets rulemaking requirements or whether an agency practice, policy statement, final rule or licensing requirement meets statutory guidelines (A.R.S. § 41-1033). 

            In 1998, Arizona voters approved the Citizens Clean Elections Act which established the CCEC. The Citizens Clean Elections Act allowed the CCEC to propose and adopt rules in public meetings, with at least 60 days of public comment, and exempted the CCEC from statutory rulemaking requirements (Proposition 200, 1998). In 2018, Arizona voters approved Proposition 306 which, in part, removed the CCEC's rulemaking exemption (Proposition 306, 2018). 

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Allows a person to petition GRRC to request a review of an existing CCEC practice that involves interpreting a rule adopted by the CCEC (CCEC practice), substantial policy statement or final rule of the CCEC based on the person's belief that the CCEC practice, substantial policy statement or final rule:

a)   does not comply with rulemaking requirements;

b)   exceeds the CCEC's authority; or

c)   violates the Arizona Constitution or U.S. Constitution.

2.   Requires GRRC, within 90 days of a hearing request by at least four GRRC members, to determine whether an existing CCEC practice, substantial policy statement or final rule violates specified guidelines.

3.   Requires the CCEC, within 30 days of receiving notice of a GRRC hearing regarding the CCEC, to submit a statement to GRRC addressing whether the existing CCEC practice, substantial policy statement or final rule violates the specified guidelines. 

4.   Allows GRRC to modify, revise or void an existing CCEC practice, substantial policy statement or final rule if GRRC determines that it violates specified guidelines.

5.   Makes technical and conforming changes.

6.   Becomes effective on the general effective date.

House Action

GE                   1/13/21      DP       7-6-0-0

3rd Read          2/4/21                    31-28-0-0-1

 

Prepared by Senate Research

March 17, 2021

MH/gs