During the 2007 General Session, the Legislature passed the following bills affecting administrative rules.
H.B. 64. “Impact of Administrative Rules on Small Businesses.” (Rep. S. Clark)
H.B. 64 changes anticipated cost or savings information an agency is required to provide on the rule analysis when it files a proposed rule, change in proposed rule, or emergency rule.
Specifically, agencies must provide anticipated costs or savings to “small businesses” (defined to mean a business employing fewer than 50 people). In addition, agencies must now assess anticipated costs or savings to “persons other than small businesses, businesses, or local governmental entities” instead of “other persons.” Look for changes to the rule analysis forms on 06/16/2007. Agencies will still assess overall business impacts under the “comments by the department head on the fiscal impact the rule may have on businesses”.
The Governor signed H.B. 64 on 03/09/2007. H.B. 64 (Chapter 102, Laws of Utah 2007) goes into effect on 07/01/2007. More information about H.B. 64 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/hbillhtm/hb0064.htm. Also see “Implementing H.B. 64” in this newsletter.
H.B. 327. “State Agency Timely Adoption of Administrative Rules.” (Rep. D. Clark)
H.B. 327 requires timely adoption of administrative rules. It amends Section 63-46a-4 and requires an agency to “initiate rulemaking proceedings no later than 180 days after the effective date of the statutory provision that requires the rulemaking.” If the agency is unable to file the rule by the deadline, it is required to “appear before the legislative Administrative Rules Review Committee and provide the reasons for the delay.”
The Governor signed H.B. 327 on 03/12/2007. H.B. 327 (Chapter 168, Laws of Utah 2007) went into effect on 04/30/2007. More information about H.B. 327 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/hbillhtm/hb0327.htm. Also see “Implementing H.B. 327” in this newsletter.
S.B. 122. “Administrative Rules Reauthorization” (Sen. H. Stephenson)
This is the Administrative Rules Review Committee’s annual bill required by Section 63-46a-11.5. S.B. 122 reauthorized all rules, except a portion of an Education rule — Section R277-437-1. The Governor signed S.B. 122 on 03/13/2007. S.B. 122 (Chapter 225, Laws of Utah 2007) went into effect on 05/01/2007. More information about S.B. 122 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/sbillhtm/sb0122.htm.
Other Legislation recommended by the Legislature’s Administrative Rules Review Committee.
The Legislature’s Administrative Rules Review Committee recommended two other pieces of legislation that also passed. These bills affect more than one, but not all, rulemaking agencies.
S.B. 32, “Filing of Administrative Rules, Orders, and Regulations” corrected Section 63-5a-7 to make it consistent with the Utah Administrative Rulemaking Act. In part, it provides that rules and orders of state government issued in accordance with Title 63, Chapter 5a, have the full force and effect of law during a state of emergency when a copy of the document is filed with the Division of Administrative Rules. The Governor signed S.B. 32 on 03/12/2007. S.B. 32 (Chapter 177, Laws of Utah 2007) went into effect on 04/30/2007. More information about S.B. 32 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/sbillhtm/sb0032.htm.
1st Substitute S.B. 138, “Administrative Rule Criminal and Civil Penalty Amendments” amends sections throughout the Utah Code. In some cases, sections that provided criminal penalties for violating rules were amended to provide for civil penalties. In other instances, provisions that had previously appeared in rule were incorporated into statute and the criminal penalty was maintained. The Governor signed S.B. 138 on 03/15/2007. S.B. 138 (Chapter 320, Laws of Utah 2007) went into effect on 04/30/2007. More information about 1st Substitute S.B. 138 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/sbillhtm/sb0138s01.htm. Also see “Statutes Imposing a Criminal Penalty for Violating a Rule, Part II” in this newsletter.
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: 801-538-3777, FAX: 801-538-1773, or Internet E-mail: khansen “at” utah.gov.