• H.B. 256, Reauthorization of Administrative Rules, effective 5/1/2013 (Chapter 355, Laws of Utah 2013); and
• S.B. 107, Public Shooting Ranges, effective 3/26/2013 (Chapter 155, Laws of Utah 2013).

Questions about how these bills affect rulemaking may be referred to Ken Hansen (801-538-3777).

H.B. 256, Reauthorization of Administrative Rules (Rep. C. Oda)

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.

S.B. 107, Public Shooting Ranges (Sen. A. Christensen)

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).

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.

(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 .

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 .

Questions about the rules reauthorization process may be directed to Ken Hansen at 801-538-3777.  More information about H.B. 256 (2013) may be found online at http://le.utah.gov/~2013/bills/static/HB0256.html.

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.

More information about S.B. 30 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0030.htm .

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 .

• R156-3a-102(6)(d);
• R156-3a-102(6)(e);
• R156-22-102(6)(d); and
• R156-22-102(6)(e).

The bill contains a coordination clause which coordinates the provisions of H.B. 335 with the provisions of S.B. 30, Administrative Rules Reauthorization.

More information about H.B. 335 is available online from the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/hbillhtm/hb0335.htm .

More information about S.B. 240 is available on the Legislature’s web site at http://le.utah.gov/~2012/htmdoc/sbillhtm/sb0240.htm .

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 .

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

• 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.

• 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.

On 05/10/2011, 351 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 11/06/2011.  If an agency is unable to make this deadline, the agency needs to contact Mr. Art Hunsaker in the Office of Legislative Research and General Counsel at 801-538-1032, to schedule a time to 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).

As we reminded agencies back on 02/28/2011, statute (Subsection 63G-3-302(13)) requires agencies to file rules mandated by legislation with the Division of Administrative Rules within 180 days of the bill’s effective date.

Twenty-nine of the bills passed this year provide for an effective date earlier than 05/10/2011.  Included below is a list of these bills, with each bill’s effective date, and the date by which rules must be filed *if the bill mandates rulemaking*.

• HB0003    Current Fiscal Year Supplemental Appropriations.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
• HB0004    General Obligations Bonds Authorizations.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
• HB0015    Controlled Substance Database – Licensing Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• HB0023    Controlled Substance Modifications.  Effective:  02/25/2011.  If bill requires rulemaking, rules must be filed by:  08/24/2011
• HB0041    State Capitol Preservation Board Fee Revisions.  Effective:  02/16/2011.  If bill requires rulemaking, rules must be filed by:  08/15/2011
• HB0083    Charter School Revolving Account.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• HB0228S01    Administrative Rules Reauthorization.  Effective:  05/01/2011.  If bill requires rulemaking, rules must be filed by:  10/28/2011
• HB0238    Radiology Technologist and Radiology Practical Technician Licensing Act.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
• HB0265    Motor Vehicle Emissions Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• HB0333S01    Unfair Inducements Related to Insurance Products.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
• HB0461    Energy Producer States’ Agreement.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• HB0475    State Energy Amendments.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
• SB0004    Current School Year Supplemental Public Education Budget Adjustments.  Effective:  03/29/2011.  If bill requires rulemaking, rules must be filed by:  09/25/2011
• SB0011S01    Worker Classification Coordinated Enforcement.  Effective:  03/07/2011.  If bill requires rulemaking, rules must be filed by:  09/03/2011
• SB0030S01    Extension of Recycling Market Development Zone Act and Related Tax Credits.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
• SB0066S01    Military Leave for an Elected Official of a Political Subdivision.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• SB0097    Higher Education Mission Based Funding.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
• SB0107    Higher Education Success Stipend Program.  Effective:  02/23/2011.  If bill requires rulemaking, rules must be filed by:  08/22/2011
• SB0113S03    Election District Boundaries.  Effective:  03/18/2011.  If bill requires rulemaking, rules must be filed by:  09/14/2011
• SB0125S03    Property Tax Exemption Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• SB0145    Utah Educational Savings Plan Amendments.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• SB0149    Qualifications for the Executive Director of the Department of Health.  Effective:  03/21/2011.  If bill requires rulemaking, rules must be filed by:  09/17/2011
• SB0165S02    Election Law Amendments.  Effective:  03/10/2011.  If bill requires rulemaking, rules must be filed by:  09/06/2011
• SB0221S02    State of Utah Resource Management Plan for Federal Lands.  Effective:  03/16/2011.  If bill requires rulemaking, rules must be filed by:  09/12/2011
• SB0235S01    Charter School Students’ Participation in Extracurricular Activities.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
• SB0236S01    Referendum Amendments.  Effective:  03/25/2011.  If bill requires rulemaking, rules must be filed by:  09/21/2011
• SB0278    Charter School Property Tax Amendments.  Effective:  03/30/2011.  If bill requires rulemaking, rules must be filed by:  09/26/2011
• SB0293    Military Installation Development Authority and Annexation Amendments.  Effective:  03/22/2011.  If bill requires rulemaking, rules must be filed by:  09/18/2011
• SB0300    Government Bonding Amendments.  Effective:  03/21/2011.  If bill requires rulemaking, rules must be filed by:  09/17/2011

Each agency is best suited to determine if a bill requires the agency to engage in rulemaking.  Questions about Utah’s rulemaking process may be directed to Ken Hansen (801-538-3777).

H.B. 235, Technology Technical Amendments, removed a reference to the defunct Utah Technology Commission at Subsection 46-4-501(2).

Taking into account the changes made by H.B. 235, UETA Section 46-4-501 provides:

(1) A state governmental agency may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that:
(a) identify specific transactions that the agency is willing to conduct by electronic means;
(b) identify specific transactions that the agency will never conduct by electronic means;
(c) specify the manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes;
(d) if law or rule requires that the electronic records must be signed by electronic means, specify the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met, by any third party used by a person filing a document to facilitate the process;
(e) specify control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(f) identify any other required attributes for electronic records that are specified for corresponding nonelectronic records or that are reasonably necessary under the circumstances.
(2) A state governmental agency that makes rules under this section shall submit copies of those rules, and any amendments to those rules, to the chief information officer established by Section 63F-1-201.

Agencies should refer questions about UETA to their counsel in the Attorney General’s Office.

See also “Uniform Electronic Transaction Act and Rulemaking” at http://www.rules.utah.gov/rulesnews/?p=870.

• (1) R311-201-11, Environmental Quality, Environmental Response and Remediation, Underground Storage Tanks: Certification Programs and UST Operator Training, Work Performed by Licensed Engineers or Geologists; and
• (2) R311-207-9, Environmental Quality, Environmental Response and Remediation, Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks, Third Party Consultant.

The House concurred with the substitution with only minutes to spare.

The chairs stated their intention to hold H.B. 228 in the Senate until they receive communication from the Department of Environmental Quality with the “hopeful intention” that the agency responds to the concerns of the committee.  Should the department respond, the bill would proceed to reauthorize all rules.

Questions about the administrative rules reauthorization process may be directed to Ken Hansen at 801-538-3777.

The Administrative Rules Review Committee has scheduled a meeting for noon on 03/02/2011 to discuss the issue.

More information about H.B. 228 is available online at http://www.le.state.ut.us/~2011/htmdoc/hbillhtm/hb0228.htm.

state governmental agency may not accept an electronic signature unless the state governmental agency makes a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, identifying: (i) the type of documents, transactions, or other filings that will be accepted with an electronic signature affixed; and (ii) the manner and format in which the electronic signature must be affixed to the document, transaction, or other filing.

This language changes the presumption that exists in the current law which the Utah Supreme Court described as follows:

The language of section 46-4-501(1) plainly permits governmental agencies to dictate what transactions they are willing to conduct through electronic means and what transactions they are unwilling to do via electronic means. Id. § 46-4-501(1)(a) & (b).  But this subsection also requires the state agency to make this determination through the rulemaking procedures required by Title 63G. (2010 UT 47, ¶21; Emphasis added)

The Division of Administrative Rules encourages state agencies to review S.B. 55, as amended, with counsel.  More information about S.B. 55 is available from the Legislature’s web site at http://le.utah.gov/~2011/htmdoc/sbillhtm/SB0055.htm .