H.B. 63 (2008) and H.B. 11 (2009) recodified the statutes that formerly appeared under Title 63. H.B. 78 (2008) recodified the statutes that formerly appeared under Title 78. Each agency is responsible for correcting its rules that reference these statutes. An agency may file a nonsubstantive change to correct each rule affected.
Based on the rules in effect on January 1, 2010, there are 150 references to statutes in Title 63 and Title 78 that no longer exist.
On May 29, 2008, Legislative Research and General Counsel notified the Division of Administrative Rules of corrections to 13 citations that had been included in the original Title 63 Recodification Correlation Table. The following sections were affected:
The Division of Administrative Rules has posted a corrected copy of the Correlation Table to its web site — http://www.rules.utah.gov/law/2008Title63RecodificationCorrelation.pdf. A similar list is also available from the Legislature’s web site — http://le.utah.gov/lrgc/recodification.htm.
H.B. 63, “Recodification of Title 63 State Affairs in General”, renumbered 781 sections of statute from Title 63. On April 8, Legislative Research and General Counsel provided a correlation table listing each old citation and the corresponding new citation. This list will be especially useful as agency rulewriters prepare nonsubstantive changes to correct Title 63 references within their agency’s rules.
The Division of Administrative Rules has posted a copy of this table to its web site — http://www.rules.utah.gov/law/2008Title63RecodificationCorrelation.pdf. A similar list is also available from the Legislature’s web site — http://le.utah.gov/lrgc/recodification.htm.
H.B. 63 recodifies almost all of Title 63. The affected chapters are reassigned to new titles ranging from 63G to 63M. H.B. 63 goes into effect on May 5, 2008.
Last summer, the Division informed agencies that H.B. 63 would have a major impact on rules. A review of the rules in effect on January 1, 2008, indicates that 471 administrative rules reference Title 63. Each agency is responsible for correcting citations in its rules. To correct the citations, agencies may file nonsubstantive changes. The nonsubstantive changes should be filed before May 1 so that they can go into effect on May 5, 2008 — at the same time the bill goes into effect.
The Division has prepared a list of the rules in effect on January 1, 2008, that, to the best of our knowledge, are affected by H.B. 63. Each agency should review its rules, taking into account changes made effective since January 1, to ensure that all references are updated. The list is available in PDF format at http://www.rules.utah.gov/law/2008Title63ListofAffectedRules.pdf.
About six months ago, the Division of Administrative Rules first learned of plans to recodify Title 63 — the Title of the Utah Code that contains the Utah Administrative Rulemaking Act, the Utah Administrative Procedures Act, and the Government Records Access and Management Act, to name a few. The recodification bill has finally been numbered as H.B. 63.
H.B. 63 is 2,981 pages long. That equates to about six reams of paper, or one cubic foot.
As reported earlier, H.B. 63 will require agencies throughout state government to correct references to statutes within Title 63. In all, about 430 administrative rules will require changes. The Division will identify rules requiring changes and notify the respective agencies as soon as the bill passes both houses.
Information about H.B. 63 is available on the Legislature’s web site at http://le.utah.gov/~2008/htmdoc/hbillhtm/hb0063.htm.
A draft version of the bill that will recodify Title 63 is now available. It was presented to the Government Operations Interim Committee on October 17. The bill text is available at http://le.utah.gov/interim/2007/html/00001745.htm. Do not plan to print this bill. It is 3,097 pages long — over 6 reams of paper. Audio of the committee presentation is available at http://le.utah.gov/ASP/Interim/Commit.asp?Year=2007&Com=INTGOC.
The Legislature is planning to recodify Title 63, State Affairs in General, during the 2008 General Session. The recodification will have an associated impact on the rules from almost every department.
An analysis of the administrative rules in effect on 05/01/2007 shows that agencies will have to change 1,261 references to Title 63 that currently appear in rule. With the recodification and the corresponding change required in the administrative code, the Division expects that agencies will submit more than 1,700 rule filings during FY 2008.
At its July 18 meeting, the Government Operations Interim Committee discussed recodification of Utah Code Title 63. Title 63, State Affairs in General, is the title that contains the Utah Administrative Rulemaking Act, the Administrative Procedures Act, and the Government Records Access and Management Act, to name a few. The proposal calls for these chapters to be moved to a new Title 63G. Other chapters will be moved to other titles.
Staff from Legislative Research and General Counsel indicated that the recodification was needed because Title 63 is running out of available chapter numbers.
Staff expects the bill to exceed 1,500 pages. The bill will include almost all of the chapters from Title 63 as well as all sections from elsewhere in the Utah Code that refer to these titles. Staff indicated that the Utah Code contains 639 references to the Utah Administrative Rulemaking Act alone. Staff anticipates that the bill will only address the recodification and related reference changes. Staff does not plan to make any changes to statutory text other than the references or the most minor technical corrections.
This legislation is significant to all regulatory agencies. Agencies that reference statutes currently within Title 63 will have to file nonsubstantive changes to update the references. The May 1, 2007, edition of the Utah Administrative Code contains over 1,313 references to Title 63.
The Government Operations Interim Committee minutes and meeting audio are available at http://le.utah.gov/asp/interim/Commit.asp?Year=2007&Com=INTGOC. Questions about the recodification as it relates to the Rulemaking Act may be referred to Ken Hansen (801-538-3777).