Sec. CHAPTER 55.-SUNSET ACT 63-55-1. Short title. 63-55-2. Periodic termination of boards, divisions, offices, and agencies-Legislative review. 63-55-3. Guidelines for conduct of review. 63-55-4. Terminated authority-Winding up of affairs. 63-55-5. Reviewing committee-Report of recommendations. 63-55-6. Legislative reauthorization of necessary authority. 63-55-7. Special repeal of acts-Effective dates. 63-55-1. Short title.-This act shall be known and may be cited as the "Utah Sunset Act." History: L. 1977, ch. 240, § 1. Title of Act. An act relating to state government; providing for the scheduled termination of legislatively created state regulatory and licensing boards, divisions, offices, and agencies every six years; providing for legislative review before scheduled termination; providing guidelines for the conduct of such review; and providing for legislative reauthorization of terminated state boards, divisions, offices and agencies.Laws 1977, ch. 240. Collateral References. 81A C.J.S. States § 82. 63 Am. Jur. 2d 638, 645-649, Public Officers and Employees §§ 17, 30, 33-37. 63-55-2. Periodic termination of boards, divisions, offices, and agencies-Legislative review.-The legislature finds that no profession, occupation, or business should be subject to state regulation unless the exercise of such power is necessary to protect for health, safety, and welfare of its citizens. In order to make state government more productive and responsive to the people, it is necessary to place all regulatory boards, divisions, offices, and agencies, set forth in section 63-55-7, on a six-year reauthorization schedule, Any state board, division, office or agency scheduled for termination under this act shall terminate unless the legislature through affirmative act reauthorizes its continued existence for another six years. In no event shall the continued existence of a board, division, office, or agency subject to this act be reauthorized for a period of more than six years. History: L. 1977, ch. 240, § 2; 1979, ch. 226, § 1. Compiler's Notes. The 1979 amendment, in the second paragraph substituted "regulatory boards" for "legislatively created state boards"; inserted "set forth in section 63-55-7"; and made minor changes in punctuation. 63-55-3. Guidelines for conduct of review.-Legislative study committees or other committees assigned by the legislative management committee shall review each state board division, office, and agency scheduled for termination. Such review shall begin not later than one year before scheduled termination and end before January 1 of the year in which termination is scheduled. In deter mining whether to reauthorize the authority, the legislature shall consider the following: (1) The extent to which the board, division, office or agency has operated in the public interest; (2) The extent to which existing statutes [interfere] with or assist the legitimate functions of the agency, and any other circumstances including budgetary, resource, and personnel matters, that have a bearing on the capacity of the agency to serve the public interest; (3) The extent to which the public has been encouraged to participate in the promulgation of its rules and regulations; (4) The extent to which its programs and services are duplicative those offered by other state agencies; (5) The extent to which the objectives of the authority have been accomplished and their public benefit; (6) The adverse effect on the public, if any, of termination of the authority; and (7) Any other matter deemed relevant. History: L. 1977, ch. 240, §3. Compiler's Notes. The word "interfere' in subd. (2) was bracketed by the compiler because it was spelled "interfer" in the act.) 63-55-4. Terminated authority-Winding up of affairs.-Any authority terminated under this act may continue in existence, if necessary to wind up its affairs, until July 1 of the year next succeeding the year of termination. History: L. 1977, ch. 240, § 4. 63-55-5. Reviewing committee-Report of recommendations.The reviewing committee shall submit a report of its recommendations including proposed legislation and recommendations concerning functions and programs for which the authority is responsible to the speaker of the house and the president of the senate for distribution to legislators before January 1 of the year in which a respective authority is scheduled for termination. History: L. 1977, ch. 240, §5. 63-55-6. Legislative reauthorization of necessary authority.If the legislature determines that the public interest requires the continued existence of the authority, it shall enact appropriate legislation to reauthorize the authority. History: L. 1977, ch. 240, § 6. 63-55-7. Specific repeal of acts-Effective dates.-The following titles, chapters, and sections are hereby repealed effective on the dates indicated in the subsections of this section and the state boards, divisions, offices, and agencies governed thereby are terminated as of that date pending reauthorization by the legislature. (1) The following chapters of title 58, (Department of Registration and laws pertaining to regulated professions, trades and occupations), are repealed effective on the dates set forth below: 8 Dental Hygienists' Act. 9 Embalmers and funeral directors. Cosmetologists, manicurists and electrologists... Practice of medicine and surgery and the treatment of human ailments.. 12b Board of pharmacy 15 Nursing and maternity homes and refuges 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 Optometrists.... Phamacists Plumbers...... Prophylactics.. Engineers and land surveyors Physical Therapy Practice Act. Public accountants. Basic science law. Money order vendors..... Debt management business... Nurse Practice Act........ Sprinkler and irrigation fitters. Landscape architects Social work.. Electricians... Controlled substances. Electrical repair dealers 39 Marriage and family counselors.. (2) Chapter 56 of title 78 (court reporters and stenographers and related laws) is repealed effective July 1, 1981. (3) The following chapters of title 61, (Utah Uniform Securities Act, State Securities Commission, Board of Real Estate Examiners and laws pertaining to real estate brokers), are repealed on the dates set forth below: (4) Chapter 4 of title 8, (Cemetery Board within the Department of Business Regulation, its duties and reponsibilities) is repealed effective July 1, 1983. (5) The following chapters of title 13, (Department of Business Regulation and Trade Commission of Utah, its duties and responsibilities) are repealed on the dates set forth below: The 1979 amendment rewrote this section. For prior version, see parent volume. 84-777 0-82--30 |