Legislation Affecting Administrative Rulemaking

During the 2008 General Session, the Legislature passed the following bills that add requirements to the process or will require rulemaking.

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

This bill is 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.

First Substitute H.B. 53 "requires a state agency to consider methods to minimize the impact of an agency's proposed administrative rule if the agency reasonably expects the rule will have a measurable negative fiscal impact on small businesses." The bill exempts the School and Institutional Trust Lands Administration from this process.

The Governor signed First Substitute H.B. 53 on 03/18/2008. It goes into effect on 05/05/2008. First Substitute H.B. 53 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0053S01.htm.

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

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

Almost every agency is affected by this bill, representing 25% of the rules in the Utah Administrative Code. If an agency's rule references statutes in Title 63 -- the Government Records Access Act (GRAMA), the Administrative Procedures Act (UAPA), the Utah Administrative Rulemaking Act, to name a few -- the agency must now file a nonsubstantive change to update the references. The Division of Administrative Rules estimates that there are over 470 rules that require updated references.

The Governor signed H.B. 63 on 03/19/2008. It goes into effect on 05/05/2008. H.B. 63 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0063.htm.

H.B. 78. Title 78 Recodification and Revision. Rep. J. Biskupski.

This bill recodifies Title 78. It also changes references to Title 78 in other sections of the Utah Code.

H.B. 78 requires that Administrative Services, Commerce, Corrections, Education, Environmental Quality, Financial Institutions, Health, Human Services, Insurance, Judicial Conduct Commission, Labor Commission, Natural Resources, School and Institutional Trust Lands, and Workforce Services file nonsubstantive changes to update references in rules. The Division of Administrative Rules estimates that there are over 50 rules that require updated references.

The Governor signed H.B. 78 on 02/07/2008. It went into effect on 02/07/2008. H.B. 78 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0078.htm.

S.B. 43. 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. 43 reauthorized all rules, except Section R525-6-1, Human Services, Substance Abuse and Mental Health, State Hospital, Prohibited Items and Devices; and Rule R722-300, Public Safety, Criminal Investigations and Technical Services Criminal Identification, Concealed Firearm Permit Rule.

The Department of Human Services, Division of Substance Abuse and Mental Health has already filed a rule to replace the version that was not reauthorized. The proposed new rule under DAR No. 31031 appears in the March 15, 2008, issue of the Utah State Bulletin. It is also available online at: http://www.rules.utah.gov/publicat/bulletin/2008/20080315/31031.htm.

The Governor signed S.B. 43 on 03/18/2008. Pursuant to Subsection 63-46a-11.5(2), S.B. 43 goes into effect on 05/01/2008. S.B. 43 is available at: http://le.utah.gov/~2008/htmdoc/sbillhtm/SB0043.htm.

Other Rules-Related Bills that Affect More than One Agency

H.B. 80. Administrative Rule Penalty Amendments. Rep. B. Ferry.

H.B. 80 is a continuation of the effort started by the Administrative Rules Review Committee with H.B. 317 (2006), which did not pass, and S.B. 138 (2007), which did pass.

Second Substitute H.B. 80 repeals statute that impose a criminal penalty for violating the provisions of administrative rules issued by Alcoholic Beverage Control Commission, Department of Workforce Services, State Tax Commission, Public Service Commission, and Department of Public Safety.

The Governor signed Second Substitute H.B. 80 on 03/18/2008. It goes into effect on 05/05/2008. Second Substitute H.B. 80 is available at: http://le.utah.gov/~2008/htmdoc/hbillhtm/HB0080S02.htm.

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