Legislation Affecting Administrative Rulemaking

As of January 29, 2007, the following bills have been filed that affect administrative rules generally.

H.B. 64. Impact of Administrative Rules on Small Businesses. Rep. S. Clark.

Rep. S. Clark is sponsoring "Impact of Administrative Rules on Small Businesses." As introduced, this bill is identical to S.B. 157 (2006) and H.B. 209 (2005) as amended. The bill defines small business (employing fewer than 50 persons) and requires that agencies report anticipated cost or savings to small businesses and business in general as part of the rule analysis.

At the Division of Administrative Rules' request, Rep. Clark moved an amendment with two changes on the House floor. The first, affecting line 122, replaced "other persons" in existing language with "persons other than small businesses, businesses, and local governments". This is intended to clarify that agencies do not have to address these areas twice on the rule analysis form.

The second change added an effective date to the bill of July 1, 2007. This is intended to give the Division some additional time in implementing the provisions of the bill.

Additionally, Rep. R. Becker made a floor amendment to change line 121 removing "business in general" from the items on which agencies needed to comment separately. The amendment passed.

The bill passed the House and is now in the Senate for consideration. More information about H.B. 64 is available at: http://www.le.utah.gov/~2007/htmdoc/hbillhtm/hb0064.htm.

H.B. 327 State Agency Timely Adoption of Administrative Rules. Rep. D. Clark.

This bill amends Section 63-46a-4 of the Utah Administrative Rulemaking Act. It requires an agency to file an administrative rule mandated by legislation within 180 days of the legislation's effective date. If the agency does not file the rule with the Division of Administrative Rules within 180 days, the agency is required to appear before the Legislature's Administrative Rules Review Committee (ARRC) and provide a reason for the delay. More information about H.B. 327 is available at: http://www.le.utah.gov/~2007/htmdoc/hbillhtm/hb0327.htm.

S.B. 32. Filings of Administrative Rules, Orders, and Regulations. Sen. H. Stephenson.

This bill, an Administrative Rules Review Committee bill, amends Section 63-5a-7 changing the location at which an order, rule, or regulation must be filed for those documents to have effect during an emergency. The current law requires that these documents be filed with the Division of Archives. The bill changes the filing venue to the Division of Administrative Rules. This bill makes Section 63-5a-7 consistent with changes made to the Utah Administrative Rulemaking Act in 1987. The Division of Administrative Rules requested this bill after consultation with the Department of Public Safety. More information about S.B. 32 is available at: http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0032.htm.

S.B. 122. Administrative Rules Reauthorization. Sen. H. Stephenson.

S.B. 122 is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. The bill, as introduced, reauthorizes all administrative rules. More information about S.B. 122 is available at: http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0122.htm.

S.B. 138. Administrative Rule Criminal Penalty Amendments. Sen. H. Stephenson.

The "Administrative Rule Criminal Penalty Amendments" bill is substantially similar to Substitute H.B. 317 (2006). The bill amends sections throughout the Utah Code that currently prescribe a criminal penalty for the violation of a rule. The bill affects the following sections: Sections 4-38-7, 9-4-612, 32A-12-104, 40-6-12, 40-8-9, 41-3-210, 41-3-701, 41-3-702, 41-6a-1115, 51-7-22.4, 53-7-226, 59-14-212, 63C-9-301, 65A-3-1, 76-10-1233, and 76-10-1234. More information about S.B. 138 is available at: http://www.le.utah.gov/~2007/htmdoc/sbillhtm/sb0138.htm.

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