SB 148 — General Oversight Amendments

- 9 - SB0148 compared with SB0148S03 (a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under:

Section- 3.9 - S.B.

148 Enrolled Copy Section 3.

19-1-207.19-1-207 (Effective 05/06/26).

- 10 - SB0148 compared with SB0148S03 (3) On or after August 31, 2020, but on or before June 30, 2021, the Air Quality Board, Division of Air Quality, Water Quality Board, or Division of Water Quality may not impose a new fee or increase a fee related to air or water quality pursuant to this title or rules made under this title.

19-5-104.5.19-5-104.5 (Effective 05/06/26) (Repealed 07/01/29).

(1)- Before10 sending- aEnrolled totalCopy maximumS.B. daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load:

148 (1) Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load:

(2)(2)(a) (a) As used in this Subsection (2):

(c)(c)(i) - 11 - SB0148 compared with SB0148S03 (i) If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee.

(ii)(ii)(A) (A) Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee's committee meeting immediately following the day on which the board submits the rule or standard.

(d)- If11 compliance- withS.B. the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature.

(e)148 (i)Enrolled ACopy facility(d) shallIf estimatecompliance with the costrule or standard requires an expenditure of compliance$10,000,000 withor amore, board-proposedthe board shall submit the rule or standard describedfor inapproval Subsectionto (2)(b)the using:Legislature.

(e)(i) A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using:

- 12 - SB0148 compared with SB0148S03 (i) adoption;

26B-1-219.26B-1-219 (Effective 05/06/26).

(1)- As12 used- inEnrolled thisCopy section:S.B.

148 (1) As used in this section:

(b)(b)(i) (i) "Rationing criteria" means any requirement, guideline, process, or recommendation regarding:

-(2)(a) 13 - SB0148 compared with SB0148S03 (2) (a) On or before July 1, 2022, the department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure that the department will follow to adopt, modify, require, facilitate, or recommend rationing criteria.

(i) the [Rules Review and General Oversight ] General Oversight Committee created in- Section13 36-35-102;- S.B.

148 Enrolled Copy in Section 36-35-102;

- 14 - SB0148 compared with SB0148S03 (a) may not be suspended under Section 53-2a-209 or any other provision of state law relating to a state of emergency;

(b) if the modification is solely to correct a technical error in rationing criteria such as correcting obvious errors and inconsistencies including those involving punctuation, capitalization,- cross14 references,- numbering,Enrolled andCopy wording;S.B.

148 capitalization, cross references, numbering, and wording;

26B-3-129.26B-3-129 (Effective 05/06/26).

(1)(1)(a) (a) The department shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in consultation with providers and health care professionals subject to audit and investigation under the state Medicaid program, to establish procedures for audits and investigations that are fair and consistent with the duties of the department as the single state agency responsible for the administration of the Medicaid program under Section 26B-3-108 and Title XIX of the Social Security Act.

and - 15 - SB0148 compared with SB0148S03 (ii) request a review of the rule by the Legislature's [Rules Review and General Oversight ] General Oversight Committee created in Section 36-35-102.

(i) has on staff or contracts with a medical or dental professional who is experienced in- the15 treatment,- billing,S.B. and coding procedures used by the type of provider being audited;

148 Enrolled Copy in the treatment, billing, and coding procedures used by the type of provider being audited;

(3)(3)(a) (a) If the department, or a contractor on behalf of the department:

-(b)(i) 16 - SB0148 compared with SB0148S03 (b) (i) If extrapolation is used under this section, a provider may, at the provider's option, appeal the results of the audit based on:

(ii) Nothing in this section limits a provider's right to appeal the audit under [Title 63G, General Government,{]}Government, ]Title 63G, Chapter 4, Administrative Procedures Act, the Medicaid program and its manual or rules, or other laws or rules that may provide remedies to providers.

Section- 7.16 - Enrolled Copy S.B.

148 Section 7.

36-35-101.36-35-101 (Effective 05/06/26).

- 17 - SB0148 compared with SB0148S03 (f) professional conduct;

or (b)- likely17 to- beS.B. litigated in a court.

148 Enrolled Copy (b) likely to be litigated in a court.

(15) "Whistleblower {compliant} complaint" means a complaint by a current or former agency employee that alleges the employee's employer or former employer is:

36-35-102.36-35-102 (Effective 05/06/26).

(1)(1)(a) (a) There is created [a Rules Review and General Oversight ] the General Oversight Committee consisting of the following [10] 13 permanent members:

- 18 - SB0148 compared with SB0148S03 (i) [five ] six members of the Senate appointed by the president of the Senate, no more than [three] four of whom may be from the same political party;

or] [(ii) until the permanent member's successor is appointed.] (c)(c)(i) (i) A vacancy exists when a permanent member ceases to be a member of the Legislature, when removed by the appointing officer, or when a permanent member- resigns18 from- theEnrolled committee.Copy S.B.

148 member resigns from the committee.

[(iii) The newly appointed member shall serve the remainder of the departing member's unexpired term.] (d)(d)(i) (i) The president of the Senate shall designate a member of the Senate appointed under Subsection (1)(1)(a)(i) (a)(i) as a cochair of the committee.

(f)(f)(i) {[(i) Subject to Subsection (1)(f)(ii), the{]}the The} committee shall meet {[atat 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.{]}rules. at the discretion of the committee chairs.} {[(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.

-(ii) 19The -committee SB0148chairs comparedmay withsuspend SB0148S03the (3)meeting (a)requirement Thedescribed in Subsection (1)(f)(i) at the committee shall:chairs' discretion.

(2) The office shall submit a copy of each issue of the bulletin to the committee.

(3)(a) The committee shall:

(iii)- the19 agency- rule'sS.B. impact on the economy and the government operations of the state and local political subdivisions;

148 Enrolled Copy (iii) the agency rule's impact on the economy and the government operations of the state and local political subdivisions;

- 20 - SB0148 compared with SB0148S03 (d) If the committee chooses to examine or review an order or policy described in Subsection (3)(c), the agency that issued the order or policy shall, upon request by the committee, provide to the committee:

(4)(4)(a) (a) To carry out the requirements of Subsection (3), the committee may examine any other issues that the committee considers necessary.

(c) In reviewing a rule, the committee shall follow generally accepted principles of statutory- construction.20 - Enrolled Copy S.B.

148 statutory construction.

(8)(8)(a) (a) The committee may prepare written findings of the committee's review of a rule, proposal for court rule, policy, practice, [or ]procedure, or legislative issue and may include any recommendation, including:

- 21 - SB0148 compared with SB0148S03 (ii) action by a standing committee or interim committee;

(v)- the21 Senate- andS.B. 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;

148 Enrolled Copy (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;

(9)(9)(a)(i) (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.

- 22 - SB0148 compared with SB0148S03 (B) any action an agency, the Supreme Court, or the Judicial Council took in response to a committee recommendation;

(d) The committee may open the same number of committee bill files that an interim committee may open as described in legislative rule.

[(10) Notwithstanding any other provision of this section, when reviewing and discussing an- individual22 child- welfareEnrolled caseCopy underS.B. 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;

148 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] - 23 - SB0148 compared with SB0148S03 [(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;

Section 936-35-102.5 is enacted to read:

36-35-102.5.36-35-102.5 (Effective 05/06/26).

(ii) shall make reasonable efforts to identify and consider the concerns of all parties to- the23 case;- S.B.

148 Enrolled Copy to the case;

- 24 - SB0148 compared with SB0148S03 (a) the committee shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act;

(3)(3)(a) (a) The committee may close a committee meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act, if the committee is reviewing a matter subject to litigation or a whistleblower complaint.

and (ii) any documents or materials received by the committee when reviewing the matter subject to litigation or whistleblower complaint shall:

or (B)- maintain24 the- sameEnrolled classificationCopy underS.B. Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by a government entity providing the documents or materials.

148 (B) maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by a government entity providing the documents or materials.

52-4-205.52-4-205 (Effective 05/06/26).

- 25 - SB0148 compared with SB0148S03 (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 or a political subdivision, if public discussion would:

(i)- as25 relates- toS.B. an ethics committee of the Legislature, a purpose permitted under Section 52-4-204;

148 Enrolled Copy (i) as relates to an ethics committee of the Legislature, a purpose permitted under Section 52-4-204;

or - 26 - SB0148 compared with SB0148S03 (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;

(i) public knowledge of the discussion would reasonably be expected to result in injury- to26 the- ownerEnrolled ofCopy theS.B. trade secret;

148 injury to the owner of the trade secret;

[or] (t) as it relates to the General Oversight Committee, discussing matters subject to {ligation } litigation and {whisleblower } whistleblower complaints as described in Subsection 36-35-102.5(3);

or - 27 - SB0148 compared with SB0148S03 [(t)] (u) a purpose for which a meeting is required to be closed under Subsection (2).

(i)- the27 purpose- ofS.B. the meeting is to discuss an interstate claim to the use of the water in the Colorado River system;

148 Enrolled Copy (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in the Colorado River system;

- 28 - SB0148 compared with SB0148S03 (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:

and (h)- a28 meeting- ofEnrolled theCopy [RulesS.B. Review and General Oversight ] General Oversight Committee to review and discuss:

148 (h) a meeting of the [Rules Review and General Oversight ] General Oversight Committee to review and discuss:

or (ii) information that is subject to a confidentiality agreement as described in Subsection 36-35-102(3)36-35-102(3)(c). (c).

53E-3-525.53E-3-525 (Effective 05/06/26).

- 29 - SB0148 compared with SB0148S03 (i) the date, time, and place of the meeting;

(a)- implementation29 of- theS.B. requirements of this section;

148 Enrolled Copy (a) implementation of the requirements of this section;

53H-1-403.53H-1-403 (Effective 05/06/26).

- 30 - SB0148 compared with SB0148S03 (d) an institution with and without housing facilities shall provide an annual report regarding crime statistics as described in Section 53H-7-603;

(2)- The30 following- entitiesEnrolled shallCopy submitS.B. reports to the Executive Appropriations Committee as described in each referenced section:

148 (2) The following entities shall submit reports to the Executive Appropriations Committee as described in each referenced section:

- 31 - SB0148 compared with SB0148S03 (b) Utah State University shall provide a report every three years regarding the remote online opportunities program as described in Section 53H-4-312;

(a)- to31 the- DivisionS.B. of Facilities Construction and Management and others upon request, an annual technical college lease report as described in Section 53H-9-602;

148 Enrolled Copy (a) to the Division of Facilities Construction and Management and others upon request, an annual technical college lease report as described in Section 53H-9-602;

- 32 - SB0148 compared with SB0148S03 (e) for a technical college:

(i)- to32 the- boardEnrolled annuallyCopy regardingS.B. credit for prior learning as described in Section 53H-3-702;

148 (i) to the board annually regarding credit for prior learning as described in Section 53H-3-702;

53H-7-303.53H-7-303 (Effective 05/06/26).

- 33 - SB0148 compared with SB0148S03 (1) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing a procedure whereby a student enrolled in an institution may submit a complaint to the board alleging a policy of the institution directly affects one or more of the student's civil liberties.

(2)(2)(a) (a) When a student submits a complaint in accordance with the rules adopted under Subsection (1), the board shall:

and (ii)- (A)33 if- theS.B. board determines that the complaint is made in good faith, direct the institution against which the complaint is made to initiate rulemaking proceedings for the challenged policy;

148 Enrolled Copy (ii)(A) if the board determines that the complaint is made in good faith, direct the institution against which the complaint is made to initiate rulemaking proceedings for the challenged policy;

54-17-701.54-17-701 (Effective 05/06/26).

- 34 - SB0148 compared with SB0148S03 (b) geomechanical, geochemical, and hydrogeological simulation;

(i) testing, monitoring, measurement, and verification for the entirety of the carbon capture- and34 geologic- sequestrationEnrolled chainCopy ofS.B. operations, from the point of capture of the carbon dioxide to the sequestration site;

148 capture and geologic sequestration chain of operations, from the point of capture of the carbon dioxide to the sequestration site;

- 35 - SB0148 compared with SB0148S03 (b) minimize the risk of unacceptable leakage from the injection well and injection zone for carbon capture and geologic sequestration;

63A-5b-607.63A-5b-607 (Effective 05/06/26).

(c)- "Eligible35 employee"- meansS.B. an employee, as defined in Section 34A-2-104, who:

148 Enrolled Copy (c) "Eligible employee" means an employee, as defined in Section 34A-2-104, who:

- 36 - SB0148 compared with SB0148S03 (3) The requirements of this section do not apply to a contractor or subcontractor if:

(5)(5)(a) (a) A contractor that is subject to the requirements of this section shall:

(b)- A36 statement- underEnrolled SubsectionCopy (5)(a)(ii):S.B.

148 (b) A statement under Subsection (5)(a)(ii):

(c)(c)(i) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(b)(i)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.

-(6)(a) 37 - SB0148 compared with SB0148S03 (6) (a) A contractor that is subject to the requirements of this section shall:

or (C)- if37 the- subcontractorS.B. provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator;

148 Enrolled Copy (C) if the subcontractor provides a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator;

(7)(7)(a)(i) (a) (i) A contractor that fails to maintain an offer of qualified health coverage during the duration of the contract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(b)(b)(i) (i) A subcontractor that fails to obtain and maintain an offer of qualified health coverage during the duration of the subcontract as required in this section is subject to penalties in accordance with administrative rules made by the division under this section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

- 38 - SB0148 compared with SB0148S03 (ii) A subcontractor is not subject to penalties for the failure of a contractor to maintain an offer of qualified health coverage as required in this section.

(B) a provision that a contractor that is subject to the requirements of this section obtain- a38 written- statementEnrolled asCopy providedS.B. in Subsection (5);

148 obtain a written statement as provided in Subsection (5);

and (D) monetary penalties which may not exceed 50% of the amount necessary to purchase qualified health coverage for eligible employees and dependents of eligible employees of the contractor or - 39 - SB0148 compared with SB0148S03 subcontractor who were not offered qualified health coverage during the duration of the contract;

(10)(10)(a) (a) Upon the division's request, a contractor or subcontractor shall provide the division:

(11)(11)(a)(i) (a) (i) In addition to the penalties imposed under Subsection (7), a contractor or subcontractor that intentionally violates the provisions of this section is liable to an eligible employee for health care costs that would have been covered by qualified health coverage.

(ii)- An39 employer- hasS.B. an affirmative defense to a cause of action under Subsection (11)(a)(i) if:

148 Enrolled Copy (ii) An employer has an affirmative defense to a cause of action under Subsection (11)(a)(i) if:

- 40 - SB0148 compared with SB0148S03 (13) The failure of a contractor or subcontractor to provide qualified health coverage as required by this section:

Section- 16.40 - Enrolled Copy S.B.

148 Section 16.

63A-13-202.63A-13-202 (Effective 05/06/26).

- 41 - SB0148 compared with SB0148S03 (e) consult with the Centers for Medicaid and Medicare Services and other states to determine and implement best practices for:

(j)- refer41 potential- criminalS.B. conduct, relating to Medicaid funds or the state Medicaid program, to the fraud unit;

148 Enrolled Copy (j) refer potential criminal conduct, relating to Medicaid funds or the state Medicaid program, to the fraud unit;

- 42 - SB0148 compared with SB0148S03 (o) in accordance with Section 63A-13-502:

(2)(2)(a) (a) The office may, in fulfilling the duties under Subsection (1), conduct a performance or financial audit of:

or (ii) Medicaid funds received by a person by a grant from, or under contract with, a state- executive42 branch- entityEnrolled orCopy aS.B. local government entity.

(b)148 (i) The office may not, in fulfilling the duties under Subsection (1), amend the state Medicaidexecutive programbranch entity or changea thelocal policiesgovernment andentity. procedures of the state Medicaid program.

(b)(i) The office may not, in fulfilling the duties under Subsection (1), amend the state Medicaid program or change the policies and procedures of the state Medicaid program.

- 43 - SB0148 compared with SB0148S03 (c) Beginning July 1, 2013, the Department of Health and Human Services shall submit a Medicaid provider manual and a Medicaid information bulletin to the office for the review required by Subsection (2)(b)(ii) prior to releasing the document to the public.

(3)(3)(a) (a) The office shall, in fulfilling the duties under this section to investigate, discover, and recover fraud, waste, and abuse in the Medicaid program, apply the state Medicaid plan, department administrative rules, Medicaid provider manuals, and Medicaid information bulletins in effect at the time the medical services were provided.

63A-13-305.63A-13-305 (Effective 05/06/26).

(1)(1)(a) (a) The office shall, in accordance with Section 63A-13-602, adopt administrative rules in consultation with providers and health care professionals subject to audit and investigation- under43 this- chapterS.B. to establish procedures for audits and investigations that are fair and consistent with the duties of the office under this chapter.

148 Enrolled Copy investigation under this chapter to establish procedures for audits and investigations that are fair and consistent with the duties of the office under this chapter.

(2) The office shall notify and educate providers and health care professionals subject to audit and investigation under this chapter of the providers' and health care professionals' responsibilities and - 44 - SB0148 compared with SB0148S03 rights under the administrative rules adopted by the office under the provisions of this section and Section 63A-13-602.

63G-3-102.63G-3-102 (Effective 05/06/26).

(2)(2)(a) (a) "Agency" [includes] means:

(iii)- the44 political- subdivisionsEnrolled ofCopy theS.B. state;

148 (iii) the political subdivisions of the state;

- 45 - SB0148 compared with SB0148S03 (8) "Effective" means operative and enforceable.

[(18) "Register" may include an electronic database.] (19)(19)(a) (a) "Rule" means an agency's written statement that:

(i) is explicitly or implicitly required by state or federal statute or other applicable law;- 45 - S.B.

148 Enrolled Copy law;

- 46 - SB0148 compared with SB0148S03 (vi) rulings by an agency in adjudicative proceedings, except as required by Subsection 63G-3-201(6);

63G-3-201.63G-3-201 (Effective 05/06/26).

(2)(2)(a) (a) An agency may take action if authorized implicitly or explicitly by statute.

{(c)} and [(c)]- (iii)46 applies- toEnrolled aCopy classS.B. of persons or another agency[;

{[}148 and][(c)] {or}(iii) .applies to a class of persons or another agency[;

and] .

- 47 - SB0148 compared with SB0148S03 (b) a standardized agency manual applies only to internal fiscal or administrative details of governmental entities supervised under statute;

(5)(5)(a) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation, subject to Subsections (5)(b) and (c).

(7)(7)(a) (a) Each agency may enact a rule that incorporates by reference:

(ii)- state47 agency- implementationS.B. plans mandated by the federal government for participation in the federal program;

148 Enrolled Copy (ii) state agency implementation plans mandated by the federal government for participation in the federal program;

or - 48 - SB0148 compared with SB0148S03 (iv) lists, tables, illustrations, or similar materials that the director determines are too expensive to reproduce in the administrative code.

(8)(8)(a) (a) This chapter is not intended to inhibit the exercise of agency discretion within the limits prescribed by statute or agency rule.

63G-3-202.63G-3-202 (Effective 05/06/26).

63G-3-301.63G-3-301 (Effective 05/06/26).

- 4948 - SB0148Enrolled comparedCopy withS.B. SB0148S03 (a) the requirements of this section;

148 (a) the requirements of this section;

(4)(4)(a) (a) Each agency shall file the agency's proposed rule and rule analysis with the office.

(c)(c)(i) (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.

(a)- establishing49 less- stringentS.B. compliance or reporting requirements for small businesses;

-148 50Enrolled -Copy SB0148(a) compared with SB0148S03 (b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses;

(b) establishing less stringent schedules or deadlines for compliance or reporting requirements for small businesses;

(m) any additional comments the department head may choose to submit regarding the fiscal- impact50 the- proposedEnrolled ruleCopy mayS.B. have on businesses;

148 fiscal impact the proposed rule may have on businesses;

-(9)(a) 51 - SB0148 compared with SB0148S03 (9) (a) For a rule being repealed and [reenacted] readopted, the rule analysis shall contain a summary that generally includes the following:

(11)(11)(a) (a) Following the publication date, the agency shall allow at least 30 days for public comment on the proposed rule.

(12)(12)(a) (a) Except as provided in [Sections] Section 63G-3-303, Section 63G-3-304, and Section 63G-3-304.1, a proposed rule becomes effective on any date specified by the agency that is:

(c) The notice of effective date may not provide for an effective date{:}date before the day on which the office receives the notice.

(e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is not- filed51 with- theS.B. office within 120 days after the day on which the rule is published.

(13)148 -Enrolled 52Copy -not SB0148filed compared with SB0148S03the (a)office (i)within Before120 andays agencyafter [enacts] makes a proposed rule effective, the agencyday shallon submitwhich to the appropriations subcommittee and interim committee with jurisdiction over the agency the agency's proposed rule foris review,published. if the proposed rule, over a five-year period, has [a fiscal impact] an anticipated cost, as calculated in Subsection (8)(d), of more than $1,000,000 statewide.

(13)(a)(i) Before an agency [enacts] makes a proposed rule effective, 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 five-year period, has [a fiscal impact] an anticipated cost, as calculated in Subsection (8)(d), of more than $1,000,000 statewide.

[(14)[(14)(a) {[(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){(14)}(14)(a) - 53 - SB0148 compared with SB0148S03 (a) [A state] An agency shall initiate rulemaking proceedings no later than 180 days after the day on which the statutory provision that specifically requires the rulemaking- takes52 effect,- exceptEnrolled underCopy SubsectionS.B. [(14)(c)] (14)(b).

148 rulemaking takes effect, except under Subsection [(14)(c)] (14)(b).

63G-3-302.63G-3-302 (Effective 05/06/26).

or (b)(b)(i) (i) another state agency, 10 interested persons, or an interested association having not fewer than 10 members request a public hearing;

-63G-3-303 54(Effective -05/06/26). SB0148 compared with SB0148S03 63G-3-303.

(1)(1)(a) (a) To change a proposed rule already published in the bulletin, an agency shall file with the office:

and (ii) a rule analysis containing a description of the change and the information required- by53 Section- 63G-3-301.S.B.

148 Enrolled Copy required by Section 63G-3-301.

63G-3-304.63G-3-304 (Effective 05/06/26).

(2)(2)(a) - 55 - SB0148 compared with SB0148S03 (a) When finding that [its] the agency's rule is excepted from regular rulemaking procedures by this section, the agency shall file with the office[ and the members of the Rules Review and General Oversight Committee]:

(b) An agency that files an emergency rule with the office under Subsection (2)(a) shall provide the information described in Subsection (2)(a) to the members of the General Oversight- Committee54 when- theEnrolled agencyCopy filesS.B. the rule with the office.

148 Oversight Committee when the agency files the rule with the office.

{Section 24.

Section 63G-3-304.1 is amended 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 ] 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] for up to 60 days.

(2) The [Rules Review and General Oversight ] 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.] upon a majority vote of the members of the committee, may remove the delay of effective date described in Subsection (1).

[(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.] - 56 - SB0148 compared with SB0148S03 [(4)] (3) The [Rules Review and General Oversight ] General Oversight Committee shall notify the [State Board of Education] affected agency and the office of:

(a) [ the delay of the effective date.] the decision to delay the effective date under Subsection (1);

and (b) the decision to remove the delay of effective date as described in Subsection (2)(b).

(4) When an agency receives notice described in Subsection (3)(a), the agency shall select an effective date that complies with the delay of 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] agency 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.

(7) Notwithstanding any other provision of this chapter, the 120-day timeframe for when a proposed rule lapses is paused for any provision subject to a delay of effective date under this section until the delay of the effective date expires or is removed.

63G-3-305.63G-3-305 (Effective 05/06/26).

- 57 - SB0148 compared with SB0148S03 (ii) a summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule;

(c) If the agency amends and continues the rule, the agency shall comply with the requirements- described55 in- SectionS.B. 63G-3-301 and file with the office the five-year notice of review and statement of continuation required in Subsection (3)(a).

148 Enrolled Copy requirements described in Section 63G-3-301 and file with the office the five-year notice of review and statement of continuation required in Subsection (3)(a).

(5)(5)(a) (a) The office shall make a reasonable effort to notify an agency that a rule is due for review at least 180 days before the deadline described in Subsection (1).

(8)(8)(a) (a) If an agency does not comply with the requirements described in Subsection (3), and does not file an extension under Subsection (6), the rule expires automatically on the day immediately after the date [of the missed deadline] the review was due under Subsection (1).

(b) If an agency files an extension under Subsection (6) and does not comply with the requirements described in Subsection (3) within 120 days after the day on which the [deadline[ describeddeadline -described 58 - SB0148 compared with SB0148S03 in] the review was due under Subsection (1)[ expires], the rule expires automatically on the day immediately after the [date of the missed deadline] 120 day extension period.

63G-3-401.63G-3-401 (Effective 05/06/26).

Office of Administrative Rules created -- Director.- 56 - Enrolled Copy S.B.

148 Director.

(2)(2)(a) (a) The executive director shall appoint the director.

63G-3-402.63G-3-402 (Effective 05/06/26).

- 59 - SB0148 compared with SB0148S03 (f) publish at least annually an index of all changes to the administrative code and the effective date of each change;

(h) distribute without charge the bulletin and administrative code to state-designated repositories, the [Rules Review and General Oversight ] General Oversight Committee, the Office of Legislative Research and General Counsel, and the two [houses][ houses] chambers of the Legislature;

[(j) distribute, at prices covering publication costs, all paper rulemaking publications to all other requesting persons and agencies;] [(k)]- (j)57 provide- agenciesS.B. assistance in rulemaking;

148 Enrolled Copy [(k)] (j) provide agencies assistance in rulemaking;

(c) changing a catchline to more accurately reflect the substance of each section, [part, ]rule,] rule, or title;

and - 60 - SB0148 compared with SB0148S03 (e) merging or determining priority of any amendment, enactment, or repeal to the same rule or section made effective by an agency.

(5)(5)(a) (a) For nonsubstantive changes made in accordance with Subsection (3) or (4) after publication of the rule in the bulletin, the office shall publish a list of nonsubstantive changes in the bulletin.

[(a)]- (i)58 the- affectedEnrolled codeCopy citation;S.B.

148 [(a)] (i) the affected code citation;

63G-3-403.63G-3-403 (Effective 05/06/26).

- 61 - SB0148 compared with SB0148S03 (d) eliminating all obsolete or redundant words;

(f) changing a catchline to more accurately reflect the substance of each section, [part, ]rule,] rule, or title;

(4)(4)(a) (a) To inform the public about the proposed code reenactment, the office shall publish in the bulletin:

(ii) the date, time, and place of a public hearing where members of the public may comment- on59 the- proposedS.B. reenactment of the code;

148 Enrolled Copy comment on the proposed reenactment of the code;

- 62 - SB0148 compared with SB0148S03 Section 29.

63G-3-502.63G-3-502 (Effective 05/06/26).

(2)(2)(a) (a) Except as provided in Subsection (2)(b), every agency rule that is in effect on February 28 of any calendar year expires on May 1 of that year unless it has been reauthorized by the Legislature.

(3)- (a)60 The- [RulesEnrolled ReviewCopy andS.B. General Oversight ] General Oversight Committee shall have legislation prepared for the Legislature to consider the reauthorization of rules during its annual general session.

148 (3)(a) The [Rules Review and General Oversight ] General Oversight Committee shall have legislation prepared for the Legislature to consider the reauthorization of rules during its annual general session.

(d) For the purpose of this section, the entire rule, a [single][single section,]section, a subsection, or any complete paragraph of a rule may be excepted for reauthorization in the legislation considered by the Legislature.

[(6)[(6)(a) - 63 - SB0148 compared with SB0148S03 (a) If an agency believes that a rule that has not been reauthorized by the Legislature or that will be allowed to expire should continue in full force and effect and is a rule within their authorized rulemaking power, the agency may seek the governor's declaration extending the rule beyond the expiration date.] [(b) In seeking the extension, the agency shall submit a petition to the governor that affirmatively states:] [(i) that the rule is necessary;

and] [(ii) a citation to the source of its authority to make the rule.] [(c)[(c)(i) (i) If the governor finds that the necessity does exist, and that the agency has the authority to make the rule, the governor may declare the rule to be extended by publishing that declaration in the Administrative Rules Bulletin on or before April 15 of that year.] [(ii) The declaration shall set forth the rule to be extended, the reasons the extension is necessary, and a citation to the source of the agency's authority to make the rule.] [(d)]- (6)61 If- theS.B. legislation required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15[ without meeting requirements of Subsections (6)(b) and (c).] .

148 Enrolled Copy [(d)] (6) If the legislation required by Subsection (3) fails to pass both houses of the Legislature or is found to have a technical legal defect preventing reauthorization of administrative rules intended to be reauthorized by the Legislature, the governor may declare all rules to be extended by publishing a single declaration in the Administrative Rules Bulletin on or before June 15[ without meeting requirements of Subsections (6)(b) and (c).] .

63G-3-503.63G-3-503 (Effective 05/06/26).

63G-3-601.63G-3-601 (Effective 05/06/26).

- 64 - SB0148 compared with SB0148S03 [(3)] (2) The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition.

[(6)] (5)(5)(a) (a) If the petition is submitted to a board or commission that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review.

[(7)] (6) If the agency[ or] , board, or commission has not provided the petitioner written notice- that62 the- agencyEnrolled hasCopy deniedS.B. the petition or initiated rulemaking proceedings to implement the petition within the time limitations specified in Subsection [(5)] (4) or [(6)] (5) respectively, the petitioner may seek a writ of mandamus in state district court.

148 notice that the agency has denied the petition or initiated rulemaking proceedings to implement the petition within the time limitations specified in Subsection [(5)] (4) or [(6)] (5) respectively, the petitioner may seek a writ of mandamus in state district court.

63O-2-403.63O-2-403 (Effective 05/06/26).

or - 65 - SB0148 compared with SB0148S03 (ii) an employee welfare benefit plan:

and (b)- a63 subcontractor- ofS.B. a contractor of a design or construction contract entered into by the board, or on behalf of the board, on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.

148 Enrolled Copy (b) a subcontractor of a contractor of a design or construction contract entered into by the board, or on behalf of the board, on or after July 1, 2009, if the subcontract is in an aggregate amount equal to or greater than $1,000,000.

(5)(5)(a) (a) A contractor subject to the requirements of this section shall demonstrate to the executive director that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees and the employees' dependents during the duration of the contract by submitting to the executive director a written statement that:

- 66 - SB0148 compared with SB0148S03 (A) an actuary selected by the contractor or the contractor's insurer;

(b)(b)(i) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by the administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the health benefit plan's actuarial value meets the requirements of qualified health coverage.

and (B)- the64 executive- director.Enrolled Copy S.B.

148 (B) the executive director.

(d)(d)(i)(A) (i) - 67 - SB0148 compared with SB0148S03 (A) A contractor that fails to maintain an offer of qualified health coverage as described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the division under Subsection (6).

(ii)(ii)(A) (A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c)(i) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).

(ii)- the65 Department- ofS.B. Natural Resources in accordance with Section 79-2-404;

148 Enrolled Copy (ii) the Department of Natural Resources in accordance with Section 79-2-404;

- 68 - SB0148 compared with SB0148S03 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally violates the provisions of this section, which may include:

(7)(7)(a)(i) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to- the66 employee- forEnrolled healthCopy careS.B. costs that would have been covered by qualified health coverage.

148 to the employee for health care costs that would have been covered by qualified health coverage.

- 69 - SB0148 compared with SB0148S03 (a) may not be the basis for a protest or other action from a prospective bidder, offeror, or contractor under:

72-6-107.5.72-6-107.5 (Effective 05/06/26).

Construction of improvements of highway -- Contracts- --67 Health- insuranceS.B. coverage.

148 Enrolled Copy Contracts -- Health insurance coverage.

- 70 - SB0148 compared with SB0148S03 (B) for an employer with 100 or more employees;

(a)- the68 application- ofEnrolled thisCopy sectionS.B. jeopardizes the receipt of federal funds;

148 (a) the application of this section jeopardizes the receipt of federal funds;

(5)(5)(a) (a) A contractor subject to the requirements of this section shall demonstrate to the department that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees and the employees' dependents during the duration of the contract by submitting to the department a written statement that:

and - 71 - SB0148 compared with SB0148S03 (iii) was created within one year before the day on which the statement is submitted.

(b)(b)(i) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.

and (ii)- obtain69 from- aS.B. subcontractor that is subject to the requirements of this section a written statement that:

148 Enrolled Copy (ii) obtain from a subcontractor that is subject to the requirements of this section a written statement that:

(d)(d)(i)(A) (i) (A) A contractor that fails to maintain an offer of qualified health coverage described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).

- 72 - SB0148 compared with SB0148S03 (B) A contractor is not subject to penalties for the failure of a subcontractor to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c)(i).

(ii)(ii)(A) (A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).

and (vi) the Legislature's [Rules Review and General Oversight ] General Oversight Committee- created70 in- SectionEnrolled 36-35-102;Copy S.B.

148 Committee created in Section 36-35-102;

- 73 - SB0148 compared with SB0148S03 (B) a six-month suspension of the contractor or subcontractor from entering into future contracts with the state upon the second violation;

(7)(7)(a)(i) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to the employee for health care costs that would have been covered by qualified health coverage.

or (B)- the71 department- determinesS.B. that compliance with this section is not required under the provisions of Subsection (3).

148 Enrolled Copy (B) the department determines that compliance with this section is not required under the provisions of Subsection (3).

and - 74 - SB0148 compared with SB0148S03 (b) may not be used by the procurement entity or a prospective bidder, offeror, or contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design or construction.

79-2-404.79-2-404 (Effective 05/06/26).

(c) "Employee" means, as defined in Section 34A-2-104, an "employee," "worker," or "operative"- who:72 - Enrolled Copy S.B.

148 "operative" who:

- 75 - SB0148 compared with SB0148S03 (g) "Third party administrator" or "administrator" means the same as that term is defined in Section 31A-1-301.

and (ii)(ii)(A) (A) another agency of the state;

(B)- the73 federal- government;S.B.

148 Enrolled Copy (B) the federal government;

(5)(5)(a) (a) A contractor subject to the requirements of this section shall demonstrate to the department that the contractor has and will maintain an offer of qualified health coverage for the contractor's employees - 76 - SB0148 compared with SB0148S03 and the employees' dependents during the duration of the contract by submitting to the department a written statement that:

(b)(b)(i) (i) A contractor that provides a health benefit plan described in Subsection (1)(d)(ii) shall provide the actuary or underwriter selected by an administrator, as described in Subsection (5)(a)(ii)(C), sufficient information to determine whether the contractor's contribution to the health benefit plan and the actuarial value of the health benefit plan meet the requirements of qualified health coverage.

and (B)- the74 department.- Enrolled Copy S.B.

148 (B) the department.

(B) is from an actuary selected by the subcontractor or the subcontractor's insurer, an underwriter who is responsible for developing the employer group's premium rates, or if the subcontractor provides - 77 - SB0148 compared with SB0148S03 a health benefit plan described in Subsection (1)(d)(ii), an actuary or underwriter selected by an administrator;

(d)(d)(i)(A) (i) (A) A contractor that fails to maintain an offer of qualified health coverage described in Subsection (5)(a) during the duration of the contract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).

(ii)(ii)(A) (A) A subcontractor that fails to obtain and maintain an offer of qualified health coverage described in Subsection (5)(c) during the duration of the subcontract is subject to penalties in accordance with administrative rules adopted by the department under Subsection (6).

(ii)- a75 public- transitS.B. district in accordance with Section 17B-2a-818.5;

148 Enrolled Copy (ii) a public transit district in accordance with Section 17B-2a-818.5;

- 78 - SB0148 compared with SB0148S03 (B) that a contractor that is subject to the requirements of this section shall obtain a written statement described in Subsection (5)(a);

(7)(7)(a)(i) (a) (i) In addition to the penalties imposed under Subsection (6)(c)(ii), a contractor or subcontractor who intentionally violates the provisions of this section is liable to- the76 employee- forEnrolled healthCopy careS.B. costs that would have been covered by qualified health coverage.

148 to the employee for health care costs that would have been covered by qualified health coverage.

- 79 - SB0148 compared with SB0148S03 (8) Any penalties imposed and collected under this section shall be deposited into the Medicaid Growth Reduction and Budget Stabilization Account created in Section 63J-1-315.

This Bill Repeals:

Section- 63G-3-101,77 Title.- S.B.

148 Enrolled Copy Section 63G-3-101, Title.

Effective date.

3-2-26 1:05 PM - 8078 -