As of January 20, 2006, the following bills affecting administrative rules have been numbered or approved for filing.
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, as introduced, proposes to reauthorize all rules. The Division will continue to monitor the bill and notify agencies if any rules are identified for sunset. More information about S.B. 26 is available at http://www.le.state.ut.us/~2006/htmdoc/sbillhtm/sb0026.htm.
S.B. 157 “Impact of Administrative Rules on Small Businesses” (Sen. H. Stephenson)
S.B. 157, an Administrative Rules Review Committee bill, proposes to amend Title 63, Chapter 46a, Utah Administrative Rulemaking Act, in two ways. It defined “small businesses”. It also modifies Section 63-46a-4, requiring an agency to provide anticipated cost or savings to small businesses and business in general. S.B. 157 is identical to the amended H.B. 209 (2005) that failed. This bill will require changes to eRules, the web application agencies use to file rules. This bill is supported by the Small Business Administration. More information about S.B. 157 is available at http://www.le.state.ut.us/~2006/htmdoc/sbillhtm/sb0157.htm.
Unnumbered “Administrative Rule Criminal Penalty Amendments” (Rep. D. Ure)
This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues. These were discussed at the committee’s July 11, November 4, and 22, 2005, and January 13, 2006, meetings. Several agencies submitted alternative language that satisfied the committee’s concerns. This bill proposes to make those changes. As of January 20, the bill will affect the following statutory sections: 4-38-7, 9-4-612, 32A-12-104, 40-6-12, 40-8-9, 41-3-210, 41-3-701, 41-3-702, 41-6a-1115, 51-7-22.4, 53-7-226, 59-14-212, 65A-3-1, and 76-10-1233.
Unnumbered “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 five business 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) designates a petition to which an agency fails to respond or initiate rulemaking within the specified period as “denied” providing that “the petitioner may seek a writ of mandamus in state district court.”
This information will be updated throughout the session and available at http://www.rules.utah.gov/law/legis.htm.