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H.B. 209
This document includes House Committee Amendments incorporated into the bill on Tue,
Feb 1, 2005 at 2:05 PM by chopkin. -->
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ADMINISTRATIVE RULES - IMPACT ON
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SMALL BUSINESSES
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gregory H. Hughes
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LONG TITLE
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General Description:
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This bill requires state agencies to provide information on the financial impact of their
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rules on businesses, including small businesses.
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Highlighted Provisions:
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This bill:
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. defines "small businesses" under the Utah Administrative Rulemaking Act; and
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. requires state agencies, as part of filing a new administrative rule or an amendment
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to an existing administrative rule, to provide an assessment of the financial impact
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of the new rule or rule change on businesses and on small businesses.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63-46a-2, as last amended by Chapter 197, Laws of Utah 2003
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63-46a-4, as last amended by Chapter 138, Laws of Utah 2001
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
63-46a-2
is amended to read:
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63-46a-2. Definitions.
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As used in this chapter:
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(1) "Administrative record" means information an agency relies upon when making a
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rule under this chapter including:
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(a) the proposed rule, change in the proposed rule, and the rule analysis form;
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(b) the public comment received and recorded by the agency during the public
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comment period;
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(c) the agency's response to the public comment;
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(d) the agency's analysis of the public comment; and
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(e) the agency's report of its decision-making process.
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(2) "Agency" means each state board, authority, commission, institution, department,
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division, officer, or other state government entity other than the Legislature, its committees, the
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political subdivisions of the state, or the courts, which is authorized or required by law to make
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rules, adjudicate, grant or withhold licenses, grant or withhold relief from legal obligations, or
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perform other similar actions or duties delegated by law.
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(3) "Bulletin" means the Utah State Bulletin.
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(4) "Catchline" means a short summary of each section, part, rule, or title of the code
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that follows the section, part, rule, or title reference placed before the text of the rule and serves
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the same function as boldface in legislation as described in Section
68-3-13
.
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(5) "Code" means the body of all effective rules as compiled and organized by the
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division and entitled "Utah Administrative Code."
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(6) "Director" means the director of the Division of Administrative Rules.
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(7) "Division" means the Division of Administrative Rules.
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(8) "Effective" means operative and enforceable.
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(9) (a) "File" means to submit a document to the division as prescribed by the division.
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(b) "Filing date" means the day and time the document is recorded as received by the
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division.
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(10) "Interested person" means any person affected by or interested in a proposed rule,
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amendment to an existing rule, or a nonsubstantive change made under Section
63-46a-10
.
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(11) "Order" means an agency action that determines the legal rights, duties, privileges,
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immunities, or other interests of one or more specific persons, but not a class of persons.
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(12) "Person" means any individual, partnership, corporation, association,
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governmental entity, or public or private organization of any character other than an agency.
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(13) "Publication" or "publish" means making a rule available to the public by
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including the rule or a summary of the rule in the bulletin.
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(14) "Publication date" means the inscribed date of the bulletin.
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(15) "Register" may include an electronic database.
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(16) (a) "Rule" means an agency's written statement that:
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(i) is explicitly or implicitly required by state or federal statute or other applicable law;
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(ii) implements or interprets a state or federal legal mandate; and
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(iii) applies to a class of persons or another agency.
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(b) "Rule" includes the amendment or repeal of an existing rule.
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(c) "Rule" does not mean:
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(i) orders;
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(ii) an agency's written statement that applies only to internal management and that
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does not restrict the legal rights of a public class of persons or another agency;
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(iii) the governor's executive orders or proclamations;
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(iv) opinions issued by the attorney general's office;
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(v) declaratory rulings issued by the agency according to Section
63-46b-21
except as
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required by Section
63-46a-3
;
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(vi) rulings by an agency in adjudicative proceedings, except as required by Subsection
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63-46a-3
(6); or
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(vii) an agency written statement that is in violation of any state or federal law.
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(17) "Rule analysis" means the format prescribed by the division to summarize and
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analyze rules.
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(18) "Small business" means a business employing fewer than H. [
100
] 50 .H persons
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H. [
or a
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business with less than $2,000,000 in annual gross receipts
] .H .
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[(18)] (19) "Substantive change" means a change in a rule that affects the application
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or results of agency actions.
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Section 2.
Section
63-46a-4
is amended to read:
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63-46a-4. Rulemaking procedure.
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(1) Except as provided in Sections
63-46a-6
and
63-46a-7
, when making, amending, or
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repealing a rule agencies shall comply with:
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(a) the requirements of this section;
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(b) consistent procedures required by other statutes;
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(c) applicable federal mandates; and
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(d) rules made by the division to implement this chapter.
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(2) Subject to the requirements of this chapter, each agency shall develop and use
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flexible approaches in drafting rules that meet the needs of the agency and that involve persons
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affected by the agency's rules.
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(3) (a) Each agency shall file its proposed rule and rule analysis with the division.
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(b) Rule amendments shall be marked with new language underlined and deleted
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language struck out.
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(c) (i) The division shall publish the information required under Subsection (3) on the
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rule analysis and the text of the proposed rule in the next issue of the bulletin.
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(ii) For rule amendments, only the section or subsection of the rule being amended
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need be printed.
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(iii) If the director determines that the rule is too long to publish, the director shall
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publish the rule analysis and shall publish the rule by reference to a copy on file with the
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division.
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(4) Prior to filing a rule with the division, the department head shall consider and
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comment on the fiscal impact a rule may have on businesses.
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(5) The rule analysis shall contain:
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(a) a summary of the rule or change;
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(b) the purpose of the rule or reason for the change;
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(c) the statutory authority or federal requirement for the rule;
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(d) the anticipated cost or savings to:
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(i) the state budget;
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(ii) local governments; [and]
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(iii) small businesses;
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(iv) business in general; and
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[(iii)] (v) other persons;
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(e) the compliance cost for affected persons;
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(f) how interested persons may review the full text of the rule;
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(g) how interested persons may present their views on the rule;
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(h) the time and place of any scheduled public hearing;
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(i) the name and telephone number of an agency employee who may be contacted
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about the rule;
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(j) the name of the agency head or designee who authorized the rule;
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(k) the date on which the rule may become effective following the public comment
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period; and
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(l) comments by the department head on the fiscal impact the rule may have on
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businesses.
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(6) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
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summary that generally includes the following:
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(i) a summary of substantive provisions in the repealed rule which are eliminated from
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the enacted rule; and
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(ii) a summary of new substantive provisions appearing only in the enacted rule.
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(b) The summary required under this Subsection (6) is to aid in review and may not be
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used to contest any rule on the ground of noncompliance with the procedural requirements of
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this chapter.
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(7) A copy of the rule analysis shall be mailed to all persons who have made timely
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request of the agency for advance notice of its rulemaking proceedings and to any other person
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who, by statutory or federal mandate or in the judgment of the agency, should also receive
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notice.
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(8) Following the publication date, the agency shall allow at least 30 days for public
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comment on the rule.
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(9) (a) Except as provided in Sections
63-46a-6
and
63-46a-7
, a proposed rule becomes
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effective on any date specified by the agency that is no fewer than 30 nor more than 120 days
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after the publication date.
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(b) The agency shall provide notice of the rule's effective date to the division in the
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form required by the division.
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(c) The notice of effective date may not provide for an effective date prior to the date it
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is received by the division.
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(d) The division shall publish notice of the effective date of the rule in the next issue of
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the bulletin.
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(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
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not filed with the division within 120 days of publication.
Legislative Review Note
as of 1-14-05 11:36 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.