Effective May 1, 2007, new A.R.S. § 36-601.01 establishes a statewide prohibition on smoking in public places and places of employment, with certain exceptions listed in A.R.S. § 36-601.01(B). A.R.S. § 36-601.01(G) requires the Department to implement and enforce new A.R.S. § 36-601.01 and authorizes the Department to make rules for that purpose. A.R.S. § 36-601.01(G) gives the Department an exemption from the regular rulemaking requirements in A.R.S. Title 41, Chapter 6 until May 1, 2007. For an explanation of exempt rulemaking, go to http://www.azdhs.gov/diro/admin_rules/faqs.htm.

The close of record for the proposed exempt rules was 5:00 p.m., March 8, 2007. The Department reviewed every comment on the proposed exempt rules received by the close of record. The Department did not review any comments received after 5:00 p.m., March 8, 2007.

The Department made changes to the Notice of Exempt Rulemaking and filed the Notice of Exempt Rulemaking with the Secretary of State on April 5, 2007. See the Notice of Exempt Rulemaking (below). The Notice of Exempt Rulemaking was published in the Arizona Administrative Register on April 27, 2007. The effective date of the Smoke-free Arizona exempt rules will be May 1, 2007.

For questions about the Smoke-free Arizona exempt rules, please contact Kathleen Phillips at (602) 542-1264.

A.R.S. § 36-601.01(G)(10) authorizes the Department to delegate authority under the Smoke-free Arizona Act to state agencies or political subdivisions. According to A.R.S. § 41-1081, the Department has proposed to delegate authority to the state's counties. See the Notices of Proposed Delegation Agreement (below).

For questions about the delegation agreements, please contact Diane Eckles at (602) 364-3142.

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