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S.B. 113 Enrolled
George Mantes
Nathan C. Tanner
AN ACT RELATING TO THE LEGISLATURE; MODIFYING THE UTAH SUNSET ACT;
REPEALING THE REQUIREMENT THAT DEPARTMENTS AND DIVISIONS ARE
SUBJECT TO SUNSET; REVISING THE AGENCIES SUBJECT TO REVIEW;
PROVIDING A DISCRETIONARY REVIEW PROCESS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-55-101, as renumbered and amended by Chapter 1, Laws of Utah 1990
63-55-102, as last amended by Chapter 13, Laws of Utah 1993
63-55-103, as last amended by Chapter 13, Laws of Utah 1993
63-55-204, as last amended by Chapter 24, Laws of Utah 1995
63-55-209, as last amended by Chapters 25 and 236, Laws of Utah 1996
63-55-219, as last amended by Chapters 13 and 283, Laws of Utah 1993
63-55-223, as last amended by Chapter 159, Laws of Utah 1996
63-55-226, as last amended by Chapters 25 and 266, Laws of Utah 1996
63-55-230, as last amended by Chapter 255, Laws of Utah 1996
63-55-231, as last amended by Chapters 2, 25 and 143, Laws of Utah 1996
63-55-241, as last amended by Chapters 2 and 25, Laws of Utah 1996
63-55-253, as last amended by Chapters 25 and 37, Laws of Utah 1996
63-55-258, as last amended by Chapters 25, 76, 96, 116, 232, 247, 248, 253 and 282,
Laws of Utah 1996
63-55-259, as last amended by Chapter 25, Laws of Utah 1996
63-55-261, as enacted by Chapter 1, Laws of Utah 1990
63-55-262 (Effective 07/01/97), as last amended by Chapters 25, 240 and 318, Laws of Utah
1996
63-55-263, as last amended by Chapters 25, 136, 159, 186 and 242, Laws of Utah 1996
63-55-264, as last amended by Chapter 224, Laws of Utah 1996
63-55-278, as last amended by Chapters 24 and 355, Laws of Utah 1995
REPEALS:
63-55-202, as last amended by Chapter 24, Laws of Utah 1995
63-55-207, as last amended by Chapter 4, Laws of Utah 1991
63-55-213, as last amended by Chapter 25, Laws of Utah 1996
63-55-227, as enacted by Chapter 1, Laws of Utah 1990
63-55-240, as last amended by Chapter 159, Laws of Utah 1996
63-55-253.5, as last amended by Chapter 24, Laws of Utah 1995
63-55-265, as last amended by Chapter 159, Laws of Utah 1996
63-55-273, as last amended by Chapter 4, Laws of Utah 1991
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-55-101 is amended to read:
63-55-101. Title.
This chapter is known as the "[
Section 2. Section 63-55-102 is amended to read:
63-55-102. Agency defined -- Periodic termination of statutes and agencies --
Legislative review.
(1) As used in this chapter, "agency" means any state authority, board, commission,
department, division, office, or other agency, and the statute [
(2) The Legislature finds that the state should not regulate any area unless the regulation is
necessary to protect the health, safety, and welfare of the public.
(3) In order to make state government more productive and responsive to the people, it is
necessary to place many of the statutes and agencies of state government under Part 2 of this chapter
on a reauthorization schedule. Any statute or agency scheduled for termination under this chapter
is terminated unless the Legislature through affirmative act reauthorizes its existence. The continued
existence of a statute or agency subject to this chapter may not be reauthorized for a period of more
than ten years.
(4) It is the purpose of this chapter to terminate any statute or agency that is not meeting a
clear public purpose, and to improve the ability of state government to meet and fulfill legitimate
public purposes.
Section 3. Section 63-55-103 is amended to read:
63-55-103. Guidelines for conduct of review.
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(1) (a) Any statute or [
interim committee at the direction of:
(i) Legislative Management Committee;
(ii) the chairs of an interim committee; or
(iii) an interim committee as approved by motion and majority vote of its membership.
(b) The review shall begin not later than one year before scheduled termination and end
before January 1 of the year in which termination is scheduled.
(2) In determining whether to reauthorize the statute or agency, the [
agency overseeing the statute or agency scheduled for termination shall clearly identify for the
interim committee the public purpose and interest for which each statute or agency was originally
created and clearly identify whether that public purpose and interest is still relevant.
(3) The interim committee shall then consider:
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areas in which the statute or agency needs to improve its ability to operate in the public interest;
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of the statute or agency, and any other circumstances including budgetary, resource, and personnel
matters that have a bearing on the capacity of the statute or agency to serve the public interest;
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of the rules established in connection with the statute or agency;
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duplicative of those offered by other statutes or state agencies;
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and their public benefit;
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(4) It is the responsibility of any agency scheduled for termination or any agency which has
oversight responsibilities for a statute scheduled for termination to seek its reauthorization with the
Legislature.
Section 4. Section 63-55-204 is amended to read:
63-55-204. Repeal dates, Title 4.
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Section 4-10-12, is repealed July 1, 2000.
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Section 5. Section 63-55-209 is amended to read:
63-55-209. Repeal dates, Title 9.
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is repealed July 1, 1999.
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1999.
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1, 2002.
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July 1, 2000, Sections 59-7-608 and 59-10-108.7 are repealed for tax years beginning on or after
January 1, 2001.
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1, 1999.
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Section 6. Section 63-55-219 is amended to read:
63-55-219. Repeal dates, Title 19.
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1, 1999.
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(2) Title 19, Chapter 3, Radiation Control Act, is repealed July 1, 2002.
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(5) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1, 1999.
(6) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July 1,
2000.
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(8) Title 19, Chapter 6, Part 6, Lead Acid Disposal, is repealed July 1, 2001.
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Section 7. Section 63-55-223 is amended to read:
63-55-223. Repeal dates, Title 23.
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to forage, fences, and irrigation equipment on private lands, is repealed July 1, 1997.
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1, 1997.
Section 8. Section 63-55-226 is amended to read:
63-55-226. Repeal dates, Title 26.
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Department of Health Organization, is repealed July 1, 2001.
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Examiner Act, is repealed July 1, 2000.
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Health Services, is repealed July 1, 2000.
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(5) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
Committee, is repealed at the end of the 1997 taxable year.
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Waste Tire Recycling Act, is repealed July 1, 2000.
(7) Title 26, Chapter 33a, Utah Authority Act, is repealed July 1, 1999.
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Section 9. Section 63-55-230 is amended to read:
63-55-230. Repeal dates, Title 30.
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1, 1997.
Section 10. Section 63-55-231 is amended to read:
63-55-231. Repeal dates, Title 31A.
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with the 1999 taxable year and shall be reviewed by July 1, 1998.
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repealed July 1, 1999.
Section 11. Section 63-55-241 is amended to read:
63-55-241. Repeal dates, Title 41.
The following provisions of Title 41 are repealed on the following dates:
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Program, is repealed July 1, 1998.
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IV of Section 41-23-2, is repealed July 1, 2002.
Section 12. Section 63-55-253 is amended to read:
63-55-253. Repeal dates, Titles 53A, 53B.
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1, 2001.
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provision for funding that program contained in Subsection 17-5-214(3)(b), is repealed July 1, 1997.
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1997.
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Section 13. Section 63-55-258 is amended to read:
63-55-258. Repeal dates, Title 58.
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2006.
(b) Title 58, Chapter 13, [
repealed July 1, 2006.
(c) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2002.
(d) Title 58, Chapter 73, Chiropractic Physician Practice Act, is repealed July 1, 2006.
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2003.
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is repealed July 1, 2005.
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1, 2002.
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1997.
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is repealed July 1, 1999.
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2005.
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July 1, 2003.
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1998.
(25) Title 58, Chapter 58, Preneed Funeral Arrangement Act, is repealed July 1, 2001.
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1, 2002.
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1, 2005.
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2006.
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1, 2006.
Section 14. Section 63-55-259 is amended to read:
63-55-259. Repeal dates, Title 59.
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1, 2005.
Section 15. Section 63-55-261 is amended to read:
63-55-261. Repeal dates, Title 61.
The following provisions of Title 61 are repealed on the following dates:
(1) Chapter 1, [
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Section 16. Section 63-55-262 (Effective 07/01/97) is amended to read:
63-55-262 (Effective 07/01/97). Repeal dates, Title 62A.
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Section 17. Section 63-55-263 is amended to read:
63-55-263. Repeal dates, Titles 63, 63A, and 63C.
(1) Sections 63A-4-204 and 63A-4-205, authorizing the Risk Management Fund to provide
coverage to nonstate entities, are repealed July 1, 2001.
(2) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
repealed July 1, 2002.
(b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2002.
(3) The Resource Development Coordinating Committee, created in Section 63-28a-2, is
repealed July 1, 2004.
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July 1, 1997.
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and Youth At Risk Act, is repealed on July 1, 2001.
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July 1, 2001.
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in Section 63C-5-102 is repealed June 30, 1998.
Section 18. Section 63-55-264 is amended to read:
63-55-264. Repeal dates, Title 64.
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sex offender treatment, ongoing assessment, and objective diagnostic testing, are repealed July 1,
1999.
Section 19. Section 63-55-278 is amended to read:
63-55-278. Repeal dates, Title 78.
(1) The Office of the Court Administrator, created in Section 78-3-23, is repealed July 1,
2002.
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78-3g-103, is repealed April 1, 1997.
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July 1, 1997.
Section 20. Repealer.
This act repeals:
Section 63-55-202, Repeal dates, Title 2.
Section 63-55-207, Repeal dates, Title 7.
Section 63-55-213, Repeal dates, Title 13.
Section 63-55-227, Repeal dates, Title 27.
Section 63-55-240, Repeal dates, Title 36.
Section 63-55-253.5, Repeal dates, Title 53.
Section 63-55-265, Repeal dates, Title 65A.
Section 63-55-273, Repeal dates, Title 73.
Section 21. Effective date.
This act takes effect on July 1, 1997.
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