Legislation Which Affects Rulemaking

 

The 56th Legislature's 2005 General Session concluded on Wednesday, March 2, 2005. During the session, two bills and one resolution passed that affect administrative rules in general.

H.B. 37. "Administrative Rules Reauthorization" (Rep. D. Ure)

The Reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. It reauthorizes all rules.

Governor Huntsman signed H.B. 37 on March 21, 2005. The bill provides for an effective date of May 1, 2005. More information about H.B. 37 is available at http://www.le.utah.gov/~2005/htmdoc/hbillhtm/hb0037.htm .

S.B. 101. Utah Administrative Rulemaking Act Revision (Sen. H. Stephenson)

S.B. 101 fixes an inconsistency in rulemaking authorizations within Title 9. In prior years, bills have permitted some agencies to "revoke" rules. The term "revoke" is not defined, nor is it used in the Rulemaking Act. This bill replaces the word revoke with the Rulemaking Act's term, "repeal."

Additionally, the bill makes a minor change to Section 63-46a-4, adding a new Subsection (1) that provides, "An agency authorized to make rules is also authorized to amend and repeal those rules." This change also requires a minor change in Subsection 53C-1-201(3)(c)(v).

Governor Huntsman signed S.B 101 on March 10, 2005. The bill became effective May 2, 2005. More information about S.B. 101 is available at http://www.le.utah.gov/~2005/htmdoc/sbillhtm/sb0101.htm .

S.J.R. 4. Joint Rules Resolution - Interim Rules Recodification (Sen. M. Waddoups)

S.J.R. 4 modifies the legislative rules that govern interim committees. Section 8 of the resolution enacts IR2-2-102 that provides for "Review of Rules Referred by Administrative Rules Review Committee." The rule provides that an interim committee may review a rule referred by the administrative rules review committee "and make recommendations to the Legislative Management Committee and the Administrative Rules Review Committee about whether or not the rule should be repealed."

As a resolution, S.J.R. 4 does not require the Governor's signature. S.J.R. 4 passed on January 27, 2005. 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/ .

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]