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MINUTES OF THE
HOUSE GOVERNMENT OPERATIONS STANDING COMMITTEE
ROOM 20, HOUSE OFFICE BUILDING, STATE CAPITOL COMPLEX
January 27, 2009


MEMBERS PRESENT:    Rep. Craig Frank, Chair
        Rep. Keith Grover, Vice Chair
        Rep. Douglas C. Aagard
        Rep. Jim Bird
        Rep. Ben Ferry
        Rep. Neil A. Hansen
        Rep. Neal B. Hendrickson
        Rep. John Mathis
        Rep. Larry B. Wiley                    
        
MEMBERS ABSENT:    Rep. Ron Bigelow
        
STAFF PRESENT:    Benjamin N. Christensen, Policy Analyst
        Sylvia Newton, Committee Secretary

Note:    A list of visitors and copy of handouts are filed with committee minutes.

Rep. Grover called the meeting to order at 8:42 a.m.

Ben Christensen, policy analyst, provided a handout that explains the issues that may be discussed by the committee and the agencies of which the committee has oversight.

H.B. 32    Amendments to Agency Rulemaking Regarding Criminal Penalties (Rep. B. Ferry)

Rep. Ferry explained the bill to the committee.

MOTION:    Rep. Ferry moved to amend the bill as follows:

1.    Page 2, Line 38 :    

             38          61-1-24, as last amended by Laws of Utah 1991, Chapter 161
  63G-3-201, as renumbered and amended by Laws of Utah 2008, Chapter 382      


2.    Page 21, Line 632 :    

             632          (2) a violation of any rule of the Board of Parks and Recreation is an infraction.
      Section 14. Section 63G-3-201 is amended to read:      

     63G-3-201 .   When rulemaking is required.
     (1) Each agency shall:
     (a) maintain a current version of its rules; and
     (b) make it available to the public for inspection during its regular business hours.


     (2) In addition to other rulemaking required by law, each agency shall make rules when agency action:
     (a) authorizes, requires, or prohibits an action;
     (b) provides or prohibits a material benefit;
     (c) applies to a class of persons or another agency; and
     (d) is explicitly or implicitly authorized by statute.
     (3) Rulemaking is also required when an agency issues a written interpretation of a state or federal legal mandate.
     (4) Rulemaking is not required when:
     (a) agency action applies only to internal agency management, inmates or residents of a state correctional, diagnostic, or detention facility, persons under state legal custody, patients admitted to a state hospital, members of the state retirement system, or students enrolled in a state education institution;
     (b) a standardized agency manual applies only to internal fiscal or administrative details of governmental entities supervised under statute;
     (c) an agency issues policy or other statements that are advisory, informative, or descriptive, and do not conform to the requirements of Subsections (2) and (3); or
     (d) an agency makes nonsubstantive changes in a rule, except that the agency shall file all nonsubstantive changes in a rule with the division.
     (5) A rule shall enumerate any penalty authorized by statute that may result from its violation
  , subject to Subsections (5)(b) and (c)       .

    
  (b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c).

    (c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when:
    (i) a federal law or regulation requires that the criminal penalty be established by rule; or
    (ii) state law or a federal law or regulation imposes a deadline for enacting a provision in order for the state to retain primacy over a federal program and the deadline cannot be met prior to the next general legislative session.  

     (6) Each agency shall enact rules incorporating the principles of law not already in its rules that are established by final adjudicative decisions within 120 days after the decision is announced in its cases.
     (7) (a) Each agency may enact a rule that incorporates by reference:
     (i) all or any part of another code, rule, or regulation that has been adopted by a federal agency, an agency or political subdivision of this state, an agency of another state, or by a nationally recognized organization or association;


     (ii) state agency implementation plans mandated by the federal government for participation in the federal program;
     (iii) lists, tables, illustrations, or similar materials that are subject to frequent change, fully described in the rule, and are available for public inspection; or
     (iv) lists, tables, illustrations, or similar materials that the director determines are too expensive to reproduce in the administrative code.
     (b) Rules incorporating materials by reference shall:
     (i) be enacted according to the procedures outlined in this chapter;
     (ii) state that the referenced material is incorporated by reference;
     (iii) state the date, issue, or version of the material being incorporated; and
     (iv) define specifically what material is incorporated by reference and identify any agency deviations from it.
     (c) The agency shall identify any substantive changes in the material incorporated by reference by following the rulemaking procedures of this chapter.
     (d) The agency shall maintain a complete and current copy of the referenced material available for public review at the agency and at the division.
     (8) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by statute or agency rule.
     (b) An agency may enact a rule creating a justified exception to a rule.
     (9) An agency may obtain assistance from the attorney general to ensure that its rules meet legal and constitutional requirements.

    Renumber remaining sections accordingly.

The motion to amend the bill passed unanimously with Rep. Aagard and Rep. Frank absent for the vote.

Spoke in favor of the bill:    Robin Thomas, Division of Wildlife Resources

MOTION:    Rep. Hansen moved to pass the bill as amended with a favorable recommendation. The motion passed unanimously with Rep. Frank absent for the vote.

H.B. 232    Campaign and Financial Reporting Requirements Revisions (Rep. D. Aagard)

MOTION:    Rep. Aagard moved to delete in title and body H.B. 232 and replace it with
1st Substitute H.B. 232. The motion passed unanimously with Rep. Frank absent for the vote.

Rep. Aagard explained the substitute bill to the committee, assisted by Michael Cragun, Lieutenant Governor's Office.


MOTION:    Rep. Wiley moved to pass the substitute bill with a favorable recommendation. The motion passed unanimously with Rep. Frank absent for the vote.

H.B. 49    Voter Challenge Amendments (Rep. N. Hansen)

Rep. Hansen explained the bill to the committee.

Spoke in favor of the bill:    Scott Hogansen, Deputy Chief Auditor, Utah County
                Marina Lowe, Staff Attorney, ACLU of Utah

At the suggestion of Rep. Grover, Rep. Hansen agreed to make changes to the bill and present it at a later date.

Rep. Grover relinquished the chair to Rep. Frank.

H.B. 48    Ballot Question Amendments (Rep. K. Grover)

Rep. Grover explained the bill to the committee.

MOTION:    Rep. Wiley moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Ferry and Rep. Hendrickson absent for the vote.

H.B. 44    Local and Special Service District Election Amendments (Rep. L. Fowlke)

MOTION:    Rep. Grover moved to delete in title and body H.B. 44 and replace it with
1st Substitute H.B. 44. The motion passed unanimously with Rep. Ferry and Rep. Hendrickson absent for the vote.

Rep. Grover explained the substitute bill to the committee.

Spoke in favor of the bill:    LeGrand Bitter, Utah Association of Special Districts

MOTION:    Rep. Hansen moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Ferry and Rep. Hendrickson absent for the vote.

MOTION:    Rep. Aagard moved to adjourn. The motion passed unanimously with Rep. Ferry and Rep. Hendrickson absent for the vote.

Rep. Frank adjourned the meeting at 9:55 a.m.



                        __________________________
                        Rep. Craig A. Frank, Chair