Tag Archives: Executive Documents

Governor Issues Report and Executive Order

Posted by on December 21, 2011 Comments Off
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.

S.B. 32 Passed

Posted by on February 7, 2007 Comments Off

S.B. 32, amending Section 63-5a-7 to make it consistent with changes made to the Utah Administrative Rulemaking Act in 1987, has passed. It provides that “[a]ll orders, rules, and regulations promulgated by the governor … have the full force and effect of law during the state of emergency, when a copy of the order, rule, or regulation is filed with … the Division of Administrative Rules.” Existing statutory language already provided that “The governor may suspend the provisions of any order, rule, or regulation of any state agency, if the strict compliance with the provisions of the order, rule, or regulation would substantially prevent, hinder, or delay necessary action in coping with the emergency or disaster.”

Pending the Governor’s signature, S.B. 32 will go into effect on April 30, 2007. More information about S.B. 32 is available on the Legislature’s web site at http://le.utah.gov/~2007/htmdoc/sbillhtm/sb0032.htm.

Legislation Affecting Administrative Rulemaking

Posted by on January 23, 2007 Comments Off

As of January 19, 2007, the following bills have been filed that affect administrative rules generally.

H.B. 64. Impact of Administrative Rules on Small Businesses. Rep. S. Clark.

Rep. S. Clark is sponsoring “Impact of Administrative Rules on Small Businesses.” As introduced, this bill is identical to S.B. 157 (2006) and H.B. 209 (2005) as amended. The bill defines small business (employing fewer than 50 persons) and requires that agencies report anticipated cost or savings to small businesses and business in general as part of the rule analysis.

At the Division of Administrative Rules’ request, Rep. Clark moved an amendment with two changes on the House floor. The first, affecting line 122, replaced “other persons” in existing language with “persons other than small businesses, businesses, and local governments”. This is intended to clarify that agencies do not have to address these areas twice on the rule analysis form.

The second change added an effective date to the bill of July 1, 2007. This is intended to give the Division some additional time in implementing the provisions of the bill.

Additionally, Rep. R. Becker made a floor amendment to change line 121 removing “business in general” from the items on which agencies needed to comment separately. The amendment passed.

The bill passed the House and is now in the Senate for consideration. More information about H.B. 64 is available at http://www.le.state.ut.us/~2007/htmdoc/hbillhtm/hb0064.htm.

S.B. 32. Filings of Administrative Rules, Orders, and Regulations. Sen. H. Stephenson.

This bill, an Administrative Rules Review Committee bill, amends Section 63-5a-7 changing the location at which an order, rule, or regulation must be filed for those documents to have effect during an emergency. The current law requires that these documents be filed with the Division of Archives. The bill changes the filing venue to the Division of Administrative Rules. This bill makes Section 63-5a-7 consistent with changes made to the Utah Administrative Rulemaking Act in 1987. The Division of Administrative Rules requested this bill after consultation with the Department of Public Safety. More information about S.B. 32 is available at http://www.le.state.ut.us/~2007/htmdoc/sbillhtm/sb0032.htm.

S.B. 122. Administrative Rules Reauthorization. Sen. H. Stephenson.

S.B. 122 is the Administrative Rules Review Committee’s annual bill required by Section 63-46a-11.5. The bill, as introduced, reauthorizes all administrative rules. More information about S.B. 122 is available at http://www.le.state.ut.us/~2007/htmdoc/sbillhtm/sb0122.htm.

S.B. 138. Administrative Rule Criminal Penalty Amendments. Sen. H. Stephenson.

The “Administrative Rule Criminal Penalty Amendments” bill is substantially similar to Substitute H.B. 317 (2006). The bill amends sections throughout the Utah Code that currently prescribe a criminal penalty for the violation of a rule. The bill affects the following sections: Sections 4-38-7, 9-4-612, 32A-12-104, 40-6-12, 40-8-9, 41-3-210, 41-3-701, 41-3-702, 41-6a-1115, 51-7-22.4, 53-7-226, 59-14-212, 63C-9-301, 65A-3-1, 76-10-1233, and 76-10-1234. More information about S.B. 138 is available at http://www.le.state.ut.us/~2007/htmdoc/sbillhtm/sb0138.htm.

Additional Information

Questions about these bills may be directed to Ken Hansen (801-538-3777).

S.B. 32 Passes Senate, Moves to House

Posted by on January 18, 2007 Comments Off

S.B. 32, an Administrative Rules Review Committee bill than makes a technical correction to Section 63-5a-7, passed the Senate. It has been introduced in the House and is now in the Rules Committee awaiting committee assignment.

Bills Approved by Administrative Rules Review Committee

Posted by on December 20, 2006 Comments Off

In its December 20, 2006, meeting, the Administrative Rules Review Committee approved two bills as committee bills. These are the “Administrative Rule Criminal Penalty Amendments” and the “Filings of Administrative Rules, Orders, and Regulations” bills.

The “Administrative Rule Criminal Penalty Amendments” will be substantially similar to Substitute H.B. 317 (2006). The bill amends sections throughout the Utah Code that prescribed a criminal penalty for the violation of a rule. A few items have been added. Provisions affecting the Capitol Preservation Board have also been added. Those provisions have replaced the criminal penalties with civil penalties. Sponsorship of this bill is yet to be decided.

The “Filings of Administrative Rules, Orders, and Regulations” has been numbered as S.B. 32. Sen. Stephenson is sponsoring the bill. This bill amends Section 63-5a-7 changing the location at which an order, rule, or regulation must be filed for those documents to have affect during an emergency from the Division of Archives to the Division of Administrative Rules. This bill makes Section 63-5a-7 consistent with changes make to the Utah Administrative Rulemaking Act in 1987.

Questions about these bills may be directed to Ken Hansen (801-538-3777).

Legislation Regarding “Filings of Administrative Rules, Orders, and Regulations”

Posted by on December 18, 2006 Comments Off

The Administrative Rules Review Committee is considering another piece of legislation that affects rulemaking. After coordinating with the Department of Public Safety, the Division of Administrative Rules has requested a small amendment to Section 63-5a-7, entitled “Orders, rules, and regulations having force of law — Filing requirements — Suspension of state agency rules.” The bill will delete a reference to “Archives” and replace it with a reference to “Administrative Rules”.

In 1984, when this section was last substantively amended, the Division of Archives was responsible for the rulemaking process. That was changed in 1987 (Chapter 241, Laws of Utah 1987, effective April 27, 1987). However, Section 63-5a-7 was never coordinated with the changes made to the Utah Administrative Rulemaking Act. This bill will bring Section 63-5a-7 into harmony with Title 63, Chapter 46a.

The Administrative Rules Review Committee will discuss this bill at its meeting scheduled for December 20, 2006, at 9:00 AM in Room W135 of the House Building on Capitol Hill. Questions about the bill may be referred to Ken Hansen (801-538-3777).