Governor Herbert has signed the following bills that affect administrative rulemaking:
Questions about how these bills affect rulemaking may be referred to Ken Hansen (801-538-3777).
During the 2013 General Session, the Legislature has passed the following bills that affect rulemaking.
H.B. 256, entitled “Reauthorization of Administrative Rules”, passed and now awaits the Governor’s action. H.B. 256 is the legislation required annually by Subsection 63G-3-502(3). The bill reauthorizes all administrative rules except Subsection R592-2-7(2) from the Title and Escrow Commission which addresses Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties. This subsection will be removed from the Utah Administrative Code effective May 1, 2013. A separate notice of the Legislative Nonreauthorization will be published in the May 15, 2013, issue of the Utah State Bulletin. Under the terms of Section 2 of the bill, it takes effect on May 1, 2013.
The law governing reauthorization of administrative rules is found at Section 63G-3-502. Questions about the reauthorization process may be directed to Ken Hansen, 801-538-3777. Additional information about H.B. 256 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html.
2nd Substitute S.B. 107 as amended, Public Shooting Ranges, passed and now awaits the Governor’s action. Beginning at line 135, the bill requires the “State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range” to make rules pursuant to the Utah Administrative Rulemaking Act. The bill specifies minimum content of the rules. The bill, beginning at line 163, excludes specified ranges (ranges operated by the Division of Wildlife Resources, the Utah National Guard ranges located at Camp Williams and the Salt Lake International Airport; and ranges owned, operated, or currently leased by a state public safety agency) from the Part, including the rulemaking requirement. Under the terms of Section 10 of the bill, it takes effect upon approval by the governor.
Additional information about S.B. 107 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/sb0107.html.
Questions about this legislation may be directed to Ken Hansen (801-538-3777).
H.B. 256 (2013), entitled “Reauthorization of Administrative Rules,” has passed. It now awaits gubernatorial action. In its final form, the bill reauthorizes all administrative rules, except Subsection R592-2-7(2) from the Title and Escrow Commission that addresses Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties. This subsection will be removed from the Utah Administrative Code effective May 1, 2013. A separate notice of the Legislative Nonreauthorization will be published in the May 15, 2013, issue of the Utah State Bulletin.
The law governing reauthorization of administrative rules can be found at Section 63G-3-502. Questions about the reauthorization process may be referred to Ken Hansen, 801-538-3777. Additional information about H.B. 256 is available on the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html.
Second Substitute Senate Bill 107 (Christensen, A.), beginning on line 136, includes a general rulemaking requirement. It provides that:
(1) 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.
The bill also includes several items that must be addressed in the shooting range rules.
More information about SB0107S02 is available online at http://le.utah.gov/~2013/bills/static/SB0107.html .
The Utah House of Representatives has passed H.B. 256 (2013), entitled “Reauthorization of Administrative Rules.” The original bill reauthorized all administrative rules except Subsection R277-445-3(B), Education, Administration, Classifying Small Schools as Necessarily Existent. The bill was amended in committee so that Subsection R592-2-7(2), Insurance, Title and Escrow Commission, Title Insurance Administrative Hearings and Penalty Imposition, Imposition of Penalties, is also not reauthorized.
Related to the Education issue, Education filed an amendment to Rule R277-445 to remove Subsection R277-445-3(B). That amendment was published in the 3/1/2013 edition of the Utah State Bulletin (see filing 37278). In addition, H.B. 173, entitled “Necessarily Existent Small Schools Funding Amendments”, passed. This bill inserts language similar to that found in Subsection R277-445-3(B) into statute.
H.B. 256 now heads to the Senate. More information about H.B. 256 is available from the Legislature’s web site at http://le.utah.gov/~2013/bills/static/hb0256.html .
Governor Gary R. Herbert signed S.B. 240, General Repealer, on March 23, 2012. The bill goes into effect on May 8, 2012. Section 3 of the bill amends Section 63G-3-305 by deleting Subsection (10). This language was obsolete. Questions about this change to the Utah Administrative Rulemaking Act may be directed to Ken Hansen at 801-538-3777.
Governor Gary R. Herbert signed S.B. 30, Administrative Rules Reauthorization, on March 22, 2012. All administrative rules in effect on February 28, 2012, are reauthorized effective May 1, 2012.
The legislative reauthorization process is governed by Section 63G-3-502. Questions about this process may be directed to Ken Hansen at 801-538-3777.
On Thursday, March 8 (the final night of the 2012 General Session), the House of Representatives amended S.B. 30 making the bill reauthorizes all administrative rules. The Senate concurred with the amended at 11:47 PM — with 13 minutes to spare. The bill was approved by more than two-third so all administrative rules are reauthorized effective May 1, 2012.
More information about S.B. 30 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0030.htm .
Senate Bill 240 (2012) has passed. As it related to rulemaking, Section 3 of S.B. 240 removes Subsection 63G-3-305(10) from the Rulemaking Act. Back in 1997, this language provided a grandfather clause that gave the then-newly-created Department of Workforce Services and the Labor Commission extra time to comply with the Rulemaking Act’s five-year review requirements. This language was simply obsolete. It had not been declared unconstitutional, as was represented on the floor during debate.
More information about S.B. 240 (2012) is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0240s01.htm .