Tag Archives: S.B. 107 (2013)

Deadlines for Rules Specifically Required by 2013 Legislation

Of the 524 bills and resolutions passed during the 2013 General Session, 478 bills have or will become law.  The Utah Administrative Rulemaking Act, at Subsection 63G-3-301(13), requires agencies to file administrative rules mandated by legislation within 180 days of the bill’s effective date.

On 05/14/2013, 392 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 11/10/2013.  Another 45 bills take effect on 07/01/2013, for which required rules must be filed by 12/28/2013.  Please note that 41 bills provided for an effective date other than 05/14/2013 or 07/01/2013 — some effective prior to 05/14/2013, and others effective after 07/01/2013.  Rules required by these bills are due 180-days from the effective date of the respective bill.

For example, S.B. 107, Public Shooting Ranges, effective 03/26/2013, provides:

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. (Chapter 155, Laws of Utah 2013)

Rules to implement S.B. 107 must be filed with the Division by 09/22/2013 to meet the statutory deadline.

The Division encourages agency rulewriters to work with their department’s administrative rules coordinator to determine which of the 478 bills that passed direct your agency to engage in rulemaking.  Statute provides that if an agency is unable to meet the 180-day deadline, the agency must 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).

Governor Signs Rules Reauthorization and Public Shooting Ranges Bills

Governor Herbert has signed the following bills that affect administrative rulemaking:

  • 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).

Legislation Affecting Administrative Rulemaking

During the 2013 General Session, the Legislature has passed the following bills that affect rulemaking.

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).

2nd Substitute S.B. 107 (2013) Contains General Rulemaking Requirement for Agencies that Operate or Control a Shooting Range

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 .