Legislation Which Affects Rulemaking

 

The 56th Legislature's 2006 General Session began January 16, 2006. To this point, four bills affecting rulemaking have been introduced.

H.B. 316 "Administrative Rules Procedure Amendments" (Rep. D. Ure)

This bill, an Administrative Rules Review Committee bill, makes changes to rulemaking procedure. It: (1) imposes an affirmative requirement on agencies to "review and evaluate all public comments submitted in writing or presented at public hearings conducted by the agency," (2) requires a five business day consideration period following the public comment period before an agency may make a rule effective, (3) defines the phrase "initiate rulemaking proceedings" to mean filing a rule with the Division of Administrative Rules, (4) increases the number of days to consider a petition for rulemaking from 30 to 60 days for agencies, and from 30 to 80 days for boards with an extra requirement that a board place a petition on its agenda within 45 days, and (5) designates a petition to which an agency fails to respond or initiate rulemaking within the specified period as "denied" providing that "the petitioner may seek a writ of mandamus in state district court."

H.B. 316 has a fiscal impact on the Division of Administrative Rules. To mitigate part of the fiscal note, Rep. Ure has agreed to amend line 92 to change "five business days" to "seven calendar days."

More information about H.B. 316 is available at: http://www.le.utah.gov/~2006/htmdoc/hbillhtm/hb0316.htm.

H.B. 317 "Administrative Rule Criminal Penalty Amendments" (Rep. D. Ure)

This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues. These were discussed at the committee's July 11, November 4, and 22, 2005, and January 13, 2006, meetings. Several agencies submitted alternative language that satisfied the committee's concerns. This bill proposes to make those changes to the respective statutes. The bill affects the following statutory 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, 65A-3-1, 76-10-1233 (Effective 05/01/06), and 76-10-1234. More information about H.B. 317 is available at: http://www.le.utah.gov/~2006/htmdoc/hbillhtm/hb0317.htm.

S.B. 26. "Administrative Rules Reauthorization" (Sen. H. Stephenson)

The Reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. S.B. 26, as passed, reauthorizes all rules. The bill now awaits the Governor's signature. More information about S.B. 26 is available at: http://www.le.utah.gov/~2006/htmdoc/sbillhtm/sb0026.htm.

S.B. 157 "Impact of Administrative Rules on Small Businesses" (Sen. H. Stephenson)

S.B. 157, an Administrative Rules Review Committee bill, proposes to amend Title 63, Chapter 46a, Utah Administrative Rulemaking Act, in two ways. It defined "small businesses". It also modifies Section 63-46a-4, requiring an agency to provide anticipated cost or savings to small businesses and business in general. S.B. 157 is identical to the amended H.B. 209 (2005) that failed. This bill will require changes to eRules, the web application agencies use to file rules and therefore carries a fiscal note. The Small Business Administration supports this bill. More information about S.B. 157 is available at: http://www.le.utah.gov/~2006/htmdoc/sbillhtm/sb0157.htm.

Additional Information

Additional information about the 2006 General Session and specific legislation is available from the Legislature's Office of Legislative Research and General Counsel at: http://www.le.utah.gov/~2006/2006.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]