Members Present:

Sen. Howard A. Stephenson, Senate Chair

Rep. Curtis Oda, House Chair

Sen. Gene Davis

Sen. Brent H. Goodfellow

Sen. Mark B. Madsen

Rep. James R. Gowans

Rep. Rebecca D. Lockhart

Rep. Carol Spackman Moss

Rep. Merlynn T. Newbold

Members Excused:

Pres. Michael G. Waddoups

Staff Present:

Mr. Arthur L. Hunsaker, Policy Analyst

Ms. Susan Creager Allred, Associate General Counsel

Ms. Tracey Fredman, Legislative Secretary

Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at www.le.utah.gov.

MOTION: Sen. Davis moved to approve the minutes of the December 21, 2009 meeting. The motion passed unanimously. Sen. Madsen was absent for the vote.

2. 2010 General Session draft legislation, "Department of Human Services - Review and Oversight"

Rep. Lockhart discussed changes made to the draft legislation since the prior committee review of the bill.

Mr. Thomas Vaughn, Associate General Counsel, Office of Legislative Research and General Counsel, responded to committee members' questions.

MOTION: Rep. Lockhart moved to recommend 2010 General Session draft legislation, "Department of Human Services - Review and Oversight" as a committee bill. The motion passed unanimously. Sen. Madsen was absent for the vote.

3. 2010 General Session draft legislation, "Administrative Rules Reauthorization"

MOTION: Sen. Davis moved to recommend 2010 General Session draft legislation, "Administrative Rules Reauthorization," as a committee bill. The motion passed unanimously. Sen. Madsen was absent for the vote.

Mr. Hunsaker distributed and reviewed updated versions of "Use of 'Liberally Construed' in Utah Statute" and "Use of 'Liberally Construed' in Utah State Administrative Rules."

The committee discussed how to most effectively continue study of the topic to determine whether adequate direction has been provided by the Legislature concerning the use of "liberally construed" in both statute and administrative rule.

MOTION: Sen. Madsen moved that the committee direct staff to send a letter to the interim committees who have oversight of agencies that administer or enforce Utah Code or administrative rule provisions containing the phrase "liberally construed." The letter should describe the committee's concerns with the nonadjudicative use of the phrase and request that by November 2010, the committees review each use of the phrase in their area of oversight and recommend to the Administrative Rules Review Committee whether the phrase should be repealed. The motion passed unanimously.

Mr. Gale Lemmon, Assistant Attorney General, said the Legislature and the agencies included the term "liberally construed" in statute and rule to provide discretion to achieve the purposes of the statutes or rules and that there is a check system in which the courts may determine if there was an abuse of discretion.