Legislation Which Affects Rulemaking

 

The 56th Legislature's 2005 General Session began January 17, 2005. To this point, three bills and one resolution affecting rulemaking have been introduced.

H.B. 37 "Reauthorization of Administrative Rules" by Rep. David Ure (R)

This is the Administrative Rules Review Committee's annual bill that is required by Section 63-46a-11.5. The long title of H.B. 37 indicates that the bill "...reauthorizes all state agency administrative rules."

H.B. 37 passed the House on January 20, and passed the Senate on February 3. After enrolling, it will be presented to the governor for his signature. Additional information is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0037.htm .

H.B. 209 "Administrative Rules - Impact on Small Businesses" by Rep. Greg Hughes (R)

This bill was requested by the Salt Lake Chamber of Commerce and is a variation of the Small Business Administration's model Regulatory Flexibility Act (http://www.sba.gov/advo/laws/law_modeleg.html). As amended by the House, it defines small business as "...a business employing fewer than 50 persons." It requires, as part of the rule analysis, that an agency prepare a statement regarding the "anticipated cost or savings to: ...small businesses; and business in general...."

As of February 9, H.B. 209 is on the House 3rd reading calendar. Additional information is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0209.htm .

S.B. 101 "Utah Administrative Rulemaking Act Revision" by Sen. Howard Stephenson (R)

Following on a complaint that different terms were being used to mean the same thing in statute, S.B. 101 replaces the word "revoke" in references related to rulemaking in Title 9, and replaces it with the word "repeal". The bill also amends Section 63-46a-4 to clarify that "An agency authorized to make rules is also authorized to amend or repeal those rules." Finally, the bill corrects a reference in Title 53C related to the amendment of Section 63-46a-4.

S.B. 101 passed the Senate on January 19, and the House on February 2. After enrolling, it will be presented to the governor for his signature. Additional information is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sb0101.htm .

S.J.R. 4 "Joint Rules Resolution - Interim Rules Recodification" by Sen. Michael Waddoups (R)

S.J.R. 4 "renumbers and rewrites rules governing interim committees and special committees." Section 8 of the bill enacts IR2-2-102. This section provides for the review of rules referred to interim committees by the Administrative Rules Review Committee.

More information about S.J.R. 4 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sjr004.htm .

Additional Information

Additional information about the 2005 General Session and specific legislation is available from the Legislature's Office of Legislative Research and General Counsel at: http://www.le.utah.gov/~2005/2005.htm . The Legislature's home page can be found at: http://le.utah.gov/ . Information about rulemaking legislation is also available at http://www.rules.utah.gov/law/legis.htm .

Questions about this legislation may be directed to Ken Hansen, Director, Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201, phone: [phone], FAX: [phone], or Internet E-mail: [e-mail]