Bill Text: AZ HB2580 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Regulatory review; periodic approval
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-12 - Referred to House GOV Committee [HB2580 Detail]
Download: Arizona-2013-HB2580-Introduced.html
|
REFERENCE TITLE: regulatory review; periodic approval |
|
State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
|
|
HB 2580 |
|
|
|
Introduced by Representative Kwasman
|
AN ACT
Amending Title 9, chapter 7, article 4, Arizona Revised Statutes, by adding section 9-841; amending Title 11, chapter 11, article 1, Arizona Revised Statutes, by adding section 11-1611; amending section 41‑3102, Arizona Revised Statutes; amending Title 48, chapter 21, article 2, Arizona Revised Statutes, by adding section 48-3651; relating to regulatory review.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 9-841, to read:
9-841. Regulatory review by governing body
A. At least every five years, every department of the city or town shall review all of its regulations to determine whether any regulation should be amended or repealed. The department shall prepare and obtain the governing body's approval of a written report summarizing its findings, its supporting reasons and any proposed course of action. For each regulation, the report shall include a concise analysis of all of the following:
1. The regulation's effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached.
2. Authorization of the regulation by statute or ordinance.
3. Whether the regulation is consistent with state statutes, the city's or town's ordinances or other regulations adopted by the city or town.
4. The clarity, conciseness and understandability of the regulation.
B. The governing body shall schedule the periodic review of each department's regulations and shall approve or return the department's report on its review. The governing body shall not approve a report unless the report complies with subsection A of this section.
C. The governing body may require the department to propose an amendment or a repeal of the regulation by a date no earlier than six months after the date of the meeting at which the governing body considers the department's report on its regulation if the governing body determines the department's analysis under subsection A of this section demonstrates that the regulation is materially flawed, including that the regulation:
1. Is not effective in achieving its objectives.
2. Is not authorized by statute or ordinance.
3. Is inconsistent with other statutes, ordinances, regulations or department enforcement policies and the inconsistency results in a significant burden on the regulated public.
4. Is not clear, concise and understandable.
Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1611, to read:
11-1611. Regulatory review by board of supervisors
A. At least every five years, every department of the county shall review all of its regulations to determine whether any regulation should be amended or repealed. The department shall prepare and obtain the board of supervisors' approval of a written report summarizing its findings, its supporting reasons and any proposed course of action. For each regulation, the report shall include a concise analysis of all of the following:
1. The regulation's effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached.
2. Authorization of the regulation by statute or ordinance.
3. Whether the regulation is consistent with state statutes, the county's ordinances or other regulations adopted by the county.
4. The clarity, conciseness and understandability of the regulation.
B. The board shall schedule the periodic review of each department's regulations and shall approve or return the department's report on its review. The board shall not approve a report unless the report complies with subsection A of this section.
C. The board may require the department to propose an amendment or a repeal of the regulation by a date no earlier than six months after the date of the meeting at which the board considers the department's report on its regulation if the board determines the department's analysis under subsection A of this section demonstrates that the regulation is materially flawed, including that the regulation:
1. Is not effective in achieving its objectives.
2. Is not authorized by statute or ordinance.
3. Is inconsistent with other statutes, ordinances, regulations or department enforcement policies and the inconsistency results in a significant burden on the regulated public.
4. Is not clear, concise and understandable.
Sec. 3. Section 41-3102, Arizona Revised Statutes, is amended to read:
41-3102. Requirements for new programs established by the legislature
Any new program that is established by the legislature shall include in its enabling legislation a specific expiration date for the program that is not more than ten five years after the effective date of the program's enabling legislation.
Sec. 4. Title 48, chapter 21, article 2, Arizona Revised Statutes, is amended by adding section 48-3651, to read:
48-3651. Regulatory review by district
A. At least every five years, the district shall review all of its regulations to determine whether any regulation should be amended or repealed. The district shall prepare and obtain the board of review's approval of a written report summarizing its findings, its supporting reasons and any proposed course of action. For each regulation, the report shall include a concise analysis of all of the following:
1. The regulation's effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached.
2. Authorization of the regulation by statute or ordinance.
3. Whether the regulation is consistent with state statutes, the district's ordinances or other regulations adopted by the district.
4. The clarity, conciseness and understandability of the regulation.
B. The board shall schedule the periodic review of the district's regulations and shall approve or return the district's report on its review. The board shall not approve a report unless the report complies with subsection A of this section.
C. The board may require the district to propose an amendment or a repeal of the regulation by a date no earlier than six months after the date of the meeting at which the board considers the district's report on its regulation if the board determines the district's analysis under subsection A of this section demonstrates that the regulation is materially flawed, including that the regulation:
1. Is not effective in achieving its objectives.
2. Is not authorized by statute or ordinance.
3. Is inconsistent with other statutes, ordinances, regulations or district enforcement policies and the inconsistency results in a significant burden on the regulated public.
4. Is not clear, concise and understandable.
