Legislation Which Affects Rulemaking

During the 2006 General Session, the Legislature passed the following bills affecting administrative rules.

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 reauthorized all rules. The Governor signed S.B. 26 on 03/10/2006. S.B. 26 (Chapter 25, Laws of Utah 2006) goes into effect on 05/01/2006. More information about S.B. 26 is available at: http://www.le.utah.gov/~2006/htmdoc/sbillhtm/sb0026.htm.

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 seven calendar 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) provides that "the petitioner may seek a writ of mandamus in state district court" if the agency fails to respond as provided. The Governor signed H.B. 316 on 03/13/2006. H.B. 316 (Chapter 141, Laws of Utah 2006) goes into effect on 05/01/2006. More information about H.B. 316 is available at: http://www.le.utah.gov/~2006/htmdoc/hbillhtm/HB0316.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]