Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 37 First Substitute (2015GS)

Sponsor

Rep. Oda, C.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes technical amendments to provisions relating to the Administrative Rules Review Committee; and
• reauthorizes all state agency administrative rules.

Every vote on this bill

Bill text

REAUTHORIZATION OF ADMINISTRATIVE RULES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Administrative Rules Review Committee recommended this bill.
General Description:
This bill modifies provisions relating to the Administrative Rules Review Committee
and provides legislative action regarding administrative rules.
Highlighted Provisions:
This bill:
▸ makes technical amendments to provisions relating to the Administrative Rules
Review Committee; and
▸ reauthorizes all state agency administrative rules.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63G-3-501
, as renumbered and amended by Laws of Utah 2008, Chapter 382
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-3-501
 is amended to read:
63G-3-501.
Administrative Rules Review Committee.
(1) (a) There is created an Administrative Rules Review Committee of 
the following
10 permanent members [
and four ex officio members.
]
:
[
(b)
] (i) [
The committee's permanent members shall be composed of
] five members of
the Senate[
,
] appointed by the president of the Senate, 
no more than three of whom may be
from the same political party;
 and
(ii)
 five members of the House[
,
] 
of Representatives
 appointed by the speaker of the
House 
of Representatives
, [
with
] no more than three [
senators and three representatives
] 
of
whom may be
 from the same political party.
[
(ii) The permanent members shall convene at least once each month as a committee to
review new agency rules, amendments to existing agency rules, and repeals of existing agency
rules. Meetings may be suspended at the discretion of the committee chairs.
]
[
(iii) Members
] 
(b) Each permanent member
 shall serve
:
(i)
 for 
a
 two-year [
terms
] 
term;
 or
(ii)
 until [
their successors are
] 
the permanent member's successor is
 appointed.
[
(iv)
] 
(c) (i)
 A vacancy exists [
whenever a committee
] 
when a permanent
 member
ceases to be a member of the Legislature, or when a 
permanent
 member resigns from the
committee. [
Vacancies shall be filled by the appointing authority, and the replacement shall
serve out the unexpired term.
]
(ii) When a vacancy exists:
(A) if the departing member is a member of the Senate, the president of the Senate
shall appoint a member of the Senate to fill the vacancy; or
(B) if the departing member is a member of the House of Representatives, the speaker
of the House of Representatives shall appoint a member of the House of Representatives to fill
the vacancy.
(iii) The newly appointed member shall serve the remainder of the departing member's
unexpired term.
[
(c) When the committee reviews existing rules, the committee's permanent members
shall invite the Senate and House chairmen of the standing committee and the Senate and
House chairmen of the appropriation subcommittee that have jurisdiction over the agency
whose existing rules are being reviewed to participate as nonvoting, ex officio members with
the committee.
]
(d) (i) The president of the Senate shall designate a member of the Senate appointed
under Subsection (1)(a)(i) as a cochair of the committee.
(ii) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (1)(a)(ii) as a cochair of the committee.
[
(d)
] 
(e)
 Three representatives and three senators from the permanent members are a
quorum for the transaction of business at any meeting.
(f) (i) Subject to Subsection (1)(f)(ii), the committee shall meet at least once each
month to review new agency rules, amendments to existing agency rules, and repeals of
existing agency rules.
(ii) The committee chairs may suspend the meeting requirement described in
Subsection (1)(f)(i) at the committee chairs' discretion.
(2) [
Each
] 
An
 agency 
shall submit a copy of each proposed
 rule [
as defined in Section
63G-3-102
 shall be submitted
] to the committee at the same time 
the agency gives
 public
notice [
is given
] under Section 
63G-3-301
.
(3) (a) The committee shall exercise continuous oversight of the [
process of
]
rulemaking 
process
.
(b) The committee shall examine [
rules
] 
each rule
 submitted by [
each
] 
an
 agency to
determine:
(i) whether [
or not they are
] 
the rule is
 authorized by statute;
(ii) whether [
or not they comply
] 
the rule complies
 with legislative intent;
(iii) [
their
] 
the rule's
 impact on the economy and the government operations of the state
and local political subdivisions; and
(iv) [
their
] 
the rule's
 impact on affected persons.
(c) To carry out these duties, the committee may examine any other issues that [
it
] 
the
committee
 considers necessary. The committee may also notify and refer rules to the
[
chairmen
] 
chairs
 of the interim committee [
which
] 
that
 has jurisdiction over a particular
agency when the committee determines that an issue involved in an agency's rules may be more
appropriately addressed by that committee.
(d) In reviewing [
the rules
] 
a rule
, the committee shall follow generally accepted
principles of statutory construction.
(4) When the committee reviews existing rules, the committee chairs shall invite the
Senate and House chairs of the standing committee and of the appropriation subcommittee that
have jurisdiction over the agency whose existing rules are being reviewed to participate as
nonvoting, ex officio members with the committee.
[
(4)
] 
(5)
 The committee may request that the Office of the Legislative Fiscal Analyst
prepare a fiscal note on any rule.
[
(5)
] 
(6)
 In order to accomplish [
its oversight
] 
the committee's
 functions 
described in
this chapter
, the committee has all the powers granted to legislative interim committees [
as set
forth in
] 
under
 Section 
36-12-11
.
[
(6)
] 
(7)
 (a) The committee may prepare written findings of [
its
] 
the committee's
review of [
each
] 
a
 rule and may include any recommendations, including legislative action.
(b) [
The
] 
When the committee reviews a rule, the
 committee shall provide to the
agency that enacted the rule:
(i) [
its
] 
the committee's
 findings, if any; and
(ii) a request that the agency notify the committee of any changes [
it
] 
the agency
 makes
[
in
] 
to
 the rule.
(c) The committee shall provide [
its
] 
a copy of the committee's
 findings
, if any,
 to
:
(i)
 any member of the Legislature [
and to
]
, upon request;
(ii)
 any person affected by the rule [
who requests the findings.
]
, upon request;
(iii) the president of the Senate;
(iv) the speaker of the House of Representatives;
(v) the Senate and House chairs of the standing committee that has jurisdiction over the
agency that made the rule; and
(vi) the Senate and House chairs of the appropriation subcommittee that has
jurisdiction over the agency that made the rule.
[
(d) The committee shall provide its findings to the presiding officers of both the
House and the Senate, Senate and House chairs of the standing committee, and the Senate and
House chairs of the Appropriation Subcommittee that have jurisdiction over the agency whose
rules are the subject of the findings.
]
[
(7)
] 
(8)
 (a) The committee may submit a report on its review of state agency rules to
each member of the Legislature at each regular session.
(b) The report shall include:
(i) [
the
] 
any
 findings and recommendations 
the committee
 made [
by the committee
]
under Subsection [
(6)
] 
(7)
;
(ii) any action [
taken by
] an agency 
took
 in response to committee recommendations;
and
(iii) any recommendations by the committee for legislation.
Section 2. 
Rules reauthorized.
All rules of Utah state agencies are reauthorized.
Section 3. 
Effective date.
If approved by two-thirds of all members elected to each house, this bill takes effect on
May 1, 2015.
Legislative Review Note
 as of 1-15-15 1:07 PM
Office of Legislative Research and General Counsel