S.B. 1001

1

ADMINISTRATIVE RULES AMENDMENTS
2 1997 FIRST SPECIAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CHANGING THE TIME PERIOD
6 FOR THE REAUTHORIZATION OF ADMINISTRATIVE RULES BY THE GOVERNOR;
7 REAUTHORIZING RULES OF STATE AGENCIES; LISTING THOSE RULES NOT TO BE
8 REAUTHORIZED; AND PROVIDING RETROSPECTIVE OPERATION.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 63-46a-11.5, as last amended by Chapter 33, Laws of Utah 1997
12 This act enacts uncodified material.
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 63-46a-11.5 is amended to read:
15 63-46a-11.5. Legislative reauthorization of agency rules -- Extension of rules by
16 governor.
17 (1) All grants of rulemaking power from the Legislature to a state agency in any statute
18 are made subject to the provisions of this section.
19 (2) (a) Except as provided in Subsection (b), every agency rule that is in effect on January
20 1 of any calendar year expires on May 1 of that year unless it has been reauthorized by the
21 Legislature [during its annual general session].
22 (b) Notwithstanding the provisions of Subsection (1)(a), an agency's rules do not expire
23 if:
24 (i) the rule is explicitly mandated by a federal law or regulation; or
25 (ii) a provision of Utah's constitution vests the agency with specific constitutional
26 authority to regulate.
27 (3) (a) Prior to January 1 of each year, the Administrative Rules Review Committee shall

1 have omnibus legislation prepared for consideration by the Legislature during its annual general
2 session.
3 (b) The omnibus legislation shall be substantially in the following form: "All rules of Utah
4 state agencies are reauthorized except for the following:".
5 (c) Before sending the legislation to the governor for his action, the Administrative Rules
6 Review Committee may send a letter to the governor and to the agency explaining specifically why
7 the committee believes any rule should not be reauthorized.
8 (4) The Legislature's reauthorization of a rule by legislation does not constitute legislative
9 approval of the rule, nor is it admissible in any proceeding as evidence of legislative intent.
10 (5) (a) If an agency believes that a rule that has not been reauthorized by the Legislature
11 or that will be allowed to expire should continue in full force and effect and is a rule within their
12 authorized rulemaking power, the agency may seek the governor's declaration extending the rule
13 beyond the expiration date.
14 (b) In seeking the extension, the agency shall submit a petition to the governor that
15 affirmatively states:
16 (i) that the rule is necessary; and
17 (ii) a citation to the source of its authority to make the rule.
18 (c) (i) If the governor finds that the necessity does exist, and that the agency has the
19 authority to make the rule, he may declare the rule to be extended by publishing that declaration
20 in the Administrative Rules Bulletin on or before April 15 of that year.
21 (ii) The declaration shall set forth the rule to be extended, the reasons the extension is
22 necessary, and a citation to the source of the agency's authority to make the rule.
23 (d) If the omnibus bill required by Subsection (3) fails to pass both houses of the
24 Legislature or is found to have a technical legal defect preventing reauthorization of administrative
25 rules intended to be reauthorized by the Legislature, the governor may declare all rules to be
26 extended by publishing a single declaration in the Administrative Rules Bulletin h [ [ ]on or before
27 April 15 [ ] ] h without meeting requirements of Subsections (b) and (c).
28 Section 2. Purpose.
29 (1) Article VI, Section I, of the Utah Constitution grants the power to legislate to the Utah
30 Legislature. Because, in some cases, the Legislature does not completely address the details of
31 each legislative enactment it passes, it delegates a portion of its lawmaking power to state agencies

lilac-June 18, 1997

- 2 -

1 by granting them the power to enact administrative rules. The Legislature, by enacting Section
2 63-46a-11.5, reserved to itself some power over rules by providing that all rules of the state expire
3 unless reauthorized by the Legislature.
4 (2) The Legislature further recognizes that the reauthorization of most state administrative
5 rules each year is necessary to allow state government to continue without disruption.
6 (3) Due to a technical oversight during the 1997 Annual General Session, the Legislature,
7 despite its expressed intent to do so, failed to reauthorize administrative rules before their statutory
8 expiration date. The purpose of this act is to correct that oversight by retrospectively reauthorizing
9 state administrative rules so that administrative rules are properly reauthorized in accordance with
10 Section 63-46a-11.5 and continue in force with uninterrupted authority.
11 Section 3. Rules reauthorized -- Exceptions.
12 All rules of Utah state agencies are reauthorized except for the following:
13 (1) R277-608-3. Education; Administration; Prohibition of Corporal Punishment in Utah's
14 Public Schools; Prohibition.
15 (2) R966-1-1. Treasurer; Unclaimed Property; Requirements for Claims where no Proof
16 of Stock Ownership Exists; Authority and Purpose.
17 Section 4. Retrospective operation.
18 This act has retrospective operation to May 1, 1997.
a S IF APPROVED BY TWO-THIRDS OF ALL THE MEMBERS ELECTED TO EACH HOUSE, THIS ACT
b TAKES EFFECT UPON APPROVAL BY THE GOVERNOR, OR THE DAY FOLLOWING THE
c CONSTITUTIONAL TIME LIMIT OF UTAH CONSTITUTION ARTICLE VII, SECTION 8, WITHOUT THE
d GOVERNOR'S SIGNATURE, OR IN THE CASE OF A VETO, THE DATE OF VETO OVERRIDE. s




Legislative Review Note
as of 6-18-97 9:50 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 3 -


Text Box

Amend on 2_goldenrod June 18, 1997