Of the 524 bills and resolutions passed during the 2013 General Session, 478 bills have or will become law. The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.
On 05/14/2013, 392 bills take effect. For these bills, if the Legislature specifically required administrative rulemaking, the agency responsible for the program must initiate rulemaking (file the rule with the Division) by 11/10/2013. Another 45 bills take effect on 07/01/2013, for which required rules must be filed by 12/28/2013. Please note that 41 bills provided for an effective date other than 05/14/2013 or 07/01/2013 — some effective prior to 05/14/2013, and others effective after 07/01/2013. Rules required by these bills are due 180-days from the effective date of the respective bill.
For example, S.B. 107, Public Shooting Ranges, effective 03/26/2013, provides:
The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement procedures for use of the range by the public. (Chapter 155, Laws of Utah 2013)
Rules to implement S.B. 107 must be filed with the Division by 09/22/2013 to meet the statutory deadline.
The Division encourages agency rulewriters to work with their department’s administrative rules coordinator to determine which of the 478 bills that passed direct your agency to engage in rulemaking. Statute provides that if an agency is unable to meet the 180-day deadline, the agency must appear before the Administrative Rules Review Committee to discuss the delay.
Each agency is best suited to determine if a bill requires the agency to engage in rulemaking. Questions about Utah’s rulemaking process or the provisions of Subsection 63G-3-301(13) may be directed to Ken Hansen (801-538-3777).