Rules attorney recommends removing legislative-entrenchment language from HB 2592

The Arizona House Rules Committee recommended House Bill 2592 as constitutional and in proper form after discussing concerns about legislative overreach into agency rulemaking.

Tim Fleming, the rules attorney, said HB 2592 adds requirements on state agencies’ use of artificial intelligence and creates a process where temporary agency rules must be ratified by the legislature to remain in effect. Fleming warned the bill’s requirement that the legislature schedule a vote within the first 30 days of the session and that ratification require only a simple majority raises a historical and constitutional problem known as "legislative entrenchment," which courts have rejected: "a statute of an existing legislature can't bind a future legislature" (SEG 421–439).

Fleming also noted that each house has independent authority to set its own rules (Article 4, Part 2, Section 8) and that the simple-majority ratification mechanism should be removed to avoid enforceability problems against a future legislature (SEG 440–449). The rules attorney said the rest of the bill is likely fine and in proper form (SEG 453).

The vote. The committee recorded 5 ayes, 2 nays, and 1 absent on the recommendation (SEG 462–476).

What’s next. Fleming said the entrenchment mechanism should be removed; otherwise the provision likely would not bind a subsequent legislature, and practical application could be limited.