RULESNEWS

Vol. 2007, No. 4 (December 28, 2007)

IN THIS ISSUE:

• Legislation Affecting Administrative Rulemaking
• Incorporating a CFR? Provide a paper copy to Rules
• Sen. Ed Mayne
• Agency Access to HeinOnline Expanded to Include Additional Databases

 

DIRECTIONS PLEASE:  If someone else in your agency should receive RULESNEWS, please contact Ms. Sophia Manousakis (801-538-3764).  If you no longer wish to receive RULESNEWS, you may unsubscribe by following the directions at the end of the newsletter.  Please note, however, that unsubscribing may affect your access rights to eRules, the Division's rule filing application.

 

Legislation Affecting Administrative Rulemaking

As of December 28, 2007, the following bills have been filed that affect administrative rules generally.

H.B. 53.  Impact of Administrative Rules on Small Businesses.  Rep. S. Clark.

Rep. S. Clark has filed this bill in response to another request from the U.S. Small Business Administration.  This bill goes beyond H.B. 64 (2007), which required agencies to include in the rule analysis the anticipated cost or savings a rule may have on small businesses.

H.B. 53 will require "a state agency to consider methods to minimize the impact of an agency's proposed administrative rule on small businesses."  Rep. Clark presented his bill at the November 27, and the December 12 meetings of the Administrative Rules Review Committee.  On December 12, Rep. S. Clark, and Jim Henderson from the Small Business Administration presented a series of changes to the bill.  The committee accepted most of the changes (these changes are not reflected in the current numbered bill).  However, the committee had an extensive discussion about what would trigger an agency to consider the alternatives outlined in the bill.

At the conclusion of the discussion, Rep. Clark asked that Sen. Mark Madsen work with Ken Hansen, who in turn would work with Jim Henderson, to refine the draft.  The committee approved a motion to bring the bill back in January to review the changes and refinements.  If the committee concurs with these changes, the committee will likely approve the bill as a committee bill.

More information about H.B. 64 is available at http://le.utah.gov/~2008/bills/static/HB0053.html.

H.B. 63.  Recodification of Title 63 State Affairs in General.  Rep. D. Aagard.

This 2,980 page bill recodifies most of Title 63.  It also changes references to Title 63 in other sections of the Utah Code.

Almost every agency will be impacted by this bill.  If an agency's rules reference statutes in Title 63 -- like the Government Records Access Act (GRAMA), the Administrative Procedures Act (UAPA), the Utah Administrative Rulemaking Act, to name a few -- the agency will need to file nonsubstantive changes update the references.  The Division of Administrative Rules estimates that there are over 400 rules that will require updated references.  The Division intends to notify agencies affected as soon as the bill passes.

More information about H.B. 63 is available at http://le.utah.gov/~2008/bills/static/HB0063.html.

Additional Information

The Legislature's Administrative Rules Review Committee meets on January 9, 2008.  At that meeting, the Committee will likely discuss the criminal penalties bill, and the administrative rules reauthorization bill.  Questions about these bills or the numbered bills listed above may be directed to Ken Hansen (801-538-3777).

 

Incorporating a CFR? Provide a paper copy to Rules

The Utah Administrative Rulemaking Act requires that, when an agency incorporates materials into its rules, the agency must provide a copy of those materials to the Division.  Formerly, the Division made an exception to this by purchasing its own subscription to the Code of Federal Regulations (CFR).

After contacting department rules coordinators, asking for feedback, and receiving no concerns or objections, the Division has decided to terminate its subscription to the CFR.  This means that an agency incorporating a federal regulation from a CFR dated January 2008 or later must provide a paper copy of the regulation, just like it does with any other materials incorporated by reference.

This decision was made because of the free availability of the CFR online, the increasing cost associated with subscriptions to the microfiche CFR edition, and the apparent decline in CFR incorporations (for the Bulletins published 01/01/2007 through 12/01/2007, agencies have filed 1,447 rules; of those, 35 or 2%, of the rules incorporate the CFR).

Agencies may access the CFR free of charge from http://www.gpoaccess.gov/cfr/index.html.  The Government Printing Office makes two versions -- text and PDF -- available online.  The Division recommends that agencies print the PDF version.  The PDF version is formatted like the printed CFR and it will typically require less paper.

Direct your questions about this decision to Ken Hansen (538-3777).

 

Sen. Ed Mayne

State Senator Ed Mayne passed away on Sunday, November 25, 2007.  Among his many contributions, Sen. Mayne served as a member of the Administrative Rules Review Committee since 1999.  Sen. Mayne will be missed for his voice of reason, his passion, and his ability to engage is often heated, but always civil, discussions about the issues.  He always demonstrated respect for others, even those with whom he disagreed.  He will be sorely missed.

 

Agency Access to HeinOnline Expanded to Include Additional Databases

Jessica Van Buren, State Law Librarian, indicates that the state's HeinOnline subscription now includes the U.S. Congressional Documents library.  This provides state agencies with access to the:

  * Congressional Record (1873-1889 and 1992-2003, with more added each month),
  * Annals of Congress,
  * Register of Debates,
  * Congressional Globe,
  * American State Papers,
  * Journals of the Continental Congress, and
  * Territorial Papers of the United States.

Starting December 1, the state will also have access to the Federal Agency Decisions collection, which includes Comptroller General, Copyright, Patents, FCC, FTC, IRS Cumulative Bulletin, Interstate Commerce Acts, NLRB, NRC, SEC, Tax Court Reports, and Board of Tax Appeals.

These libraries are in addition to the law journal, U.S. Statutes at Large, CFR, Federal Register, U.S. treaties, legal classics and other libraries to which state agencies already have access.

State employees can access HeinOnline from their desktops at http://www.heinonline.org/HOL/Welcome.

The Division extends its thanks to the State Law Library, assisted by the State Library, for access to this legal resource.

 

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The Department of Administrative Services, Division of Administrative Rules, publishes RULESNEWS periodically for state rulewriting agencies.  Kenneth A. Hansen, Director.  Direct comments to the:  Division of Administrative Rules, 4120 State Office Building, Salt Lake City, UT 84114-1201; Phone: 801-538-3764; FAX:  801-538-1773; Internet URL: http://www.rules.utah.gov/.

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