RulesNews

The House amended H.B. 197 expanding the exception list of the Rules Reauthorization bill.  Now, in addition to rules from Education and the Board of Regents, an Insurance rule — Rule R592-13 — will not be reauthorized.  Rule R592-13 is the Title and Escrow Commission rule governing “Minimum Charges for Escrow Services.”

The House of Representatives passed S.B. 88, “Administrative Rulemaking Act Amendments.”  S.B. 88 amends Subsection 63G-3-301(13) .  In response to legislation that specifically requires rulemaking, an agency may provide a copy of an existing rule that meets the requirement to the Administrative Rules Review Committee instead of appearing before the committee.

More information about S.B. 88 is available on the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/sbillhtm/sb0088.htm.

Rep. Ben Ferry’s “Reauthorization of Administrative Rules” bill has been numbered as H.B. 197.  Information about the bill was posted earlier at http://www.rules.utah.gov/rulesnews/?p=330.

Sen. Howard Stephenson’s “Administrative Rules Review Committee” bill has been numbered as S.B. 64.  Information about the bill was posted earlier at http://www.rules.utah.gov/rulesnews/?p=336.

Rep. Ben Ferry is sponsoring H.B. 32, Amendments to Agency Rulemaking Regarding Criminal Penalties.  After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend provisions in statute that apply a criminal penalty for violation of a rule.

H.B. 32 affects statutes for the following departments:

• Commerce (Title 61);
• Health (Title 26);
• Insurance (Title 31A);
• Labor Commission (Titles 34 and 34A);
• Natural Resources (Title 23); and
• Public Service Commission (Title 54).

A House amendment approved in committee inserted changes in the Rulemaking Act in Subsection 63G-3-201(5).  These changes, starting on line 632y, provide that a “violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except” in enumerated circumstances.  Three additional House floor amendments have been prepared and are posted on the Legislature’s web site.

Additional information about H.B. 32 is available from the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/HB0032.htm .

Sen. Howard Stephenson is sponsoring S.B. 88, Administrative Rulemaking Act Amendments.  The bill amends Subsection 63G-3-301(13) of the Utah Administrative Rulemaking Act.  The bill “requires that, when a statute is enacted that requires agency rulemaking and the affected agency already has rules in place that meet the statutory requirement, the agency shall submit the rules to the Administrative Rules Review Committee within 60 days after the statute takes effect.” (S.B. 88 highlighted provisions.) The current language requires the agency to appear, whether or not the agency has a rule in place, if the agency will not initiate rulemaking explicitly mandated by a bill within 180-days of the bill’s effective date.

S.B. 88 passed the Senate on February 3.