Senate Bill 1015 AN ACT

RELATING TO STATE GOVERNMENT; PROVIDING FOR ANNUAL FILING AND PUBLICATION OF ADMINISTRATIVE RULES AND REGULATIONS; AMENDING TITLE 41, CHAPTER 1, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 41-127 AND 41-128, AND REPEALING SECTION 41-1006, ARIZONA REVISED STATUTES.

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

Section 1. Title 41, chapter 1, article 2, Arizona Revised Statutes, is amended by adding sections 41-127 and 41-128, to read:

41-127. Publication of administrative rules and regulations

THE SECRETARY OF STATE SHALL PUBLISH ANNUALLY ALL ADMINISTRATIVE RULES AND REGULATIONS FILED IN HIS OFFICE SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION AND PURSUANT TO SECTION 41-1004. THE RULES AND REGULATIONS SHALL BE PUBLISHED IN LOOSE-LEAF VOLUMES AND DESIGNED TO BE KEPT CURRENT BY THE PROCESS OF UPDATING AND SUBSTITUTION OF PAGES. THEY SHALL BE DIVIDED INTO APPROPRIATE SECTIONS FOR EASY REFERENCE AND SHALL CONTAIN AN INDEX AND SUCH OTHER RESEARCH AIDS AS THE SECRETARY DEEMS NECESSARY.

41-128. Administrative rules and regulations publication; contract for publication; distribution of reports by secretary of state; sale of administrative rules and regulations

1. THE SECRETARY OF STATE MAY CONTRACT ON TERMS MOST ADVANTAGEOUS TO THE STATE WITH THE PERSON WHO AGREES TO PUBLISH AND SELL THE ADMINISTRATIVE RULES AND REGULATIONS. SUCH CONTRACTOR SHALL AGREE TO PUBLISH AND DELIVER TO THE SECRETARY OF STATE AT LEAST FOUR HUNDRED VOLUMES AT THE CONTRACT PRICE.

2. THE SECRETARY OF STATE SHALL DELIVER VOLUMES OF THE RULES AND REGULATIONS TO THE SEVERAL LEGISLATIVE, EXECUTIVE AND JUDICIAL BRANCHES OF GOVERNMENT AS THEY ARE REQUIRED.

3. COPIES OF ADMINISTRATIVE RULES AND REGULATIONS DELIVERED TO A PERSON ON ACCOUNT OF THE OFFICE HELD BY SUCH PERSON SHALL REMAIN THE PROPERTY OF THE STATE AND SHALL HAVE THE OFFICE NAME STAMPED OR WRITTEN THEREON.

4. THE SECRETARY OF STATE, AFTER HE HAS MADE DISTRIBUTION AS PROVIDED IN SUBSECTION B, SHALL OFFER FOR SALE AND SELL ANY VOLUMES AVAILABLE, AT A PRICE EQUAL TO THE PRO RATA COST OF PUBLISHING AND DISTRIBUTION, TO ANY PERSON DESIRING TO PURCHASE THEM. THE NUMBER OF VOLUMES SOLD TO ANY ONE PURCHASER SHALL BE WITHIN THE DISCRETION OF THE SECRETARY OF STATE.

Sec. 2. Repeal

Section 41-1006, Arizona Revised Statutes, is repealed.

Sec. 3. Filing and publication of administrative rules with budget estimates

1. Each budget unit of the state, as defined by section 35-101, shall file with the governor, together with the submission of its budget estimates for the fiscal year 1973-1974 as required by section 35-113, a copy of its then current rules and regulations, enacted in accordance with section 41-1004. The rules and regulations shall be certified by the governing officer, board or commission as complete and accurate as of the date of such certification.

2. The governor shall not accept an estimated budget from a budget unit that has not complied with subsection A of this section.

C The governor shall deliver the rules and regulations received under subsection A of this section to the secretary of state who shall publish such rules and regulations in loose-leaf volumes in the manner provided in section 41-127, Arizona Revised Statutes. Such publication shall be completed as soon as practicable, but not later than ninety days after delivery of such rules and regulations to the secretary pursuant to this subsection.

Approved by the Governor - April 3, 1972