H.B. 182 Enrolled

ADMINISTRATIVE RULES REVIEW
COMMITTEE AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David Ure
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; INCREASING THE SIZE OF THE
ADMINISTRATIVE RULES REVIEW COMMITTEE TO TEN MEMBERS; AND
CHANGING THE REQUIREMENT FOR NOTIFICATION TO THE GOVERNOR AND
THE AGENCY WHEN A RULE IS PASSED ON THE SUNSET LEGISLATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-46a-11, as last amended by Chapter 5, Laws of Utah 1992
63-46a-11.5, as enacted by Chapter 231, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-46a-11 is amended to read:
63-46a-11. Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of [six] ten permanent
members and four ex officio members.
(b) (i) The committee's permanent members shall be composed of [three] five members
of the Senate, appointed by the president of the Senate, and [three] five members of the House,
appointed by the speaker of the House, with no more than [two] three senators and [two] three
representatives from the same political party.
(ii) The permanent members shall convene as a committee to review new agency rules,
amendments to existing agency rules, and repeals of existing agency rules.
(iii) Members shall serve for two-year terms or until their successors are appointed.
(iv) A vacancy exists whenever a committee member ceases to be a member of the
Legislature, or when a member resigns from the committee. Vacancies shall be filled by the
appointing authority, and the replacement shall serve out the unexpired term.
(c) When the committee reviews existing rules, the committee's permanent members shall

invite the Senate and House chairmen of the standing committee and the Senate and House chairmen
of the appropriation subcommittee that have jurisdiction over the agency whose existing rules are
being reviewed to participate as nonvoting, ex officio members with the committee.
(d) [Two] Three representatives and [two] three senators from the permanent members are
a quorum for the transaction of business at any meeting.
(2) Each agency rule as defined in Section 63-46a-2 shall be submitted to the committee at
the same time public notice is given under Section 63-46a-4.
(3) (a) The committee shall exercise continuous oversight of the process of rulemaking.
(b) The committee shall examine rules submitted by each agency to determine:
(i) whether or not they are authorized by statute;
(ii) whether or not they comply with legislative intent;
(iii) their impact on the economy and the government operations of the state and local
political subdivisions; and
(iv) their impact on affected persons.
(c) To carry out these duties, the committee may examine any other issues that it considers
necessary. The committee may also notify and refer rules to the chairmen of the interim committee
which has jurisdiction over a particular agency when the committee determines that an issue
involved in an agency's rules may be more appropriately addressed by that committee.
(d) In reviewing the rules, the committee shall follow generally accepted principles of
statutory construction.
(4) The committee may request that the Office of the Legislative Fiscal Analyst prepare a
fiscal note on any rule.
(5) In order to accomplish its oversight functions, the committee has all the powers granted
to legislative interim committees as set forth in Section 36-12-11.
(6) (a) The committee may prepare written findings of its review of each rule and may
include any recommendations, including legislative action.
(b) The committee shall provide to the agency that enacted the rule:
(i) a copy of its findings, if any; and

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(ii) a request that the agency notify the committee of any changes it makes in the rule.
(c) The committee shall provide a copy of its findings to any member of the Legislature and
to any person affected by the rule who requests a copy.
(d) The committee shall provide a copy of its findings to the presiding officers of both the
House and the Senate, Senate and House chairmen of the standing committee, and the Senate and
House chairmen of the Appropriation Subcommittee that have jurisdiction over the agency whose
rules are the subject of the findings.
(7) (a) The committee may submit a report on its review of state agency rules to each
member of the Legislature at each regular session.
(b) The report shall include:
(i) the findings and recommendations made by the committee under Subsection (6);
(ii) any action taken by an agency in response to committee recommendations; and
(iii) any recommendations by the committee for legislation.
Section 2. Section 63-46a-11.5 is amended to read:
63-46a-11.5. Legislative reauthorization of agency rules -- Extension of rules by
governor.
(1) All grants of rulemaking power from the Legislature to a state agency in any statute are
made subject to the provisions of this section.
(2) (a) Except as provided in Subsection (b), every agency rule that is in effect on January
1 of any calendar year expires on May 1 of that year unless it has been reauthorized by the
Legislature during its annual general session.
(b) Notwithstanding the provisions of Subsection (1) (a), an agency's rules do not expire if:
(i) the rule is explicitly mandated by a federal law or regulation; or
(ii) a provision of Utah's constitution vests the agency with specific constitutional authority
to regulate.
(3) (a) Prior to January 1 of each year, the Administrative Rules Review Committee shall
have omnibus legislation prepared for consideration by the Legislature during its annual general
session.

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(b) The omnibus legislation shall be substantially in the following form: "All rules of Utah
state agencies are reauthorized except for the following:".
(c) Before sending the legislation to the governor for his action, the Administrative Rules
Review Committee [shall] may send a letter to the governor and to the agency explaining specifically
why the committee believes any rule should not be reauthorized.
(4) The Legislature's reauthorization of a rule by legislation does not constitute legislative
approval of the rule, nor is it admissible in any proceeding as evidence of legislative intent.
(5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature or
that will be allowed to expire should continue in full force and effect and is a rule within their
authorized rulemaking power, the agency may seek the governor's declaration extending the rule
beyond the expiration date.
(b) In seeking the extension, the agency shall submit a petition to the governor that
affirmatively states:
(i) that the rule is necessary; and
(ii) a citation to the source of its authority to make the rule.
(c) (i) If the governor finds that the necessity does exist, and that the agency has the authority
to make the rule, he may declare the rule to be extended by publishing that declaration in the
Administrative Rules Bulletin on or before April 15 of that year.
(ii) The declaration shall set forth the rule to be extended, the reasons the extension is
necessary, and a citation to the source of the agency's authority to make the rule.
(d) If the omnibus bill required by Subsection (3) fails to pass both houses of the Legislature,
the governor may declare all rules to be extended by publishing a single declaration in the
Administrative Rules Bulletin on or before April 15 without meeting requirements of Subsections
(b) and (c).

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