2012-2014 ACR Officers

Members of Administrative Codes and Registers (ACR), a section of the National Association of Secretaries of State (NASS), elected officers in July at the NASS/ACR summer conference held in San Juan, PR.  The new officers are: Scott Cancelosi (AZ), president; Kerry Radcliff (WA), vice president; and Emily Caudill (KY), secretary/treasurer.  The officers will serve a two-year term which expires in July 2014.

More information about ACR’s new officers can be found at http://www.nass.org/index.php?option=com_content&view=article&id=335%3Anews-release-acc-new-officers-2012&catid=964%3Auncategorized-news-releases&Itemid=428 .

 

SB 1339 – relating to administrative rules

“Any agency final rule that has an impact on the private sector in this state is repealed from and after December 31, 2012”
See bill: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/sb1339p.htm
(Posted Jan. 28, 2011)

SB 1339 (Administrative rules; repeal; legislative action) – SB 1339 Failed in the Senate third read March 14, 2011, with a 11-17-2 vote.
(Updated March 15, 2011)

Freeze on new rules to help AZ businesses

Our office is watching House Bill 2240 currently in the Legislature which would limit new rulemaking in the State of Arizona.

The text of the bill is as follows:

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, chapter 6, article 3, Arizona Revised Statutes, is amended by adding section 41-1021.03, to read:

41-1021.03.  Moratorium on rule making relating to increased monetary or regulatory costs; exceptions

A.  Notwithstanding any other law, an agency shall not conduct any rule making that would impose increased monetary or regulatory costs on other state agencies, political subdivisions of this state, persons or individuals.

B.  Subsection A does not apply to rule making for any of the following:

1.  To avoid a violation of a court order or federal law that would result in sanctions by the court or federal government to an agency in fiscal year 2008‑2009 or 2009‑2010 for failure to conduct the rule making action.

2.  To prevent an imminent threat to the public health or safety.  For the purposes of this paragraph, “imminent threat to the public health or safety” means the existence of a condition, circumstance or practice that would cause death, serious illness or severe injury to persons or adversely affect the ability of health care institutions to provide medical care during fiscal year 2008‑2009 or 2009‑2010.

Will keep you posted of the outcome of this legislation.

http://www.azcentral.com/news/election/azelections/articles/2009/02/06/20090206moratorium0206.html

Arizona Governor’s Regulatory Review Plan

Janice K. Brewer, former Arizona Secretary of State, was sworn in as governor on January 21, 2009. Former Governor Janet Napolitano stepped down to become director of Homeland Security.

Gov. Brewer’s first official act was the release of a memorandum dated January 22, 2009.

A copy of the memo is posted on the Secretary of State’s Web site.
http://www.azsos.gov/public_services/Register/SDOC4287.pdf

As the filing and publishing office for administrative rules the Arizona Secretary of State’s Office received many questions the first week after the release of this memo. As the filing office we simply gave agencies the mechanism to withdrawn proposed rulemakings under the memo.

Q & As were posted on the Secretary of State’s Web page to help rulewriter’s understand our position.
http://www.azsos.gov/public_services/faq.htm

The Governor’s Office did release a statement about the memo. It is clear that the office is reviewing the rules not to burden agencies, but to “assess where the regulatory burdens lie and determine how they are appropriately or inappropriately impacting the citizens of Arizona.”

For a copy of the Governor’s press release see
http://azgovernor.gov/dms/upload/NR_012209_RegulatoryBurdens.pdf

I will keep ACR members posted on the outcome of the review of the rules by the Governor’s Office.

Scott Cancelosi
Director, Public Services Division
Arizona Secretary of State