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Office of Administrative Rules

News and information directly from the Office of Administrative Rules.

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February 7, 2007

H.B. 64 Passed

H.B. 64, Impact of Administrative Rules on Small Businesses, has passed. Pending the Governor’s signature, the bill goes into effect on July 1, 2007. The bill changes anticipated cost or savings information an agency is asked to provide on the Rule Analysis when it files a proposed rule, change in proposed rule, or emergency rule. Specifically, beginning July 1, agencies
February 3, 2007

Substitute for S.B. 138

Sen. Howard Stephenson presented S.B. 138 to the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on February 2, at which time he recommended a substitute bill. The committee gave a favorable recommendation to the substitute bill. The substitute bill amends Section 63A-5-103. It adds civil penalties for violating certain rules adopted by the Building Board, and permits the Board
February 2, 2007

Reauthorization Bill Amended

The Administrative Rules Review Committee met last week. Among other issues, the committee discussed a rule from Education. As a result of that discussion, S.B. 122 was amended in the House Government Operations Standing Committee to not reauthorize Section R277-437-1 which provides definitions for “Student Enrollment Options.” S.B. 122 is now on the House Consent Calendar and is up for
January 25, 2007

H.B. 327 Proposes to Require “Timely Adoption”

Rep. David Clark’s “State Agency Timely Adoption of Administrative Rules” bill has been numbered as H.B. 327. The bill amends Section 63-46a-4 of the Utah Administrative Rulemaking Act. It requires an agency to file a rule mandated by legislation within 180 days of the legislation’s effective date. If the agency does not file the rule with the Division of Administrative
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January 24, 2007

Rep. Ferry Assigned to ARRC as New House Chair

Rep. Ben C. Ferry, Republican from District 2, has been assigned as the House chair of the Legislature’s Administrative Rules Review Committee. Rep. Ferry has served in the House since 1999. He replaces Rep. David Ure. More information about Rep. Ferry is available online at http://le.utah.gov/house/members2005/bios2005.asp?id=2. The Division welcomes Rep. Ferry to the Administrative Rules Review Committee.
January 23, 2007

Legislation Affecting Administrative Rulemaking

As of January 19, 2007, the following bills have been filed that affect administrative rules generally. H.B. 64. Impact of Administrative Rules on Small Businesses. Rep. S. Clark. Rep. S. Clark is sponsoring “Impact of Administrative Rules on Small Businesses.” As introduced, this bill is identical to S.B. 157 (2006) and H.B. 209 (2005) as amended. The bill defines small
January 19, 2007

State Agency Access to ALL Federal Registers Issues, Many Law Journals and Other Resources

Agencies that reference Federal Registers, Supreme Court decisions, treaties, or law journals now have access to a valuable resource. The Utah State Law Library (formerly referred to as the Supreme Court Law Library) has announced desktop access to HeinOnline, a legal research database, for Utah state agencies. To use the service, state employees must access HeinOnline from a computer with
January 18, 2007

H.B. 64 Approved by House Committee; Amendments Requested

H.B. 64, entitled “Impact of Administrative Rules on Small Businesses”, was approved by the House Business and Labor Standing Committee on January 18, 2007. The Division of Administrative Rules has asked the sponsor for two clarifying amendments. The first, affecting line 122, would replace “other persons” with “persons other than small businesses, businesses, and local governments”. This is intended to
January 18, 2007

S.B. 32 Passes Senate, Moves to House

S.B. 32, an Administrative Rules Review Committee bill than makes a technical correction to Section 63-5a-7, passed the Senate. It has been introduced in the House and is now in the Rules Committee awaiting committee assignment.
January 18, 2007

S.B. 138. Administrative Rule Criminal Penalty Amendments.

This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues discussed during the 2005 Interim. It is similar to H.B. 317 (2006). The bill was discussed at the committee’s January 11, 2007, meeting. During 2005, several agencies submitted alternative statutory language that satisfied the committee’s concerns. This bill proposes to make those changes to the respective statutes.