Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 87 (2016GS)

Sponsor

Sen. Stephenson, H.

Final action

Governor Vetoed 3/30/2016

Outcome

Vetoed

Summary

What it does

• This bill:
• provides that under certain circumstances, the State Board of Education is exempt from the public hearing requirements described in the Utah Administrative Rulemaking Act.

Every vote on this bill

Bill text

ADMINISTRATIVE RULEMAKING ACT MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Howard A. Stephenson
House Sponsor: 
Curtis Oda
LONG TITLE
General Description:
This bill modifies provisions of the Utah Administrative Rulemaking Act relating to
public hearings.
Highlighted Provisions:
This bill:
▸ provides that under certain circumstances, the State Board of Education is exempt
from the public hearing requirements described in the Utah Administrative
Rulemaking Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-3-302
, as renumbered and amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-3-302
 is amended to read:
63G-3-302.
Public hearings.
(1) [
Each
] 
An
 agency may hold a public hearing on a proposed rule[
, amendment to a
rule, or repeal of a rule
] during the public comment period.
(2) [
Each
] 
(a) Except as provided in Subsection (3), an
 agency shall hold a public
hearing on a proposed rule[
, amendment to a rule, or repeal of a rule
] if:
[
(a)
] 
(i)
 a public hearing is required by state or federal mandate; 
or
[
(b) (i)
] 
(ii) (A) a public hearing is requested by
 another state agency, 10 interested
persons, or an interested association [
having not fewer than
] 
that has at least
members
[
request a public hearing
]; and
[
(ii)
] 
(B)
 the agency receives the request in writing not more than 15 days after [
the
publication date of
] 
the day on which
 the proposed rule 
is published in the bulletin
.
[
(3) The
] 
(b) An
 agency shall hold [
the
] 
a
 hearing 
described in Subsection (2)(a)
:
[
(a)
] 
(i)
 before 
the day on which
 the 
proposed
 rule becomes effective; and
[
(b)
] 
(ii)
 no less than seven days [
nor
] 
but no
 more than 30 days after [
receipt of the
request for
] 
the day on which the agency receives the public
 hearing 
request
.
(3) This section does not apply to the State Board of Education if, before filing a
proposed rule with the division, the State Board of Education:
(a) discusses the proposed rule at a meeting that is open to the public under Title 52,
Chapter 4, Open and Public Meetings Act;
(b) during the meeting described in Subsection (3)(a):
(i) accepts public comment on the proposed rule; and
(ii) allows each speaker at least:
(A) five minutes to present the speaker's comments; or
(B) 15 minutes to present the speaker's comments, if the speaker is speaking on behalf
of an organization or association that represents 10 or more individuals; and
(c) makes the proposed rule available to the public on the State Board of Education's
website at least 21 days before the day on which the State Board of Education holds the
meeting described in Subsection (3)(a).
(4) A meeting of a portion of or a committee of the State Board of Education does not
satisfy the requirement described in Subsection (3)(a).