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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
VETOED
state agencies; guidance; posting; annual report
Purpose
Requires a state agency to post on the state agency's website all guidance that the state agency creates or receives from a federal agency.
Background
The Secretary of State (SOS) must electronically publish the Arizona Administrative Register at least once each month and include prescribed notices of agency rulemaking, substitutive policy statements and agency guidance documents. The notice of a substantive policy statement must contain the name and summary of the policy statement and the website address where the full text of the document is available, if practicable. The notice of an agency guidance document must contain the name and summary of the guidance document and information where a person may view the document in its entirety (A.R.S. § 41-1013).
The U.S. Congress may grant rulemaking authority to federal agencies to implement statutory programs. The regulations issued in accordance with this authority carry the force and effect of law and can have substantial implications for policy implementation. When issuing these regulations, agencies are required to follow a certain set of procedures prescribed in law and executive order (CRS). Interpretive rules, policy statements and other guidance documents may be issued any time after a final rule is published to help in understanding how a regulation applies. An agency may explain how it interprets an existing regulation or statute, how a rule may apply in a given instance and how to meet compliance with a regulation or statute (OFR).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires each state agency to:
a) create a dedicated page on the state agency's website and post all guidance that the state agency creates, develops or adopts; and
b) post on the state agency's website all guidance that the state agency receives from a federal agency if the federal guidance:
i. seeks to influence the state agency's interpretation, enforcement or implementation of state laws, rules or policies or its administration of federal monies; and
ii. provides recommendations or instructions to the state agency on compliance with federal laws or regulations.
2. Requires each state agency that posts the information to also include:
a) the full text or an electronic copy of the guidance;
b) the date the guidance was created or received by the state agency; and
c) a brief summary of the content of the guidance and its potential impact on the state agency's operations or policies.
3. Requires each state agency to post all guidance within 30 days after creating or adopting the guidance or receiving the guidance from the federal agency.
4. Requires the state agency, if any guidance that the state agency receives from a federal agency is marked as confidential or restricted, to:
a) post a notice on the state agency's website indicating the existence of the guidance and the reason it may not be disclosed to the public; and
b) seek clarification from the federal agency if any portion of the guidance may be disclosed.
5. States that the guidance posting requirements do not apply to any personally identifiable information or sensitive security information or any internal state agency communications relating to a guidance issued by a federal agency.
6. Requires each state agency, beginning December 31, 2026, to annually submit a report to the President of the Senate and the Speaker of the House of Representatives regarding the state agency's compliance with the guidance posting requirements and any findings.
7. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1586 is overly broad.
Senate Action House Action
RAGE 2/11/26 DP 4-2-1 GOV 3/11/26 DP 4-3-0-0
3rd Read 2/25/26 16-10-4 3rd Read 4/8/26 33-22-5
Vetoed by the Governor 4/13/26
Prepared by Senate Research
April 14, 2026
JT/NRG/ci