Legislation Affecting Administrative Rulemaking

As of January 8, 2008, the following bills have been filed that affect administrative rules generally.

H.B. 53. Impact of Administrative Rules on Small Businesses. Rep. S. Clark.

Rep. S. Clark has filed this bill in response to another request from the U.S. Small Business Administration. This bill goes beyond H.B. 64 (2007), which required agencies to include in the rule analysis the anticipated cost or savings a rule may have on small businesses.

H.B. 53 will require "a state agency to consider methods to minimize the impact of an agency's proposed administrative rule on small businesses." Rep. Clark presented his bill at the November 27, and the December 12 meetings of the Administrative Rules Review Committee. On December 12, Rep. S. Clark, and Jim Henderson from the Small Business Administration presented a series of changes to the bill. The committee accepted most of the changes (these changes are not reflected in the current numbered bill). However, the committee had an extensive discussion about what would trigger an agency to consider the alternatives outlined in the bill.

At the conclusion of the discussion, Rep. Clark asked that Sen. Mark Madsen work with Ken Hansen, who in turn would work with Jim Henderson, to refine the draft. The committee approved a motion to bring the bill back in January to review the changes and refinements. If the committee concurs with these changes, the committee will likely approve the bill as a committee bill, and a substitute bill will be filed.

More information about H.B. 64 is available at http://le.utah.gov/~2008/bills/static/HB0053.html.

H.B. 63. Recodification of Title 63 State Affairs in General. Rep. D. Aagard.

This 2,980 page bill recodifies most of Title 63. It also changes references to Title 63 in other sections of the Utah Code.

Almost every agency will be impacted by this bill. If an agency'srules reference statutes in Title 63 -- like the Government Records Access Act (GRAMA), the Administrative Procedures Act (UAPA), the Utah Administrative Rulemaking Act, to name a few -- the agency will need to file nonsubstantive changes update the references. The Division of Administrative Rules estimates that there are over 400 rules that will require updated references. The Division intends to notify agencies affected as soon as the bill passes.

More information about H.B. 63 is available at http://le.utah.gov/~2008/bills/static/HB0063.html.

Questions about these bills may be directed to Ken Hansen (801-538-3777).