RulesNews

H.B. 402, Department of Administrative Services Modifications, passed on 3/9/2010.  H.B. 402 gives the Executive Director of the Department of Administrative Services the flexibility to operate any of the department’s divisions, including the Division of Administrative Rules, as an internal service fund. More information about H.B. 402 is available on the Legislature’s web site at http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0402.htm.

An “internal service fund agency” is defined as “an agency that provides goods or services to other agencies of state government or to other governmental units on a capital maintenance and cost reimbursement basis, and which recovers costs through interagency billings.” (Section 63J-1-410) H.B. 402, sponsored by Rep. S. Clark, authorizes the Department of Administrative Services (DAS) to operate all

On 02/11/2010, the Senate Rules Committee substituted S.B. 31, Administrative Rules Reauthorization.  The substitute bill adds an effective date section to the bill.  Section 2 provides, “If approved by two-thirds of all the members elected to each house, this bill takes effect May 1, 2010.”  This language is necessary because Section 63G-3-502 provides that “every agency rule that is in

S.B. 31, entitled “Administrative Rules Reauthorization”, has been introduced, and is currently assigned to the Senate Rules Committee.  S.B. 31 is the legislation required annually by Subsection 63G-3-502(3).  The bill is sponsored by Sen. Howard Stephenson, and carries a recommendation from the Legislature’s Administrative Rules Review Committee. As introduced, the bill reauthorizes all administrative rules except Rule R495-888, entitled “Department

At its 01/11/2010 meeting, Utah’s Administrative Rules Review Committee approved the annual “Administrative Rules Reauthorization” bill for filing.  The bill reauthorizes all administrative rules except Rule R495-888 entitled, “Department of Human Services Related Parties Conflict Investigation Procedure.” The committee chair asked staff to hold the bill until Education has addressed the issue discussed at its 12/21/2009 meeting regarding Section R277-470-15

Utah’s Administrative Rules Review Committee has scheduled its next meeting for January 11, 2010.  The agenda indicates that the committee will: continue its discussion about the use of the phrase “liberally construed” in statutes and rules; take up two pieces of legislation:  a bill by Rep. Lockhart entitled, “Department of Human Services – Review and Oversight”; and the committee’s annual

At the 07/14/2009 meeting of the Administrative Rules Review Committee, legislative staff presented a list of legislation that passed during the 2009 General Session that provides “additional rulemaking grants to state agencies.”  This list identifies 60 bills. Under the provisions of Subsection 63G-3-301(13), when a bill passes that explicitly mandates rulemaking, the affected agency is required to initiate rulemaking within

During the 2009 General Session, the Legislature is considering the following bills that potentially 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 concludes the Administrative Rules Review Committee’s effort to amend

H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed.  Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act. Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by

The House amended H.B. 197 expanding the exception list of the Rules Reauthorization bill.  Now, in addition to rules from Education and the Board of Regents, an Insurance rule — Rule R592-13 — will not be reauthorized.  Rule R592-13 is the Title and Escrow Commission rule governing “Minimum Charges for Escrow Services.”