1     
REAUTHORIZATION OF ADMINISTRATIVE RULES

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis Oda

5     
Senate Sponsor: Howard A. Stephenson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to the Administrative Rules Review Committee
10     and provides legislative action regarding administrative rules.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the Division of Administrative Rules shall provide a copy of each
14     issue of the bulletin to the Administrative Rules Review Committee;
15          ▸     makes technical amendments to provisions relating to the Administrative Rules
16     Review Committee; and
17          ▸     reauthorizes all state agency administrative rules.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          63G-3-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
25     Uncodified Material Affected:
26          ENACTS UNCODIFIED MATERIAL
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 63G-3-501 is amended to read:
30          63G-3-501. Administrative Rules Review Committee.
31          (1) (a) There is created an Administrative Rules Review Committee of the following
32     10 permanent members [and four ex officio members.]:
33          [(b)] (i) [The committee's permanent members shall be composed of] five members of
34     the Senate[,] appointed by the president of the Senate, no more than three of whom may be
35     from the same political party; and
36          (ii) five members of the House[,] of Representatives appointed by the speaker of the
37     House of Representatives, [with] no more than three [senators and three representatives] of
38     whom may be from the same political party.
39          [(ii) The permanent members shall convene at least once each month as a committee to
40     review new agency rules, amendments to existing agency rules, and repeals of existing agency
41     rules. Meetings may be suspended at the discretion of the committee chairs.]
42          [(iii) Members] (b) Each permanent member shall serve:
43          (i) for a two-year [terms] term; or
44          (ii) until [their successors are] the permanent member's successor is appointed.
45          [(iv)] (c) (i) A vacancy exists [whenever a committee] when a permanent member
46     ceases to be a member of the Legislature, or when a permanent member resigns from the
47     committee. [Vacancies shall be filled by the appointing authority, and the replacement shall
48     serve out the unexpired term.]
49          (ii) When a vacancy exists:
50          (A) if the departing member is a member of the Senate, the president of the Senate
51     shall appoint a member of the Senate to fill the vacancy; or
52          (B) if the departing member is a member of the House of Representatives, the speaker
53     of the House of Representatives shall appoint a member of the House of Representatives to fill
54     the vacancy.
55          (iii) The newly appointed member shall serve the remainder of the departing member's
56     unexpired term.
57          [(c) When the committee reviews existing rules, the committee's permanent members
58     shall invite the Senate and House chairmen of the standing committee and the Senate and
59     House chairmen of the appropriation subcommittee that have jurisdiction over the agency
60     whose existing rules are being reviewed to participate as nonvoting, ex officio members with
61     the committee.]
62          (d) (i) The president of the Senate shall designate a member of the Senate appointed
63     under Subsection (1)(a)(i) as a cochair of the committee.
64          (ii) The speaker of the House of Representatives shall designate a member of the
65     House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
66          [(d)] (e) Three representatives and three senators from the permanent members are a
67     quorum for the transaction of business at any meeting.
68          (f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
69     month to review new agency rules, amendments to existing agency rules, and repeals of
70     existing agency rules.
71          (ii) The committee chairs may suspend the meeting requirement described in
72     Subsection (1)(f)(i) at the committee chairs' discretion.
73          [(2) Each agency rule as defined in Section 63G-3-102 shall be submitted to the
74     committee at the same time public notice is given under Section 63G-3-301.]
75          (2) The division shall submit a copy of each issue of the bulletin to the committee.
76          (3) (a) The committee shall exercise continuous oversight of the [process of]
77     rulemaking process.
78          (b) The committee shall examine [rules] each rule submitted by [each] an agency to
79     determine:
80          (i) whether [or not they are] the rule is authorized by statute;
81          (ii) whether [or not they comply] the rule complies with legislative intent;
82          (iii) [their] the rule's impact on the economy and the government operations of the state
83     and local political subdivisions; and
84          (iv) [their] the rule's impact on affected persons.
85          (c) To carry out these duties, the committee may examine any other issues that [it] the
86     committee considers necessary. The committee may also notify and refer rules to the
87     [chairmen] chairs of the interim committee [which] that has jurisdiction over a particular
88     agency when the committee determines that an issue involved in an agency's rules may be more
89     appropriately addressed by that committee.
90          (d) In reviewing [the rules] a rule, the committee shall follow generally accepted
91     principles of statutory construction.
92          (4) When the committee reviews existing rules, the committee chairs shall invite the
93     Senate and House chairs of the standing committee and of the appropriation subcommittee that
94     have jurisdiction over the agency whose existing rules are being reviewed to participate as
95     nonvoting, ex officio members with the committee.
96          [(4)] (5) The committee may request that the Office of the Legislative Fiscal Analyst
97     prepare a fiscal note on any rule.
98          [(5)] (6) In order to accomplish [its oversight] the committee's functions described in
99     this chapter, the committee has all the powers granted to legislative interim committees [as set
100     forth in] under Section 36-12-11.
101          [(6)] (7) (a) The committee may prepare written findings of [its] the committee's
102     review of [each] a rule and may include any recommendations, including legislative action.
103          (b) [The] When the committee reviews a rule, the committee shall provide to the
104     agency that enacted the rule:
105          (i) [its] the committee's findings, if any; and
106          (ii) a request that the agency notify the committee of any changes [it] the agency makes
107     [in] to the rule.
108          (c) The committee shall provide [its] a copy of the committee's findings, if any, to:
109          (i) any member of the Legislature [and to], upon request;
110          (ii) any person affected by the rule [who requests the findings.], upon request;
111          (iii) the president of the Senate;
112          (iv) the speaker of the House of Representatives;
113          (v) the Senate and House chairs of the standing committee that has jurisdiction over the
114     agency that made the rule; and
115          (vi) the Senate and House chairs of the appropriation subcommittee that has
116     jurisdiction over the agency that made the rule.
117          [(d) The committee shall provide its findings to the presiding officers of both the
118     House and the Senate, Senate and House chairs of the standing committee, and the Senate and
119     House chairs of the Appropriation Subcommittee that have jurisdiction over the agency whose
120     rules are the subject of the findings.]
121          [(7)] (8) (a) The committee may submit a report on its review of state agency rules to
122     each member of the Legislature at each regular session.
123          (b) The report shall include:
124          (i) [the] any findings and recommendations the committee made [by the committee]
125     under Subsection [(6)] (7);
126          (ii) any action [taken by] an agency took in response to committee recommendations;
127     and
128          (iii) any recommendations by the committee for legislation.
129          Section 2. Rules reauthorized.
130          All rules of Utah state agencies are reauthorized.
131          Section 3. Effective date.
132          If approved by two-thirds of all members elected to each house, this bill takes effect on
133     May 1, 2015.