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S.B. 1001 Enrolled

    

ADMINISTRATIVE RULES AMENDMENTS

    
1997 FIRST SPECIAL SESSION

    
STATE OF UTAH

    
Sponsor: LeRay McAllister

    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CHANGING THE TIME PERIOD
    FOR THE REAUTHORIZATION OF ADMINISTRATIVE RULES BY THE
    GOVERNOR; REAUTHORIZING RULES OF STATE AGENCIES; LISTING THOSE
    RULES NOT TO BE REAUTHORIZED; PROVIDING RETROSPECTIVE
    OPERATION; AND PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         63-46a-11.5, as last amended by Chapter 33, Laws of Utah 1997
    This act enacts uncodified material.
    Be it enacted by the Legislature of the state of Utah:
        Section 1. 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.
        (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 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
    or is found to have a technical legal defect preventing reauthorization of administrative rules
    intended to be reauthorized by 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] June 15
    without meeting requirements of Subsections (b) and (c).
        Section 2. Purpose.
        (1) Article VI, Section I, of the Utah Constitution grants the power to legislate to the Utah

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    Legislature. Because, in some cases, the Legislature does not completely address the details of each
    legislative enactment it passes, it delegates a portion of its lawmaking power to state agencies by
    granting them the power to enact administrative rules. The Legislature, by enacting Section
    63-46a-11.5, reserved to itself some power over rules by providing that all rules of the state expire
    unless reauthorized by the Legislature.
        (2) The Legislature further recognizes that the reauthorization of most state administrative
    rules each year is necessary to allow state government to continue without disruption.
        (3) Due to a technical oversight during the 1997 Annual General Session, the Legislature,
    despite its expressed intent to do so, failed to reauthorize administrative rules before their statutory
    expiration date. The purpose of this act is to correct that oversight by retrospectively reauthorizing
    state administrative rules so that administrative rules are properly reauthorized in accordance with
    Section 63-46a-11.5 and continue in force with uninterrupted authority.
        Section 3. Rules reauthorized -- Exceptions.
        All rules of Utah state agencies are reauthorized except for the following:
        (1) R277-608-3. Education; Administration; Prohibition of Corporal Punishment in Utah's
    Public Schools; Prohibition.
        (2) R966-1-1. Treasurer; Unclaimed Property; Requirements for Claims where no Proof of
    Stock Ownership Exists; Authority and Purpose.
        Section 4. Retrospective operation.
        This act has retrospective operation to May 1, 1997.
        Section 5. Effective date.
        If approved by two-thirds of all the members elected to each house, this act takes effect upon
    approval by the governor, or the day following the constitutional time limit of Utah Constitution
    Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
    override.

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