H.B. 256 (2013), Reauthorization of Administrative Rules, Passes

Mike Broschinsky Legislation, Uncategorized

H.B. 256 (2013), entitled “Reauthorization of Administrative Rules,” has passed.  It now awaits gubernatorial action.  In its final form, the bill reauthorizes all administrative rules, except Subsection R592-2-7(2) from the Title and Escrow Commission that addresses Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties.  This subsection will be removed from the Utah Administrative Code effective May 1, 2013.  …

2nd Substitute S.B. 107 (2013) Contains General Rulemaking Requirement for Agencies that Operate or Control a Shooting Range

Mike Broschinsky Legislation, Uncategorized

Second Substitute Senate Bill 107 (Christensen, A.), beginning on line 136, includes a general rulemaking requirement.  It provides that: (1) The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use …

House Passes Rules Reauthorization Bill

Mike Broschinsky Legislation, Uncategorized

The Utah House of Representatives has passed H.B. 256 (2013), entitled “Reauthorization of Administrative Rules.”  The original bill reauthorized all administrative rules except Subsection R277-445-3(B), Education, Administration, Classifying Small Schools as Necessarily Existent.  The bill was amended in committee so that Subsection R592-2-7(2), Insurance, Title and Escrow Commission, Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties, is also …

Annual Reauthorization Bill Approved; Numbered

Mike Broschinsky Legislation, Uncategorized

Utah Code Section 63G-3-502 requires the Legislature’s Administrative Rules Review Committee to prepare omnibus legislation each year to reauthorize administrative rules.   At its first meeting of 2013, held on January 22, members of the Administrative Rules Review Committee approved “Reauthorization of Administrative Rules.”  The bill, now numbered as H.B. 256, reauthorizes all administrative rules EXCEPT Subsection R277-445-3(B) — which is …

Governor Signs S.B. 240

Mike Broschinsky Legislation, Uncategorized

Governor Gary R. Herbert signed S.B. 240, General Repealer, on March 23, 2012.  The bill goes into effect on May 8, 2012.  Section 3 of the bill amends Section 63G-3-305 by deleting Subsection (10).  This language was obsolete.  Questions about this change to the Utah Administrative Rulemaking Act may be directed to Ken Hansen at 801-538-3777.

Governor Signs Reauthorization Bill

Mike Broschinsky Legislation, Uncategorized

Governor Gary R. Herbert signed S.B. 30, Administrative Rules Reauthorization, on March 22, 2012.  All administrative rules in effect on February 28, 2012, are reauthorized effective May 1, 2012. The legislative reauthorization process is governed by Section 63G-3-502.  Questions about this process may be directed to Ken Hansen at 801-538-3777.

All Administrative Rules Reauthorized

Mike Broschinsky Legislation, Uncategorized

On Thursday, March 8 (the final night of the 2012 General Session), the House of Representatives amended S.B. 30 making the bill reauthorizes all administrative rules.  The Senate concurred with the amended at 11:47 PM — with 13 minutes to spare. The bill was approved by more than two-third so all administrative rules are reauthorized effective May 1, 2012. More …

S.B. 240 Passed; Removes Obsolete Language from Rulemaking Act

Mike Broschinsky Legislation, Uncategorized

Senate Bill 240 (2012) has passed.  As it related to rulemaking, Section 3 of S.B. 240 removes Subsection 63G-3-305(10) from the Rulemaking Act.  Back in 1997, this language provided a grandfather clause that gave the then-newly-created Department of Workforce Services and the Labor Commission extra time to comply with the Rulemaking Act’s five-year review requirements.  This language was simply obsolete.  …

A Nonreauthorization Bill?

Mike Broschinsky Legislation, Uncategorized

Rep. John Dougall is sponsoring H.B. 335 (2012), Professional Licensing Amendments.  This bill “excludes from reauthorization four subsections within the rules of the Division of Occupational and Professional Licensing”, specifically: R156-3a-102(6)(d); R156-3a-102(6)(e); R156-22-102(6)(d); and R156-22-102(6)(e). The bill contains a coordination clause which coordinates the provisions of H.B. 335 with the provisions of S.B. 30, Administrative Rules Reauthorization. More information about …

S.B. 240 Removes Obsolete Language from Rulemaking Act

Mike Broschinsky Legislation, Uncategorized

Sen. John Valentine is sponsoring S.B. 240 (2012), General Repealer.  Section 4 of the bill amends Section 63G-3-305 by deleting Subsection (10).  In 1997, this subsection provided extra time for the then-newly-created Labor Commission and Department of Workforce Services to comply with the Rulemaking Act’s five-year review requirement. More information about S.B. 240 is available on the Legislature’s web site …