RulesNews

Division Bids Farewell to Rep. David Ure

Rep. David Ure (Republican, District 53) chaired his final Administrative Rules Review Committee (ARRC) meeting on December 20, 2006. He was unsuccessful in his bid for the Senate seat held by retiring Sen. Beverly Evans. Rep. Ure was assigned to the ARRC in 1993 as a first-term legislator. He then became the House chair of ARRC in 1999 replacing Rep. Marty Stephens who relinquished the chair when he became Speaker of the House.

During Rep. Ure's tenure, the ARRC has dealt with major issues such as the cost of administrative rules, weapons restrictions in rules, written documents that should be rules, authority to write rules, statutorily required rules that had not yet been written, and criminal penalties associated with the violation of a rule. During his service, the ARRC also concluded its only complete review of all effective administrative rules. In 1997, Rep. Ure sponsored H.B. 182 that expanded the size of the ARRC from six to ten legislators. Most notably, Rep. Ure's tenure on the committee marked a period of time when the executive and legislative branches worked more cooperatively for better administrative rules.

Those who work with the ARRC will miss Rep. Ure for the context and perspective he provided, as well as for his honest, honorable nature. It was always possible to talk with Rep. Ure, even when he stood on the opposite side of an issue. He always listened respectfully. Knowing Rep. Ure, he will probably be listening to the audio broadcast of legislative meetings as he tends to his ranch. The Division of Administrative Rules wishes Rep. Ure the very best in all his endeavors.

"Impact of Administrative Rules on Small Businesses" Bill Numbered

Rep. S. Clark's "Impact of Administrative Rules on Small Businesses" bill has been numbered as H.B. 64. Questions about H.B. 64 may be directed to Ken Hansen (801-538-3777).

Bills Approved by Administrative Rules Review Committee

In its December 20, 2006, meeting, the Administrative Rules Review Committee approved two bills as committee bills. These are the "Administrative Rule Criminal Penalty Amendments" and the "Filings of Administrative Rules, Orders, and Regulations" bills.

The "Administrative Rule Criminal Penalty Amendments" will be substantially similar to Substitute H.B. 317 (2006). The bill amends sections throughout the Utah Code that prescribed a criminal penalty for the violation of a rule. A few items have been added. Provisions affecting the Capitol Preservation Board have also been added. Those provisions have replaced the criminal penalties with civil penalties. Sponsorship of this bill is yet to be decided.

The "Filings of Administrative Rules, Orders, and Regulations" has been numbered as S.B. 32. Sen. Stephenson is sponsoring the bill. This bill amends Section 63-5a-7 changing the location at which an order, rule, or regulation must be filed for those documents to have affect during an emergency from the Division of Archives to the Division of Administrative Rules. This bill makes Section 63-5a-7 consistent with changes make to the Utah Administrative Rulemaking Act in 1987.

Questions about these bills may be directed to Ken Hansen (801-538-3777).

Legislation Regarding "Filings of Administrative Rules, Orders, and Regulations"

The Administrative Rules Review Committee is considering another piece of legislation that affects rulemaking. After coordinating with the Department of Public Safety, the Division of Administrative Rules has requested a small amendment to Section 63-5a-7, entitled "Orders, rules, and regulations having force of law -- Filing requirements -- Suspension of state agency rules." The bill will delete a reference to "Archives" and replace it with a reference to "Administrative Rules".

In 1984, when this section was last substantively amended, the Division of Archives was responsible for the rulemaking process. That was changed in 1987 (Chapter 241, Laws of Utah 1987, effective April 27, 1987). However, Section 63-5a-7 was never coordinated with the changes made to the Utah Administrative Rulemaking Act. This bill will bring Section 63-5a-7 into harmony with Title 63, Chapter 46a.

The Administrative Rules Review Committee will discuss this bill at its meeting scheduled for December 20, 2006, at 9:00 AM in Room W135 of the House Building on Capitol Hill. Questions about the bill may be referred to Ken Hansen (801-538-3777).

Return of "Administrative Rule Criminal Penalty Amendments"

During the 2006 General Session, the Legislature considered H.B. 317, entitled "Administrative Rule Criminal Penalty Amendments" (see http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/HB0317S01.htm for more information). This bill amended statutes throughout the Utah Code removing criminal penalties for violations of administrative rules. Time ran out before the bill could be passed.

Based on information available from the Legislature's web site, it appears that a similar bill will be filed for the upcoming 2007 General Session. The index of Bill Requests currently available on the Legislature's web site shows that Sen. Stephenson has opened a bill request. If this bill is to proceed as a committee bill, as last year's bill did, it is likely that the committee will discuss it at their next meeting, scheduled for Wednesday, December 13, 2006, at 9 AM in Room W135.

Contact Ken Hansen if you have questions about his issue -- 801-538-3777.