Legislation Affecting Administrative Rulemaking

During the 2009 General Session, the Legislature passed the following bills that affect rulemaking.

H.B. 32. Amendments to Agency Rulemaking Regarding Criminal Penalties. Rep. B. Ferry.

After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 (2008) and H.B. 80 (2008)), H.B. 32 (2009) concludes the Administrative Rules Review Committee's effort to amend provisions of statute that provide a criminal penalty for violation of an administrative rule. H.B. 32 affects statutes for the following departments:

• Commerce (Title 61);
• Health (Title 26);
• Insurance (Title 31A);
• Labor Commission (Titles 34 and 34A);
• Natural Resources (Title 23); and
• Public Service Commission (Title 54).

Additionally, H.B. 32 amends the Utah Administrative Rulemaking Act. Subsection 63G-3-201(5) still requires each agency "to enumerate any penalty authorized by statute that may result from its violation." These penalties may be criminal or civil. The amendment, expanding Subsection (5), clarifies that a statute may not provide a class C misdemeanor or greater except in very specific instances.

H.B. 32 passed on 03/04/2009. Pending gubernatorial action, H.B. 32 will go into effect on 05/12/2009. Additional information about H.B. 32 is available from the Legislature's web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/HB0032.htm.

H.B. 197. Reauthorization of Administrative Rules. Rep. B. Ferry.

The reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63G-3-502. H.B. 197 reauthorized all administrative rules in effect on 02/28/2009, except:

• Subsections R277-470-12 (B) and (C) from Education, Administration, regarding "Charter Schools, Charter School Parental Involvement";
• Rule R592-13 from Insurance, Title and Escrow Commission, regarding "Minimum Charges for Escrow Services"; and
• Rule R765-603 from Regents (Board of), Administration, regarding "Regents' Scholarship."

H.B. 197 passed on 03/10/2009. Pending gubernatorial action, pursuant to Subsection 63G-3-502(2) and Section 2 of the bill, H.B. 197 will go into effect on 05/01/2009. Additional information about H.B. 197 is available from the Legislature's web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0197.htm.

S.B. 88. Administrative Rulemaking Act Amendments. Sen. H. Stephenson.

S.B. 88, Administrative Rulemaking Act Amendments, amends Subsection 63G-3-301(13) of the Utah Administrative Rulemaking Act. In response to legislation that specifically requires rulemaking, this bill permits an agency to provide a copy of an existing rule that meets the requirement to the Administrative Rules Review Committee instead of appearing before the committee.

S.B. 88 passed on 02/11/2009. Pending gubernatorial action, S.B. 88 takes effect on 05/12/2009. More information about S.B. 88 is available on the Legislature's web site at http://le.utah.gov/~2009/htmdoc/sbillhtm/sb0088.htm.

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