Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 198 (2025GS)

Sponsor

Sen. Stratton, Keven J.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires a state agency to publish certain federal guidance letter information received by the state agency on public websites and transmit copies to the Legislature; and
• establishes standards for federal guidance letter information published on a state agency's website.

Every vote on this bill

Bill text

4
63G-16-301
63G-16-302
63G-16-301
63G-16-302
0
Federal Guidance Letter Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill establishes publication and reporting requirements for federal guidance letters 
received by state agencies.
Highlighted Provisions:
This bill:
defines terms;
requires a state agency to publish certain federal guidance letter information received by 
the state agency on public websites and transmit copies to the Legislature; and
establishes standards for federal guidance letter information published on a state agency's 
website.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63G-16-301
, Utah Code Annotated 1953
63G-16-302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63G-16-301
 is enacted to read:
3. Federal Guidance Letters
63G-16-301
. Definitions.
As used in this part:
(1)
"Applicable federal agency" means the federal agency that issued a federal guidance 
letter.
(2)
"Federal agency" means a department, agency, authority, commission, council, board, 
office, bureau, or other administrative unit of the executive branch of the United States 
government.
(3)
(a)
"Federal guidance letter" means a written statement by a federal agency, 
regardless of format, that:
(i)
clarifies or provides instruction on:
(A)
the federal agency's interpretation of a federal law; or
(B)
the federal agency's policies for administering a federal law; and
(ii)
is nonbinding and of general applicability.
(b)
"Federal guidance letter" does not include:
(i)
a written communication between a federal agency and a state agency regarding a 
specific entity;
(ii)
a peer-to-peer communication; or
(iii)
a written communication between a federal agency and the State Tax 
Commission containing guidance related to the protection, storage, or 
safeguarding of confidential information.
(4)
"Federal law" means:
(a)
a statute passed by the United States Congress; or
(b)
a rule or regulation adopted by a federal agency.
(5)
"State agency" means a department, division, board, council, committee, institution, 
office, bureau, or other similar administrative unit of the executive branch of state 
government.
Section 2, Section 
63G-16-302
 is enacted to read:
63G-16-302
. Federal guidance letters received by state agencies -- Publication 
and reporting requirements -- Standards for information published on state agency 
website.
(1)
A state agency shall publish and report federal guidance letters received by the state 
agency in accordance with this section.
(2)
(a)
Beginning July 1, 2025, a state agency that receives a federal guidance letter shall:
(i)
publish the federal guidance letter on:
(A)
the state agency's public website; and
(B)
the Utah Open Data Portal Website created in Section 
63A-16-107
; and
(ii)
transmit a copy of the federal guidance letter to:
(A)
the Legislative Management Committee; and
(B)
the chairs of the Legislature's Federalism Commission.
(b)
A state agency shall comply with the requirements of Subsection 
(2)
(a) within 15 
days from the date on which the state agency receives the federal guidance letter.
(3)
(a)
This Subsection 
(3)
 applies to a state agency that:
(i)
publishes and reports a federal guidance letter in accordance with Subsection 
(2)
; 
and
(ii)
receives a written communication from the applicable federal agency indicating 
that the federal guidance letter has been rescinded.
(b)
A state agency described in Subsection 
(3)(a)
 shall:
(i)
publish the following documents on the websites described in Subsection 
(2)(a)
(i):
(A)
the written communication indicating the federal guidance letter's rescission; 
and
(B)
a disclaimer, linked to the federal guidance letter, notifying the public of the 
federal guidance letter's rescission; and
(ii)
transmit to the entities described in Subsection 
(2)(a)(ii)
 a copy of the written 
communication indicating the federal guidance letter's rescission.
(c)
A state agency shall comply with the requirements of Subsection 
(3)
(b) within 15 
days from the date on which the state agency receives the written communication 
indicating the federal guidance letter's rescission.
(4)
A state agency shall ensure that any information published on the state agency's public 
website under this section is available:
(a)
on a permanent basis;
(b)
in a user-friendly manner; and
(c)
via a link from the main page of the website.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 12:53 PM