Rules Reauthorization Bill Passes Senate

Senate Bill 30 (2012) passed the Senate on Thursday, January 26.  During consideration of the bill on the Senate 3rd Reading Calendar, Sen. Howard Stephenson indicated that he expects Education and Human Resource Management to address the issues that caused the Administrative Rules Review Committee to recommend not reauthorizing portions of their rules.  Stephenson indicated on Wednesday that he intends to hold the bill in the House of Representatives until the final week of the session.  That will allow Legislators to amend the bill if necessary.

The House has assigned the reauthorization bill to the House Workforce Services and Community and Economic Development Committee committee.  More information about S.B. 30 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/SB0030.htm .

Legislature Considers Issue Discussed by ARRC During 2011

The Utah Legislature begins its 2012 General Session on Monday, January 23, 2012.  On the agenda for House Government Operations Standing Committee at 3:15 PM on this first day of the session is H.B. 245, entitled “Amendments to Definition of Smoking in Utah Indoor Clean Air Act”.  This issue, particularly as it relates to hookahs, was discussed by the Administrative Rules Review Committee (ARRC) at its September 13, 2011, and November 1, 2011, meetings.

More information about H.B. 245 is available online at http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0245.htm.

Utah Administrative Code Current through January 1, 2012

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 01/01/2012.  The Division posted this update on its website on 01/19/2012.  The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm.  An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.

2012 Rules Reauthorization Bill Numbered — S.B. 30

The annual bill to reauthorize administrative rules has now been numbered as Senate Bill 30.  Sen. Howard Stephenson, Senate chair of the Administrative Rules Review Committee, is the primary sponsor.  As reported last week, the bill reauthorizes all rules except portions of two:

  • Section R477-6-5, Human Resource Management, Administration, Compensation, Incentive Awards.
  • Subsection R277-419-5(E), Education, Administration, Pupil Accounting, Student Membership, Exceptions.

More information about S.B. 30 is available from the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/SB0030.htm.

The 2012 General Session begins on Monday, January 23 and concludes on Thursday, March 8.

Rules Reauthorization Bill Approved

At its January 13, 2012, meeting, the Administrative Rules Review Committee approved the annual “Administrative Rules Reauthorization” bill required by Section 63G-3-502.  The bill reauthorizes all rules in effect on February 28, 2012, except:

  • Section R477-6-5, Human Resource Management, Administration, Compensation, Incentive Awards.
  • Subsection R277-419-5(E), Education, Administration, Pupil Accounting, Student Membership, Exceptions.

The bill has not yet been numbered.

Administrative Rules Review Committee Meets on January 13, 2012

The Utah Legislature’s Administrative Rules Review Committee meets on January 13, 2012, at 9 AM.  The agenda is posted online on the Legislature’s site.  Issues include:

1. Committee Business
2. R277-419-5 Student Membership (Sen. Stephenson)
3. High School Graduation Requirements — Eligibility (Sen. Stephenson)
4. 2012 General Session Draft Legislation, “Administrative Rules Reauthorization”
5. Division of Services for People with Disabilities: Payments to Service Providers
6. Reports: Delay in Filing Administrative Rules Required by 2011 General Session Legislation
7. Committee Business

Utah Administrative Code Current through December 1, 2011

The Utah Administrative Code, the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules, is current through 12/01/2011.  The Division posted this update on its website on 12/22/2011.  The Division’s goal is to codify and post administrative rule filings made effective through the first of the month by the tenth of the month.

The Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/code.htm.  An archive of updates to the Utah Administrative Code is available online at http://www.rules.utah.gov/publicat/codeudt.htm.

Governor Issues Report and Executive Order

2011 Utah Business Regulation Review

2011 Utah Business Regulation Review

On Tuesday, December 6, 2011, Governor Gary R. Herbert announced the results of a comprehensive review of all of Utah’s business regulations and the release of the report, Utah Business Regulation Review.  This report documents the efforts of state agencies’ to respond to the governor’s call to review existing business regulations.

In addition to summarizing agencies’ responses to the Governor’s request, the report also includes an analysis of rules conducted by the Governor’s Office, and feedback from over 100 business associations and over 300 survey responses from individual businesses.

The report is available from the Division of Administrative Rules’ web site at http://www.rules.utah.gov/reports/2011UtahBusinessRegulationReview.pdf .

As part of the announcement, Governor Herbert also signed Executive Order EO/013/2011 entitled “Establishing Effective Oversight Over State Agency Rulemaking”.  This order updates requirements found in orders issued in 1979, 1986, and 1988.  The order establishes additional procedures for agencies to follow when promulgating rules.

The order:

  1. establishes the Governor’s expectation that rules be clear and concise, and that they not impose unnecessary burdens on the economy, on individuals, on public or private organizations, or on local government;
  2. requires agencies to include non-fiscal and indirect costs or savings as part of the cost boxes in the rule analysis;
  3. requires department heads to designate a department rules coordinator and report that person’s name to the Division of Administrative Rules;
  4. requires the department rules coordinator to perform several functions including a review of legislation for rulemaking mandates AND sending a copy of the rule analysis for a notice of proposed rule to the Governor’s Office of Economic Development;
  5. reestablishes the role of the Governor’s Office of Planning and Budget to review rules;
  6. outlines the sources from which agencies may seek assistance;
  7. requires state administrators to cooperate with GOPB’s executive review of rules, and the Division of Administrative Rules implementation of filing, publication and hearing procedures.

The full language of the executive order is available online at http://www.rules.utah.gov/execdocs/2011/EO-013-2011.pdf.

ARRC Holds Last Meeting for 2011

The Legislature’s Administrative Rules Review Committee (ARRC) is scheduled to hold its last meeting of 2011 on Wednesday, December 21, 2011, at 2 PM in room C445.  The Agenda includes the following issues:

  • R277-419-4 Student Membership (Sen. Stephenson)
  • High School Graduation Requirements — Eligibility (Sen. Stephenson)
  • Report: Delay in Filing Administrative Rules Required by 2011 General Session Legislation S.B. 59, “School Grading System”
  • Presentation: “Utah Business Regulation Review”
  • 2011 Draft Legislation, “Reporting Abuse of a Vulnerable Adult”
  • Reports: Delay in Filing Administrative Rules Required by 2011 General Session Legislation (H.B. 148, “Raw Honey Amendments”; H.B. 128, “Health Reform Amendments”; H.B. 80, “Emergency Management”; and S.B. 100, “Securities Fraud Reporting Program Act”)
  • Committee Business

More information about the Administrative Rules Review Committee is available online.

ARRC Meeting on December 5, 2011

The Legislature’s Administrative Rules Review Committee (ARRC) has released its agenda for its Monday, December 5, 2011, meeting, scheduled at 9 AM in room C445.  The agenda includes:

  • Committee Business
  • R765-609 Regents’ Scholarship (Sen. Stephenson)
  • 2012 General Session Draft Legislation, “Reporting Abuse of a Vulnerable Adult” (Rep. Moss)
  • Reviewing the Utah State Bulletin for Rules Issues
  • Committee Business

More information is available from the Administrative Rules Review Committee page at http://le.utah.gov/asp/interim/Commit.asp?Year=2011&Com=SPEADM.  Additional information about the committee is available at http://www.rules.utah.gov/arrc.htm.