RulesNews

S.B. 158 Passes House

S.B. 158, one of five Administrative Rules Review Committee (ARRC) bills, passed the House on February 16, 2006. This bill restores explicit rulewriting authority to the Governor's Office of Economic Development (GOED) and the Department of Administrative Services (DAS).

Last year, legislative staff drafted H.B. 318 (2004) to exclude rulemaking authority. After a year, the ARRC recognized that GOED was handling issues that needed the full view provided by the rulemaking process with its corresponding opportunity for legislative oversight.

Two years ago, H.B. 31 (2004) removed provisions for the DAS Advisory Committee. Unintentionally, this bill also removed explicit rulemaking authority from the DAS Executive Director.

S.B. 158 will now be enrolled and sent to the Governor for signature. More information about S.B. 158 is available at http://www.le.state.ut.us/~2006/htmdoc/sbillhtm/SB0158.htm.

H.B. 316 Amended, Passes the House

On February 14, 2006, H.B. 316, Administrative Rules Procedure Amendments, was discussed on the House 3rd Reading Calendar. Rep. Ure, sponsor of the bill, moved two amendments approved by the house.

First, line 92 was amended to replaced "five business" with "seven calendar" days. This amendment reduces the fiscal impact of the bill on the Division of Administrative Rules. Programmers indicated that it would be more costly to calculate business days.

Second, line 127 was amended to delete "the petition is considered denied and". In effect, removing this language doesn't appear to change the intent or affect of the bill. A petitioner may seek a writ of mandamus in district court when an agency fails to deny or grant a petition within the time frame provided.

Additional information about H.B. 316 is available on the Legislature's web site at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0316.htm.

H.B. 317 Public Substitute

On February 14, 2006, the Fiscal Analyst's office distributed a copy of 1st Sub. H.B. 317, Administrative Rule Criminal Penalty Amendments. This substitute, not yet introduced, makes additional changes to the following statutory sections beyond those that appeared in the original bill: Sections 4-38-7 (Agriculture), 40-6-12 (Oil, Gas and Mining), 40-8-9 (Oil, Gas and Mining), 41-2-210 (Tax), 41-3-701 (Tax), 51-7-22.4 (Money Management Council), and 65A-3-1 (Forestry, Fire and State Lands).

Many of the changes are minor. However, new substantive language is added under Sections 41-3-210 (Tax), 51-7-22.4 (Money Management Council), and 65A-3-1 (Forestry, Fire and State Lands). The substitute bill is available online at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0317.htm.

UPDATE: H.B. 317 was substituted in the House on February 20, 2006. 1st Substitute H.B. 317 passed the House and is now awaiting Senate action. Information about 1st Substitute H.B. 317 is available at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0317s01.htm.

S.B. 26, Rules Reauthorization, Passes Reauthorizing All Rules

On January 27, the House Rules Committee placed S.B. 26, "Administrative Rules Reauthorization" (Sen. H. Stephenson), on the third reading calendar. On February 1, the House passed S.B. 26. The bill now awaits enrollment and the Governor's signature.

The Reauthorization bill is the Administrative Rules Review Committee's annual bill required by Section 63-46a-11.5. S.B. 26, as passed, reauthorize all rules. More information about S.B. 26 is available at http://www.le.state.ut.us/~2006/htmdoc/sbillhtm/sb0026.htm.

H.B. 317 "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 to the respective statutes. The bill affects 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, 76-10-1233 (Effective 05/01/06), and 76-10-1234. More information about H.B. 317 is available at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0317.htm.

Questions regarding this bill may be directed to Ken Hansen at 801-538-3777.

H.B. 316 "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."

H.B. 316 has a fiscal impact on the Division of Administrative Rules. To help mitigate part of the fiscal note, Rep. Ure has agreed to amend line 92 to change "five business days" to "seven calendar days".

More information about H.B. 316 is available at http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/hb0316.htm.

Questions regarding this bill may be directed to Ken Hansen at 801-538-3777.