Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 268 (2025GS)

Sponsor

Sen. McCay, Daniel

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to the Rules Review and General Oversight Committee (committee) and opening bill files for drafting legislation;
• allows the committee to have closed meetings under certain circumstances; and
• allows the committee to delay the effective date of certain administrative rules.

Every vote on this bill

Bill text

10
36-35-102
52-4-205
63G-3-301
63G-3-304.1
0
Rules Review and General Oversight Committee Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: Stephanie Gricius
LONG TITLE
General Description:
This bill amends provisions related to the Rules Review and General Oversight Committee.
Highlighted Provisions:
This bill:
amends provisions related to the Rules Review and General Oversight Committee 
(committee) and opening bill files for drafting legislation;
allows the committee to have closed meetings under certain circumstances; and
allows the committee to delay the effective date of certain administrative rules.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-35-102
, as renumbered and amended by Laws of Utah 2024, Chapter 178
52-4-205
, as last amended by Laws of Utah 2024, Chapters 135, 288, 506, and 524
63G-3-301
, as last amended by Laws of Utah 2024, Chapter 178
ENACTS:
63G-3-304.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
36-35-102
 is amended to read:
36-35-102
. Rules Review and General Oversight Committee.
(1)
(a)
There is created a Rules Review and General Oversight 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 and court rules, amendments to existing agency 
rules and court rules, and repeals of existing agency rules and court rules.
(ii)
The committee chairs may suspend the meeting requirement described in 
Subsection (1)(f)(i) at the committee chairs' discretion.
(2)
The office shall submit a copy of each issue of the bulletin to the committee.
(3)
(a)
The committee shall exercise continuous oversight of the administrative 
rulemaking process under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
and shall, for each general session of the Legislature, request legislation that 
considers legislative reauthorization of agency rules as provided under Section 
63G-3-502
.
(b)
The committee shall examine each agency rule, including any agency rule made 
according to the emergency rulemaking procedure described in Section 
63G-3-304
, 
submitted by an agency to determine:
(i)
whether the agency rule is authorized by statute;
(ii)
whether the agency rule complies with legislative intent;
(iii)
the agency rule's impact on the economy and the government operations of the 
state and local political subdivisions;
(iv)
the agency rule's impact on affected persons;
(v)
the agency rule's total cost to entities regulated by the state;
(vi)
the agency rule's benefit to the citizens of the state; and
(vii)
whether adoption of the agency rule requires legislative review or approval.
(c)
(i)
The committee may examine and review:
(A)
(i)
any executive order issued pursuant to Title 53, Chapter 2a, Part 2, Disaster 
Response and Recovery Act;
(B)
(ii)
any public health order issued during a public health emergency declared in 
accordance with Title 26A, Local Health Authorities, or Title 26B, Utah Health 
and Human Services Code;
 or
(C)
(iii)
any agency policy that:
(I)
(A)
affects a class of persons other than the agency; or
(II)
(B)
is contrary to legislative intent
;
(iv)
in accordance with Subsection (10), an individual child welfare case; or
(v)
in accordance with Subsection (11), information from an agency that is subject to 
a confidentiality agreement
.
(ii)
(d)
If the committee chooses to examine or review an order or policy described in 
Subsection 
(3)(c)(i)
(3)(c)
, the agency that issued the order or policy shall, upon 
request by the committee, provide to the committee:
(A)
(i)
a copy of the order or policy; and
(B)
(ii)
information related to the order or policy.
(d)
(e)
The committee shall review court rules as provided in Section 
36-35-103
 and 
Section 
36-35-104
.
(4)
(a)
To carry out the requirements of Subsection (3), the committee may examine any 
other issues that the committee considers necessary.
(b)
Notwithstanding anything to the contrary in this section, the committee may not 
examine the internal policies, procedures, or practices of an agency or judicial branch 
entity.
(c)
In reviewing a rule, the committee shall follow generally accepted principles of 
statutory construction.
(5)
When the committee reviews an existing rule, the committee chairs:
(a)
shall invite the Senate and House chairs of the standing committee and of the 
appropriation subcommittee that have jurisdiction over the agency or judicial branch 
entity whose existing rule is being reviewed to participate as nonvoting, ex officio 
members with the committee during the review of the rule; and
(b)
may notify and refer the rule to the chairs of the interim committee that has 
jurisdiction over a particular agency or judicial branch entity when the committee 
determines that an issue involved in the rule may be more appropriately addressed by 
that committee.
(6)
The committee may request that the Office of the Legislative Fiscal Analyst prepare a 
fiscal note on any rule or proposal for court rule.
(7)
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
.
(8)
(a)
The committee may prepare written findings of the committee's review of a rule, 
proposal for court rule, policy, practice, or procedure and may include any 
recommendation, including:
(i)
legislative action; 
(ii)
action by a standing committee or interim committee;
(iii)
agency rulemaking action;
(iv)
Supreme Court rulemaking action; or
(v)
Judicial Council rulemaking action.
(b)
When the committee reviews a rule, the committee shall provide to the agency or 
judicial branch entity that enacted the rule:
(i)
the committee's findings, if any; and
(ii)
a request that the agency or judicial branch entity notify the committee of any 
changes the agency or judicial branch entity makes to the rule.
(c)
The committee shall provide a copy of the committee's findings described in 
Subsection (8)(a), 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 or judicial branch entity whose rule, policy, practice, or procedure is 
the subject of the finding; 
(vi)
the Senate and House chairs of the appropriation subcommittee that has 
jurisdiction over the agency or judicial branch entity that made the rule;
(vii)
the governor; and
(viii)
if the findings involve a court rule or judicial branch entity:
(A)
the Judiciary Interim Committee;
(B)
the Supreme Court; and
(C)
the Judicial Council.
(9)
(a)
(i)
The committee may submit a report on the committee's review under this 
section to each member of the Legislature at each regular session.
(ii)
The report shall include:
(A)
any finding or recommendation the committee made under Subsection (8);
(B)
any action an agency, the Supreme Court, or the Judicial Council took in 
response to a committee recommendation; and
(C)
any recommendation by the committee for legislation.
(b)
If the committee receives a recommendation not to reauthorize an agency rule, as 
described in Subsection 
63G-3-301
(13)(b), and the committee recommends to the 
Legislature reauthorization of the agency rule, the committee shall submit a report to 
each member of the Legislature detailing the committee's decision.
(c)
If the committee recommends legislation, the committee may prepare legislation for 
consideration by the Legislature at the next general session.
The committee may 
open a committee bill file to draft legislation by:
(i)
committee vote; or
(ii)
the House and Senate chairs agreeing to open a committee bill file if:
(A)
the committee has voted to grant the chairs the ability to open committee bill 
files in the first meeting of the committee after the Legislature has adjourned 
sine die from the annual general session; and
(B)
the chairs open a committee bill during the calendar year in which the vote 
described in Subsection (9)(c)(ii)(A) has occurred.
(10)
Notwithstanding any other provision of this section, when reviewing and discussing an 
individual child welfare case under Subsection (3)(c)(iv):
(a)
the committee:
(i)
 shall close the committee's meeting in accordance with Title 52, Chapter 4, Open 
and Public Meetings Act;
(ii)
 shall make reasonable efforts to identify and consider the concerns of all parties 
to the case; and
(iii)
 may not make recommendations to the court, the division, or any other public or 
private entity regarding the disposition of an individual child welfare case;
(b)
a record of the committee regarding an individual child welfare case:
(i)
is classified as private under Section 
63G-2-302
; and
(ii)
may be disclosed only in accordance with federal law and Title 63G, Chapter 2, 
Government Records Access and Management Act; and
(c)
any documents received by the committee from the Division of Child and Family 
Services shall maintain the same classification under Title 63G, Chapter 2, 
Government Records Access and Management Act, that was designated by the 
Division of Child and Family Services.
(11)
Notwithstanding any other provision of this section, when reviewing information 
described in Subsection 
(3)(c)(v)
:
(a)
the committee shall close the committee's meeting in accordance with Title 52, 
Chapter 4, Open and Public Meetings Act;
(b)
a record of the committee regarding the information:
(i)
is classified as private under Section 
63G-2-302
; and
(ii)
may be disclosed only in accordance with federal law and Title 63G, Chapter 2, 
Government Records Access and Management Act; and
(c)
any documents received by the committee when reviewing the information shall 
maintain the same classification under Title 63G, Chapter 2, Government Records 
Access and Management Act, that was designated by the government entity.
Section 2, Section 
52-4-205
 is amended to read:
52-4-205
. Purposes of closed meetings -- Certain issues prohibited in closed 
meetings.
(1)
A closed meeting described under Section 
52-4-204
 may only be held for:
(a)
except as provided in Subsection (3), discussion of the character, professional 
competence, or physical or mental health of an individual;
(b)
strategy sessions to discuss collective bargaining;
(c)
strategy sessions to discuss pending or reasonably imminent litigation;
(d)
strategy sessions to discuss the purchase, exchange, or lease of real property, 
including any form of a water right or water shares, or to discuss a proposed 
development agreement, project proposal, or financing proposal related to the 
development of land owned by the state, if public discussion would:
(i)
disclose the appraisal or estimated value of the property under consideration; or
(ii)
prevent the public body from completing the transaction on the best possible 
terms;
(e)
strategy sessions to discuss the sale of real property, including any form of a water 
right or water shares, if:
(i)
public discussion of the transaction would:
(A)
disclose the appraisal or estimated value of the property under consideration; 
or
(B)
prevent the public body from completing the transaction on the best possible 
terms;
(ii)
the public body previously gave public notice that the property would be offered 
for sale; and
(iii)
the terms of the sale are publicly disclosed before the public body approves the 
sale;
(f)
discussion regarding deployment of security personnel, devices, or systems;
(g)
investigative proceedings regarding allegations of criminal misconduct;
(h)
as relates to the Independent Legislative Ethics Commission, conducting business 
relating to the receipt or review of ethics complaints;
(i)
as relates to an ethics committee of the Legislature, a purpose permitted under 
Subsection 
52-4-204
(1)(a)(iii)(C);
(j)
as relates to the Independent Executive Branch Ethics Commission created in Section 
63A-14-202
, conducting business relating to an ethics complaint;
(k)
as relates to a county legislative body, discussing commercial information as defined 
in Section 
59-1-404
;
(l)
as relates to the Utah Higher Education Savings Board of Trustees and its appointed 
board of directors, discussing fiduciary or commercial information;
(m)
deliberations, not including any information gathering activities, of a public body 
acting in the capacity of:
(i)
an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, 
during the process of evaluating responses to a solicitation, as defined in Section 
63G-6a-103
;
(ii)
a protest officer, defined in Section 
63G-6a-103
, during the process of making a 
decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
(iii)
a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement 
Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 
17, Procurement Appeals Board;
(n)
the purpose of considering information that is designated as a trade secret, as defined 
in Section 
13-24-2
, if the public body's consideration of the information is necessary 
to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement 
Code;
(o)
the purpose of discussing information provided to the public body during the 
procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the 
time of the meeting:
(i)
the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be 
disclosed to a member of the public or to a participant in the procurement process; 
and
(ii)
the public body needs to review or discuss the information to properly fulfill its 
role and responsibilities in the procurement process;
(p)
as relates to the governing board of a governmental nonprofit corporation, as that 
term is defined in Section 
11-13a-102
, the purpose of discussing information that is 
designated as a trade secret, as that term is defined in Section 
13-24-2
, if:
(i)
public knowledge of the discussion would reasonably be expected to result in 
injury to the owner of the trade secret; and
(ii)
discussion of the information is necessary for the governing board to properly 
discharge the board's duties and conduct the board's business;
(q)
as it relates to the Cannabis Production Establishment Licensing Advisory Board, to 
review confidential information regarding violations and security requirements in 
relation to the operation of cannabis production establishments;
(r)
considering a loan application, if public discussion of the loan application would 
disclose:
(i)
nonpublic personal financial information; or
(ii)
a nonpublic trade secret, as defined in Section 
13-24-2
, or nonpublic business 
financial information the disclosure of which would reasonably be expected to 
result in unfair competitive injury to the person submitting the information;
(s)
a discussion of the board of the Point of the Mountain State Land Authority, created 
in Section 
11-59-201
, regarding a potential tenant of point of the mountain state land, 
as defined in Section 
11-59-102
; or
(t)
a purpose for which a meeting is required to be closed under Subsection (2).
(2)
The following meetings shall be closed:
(a)
a meeting of the Health and Human Services Interim Committee to review a report 
described in Subsection 
26B-1-506
(1)(a), and a response to the report described in 
Subsection 
26B-1-506
(2);
(b)
a meeting of the Child Welfare Legislative Oversight Panel to:
(i)
review a report described in Subsection 
26B-1-506
(1)(a), and a response to the 
report described in Subsection 
26B-1-506
(2); or
(ii)
review and discuss an individual case, as described in Subsection 
36-33-103
(2);
(c)
a meeting of a conservation district as defined in Section 
17D-3-102
 for the purpose 
of advising the Natural Resource Conservation Service of the United States 
Department of Agriculture on a farm improvement project if the discussed 
information is protected information under federal law;
(d)
a meeting of the Compassionate Use Board established in Section 
26B-1-421
 for the 
purpose of reviewing petitions for a medical cannabis card in accordance with 
Section 
26B-1-421
;
(e)
a meeting of the Colorado River Authority of Utah if:
(i)
the purpose of the meeting is to discuss an interstate claim to the use of the water 
in the Colorado River system; and
(ii)
failing to close the meeting would:
(A)
reveal the contents of a record classified as protected under Subsection 
63G-2-305
(81);
(B)
reveal a legal strategy relating to the state's claim to the use of the water in the 
Colorado River system;
(C)
harm the ability of the Colorado River Authority of Utah or river 
commissioner to negotiate the best terms and conditions regarding the use of 
water in the Colorado River system; or
(D)
give an advantage to another state or to the federal government in negotiations 
regarding the use of water in the Colorado River system;
(f)
a meeting of the General Regulatory Sandbox Program Advisory Committee if:
(i)
the purpose of the meeting is to discuss an application for participation in the 
regulatory sandbox as defined in Section 
63N-16-102
; and
(ii)
failing to close the meeting would reveal the contents of a record classified as 
protected under Subsection 
63G-2-305
(82);
 and
(g)
a meeting of a project entity if:
(i)
the purpose of the meeting is to conduct a strategy session to discuss market 
conditions relevant to a business decision regarding the value of a project entity 
asset if the terms of the business decision are publicly disclosed before the 
decision is finalized and a public discussion would:
(A)
disclose the appraisal or estimated value of the project entity asset under 
consideration; or
(B)
prevent the project entity from completing on the best possible terms a 
contemplated transaction concerning the project entity asset;
(ii)
the purpose of the meeting is to discuss a record, the disclosure of which could 
cause commercial injury to, or confer a competitive advantage upon a potential or 
actual competitor of, the project entity;
(iii)
the purpose of the meeting is to discuss a business decision, the disclosure of 
which could cause commercial injury to, or confer a competitive advantage upon a 
potential or actual competitor of, the project entity; or
(iv)
failing to close the meeting would prevent the project entity from getting the best 
price on the market
.
; and
(h)
a meeting of the Rules Review and General Oversight Committee to review and 
discuss:
(i)
an individual child welfare case as described in Subsection 
36-35-102(3)
(c); or
(ii)
information that is subject to a confidentiality agreement as described in 
Subsection 
36-35-102(3)(c)
.
(3)
In a closed meeting, a public body may not:
(a)
interview a person applying to fill an elected position;
(b)
discuss filling a midterm vacancy or temporary absence governed by Title 20A, 
Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in 
Elected Office; or
(c)
discuss the character, professional competence, or physical or mental health of the 
person whose name was submitted for consideration to fill a midterm vacancy or 
temporary absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and 
Vacancy and Temporary Absence in Elected Office.
Section 3, 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 office 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 the agency's proposed rule and rule analysis with the office.
(b)
Rule amendments shall be marked with new language underlined and deleted 
language struck out.
(c)
(i)
The 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 director determines that the rule is too long to publish, the office shall 
publish the rule analysis and shall publish the rule by reference to a copy on file 
with the office.
(5)
Before filing a rule with the office, the agency shall conduct a thorough analysis, 
consistent with the criteria established by the Governor's Office of Planning and Budget, 
of the fiscal impact a rule may have on businesses, which criteria may include:
(a)
the type of industries that will be impacted by the rule, and for each identified 
industry, an estimate of the total number of businesses within the industry, and an 
estimate of the number of those businesses that are small businesses;
(b)
the individual fiscal impact that would incur to a typical business for a one-year 
period;
(c)
the aggregated total fiscal impact that would incur to all businesses within the state 
for a one-year period;
(d)
the total cost that would incur to all impacted entities over a five-year period; and
(e)
the department head's comments on the analysis.
(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;
(l)
the agency's analysis on the fiscal impact of the rule as required under Subsection (5);
(m)
any additional comments the department head may choose to submit regarding the 
fiscal impact the rule may have on businesses; and
(n)
if applicable, a summary of the agency's efforts to comply with the requirements of 
Subsection (6).
(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 the agency's 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
,
 and 
63G-3-304.1
,
 a 
proposed rule becomes effective on any date specified by the agency that is:
(i)
no fewer than seven calendar days after the day on which the public comment 
period closes under Subsection (11); and
(ii)
no more than 120 days after the day on which the rule is published.
(b)
The agency shall provide notice of the rule's effective date to the office in the form 
required by the office.
(c)
The notice of effective date may not provide for an effective date before the day on 
which the office receives the notice.
(d)
The 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 office within 120 days after the day on which the rule is published.
(13)
(a)
Except as provided in Subsection (13)(d), before an agency enacts a rule, the 
agency shall submit to the appropriations subcommittee and interim committee with 
jurisdiction over the agency the agency's proposed rule for review, if the proposed 
rule, over a three-year period, has a fiscal impact of more than:
(i)
$250,000 to a single person; or
(ii)
$7,500,000 to a group of persons.
(b)
An appropriations subcommittee or interim committee that reviews a rule submitted 
under Subsection (13)(a) shall:
(i)
before the review, directly inform the chairs of the Rules Review and General 
Oversight Committee of the coming review, including the date, time, and place of 
the review; and
(ii)
after the review, directly inform the chairs of the Rules Review and General 
Oversight Committee of the outcome of the review, including any 
recommendation.
(c)
An appropriations subcommittee or interim committee that reviews a rule submitted 
under Subsection (13)(a) may recommend to the Rules Review and General 
Oversight Committee that the Rules Review and General Oversight Committee not 
recommend reauthorization of the rule in the legislation described in Section 
63G-3-502
.
(d)
The requirement described in Subsection (13)(a) does not apply to:
(i)
the State Tax Commission; or
(ii)
the State Board of Education.
(14)
(a)
As used in this Subsection (14), "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 
day on which the statutory provision that specifically requires the rulemaking takes 
effect, except under Subsection (14)(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 Rules Review and General Oversight Committee for review within 60 
days after the day on which 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 (14)(b), the state agency shall appear before the 
legislative Rules Review and General Oversight Committee and provide the reasons 
for the delay.
Section 4, Section 
63G-3-304.1
 is enacted to read:
63G-3-304.1
. Delaying the effective date of a proposed rule.
(1)
Upon a majority vote of the members of the committee, the Rules Review and General 
Oversight Committee may delay the effective date of a proposed rule promulgated by 
the State Board of Education to a date determined by the committee.
(2)
The Rules Review and General Oversight Committee:
(a)
may choose to delay the effective date of an entire proposed rule, a single section, or 
any complete paragraph of a rule; and
(b)
may not delay the effective day beyond May 15 of the calendar year after the day the 
vote is taken.
(3)
(a)
Upon a majority vote of the members of the committee, the Rules Review and 
General Oversight Committee may remove the delay of effective date described in 
Subsection 
(1)
.
(b)
A rule or section or paragraph of a rule that has had the delay of effective date 
removed under Subsection 
(3)(a)
 goes into effect on a day designated by the State 
Board of Education.
(4)
The Rules Review and General Oversight Committee shall notify the State Board of 
Education and the office of the delay of the effective date.
(5)
A State Board of Education proposed rule's effective date may not be delayed if:
(a)
the rule is explicitly mandated by a federal law or regulation;
(b)
a provision of Utah's constitution vests the State Board of Education with specific 
constitutional authority to promulgate the rule; or
(c)
the rule is an emergency rule filed under Section 
63G-3-304
.
(6)
The office shall make rules in accordance with this chapter to determine how to 
bifurcate a rule that has had a section or paragraph's effective date delayed under this 
section.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 11:14 AM