Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 103 First Substitute (2016GS)

Sponsor

Rep. Oda, C.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• replaces the Division of Administrative Rules with the Office of Administrative Rules within the Department of Administrative Services;
• provides that a coordinator shall administer the Office of Administrative Rules;
• creates certain duties of the Office of Administrative Rules regarding technological improvements to the rulemaking process; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

DEPARTMENT OF ADMINISTRATIVE SERVICES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill modifies provisions relating to the Department of Administrative Services.
Highlighted Provisions:
This bill:
▸ replaces the Division of Administrative Rules with the Office of Administrative
Rules within the Department of Administrative Services;
▸ provides that a coordinator shall administer the Office of Administrative Rules;
▸ creates certain duties of the Office of Administrative Rules regarding technological
improvements to the rulemaking process; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
31A-2-404
, as last amended by Laws of Utah 2015, Chapter 330
35A-3-302
, as last amended by Laws of Utah 2015, Chapter 221
53-2a-209
, as last amended by Laws of Utah 2015, Chapter 358
53C-1-201
, as last amended by Laws of Utah 2015, Chapter 177
63A-1-109
, as last amended by Laws of Utah 2011, Chapters 79 and 265
63A-1-109.5
, as last amended by Laws of Utah 2011, Chapter 79
63A-1-111
, as renumbered and amended by Laws of Utah 1993, Chapter 212
63G-3-102
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-3-201
, as last amended by Laws of Utah 2009, Chapter 347
63G-3-301
, as last amended by Laws of Utah 2009, Chapter 93
63G-3-303
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-3-304
, as last amended by Laws of Utah 2008, Chapter 300 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63G-3-305
, as last amended by Laws of Utah 2014, Chapter 57
63G-3-401
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-3-402
, as last amended by Laws of Utah 2010, Chapter 341
63G-3-403
, as last amended by Laws of Utah 2008, Chapter 300 and renumbered and
amended by Laws of Utah 2008, Chapter 382
63G-3-501
, as last amended by Laws of Utah 2015, Chapter 383
63G-3-702
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63J-1-602.4
, as last amended by Laws of Utah 2015, Chapters 179 and 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-2-404
 is amended to read:
31A-2-404.
Duties of the commissioner and Title and Escrow Commission.
(1) (a) Notwithstanding the other provisions of this chapter, to the extent provided in
this part, the commissioner shall administer and enforce the provisions in this title related to a
title insurance matter.
(b) (i) The commissioner may impose a penalty:
(A) under this title related to a title insurance matter;
(B) after investigation by the commissioner in accordance with Part 3, Procedures and
Enforcement; and
(C) that is enforced by the commissioner.
(ii) The commissioner shall consult with and seek concurrence of the commission in a
meeting subject to Title 52, Chapter 4, Open and Public Meetings Act, regarding the
imposition of a penalty, and if concurrence cannot be reached, the commissioner has final
authority.
(c) Unless a provision of this title grants specific authority to the commission, the
commissioner has authority over the implementation of this title related to a title insurance
matter. When a provision requires concurrence between the commission and commissioner,
and concurrence cannot be reached, the commissioner has final authority.
(d) Except as provided in Subsection (1)(e), when this title requires concurrence
between the commissioner and commission related to a title insurance matter:
(i) the commissioner shall report to and update the commission on a regular basis
related to that title insurance matter; and
(ii) the commission shall review the report submitted by the commissioner under this
Subsection (1)(d) and concur with the report, or:
(A) provide a reason for not concurring with the report; and
(B) provide recommendations to the commissioner.
(e) When this title requires concurrence between the commissioner and commission
under Subsection (2), (3), or (4):
(i) the commission shall report to and update the commissioner on a regular basis
related to that title insurance matter; and
(ii) the commissioner shall review a report submitted by the commission under this
Subsection (1)(e) and concur with the report or:
(A) provide a reason for not concurring with the report; and
(B) provide recommendations to the commission.
(2) The commission shall:
(a) subject to Subsection (4), make rules for the administration of the provisions in this
title related to title insurance matters including rules related to:
(i) rating standards and rating methods for a title licensee, as provided in Section
31A-19a-209
;
(ii) the licensing for a title licensee, including the licensing requirements of Section
31A-23a-204
;
(iii) continuing education requirements of Section 
31A-23a-202
; and
(iv) standards of conduct for a title licensee;
(b) concur in the issuance and renewal of a license in accordance with Section
31A-23a-105
 or 
31A-26-203
;
(c) in accordance with Section 
31A-3-103
, establish, with the concurrence of the
commissioner, the fees imposed by this title on a title licensee;
(d) in accordance with Section 
31A-23a-415
 determine, after consulting with the
commissioner, the assessment on a title insurer as defined in Section 
31A-23a-415
;
(e) with the concurrence of the commissioner, approve a continuing education program
required by Section 
31A-23a-202
;
(f) on a regular basis advise the commissioner of the most critical matters affecting the
title insurance industry and request the commissioner to direct the department's investigative
resources to investigate and enforce those matters;
(g) in accordance with Section 
31A-23a-204
, participate in the annual license testing
evaluation conducted by the commissioner's test administrator;
(h) advise the commissioner on matters affecting the commissioner's budget related to
title insurance; and
(i) perform other duties as provided in this title.
(3) The commission may make rules establishing an examination for a license that will
satisfy Section 
31A-23a-204
:
(a) after consultation with the commissioner's test administrator; and
(b) subject to Subsection (4).
(4) (a) The commission may make a rule under this title only:
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii) with the concurrence of the commissioner, except that if concurrence cannot be
reached, the commissioner has final authority; and
(iii) if at the time the commission files its proposed rule and rule analysis with the
[
Division
] 
Office
 of Administrative Rules in accordance with Section 
63G-3-301
, the
commission provides the Real Estate Commission that same information.
(b) The commission may not make a rule regarding adjudicative procedures.
(c) In accordance with Section 
31A-2-201
, the commissioner may make rules regarding
adjudicative procedures.
(5) (a) The commissioner shall annually report the information described in Subsection
(5)(b) in writing to the commission.
(b) The information required to be reported under this Subsection (5):
(i) may not identify a person; and
(ii) shall include:
(A) the number of complaints the commissioner receives with regard to transactions
involving title insurance or a title licensee during the calendar year immediately proceeding the
report;
(B) the type of complaints described in Subsection (5)(b)(ii)(A); and
(C) for each complaint described in Subsection (5)(b)(ii)(A):
(I) any action taken by the commissioner with regard to the complaint; and
(II) the time-period beginning the day on which a complaint is made and ending the
day on which the commissioner determines it will take no further action with regard to the
complaint.
Section 2. Section 
35A-3-302
 is amended to read:
35A-3-302.
Eligibility requirements.
(1) There is created the "Family Employment Program" to provide cash assistance
under this part.
(2) (a) The department shall submit a state plan to the Secretary of the United States
Department of Health and Human Services to obtain funding under the federal Temporary
Assistance for Needy Families Block Grant.
(b) The department shall make the state plan consistent with this part and federal law.
(c) If a discrepancy exists between a provision of the state plan and this part, this part
supersedes the provision in the state plan.
(3) The services provided under this part are for both one-parent and two-parent
families.
(4) To be eligible for cash assistance under this part, a family shall:
(a) have at least one minor dependent child; or
(b) have a parent who is in the third trimester of a pregnancy.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for eligibility and the amount of cash assistance a family is eligible
to receive under this part based on:
(a) family size;
(b) family income;
(c) income disregards;
(d) other relevant factors; and
(e) if the applicant has met the eligibility requirements under Subsections (5)(a)
through (d), the assessment and other requirements described in Sections 
35A-3-304
 and
35A-3-304.5
.
(6) To determine eligibility, the department may not consider money on deposit in an
Individual Development Account established under Section 
35A-3-312
.
(7) The department shall provide for an appeal of a determination of eligibility in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(8) (a) The department shall make a report to either the Legislature's Executive
Appropriations Committee or the Social Services Appropriations Subcommittee on any
proposed rule change made under Subsection (5) that would modify the:
(i) eligibility requirements for cash assistance; or
(ii) amount of cash assistance a family is eligible to receive.
(b) The department shall submit the report under Subsection (8)(a) prior to
implementing the proposed rule change.
(c) The report under Subsection (8)(a) shall include:
(i) a description of the department's current practice or policy that it is proposing to
change;
(ii) an explanation of why the department is proposing the change;
(iii) the effect of an increase or decrease in cash benefits on families; and
(iv) the fiscal impact of the proposed change.
(d) The department may use the Notice of Proposed Rule Amendment form filed with
the [
Division
] 
Office
 of Administrative Rules as its report if the notice contains the information
required under Subsection (8)(c).
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to ensure that:
(a) a recipient of assistance from the Family Employment Program:
(i) has adequate access to the assistance;
(ii) has the ability to use and withdraw assistance with minimal fees or surcharges,
including the opportunity to obtain assistance with no fees or surcharges;
(iii) is provided information regarding fees and surcharges that may apply to assistance
accessed through an electronic fund transaction; and
(iv) is provided information explaining the restrictions on accessing assistance
described in Subsection (10); and
(b) information regarding fees and surcharges that may apply when accessing
assistance from the Family Employment Program through an electronic fund transaction is
available to the public.
(10) An individual receiving assistance under this section may not access the assistance
through an electronic benefit transfer, including through an automated teller machine or
point-of-sale device, in an establishment in the state that:
(a) exclusively or primarily sells intoxicating liquor;
(b) allows gambling or gaming; or
(c) provides adult-oriented entertainment where performers disrobe or perform
unclothed.
(11) An establishment described under Subsection (10)(a), (b), or (c) may not allow an
individual to access the assistance under this section on the establishment's premises through
an electronic benefit transfer, including through an automated teller machine or point-of-sale
device.
(12) In accordance with federal requirements and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to prevent
individuals from accessing assistance in a manner prohibited by Subsections (10) and (11),
which rules may include enforcement provisions that impose sanctions that temporarily or
permanently disqualify an individual from receiving assistance.
Section 3. Section 
53-2a-209
 is amended to read:
53-2a-209.
Orders, rules, and regulations having force of law -- Filing
requirements -- Suspension of state agency rules -- Suspension of enforcement of certain
statutes during a state of emergency.
(1) All orders, rules, and regulations promulgated by the governor, a municipality, a
county, or other agency authorized by this part to make orders, rules, and regulations, not in
conflict with existing laws except as specifically provided in this section, shall have the full
force and effect of law during the state of emergency.
(2) A copy of the order, rule, or regulation promulgated under Subsection (1) shall be
filed as soon as practicable with:
(a) the [
Division
] 
Office
 of Administrative Rules, if issued by the governor or a state
agency; or
(b) the office of the clerk of the municipality or county, if issued by the chief executive
officer of a municipality or county.
(3) The governor may suspend the provisions of any order, rule, or regulation of any
state agency, if the strict compliance with the provisions of the order, rule, or regulation would
substantially prevent, hinder, or delay necessary action in coping with the emergency or
disaster.
(4) (a) Except as provided in Subsection (4)(b) and subject to Subsections (4)(c) and
(d), the governor may by executive order suspend the enforcement of a statute if:
(i) the governor declares a state of emergency in accordance with Section 
53-2a-206
;
(ii) the governor determines that suspending the enforcement of the statute is:
(A) directly related to the state of emergency described in Subsection (4)(a)(i); and
(B) necessary to address the state of emergency described in Subsection (4)(a)(i);
(iii) the executive order:
(A) describes how the suspension of the enforcement of the statute is:
(I) directly related to the state of emergency described in Subsection (4)(a)(i); and
(II) necessary to address the state of emergency described in Subsection (4)(a)(i); and
(B) provides the citation of the statute that is the subject of suspended enforcement;
(iv) the governor acts in good faith;
(v) the governor provides notice of the suspension of the enforcement of the statute to
the speaker of the House of Representatives and the president of the Senate no later than 24
hours after suspending the enforcement of the statute; and
(vi) the governor makes the report required by Section 
53-2a-210
.
(b) (i) Except as provided in Subsection (4)(b)(ii), the governor may not suspend the
enforcement of a criminal penalty created in statute.
(ii) The governor may suspend the enforcement of a misdemeanor or infraction if:
(A) the misdemeanor or infraction relates to food, health, or transportation; and
(B) the requirements of Subsection (4)(a) are met.
(c) A suspension described in this Subsection (4) terminates no later than the date the
governor terminates the state of emergency in accordance with Section 
53-2a-206
 to which the
suspension relates.
(d) The governor:
(i) shall provide the notice required by Subsection (4)(a)(v) using the best available
method under the circumstances as determined by the governor;
(ii) may provide the notice required by Subsection (4)(a)(v) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(e) If circumstances prevent the governor from providing notice to the speaker of the
House of Representatives or the president of the Senate, notice shall be provided in the best
available method to the presiding member of the respective body as is reasonable.
Section 4. Section 
53C-1-201
 is amended to read:
53C-1-201.
Creation of administration -- Purpose -- Director -- Participation in
Risk Management Fund.
(1) (a) There is established within state government the School and Institutional Trust
Lands Administration.
(b) The administration shall manage all school and institutional trust lands and assets
within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
of Revenue from Trust Lands, and Title 53D, Chapter 1, School and Institutional Trust Fund
Management Act.
(2) The administration is an independent state agency and not a division of any other
department.
(3) (a) It is subject to the usual legislative and executive department controls except as
provided in this Subsection (3).
(b) (i) The director may make rules as approved by the board that allow the
administration to classify a business proposal submitted to the administration as protected
under Section 
63G-2-305
, for as long as is necessary to evaluate the proposal.
(ii) The administration shall return the proposal to the party who submitted the
proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
and Management Act, if the administration determines not to proceed with the proposal.
(iii) The administration shall classify the proposal pursuant to law if it decides to
proceed with the proposal.
(iv) Section 
63G-2-403
 does not apply during the review period.
(c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, except that the administration is not subject to Subsections
63G-3-301
(6) and (7) and Section 
63G-3-601
, and the director, with the board's approval, may
establish a procedure for the expedited approval of rules, based on written findings by the
director showing:
(i) the changes in business opportunities affecting the assets of the trust;
(ii) the specific business opportunity arising out of those changes which may be lost
without the rule or changes to the rule;
(iii) the reasons the normal procedures under Section 
63G-3-301
 cannot be met without
causing the loss of the specific opportunity;
(iv) approval by at least five board members; and
(v) that the director has filed a copy of the rule and a rule analysis, stating the specific
reasons and justifications for its findings, with the [
Division
] 
Office
 of Administrative Rules
and notified interested parties as provided in Subsection 
63G-3-301
(10).
(d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
Management Act, except as provided in this Subsection (3)(d).
(ii) The board may approve, upon recommendation of the director, that exemption for
specific positions under Subsections 
67-19-12
(2) and 
67-19-15
(1) is required in order to enable
the administration to efficiently fulfill its responsibilities under the law. The director shall
consult with the executive director of the Department of Human Resource Management prior
to making such a recommendation.
(iii) The positions of director, deputy director, associate director, assistant director,
legal counsel appointed under Section 
53C-1-305
, administrative assistant, and public affairs
officer are exempt under Subsections 
67-19-12
(2) and 
67-19-15
(1).
(iv) Salaries for exempted positions, except for the director, shall be set by the director,
after consultation with the executive director of the Department of Human Resource
Management, within ranges approved by the board. The board and director shall consider
salaries for similar positions in private enterprise and other public employment when setting
salary ranges.
(v) The board may create an annual incentive and bonus plan for the director and other
administration employees designated by the board, based upon the attainment of financial
performance goals and other measurable criteria defined and budgeted in advance by the board.
(e) The administration shall comply with Title 63G, Chapter 6a, Utah Procurement
Code, except where the board approves, upon recommendation of the director, exemption from
the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, for procurement, which enable the administration to
efficiently fulfill its responsibilities under the law.
(f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
the fee agency requirements of Section 
63J-1-504
.
(ii) The following fees of the administration are subject to the requirements of Section
63J-1-504
: application, assignment, amendment, affidavit for lost documents, name change,
reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
assignment, electronic payment, and processing.
(g) (i) The administration is not subject to Subsection 
63J-1-206
(3)(f).
(ii) Before transferring appropriated funds between line items, the administration shall
submit a proposal to the board for its approval.
(iii) If the board gives approval to a proposal to transfer appropriated funds between
line items, the administration shall submit the proposal to the Legislative Executive
Appropriations Committee for its review and recommendations.
(iv) The Legislative Executive Appropriations Committee may recommend:
(A) that the administration transfer the appropriated funds between line items;
(B) that the administration not transfer the appropriated funds between line items; or
(C) to the governor that the governor call a special session of the Legislature to
supplement the appropriated budget for the administration.
(4) The administration is managed by a director of school and institutional trust lands
appointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of the
administration and for the management of trust lands and assets.
(b) The board shall provide policies for the ownership and control of Native American
remains that are discovered or excavated on school and institutional trust lands in consultation
with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
Native American Grave Protection and Repatriation Act. The director may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
policies provided by the board regarding Native American remains.
(6) In connection with joint ventures and other transactions involving trust lands and
minerals approved under Sections 
53C-1-303
 and 
53C-2-401
, the administration, with board
approval, may become a member of a limited liability company under [
Title 48, Chapter 2c,
Utah Revised Limited Liability Company Act, or
] Title 48, Chapter 3a, Utah Revised Uniform
Limited Liability Company Act, as appropriate pursuant to Section 
48-3a-1405
 and is
considered a person under [
Section 
48-2c-102
 or
] Section 
48-3a-102
.
(7) Subject to the requirements of Subsection 
63E-1-304
(2), the administration may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
Section 5. Section 
63A-1-109
 is amended to read:
63A-1-109.
Divisions of department -- Administration.
(1) The department shall be composed of
:
(a)
 the following divisions:
[
(a) administrative rules;
]
[
(b)
] 
(i)
 archives and records;
[
(c)
] 
(ii)
 facilities construction and management;
[
(d)
] 
(iii)
 finance;
[
(e)
] 
(iv)
 fleet operations;
[
(f)
] 
(v)
 state purchasing and general services; and
[
(g)
] 
(vi)
 risk management[
.
]
; and
(b) the Office of Administrative Rules.
(2) Each division 
described in Subsection (1)(a)
 shall be administered and managed by
a division director.
Section 6. Section 
63A-1-109.5
 is amended to read:
63A-1-109.5.
Department authority to operate a division or office as an internal
service fund agency.
Subject to Section 
63A-1-114
 and provisions governing internal service funds or
internal service fund agencies under Title 63J, Chapter 1, Budgetary Procedures Act, the
department may operate a division 
or office
 described in Section 
63A-1-109
 as an internal
service fund agency.
Section 7. Section 
63A-1-111
 is amended to read:
63A-1-111.
Service plans established by each division -- Contents -- Distribution.
(1) Each division 
and each office
 of the department shall formulate and establish
service plans for each fiscal year.
(2) The service plans shall describe:
(a) the services to be rendered to state agencies;
(b) the methods of providing those services;
(c) the standards of performance; and
(d) the performance measures used to gauge compliance with those standards.
(3) Before the beginning of each fiscal year, the service plans shall be distributed to
each state agency and institution that uses the services provided by that division.
Section 8. Section 
63G-3-102
 is amended to read:
63G-3-102.
Definitions.
As used in this chapter:
(1) "Administrative record" means information an agency relies upon when making a
rule under this chapter including:
(a) the proposed rule, change in the proposed rule, and the rule analysis form;
(b) the public comment received and recorded by the agency during the public
comment period;
(c) the agency's response to the public comment;
(d) the agency's analysis of the public comment; and
(e) the agency's report of its decision-making process.
(2) "Agency" means each state board, authority, commission, institution, department,
division, officer, or other state government entity other than the Legislature, its committees, the
political subdivisions of the state, or the courts, which is authorized or required by law to make
rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
perform other similar actions or duties delegated by law.
(3) "Bulletin" means the Utah State Bulletin.
(4) "Catchline" means a short summary of each section, part, rule, or title of the code
that follows the section, part, rule, or title reference placed before the text of the rule and serves
the same function as boldface in legislation as described in Section 
68-3-13
.
(5) "Code" means the body of all effective rules as compiled and organized by the
division and entitled "Utah Administrative Code."
[
(6) "Director" means the director of the Division of Administrative Rules.
]
[
(7) "Division" means the Division of Administrative Rules.
]
(6) "Department" means the Department of Administrative Services created in Section
63A-1-104
.
[
(8)
] 
(7)
 "Effective" means operative and enforceable.
(8) "Executive director" means the executive director of the department.
(9) (a) "File" means to submit a document to the [
division
] 
office
 as prescribed by the
[
division
] 
department
.
(b) "Filing date" means the day and time the document is recorded as received by the
[
division
] 
office
.
(10) "Interested person" means any person affected by or interested in a proposed rule,
amendment to an existing rule, or a nonsubstantive change made under Section 
63G-3-402
.
(11) "Office" means the Office of Administrative Rules created in Section 
63G-3-401
.
[
(11)
] 
(12)
 "Order" means an agency action that determines the legal rights, duties,
privileges, immunities, or other interests of one or more specific persons, but not a class of
persons.
[
(12)
] 
(13)
 "Person" means any individual, partnership, corporation, association,
governmental entity, or public or private organization of any character other than an agency.
[
(13)
] 
(14)
 "Publication" or "publish" means making a rule available to the public by
including the rule or a summary of the rule in the bulletin.
[
(14)
] 
(15)
 "Publication date" means the inscribed date of the bulletin.
[
(15)
] 
(16)
 "Register" may include an electronic database.
[
(16)
] 
(17)
 (a) "Rule" means an agency's written statement that:
(i) is explicitly or implicitly required by state or federal statute or other applicable law;
(ii) implements or interprets a state or federal legal mandate; and
(iii) applies to a class of persons or another agency.
(b) "Rule" includes the amendment or repeal of an existing rule.
(c) "Rule" does not mean:
(i) orders;
(ii) an agency's written statement that applies only to internal management and that
does not restrict the legal rights of a public class of persons or another agency;
(iii) the governor's executive orders or proclamations;
(iv) opinions issued by the attorney general's office;
(v) declaratory rulings issued by the agency according to Section 
63G-4-503
 except as
required by Section 
63G-3-201
;
(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
63G-3-201
(6); or
(vii) an agency written statement that is in violation of any state or federal law.
[
(17)
] 
(18)
 "Rule analysis" means the format prescribed by the [
division
] 
department
 to
summarize and analyze rules.
[
(18)
] 
(19)
 "Small business" means a business employing fewer than 50 persons.
[
(19)
] 
(20)
 "Substantive change" means a change in a rule that affects the application
or results of agency actions.
Section 9. 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
] 
office
.
(5) (a) 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) authorized by a specific state statute;
(ii) a state law and programs under that law are established in order for the state to
obtain or maintain primacy over a federal program; or
(iii) state civil or criminal penalties established by state statute regarding the program
are equivalent to or less than corresponding federal civil or criminal penalties.
(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 
executive
 director 
or the
executive director's designee
 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
] 
office
.
(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.
Section 10. Section 
63G-3-301
 is amended to read:
63G-3-301.
Rulemaking procedure.
(1) An agency authorized to make rules is also authorized to amend or repeal those
rules.
(2) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, when making,
amending, or repealing a rule agencies shall comply with:
(a) the requirements of this section;
(b) consistent procedures required by other statutes;
(c) applicable federal mandates; and
(d) rules made by the [
division
] 
department
 to implement this chapter.
(3) Subject to the requirements of this chapter, each agency shall develop and use
flexible approaches in drafting rules that meet the needs of the agency and that involve persons
affected by the agency's rules.
(4) (a) Each agency shall file its proposed rule and rule analysis with the [
division
]
office
.
(b) Rule amendments shall be marked with new language underlined and deleted
language struck out.
(c) (i) The [
division
] 
office
 shall publish the information required under Subsection (8)
on the rule analysis and the text of the proposed rule in the next issue of the bulletin.
(ii) For rule amendments, only the section or subsection of the rule being amended
need be printed.
(iii) If the 
executive
 director 
or the executive director's designee
 determines that the
rule is too long to publish, the [
director
] 
office
 shall publish the rule analysis and shall publish
the rule by reference to a copy on file with the [
division
] 
office
.
(5) Prior to filing a rule with the [
division
] 
office
, the department head shall consider
and comment on the fiscal impact a rule may have on businesses.
(6) If the agency reasonably expects that a proposed rule will have a measurable
negative fiscal impact on small businesses, the agency shall consider, as allowed by federal
law, each of the following methods of reducing the impact of the rule on small businesses:
(a) establishing less stringent compliance or reporting requirements for small
businesses;
(b) establishing less stringent schedules or deadlines for compliance or reporting
requirements for small businesses;
(c) consolidating or simplifying compliance or reporting requirements for small
businesses;
(d) establishing performance standards for small businesses to replace design or
operational standards required in the proposed rule; and
(e) exempting small businesses from all or any part of the requirements contained in
the proposed rule.
(7) If during the public comment period an agency receives comment that the proposed
rule will cost small business more than one day's annual average gross receipts, and the agency
had not previously performed the analysis in Subsection (6), the agency shall perform the
analysis described in Subsection (6).
(8) The rule analysis shall contain:
(a) a summary of the rule or change;
(b) the purpose of the rule or reason for the change;
(c) the statutory authority or federal requirement for the rule;
(d) the anticipated cost or savings to:
(i) the state budget;
(ii) local governments;
(iii) small businesses; and
(iv) persons other than small businesses, businesses, or local governmental entities;
(e) the compliance cost for affected persons;
(f) how interested persons may review the full text of the rule;
(g) how interested persons may present their views on the rule;
(h) the time and place of any scheduled public hearing;
(i) the name and telephone number of an agency employee who may be contacted
about the rule;
(j) the name of the agency head or designee who authorized the rule;
(k) the date on which the rule may become effective following the public comment
period; and
(l) comments by the department head on the fiscal impact the rule may have on
businesses.
(9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
summary that generally includes the following:
(i) a summary of substantive provisions in the repealed rule which are eliminated from
the enacted rule; and
(ii) a summary of new substantive provisions appearing only in the enacted rule.
(b) The summary required under this Subsection (9) is to aid in review and may not be
used to contest any rule on the ground of noncompliance with the procedural requirements of
this chapter.
(10) A copy of the rule analysis shall be mailed to all persons who have made timely
request of the agency for advance notice of its rulemaking proceedings and to any other person
who, by statutory or federal mandate or in the judgment of the agency, should also receive
notice.
(11) (a) Following the publication date, the agency shall allow at least 30 days for
public comment on the rule.
(b) The agency shall review and evaluate all public comments submitted in writing
within the time period under Subsection (11)(a) or presented at public hearings conducted by
the agency within the time period under Subsection (11)(a).
(12) (a) Except as provided in Sections 
63G-3-303
 and 
63G-3-304
, a proposed rule
becomes effective on any date specified by the agency that is no fewer than seven calendar days
after the close of the public comment period under Subsection (11), nor more than 120 days
after the publication date.
(b) The agency shall provide notice of the rule's effective date to the [
division
] 
office
 in
the form required by the [
division
] 
department
.
(c) The notice of effective date may not provide for an effective date prior to the date it
is received by the [
division
] 
office
.
(d) The [
division
] 
office
 shall publish notice of the effective date of the rule in the next
issue of the bulletin.
(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
not filed with the [
division
] 
office
 within 120 days of publication.
(13) (a) As used in this Subsection (13), "initiate rulemaking proceedings" means the
filing, for the purposes of publication in accordance with Subsection (4), of an agency's
proposed rule that is required by state statute.
(b) A state agency shall initiate rulemaking proceedings no later than 180 days after the
effective date of the statutory provision that specifically requires the rulemaking, except under
Subsection (13)(c).
(c) When a statute is enacted that requires agency rulemaking and the affected agency
already has rules in place that meet the statutory requirement, the agency shall submit the rules
to the Administrative Rules Review Committee for review within 60 days after the statute
requiring the rulemaking takes effect.
(d) If a state agency does not initiate rulemaking proceedings in accordance with the
time requirements in Subsection (13)(b), the state agency shall appear before the legislative
Administrative Rules Review Committee and provide the reasons for the delay.
Section 11. Section 
63G-3-303
 is amended to read:
63G-3-303.
Changes in rules.
(1) (a) To change a proposed rule already published in the bulletin, an agency shall file
with the [
division
] 
office
:
(i) the text of the changed rule; and
(ii) a rule analysis containing a description of the change and the information required
by Section 
63G-3-301
.
(b) A change to a proposed rule may not be filed more than 120 days after publication
of the rule being changed.
(c) The [
division
] 
office
 shall publish the rule analysis for the changed rule in the
bulletin.
(d) The changed proposed rule and its associated proposed rule will become effective
on a date specified by the agency, not less than 30 days or more than 120 days after publication
of the last change in proposed rule.
(e) A changed proposed rule and its associated proposed rule lapse if a notice of
effective date or another change to a proposed rule is not filed with the [
division
] 
office
 within
120 days of publication of the last change in proposed rule.
(2) If the rule change is nonsubstantive:
(a) the agency need not comply with the requirements of Subsection (1); and
(b) the agency shall notify the [
division
] 
office
 of the change in writing.
(3) If the rule is effective, the agency shall amend the rule according to the procedures
specified in Section 
63G-3-301
.
Section 12. Section 
63G-3-304
 is amended to read:
63G-3-304.
Emergency rulemaking procedure.
(1) All agencies shall comply with the rulemaking procedures of Section 
63G-3-301
unless an agency finds that these procedures would:
(a) cause an imminent peril to the public health, safety, or welfare;
(b) cause an imminent budget reduction because of budget restraints or federal
requirements; or
(c) place the agency in violation of federal or state law.
(2) (a) When finding that its rule is excepted from regular rulemaking procedures by
this section, the agency shall file with the [
division
] 
office
:
(i) the text of the rule; and
(ii) a rule analysis that includes the specific reasons and justifications for its findings.
(b) The [
division
] 
office
 shall publish the rule in the bulletin as provided in Subsection
63G-3-301
(4).
(c) The agency shall notify interested persons as provided in Subsection
63G-3-301
(10).
(d) The rule becomes effective for a period not exceeding 120 days on the date of filing
or any later date designated in the rule.
(3) If the agency intends the rule to be effective beyond 120 days, the agency shall also
comply with the procedures of Section 
63G-3-301
.
Section 13. Section 
63G-3-305
 is amended to read:
63G-3-305.
Agency review of rules -- Schedule of filings -- Limited exemption for
certain rules.
(1) Each agency shall review each of its rules within five years after the rule's original
effective date or within five years after the filing of the last five-year review, whichever is later.
(2) An agency may consider any substantial review of a rule to be a five-year review if
the agency also meets the requirements described in Subsection (3).
(3) At the conclusion of its review, and no later than the deadline described in
Subsection (1), the agency shall decide whether to continue, repeal, or amend and continue the
rule and comply with Subsections (3)(a) through (c), as applicable.
(a) If the agency continues the rule, the agency shall file with the [
division
] 
office
 a
five-year notice of review and statement of continuation that includes:
(i) a concise explanation of the particular statutory provisions under which the rule is
enacted and how these provisions authorize or require the rule;
(ii) a summary of written comments received during and since the last five-year review
of the rule from interested persons supporting or opposing the rule; and
(iii) a reasoned justification for continuation of the rule, including reasons why the
agency disagrees with comments in opposition to the rule, if any.
(b) If the agency repeals the rule, the agency shall:
(i) comply with Section 
63G-3-301
; and
(ii) in the rule analysis described in Section 
63G-3-301
, state that the repeal is the
result of the agency's five-year review under this section.
(c) If the agency amends and continues the rule, the agency shall comply with the
requirements described in Section 
63G-3-301
 and file with the [
division
] 
office
 the five-year
notice of review and statement of continuation required in Subsection (3)(a).
(4) The [
division
] 
office
 shall publish a five-year notice of review and statement of
continuation in the bulletin no later than one year after the deadline described in Subsection
(1).
(5) (a) The [
division
] 
office
 shall make a reasonable effort to notify an agency that a
rule is due for review at least 180 days before the deadline described in Subsection (1).
(b) The [
division's
] 
office's
 failure to comply with the requirement described in
Subsection (5)(a) does not exempt an agency from complying with any provision of this
section.
(6) If an agency finds that it will not meet the deadline established in Subsection (1):
(a) before the deadline described in Subsection (1), the agency may file one extension
with the [
division
] 
office
 indicating the reason for the extension; and
(b) the [
division
] 
office
 shall publish notice of the extension in the bulletin in
accordance with the [
division's
] 
office's
 publication schedule established by [
division
] rule
under Section 
63G-3-402
.
(7) An extension permits the agency to comply with the requirements described in
Subsections (1) and (3) up to 120 days after the deadline described in Subsection (1).
(8) (a) If an agency does not comply with the requirements described in Subsection (3),
and does not file an extension under Subsection (6), the rule expires automatically on the day
immediately after the date of the missed deadline.
(b) If an agency files an extension under Subsection (6) and does not comply with the
requirements described in Subsection (3) within 120 days after the day on which the deadline
described in Subsection (1) expires, the rule expires automatically on the day immediately after
the date of the missed deadline.
(9) After a rule expires under Subsection (8), the [
division
] 
office
 shall:
(a) publish a notice in the next issue of the bulletin that the rule has expired and is no
longer enforceable;
(b) remove the rule from the code; and
(c) notify the agency that the rule has expired.
(10) After a rule expires, an agency must comply with the requirements of Section
63G-3-301
 to reenact the rule.
Section 14. Section 
63G-3-401
 is amended to read:
63G-3-401.
Office of Administrative Rules created -- Coordinator.
(1) There is created within the Department of Administrative Services the [
Division
]
Office
 of Administrative Rules, to be administered by a [
director
] 
coordinator
.
[
(2) The director of administrative rules shall be appointed by the executive director
with the approval of the governor.
]
(2) The coordinator shall hire, train, and supervise staff necessary for the office to carry
out the provisions of this chapter.
Section 15. Section 
63G-3-402
 is amended to read:
63G-3-402.
Office of Administrative Rules -- Duties generally.
(1) The [
Division of Administrative Rules
] 
office
 shall:
[
(a) establish all filing, publication, and hearing procedures necessary to make rules
under this chapter;
]
[
(b)
] 
(a)
 record in a register the receipt of all agency rules, rule analysis forms, and
notices of effective dates;
[
(c)
] 
(b)
 make the register, copies of all proposed rules, and rulemaking documents
available for public inspection;
[
(d)
] 
(c)
 publish all proposed rules, rule analyses, notices of effective dates, and review
notices in the bulletin at least monthly, except that the [
division
] 
office
 may publish the
complete text of any proposed rule that the 
executive
 director 
or the executive director's
designee
 determines is too long to print or too expensive to publish by reference to the text
maintained by the [
division
] 
office
;
[
(e)
] 
(d)
 compile, format, number, and index all effective rules in an administrative
code, and periodically publish that code and supplements or revisions to it;
[
(f)
] 
(e)
 publish a digest of all rules and notices contained in the most recent bulletin;
[
(g)
] 
(f)
 publish at least annually an index of all changes to the administrative code and
the effective date of each change;
[
(h)
] 
(g)
 print, or contract to print, all rulemaking publications the [
division
] 
executive
director
 determines necessary to implement this chapter;
[
(i)
] 
(h)
 distribute without charge the bulletin and administrative code to
state-designated repositories, the Administrative Rules Review Committee, the Office of
Legislative Research and General Counsel, and the two houses of the Legislature;
[
(j)
] 
(i)
 distribute without charge the digest and index to state legislators, agencies,
political subdivisions on request, and the Office of Legislative Research and General Counsel;
[
(k)
] 
(j)
 distribute, at prices covering publication costs, all paper rulemaking
publications to all other requesting persons and agencies;
[
(l)
] 
(k)
 provide agencies assistance in rulemaking;
[
(m)
] 
(l)
 if the [
Department of Administrative Services
] 
department
 operates the
[
division
] 
office
 as an internal service fund agency in accordance with Section 
63A-1-109.5
,
submit to the Rate Committee established in Section 
63A-1-114
:
(i) the proposed rate and fee schedule as required by Section 
63A-1-114
; and
(ii) other information or analysis requested by the Rate Committee; [
and
]
[
(n)
] 
(m)
 administer this chapter and require state agencies to comply with filing,
publication, and hearing procedures[
.
]
; and
(n) make technological improvements to the rulemaking process, including
improvements to automation and digital accessibility.
(2) The department shall establish by rule in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, all filing, publication, and hearing procedures necessary
to make rules under this chapter.
[
(2)
] 
(3)
 The [
division
] 
office
 may after notifying the agency make nonsubstantive
changes to rules filed with the [
division
] 
office
 or published in the bulletin or code by:
(a) implementing a uniform system of formatting, punctuation, capitalization,
organization, numbering, and wording;
(b) correcting obvious errors and inconsistencies in punctuation, capitalization,
numbering, referencing, and wording;
(c) changing a catchline to more accurately reflect the substance of each section, part,
rule, or title;
(d) updating or correcting annotations associated with a section, part, rule, or title; and
(e) merging or determining priority of any amendment, enactment, or repeal to the
same rule or section made effective by an agency.
[
(3)
] 
(4)
 In addition, the [
division
] 
office
 may make the following nonsubstantive
changes with the concurrence of the agency:
(a) eliminate duplication within rules;
(b) eliminate obsolete and redundant words; and
(c) [
correcting
] 
correct
 defective or inconsistent section and paragraph structure in
arrangement of the subject matter of rules.
[
(4)
] 
(5)
 For nonsubstantive changes made in accordance with Subsection [
(2) or (3)
]
(3) or (4)
 after publication of the rule in the bulletin, the [
division
] 
office
 shall publish a list of
nonsubstantive changes in the bulletin. For each nonsubstantive change, the list shall include:
(a) the affected code citation;
(b) a brief description of the change; and
(c) the date the change was made.
[
(5)
] 
(6)
 All funds appropriated or collected for publishing the [
division's
] 
office's
publications shall be nonlapsing.
Section 16. Section 
63G-3-403
 is amended to read:
63G-3-403.
Repeal and reenactment of Utah Administrative Code.
(1) When the 
executive
 director determines that the Utah Administrative Code requires
extensive revision and reorganization, the [
division
] 
office
 may repeal the code and reenact a
new code according to the requirements of this section.
(2) The [
division
] 
office
 may:
(a) reorganize, reformat, and renumber the code;
(b) require each agency to review its rules and make any organizational or substantive
changes according to the requirements of Section 
63G-3-303
; and
(c) require each agency to prepare a brief summary of all substantive changes made by
the agency.
(3) The [
division
] 
office
 may make nonsubstantive changes in the code by:
(a) adopting a uniform system of punctuation, capitalization, numbering, and wording;
(b) eliminating duplication;
(c) correcting defective or inconsistent section and paragraph structure in arrangement
of the subject matter of rules;
(d) eliminating all obsolete or redundant words;
(e) correcting obvious errors and inconsistencies in punctuation, capitalization,
numbering, referencing, and wording;
(f) changing a catchline to more accurately reflect the substance of each section, part,
rule, or title;
(g) updating or correcting annotations associated with a section, part, rule, or title; and
(h) merging or determining priority of any amendment, enactment, or repeal to the
same rule or section made effective by an agency.
(4) (a) To inform the public about the proposed code reenactment, the [
division
] 
office
shall publish in the bulletin:
(i) notice of the code reenactment;
(ii) the date, time, and place of a public hearing where members of the public may
comment on the proposed reenactment of the code;
(iii) locations where the proposed reenactment of the code may be reviewed; and
(iv) agency summaries of substantive changes in the reenacted code.
(b) To inform the public about substantive changes in agency rules contained in the
proposed reenactment, each agency shall:
(i) make the text of their reenacted rules available:
(A) for public review during regular business hours; and
(B) in an electronic version; and
(ii) comply with the requirements of Subsection 
63G-3-301
(10).
(5) The [
division
] 
office
 shall hold a public hearing on the proposed code reenactment
no fewer than 30 days nor more than 45 days after the publication required by Subsection
(4)(a).
(6) The [
division
] 
office
 shall distribute complete text of the proposed code
reenactment without charge to:
(a) state-designated repositories in Utah;
(b) the Administrative Rules Review Committee; and
(c) the Office of Legislative Research and General Counsel.
(7) The former code is repealed and the reenacted code is effective at noon on a date
designated by the [
division
] 
office
 that is not fewer than 45 days nor more than 90 days after
the publication date required by this section.
(8) Repeal and reenactment of the code meets the requirements of Section 
63G-3-305
for a review of all agency rules.
Section 17. 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:
(i) 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, no more than three of whom may be from the same political party.
(b) Each permanent member shall serve:
(i) for a two-year term; or
(ii) until the permanent member's successor is appointed.
(c) (i) A vacancy exists when a permanent member ceases to be a member of the
Legislature, or when a permanent member resigns from the committee.
(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.
(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.
(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) The [
division
] 
office
 shall submit a copy of each issue of the bulletin to the
committee.
(3) (a) The committee shall exercise continuous oversight of the rulemaking process.
(b) The committee shall examine each rule submitted by an agency to determine:
(i) whether the rule is authorized by statute;
(ii) whether the rule complies with legislative intent;
(iii) the rule's impact on the economy and the government operations of the state and
local political subdivisions; and
(iv) the rule's impact on affected persons.
(c) To carry out these duties, the committee may examine any other issues that the
committee considers necessary. The committee may also notify and refer rules to the chairs of
the interim committee 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 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.
(5) The committee may request that the Office of the Legislative Fiscal Analyst prepare
a fiscal note on any rule.
(6) In order to accomplish the committee's functions described in this chapter, the
committee has all the powers granted to legislative interim committees under Section 
36-12-11
.
(7) (a) The committee may prepare written findings of the committee's review of a rule
and may include any recommendations, including legislative action.
(b) When the committee reviews a rule, the committee shall provide to the agency that
enacted the rule:
(i) the committee's findings, if any; and
(ii) a request that the agency notify the committee of any changes the agency makes to
the rule.
(c) The committee shall provide a copy of the committee's findings, if any, to:
(i) any member of the Legislature, upon request;
(ii) any person affected by the rule, 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.
(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) any findings and recommendations the committee made under Subsection (7);
(ii) any action an agency took in response to committee recommendations; and
(iii) any recommendations by the committee for legislation.
Section 18. Section 
63G-3-702
 is amended to read:
63G-3-702.
Utah Administrative Code -- Organization -- Official compilation.
(1) The Utah Administrative Code shall be divided into three parts:
(a) titles, whose number shall begin with "R";
(b) rules; and
(c) sections.
(2) All sections contained in the code are referenced by a three-part number indicating
its location in the code.
(3) The [
division
] 
office
 shall maintain the official compilation of the code and is the
state-designated repository for administrative rules. If a dispute arises in which there is more
than one version of a rule, the latest effective version on file with the [
division
] 
office
 is
considered the correct, current version.
Section 19. Section 
63J-1-602.4
 is amended to read:
63J-1-602.4.
List of nonlapsing funds and accounts -- Title 61 through Title 63N.
(1) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(2) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(3) Certain funds donated to the Department of Human Services, as provided in
Section 
62A-1-111
.
(4) Appropriations from the National Professional Men's Basketball Team Support of
Women and Children Issues Restricted Account created in Section 
62A-1-202
.
(5) Certain funds donated to the Division of Child and Family Services, as provided in
Section 
62A-4a-110
.
(6) Appropriations from the Choose Life Adoption Support Restricted Account created
in Section 
62A-4a-608
.
(7) Appropriations to the Division of Services for People with Disabilities, as provided
in Section 
62A-5-102
.
(8) Appropriations to the Division of Fleet Operations for the purpose of upgrading
underground storage tanks under Section 
63A-9-401
.
(9) A portion of the funds appropriated to the Utah Seismic Safety Commission, as
provided in Section 
63C-6-104
.
(10) Funds appropriated or collected for publishing the [
Division
] 
Office
 of
Administrative Rules' publications, as provided in Section 
63G-3-402
.
(11) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(12) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(13) Appropriations to fund the Governor's Office of Economic Development's
Enterprise Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
(14) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(15) Certain money payable for commission expenses of the Pete Suazo Utah Athletic
Commission, as provided under Section 
63N-10-301
.