Regulatory Impacts on Families

19
10-3-702
10-3-702.1
17-64-501
53E-3-401
53G-4-402
63G-3-301
0
Regulatory Impacts on Families
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Melissa G. Ballard
LONG TITLE
General Description:
This bill requires state agencies, counties, municipalities, and local school boards to
consider the impact of certain governmental actions on families.
Highlighted Provisions:
This bill:
requires a state agency engaged in rulemaking to consider the impact a proposed rule may
have on family health, stability, and formation;
requires a state agency that reasonably expects a proposed rule to have a measurable
negative impact on family health, stability, or formation to consider reasonable
alternatives to reduce the impact;
requires a county or municipal legislative body, before passing an ordinance, to consider
the impact the proposed ordinance may have on family health, stability, and formation;
specifies that a county or municipal legislative body's failure to comply with the
requirement described above does not invalidate an ordinance enacted by the legislative
body or create a cause of action;
creates an exception to the family impact considerations described above for a county or
municipal ordinance enacted in response to an emergency;
requires a local school board, before adopting a policy or taking other formal action, to
consider the impact the proposed rule or action may have on family health, stability, and
formation; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-702
, as last amended by Laws of Utah 2025, Chapter 354
17-64-501
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
53E-3-401
, as last amended by Laws of Utah 2025, Chapter 501
53G-4-402
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
63G-3-301
, as last amended by Laws of Utah 2025, Chapters 463, 483
ENACTS:
10-3-702.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-3-702
is amended to read:
10-3-702
. Extent of power exercised by ordinance.
(1)
As used in this section, "open house" means an event held by a homeowner, including
an event in association with a real estate agent, architect, builder, or developer, to
showcase a home, including the outdoor landscaping around the home.
(2)
(a)
Except as provided in Subsection
(2)(b)
,
and subject to Section
10-3-702.1
,
the
governing body of a municipality may pass any ordinance to regulate, require,
prohibit, govern, control or supervise any activity, business, conduct or condition
authorized by this title or any other provision of law.
(b)
(i)
The governing body of a municipality may not regulate an open house
differently than a residential use.
(ii)
Any ordinance regulating an open house differently than a residential use is void.
(3)
(a)
An officer of the municipality may not be convicted of a criminal offense where
the officer relied on or enforced an ordinance the officer reasonably believed to be a
valid ordinance.
(b)
It shall be a defense in any action for punitive damages over the enforcement of an
invalid ordinance if the official:
(i)
acted in good faith in enforcing an ordinance; or
(ii)
enforced an ordinance on advice of legal counsel.
Section 2. Section
10-3-702.1
is enacted to read:
10-3-702.1
. Family impact consideration before enacting ordinance.
(1)
Except for an ordinance enacted in response to an emergency, the governing body shall,
before passing an ordinance under Section
10-3-702
, consider the impact the proposed
ordinance may have on family health, stability, and formation.
(2)
Failure to comply with Subsection
(1)
does not:
(a)
invalidate an ordinance enacted by the governing body; or
(b)
create a cause of action against the municipality or the governing body.
Section 3. Section
17-64-501
is amended to read:
17-64-501
. Ordinances -- Power to enact -- Penalty for violation.
(1)
A

legislative body may:
(a)
pass ordinances:
(i)
necessary for carrying into effect or discharging the powers and duties conferred
by this title; and
(ii)
as are necessary and proper to provide for the safety, and preserve the health,
promote the prosperity, improve the morals, peace, and good order, comfort, and
convenience of the county and county inhabitants, and for the protection of
property in the county;
(b)
enforce obedience to ordinances with fines or penalties as the legislative body
considers proper;
(c)
pass ordinances to control air pollution;
(d)
pass resolutions; and
(e)
make or adopt policies that conform with a county ordinance, county resolution, or
provision of state or federal law.
(2)
(a)
Except for an ordinance described in Subsection
17-64-502(6)
, a legislative body
shall, before passing an ordinance under Subsection
(1)
, consider the impact the
proposed ordinance may have on family health, stability, and formation.
(b)
Failure to comply with Subsection
(2)(a)
does not:
(i)
invalidate an ordinance enacted by the legislative body; or
(ii)
create a cause of action against the county or the legislative body.
(2)
(3)
(a)
(i)
Punishment imposed under Subsection
(1)(b)
shall be by fine,
imprisonment, or both fine and imprisonment.
(ii)
A fine imposed under Subsection
(2)(a)(i)
(3)(a)(i)
may not exceed the
maximum fine for a class B misdemeanor under Section
76-3-301
.
(b)
Notwithstanding Subsection
(2)(a)
(3)(a)
, a county may not impose a criminal
penalty greater than an infraction for a violation pertaining to an individual's pet, as
defined in Section
4-12-102
, or an individual's use of the individual's residence
unless:
(i)
the violation:
(A)
is a nuisance as that term is defined in Section
78B-6-1101
; and
(B)
threatens the health, safety, or welfare of the individual or an identifiable third
party; or
(ii)
the county has imposed a fine on the individual for a violation that involves the
same residence or pet on three previous occasions within the past 12 months.
(c)
Subsection
(2)(b)
(3)(b)
does not apply to county enforcement of a building code or
fire code ordinance in accordance with
Title 15A, State Construction and Fire Codes
Act
.
(d)
When a penalty for a violation of an ordinance includes any possibility of
imprisonment, the legislative body shall include in the ordinance a statement that the
county is required, under Section
78B-22-301
, to provide for indigent defense
services, as that term is defined in Section
78B-22-102
.
(e)
Notwithstanding any other provision of law, the following may issue a criminal
citation for a violation that is punished as a misdemeanor if the violation threatens the
health and safety of an animal or the public:
(i)
a fire officer described in Section
53-7-102
;
(ii)
a law enforcement officer described in Section
53-13-103
; or
(iii)
an animal control officer described in Section
11-46-102
.
(3)
(4)
(a)
Except as specifically authorized by statute, the legislative body may not
impose a civil penalty for the violation of a county traffic ordinance.
(b)
Subsection
(3)(a)
(4)(a)
does not apply to an ordinance regulating the parking of
vehicles on a highway.
(4)
(5)
A county may not issue more than one infraction within a 14-day period for a
violation described in Subsection
(2)(b)
(3)(b)
that is ongoing.
Section 4. Section
53E-3-401
is amended to read:
53E-3-401
. Powers of the state board -- Adoption of rules -- Enforcement --
Attorney.
(1)
As used in this section:
(a)
"Education entity" means:
(i)
an entity that receives a distribution of state funds through a grant program
managed by the state board under this public education code;
(ii)
an entity that enters into a contract with the state board to provide an educational
good or service;
(iii)
a school district;
(iv)
a charter school; or
(v)
a regional education service agency, as that term is defined in Section
53G-4-410
.
(b)
"Educational good or service" means a good or service that is required or regulated
under:
(i)
this public education code; or
(ii)
a rule, made in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
, and authorized under this public education code.
(2)
(a)
The state board has general control and supervision of the state's public education
system.
(b)
"General control and supervision" as used in
Utah Constitution, Article X, Section 3
,
means directed to the whole system.
(3)
The state board may not govern, manage, or operate school districts, institutions, and
programs, unless granted that authority by statute.
(4)
(a)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
including the requirement relating to consideration of impacts on family health,
stability, and formation,
the state board may make rules to execute the state board's
duties and responsibilities under the Utah Constitution and state law.
(b)
The state board may delegate the state board's statutory duties and responsibilities to
state board employees.
(5)
(a)
The state board may sell any interest it holds in real property upon a finding by
the state board that the property interest is surplus.
(b)
The state board may use the money it receives from a sale under Subsection
(5)(a)

for capital improvements, equipment, or materials, but not for personnel or ongoing
costs.
(c)
If the property interest under Subsection
(5)(a)
was held for the benefit of an agency
or institution administered by the state board, the money may only be used for
purposes related to the agency or institution.
(d)
The state board shall advise the Legislature of any sale under Subsection
(5)(a)
and
related matters during the next following session of the Legislature.
(6)
The state board shall develop policies and procedures related to federal educational
programs in accordance with
Part 8, Implementing Federal or National Education
Programs
.
(7)
On or before December 31, 2010, the state board shall review mandates or requirements
provided for in state board rule to determine whether certain mandates or requirements
could be waived to remove funding pressures on public schools on a temporary basis.
(8)
(a)
The state board shall provide procedures for addressing and resolving compliance
and monitoring issues related to this public education code, federal law, or rules,
including:
(i)
creating methods to review and investigate alleged compliance issues;
(ii)
creating clear procedures for corrective action plans;
(iii)
allowing for an appeals process; and
(iv)
addressing contractual and non-contractual issues.
(b)
If an education entity violates this public education code or rules authorized under
this public education code, the state board may, in accordance with the rules
described in Subsection
(8)(d)
:
(i)
require the education entity to enter into a corrective action agreement with the
state board;
(ii)
temporarily or permanently withhold state funds from the education entity;
(iii)
require the education entity to pay a penalty;
(iv)
require the education entity to reimburse specified state funds to the state board;
(v)
require additional reporting or monitoring;
(vi)
refer the complaint, evidence, and findings to the attorney general's office or the
relevant district attorney's office;
(vii)
require the education entity to hire a third-party provider to provide services the
state board determines necessary;
(viii)
require reimbursement from the education entity instead of future allocations
from the state board;
(ix)
require a follow-up investigation;
(x)
refer the violation and corresponding evidence to the state auditor or the
legislative auditor general, if the violation relates to finances;
(xi)
request additional evidence of compliance; or
(xii)
take other action the state board deems appropriate.
(c)
Except for temporarily withheld funds, if the state board collects state funds under
Subsection
(8)(b)
, the state board shall pay the funds into the Uniform School Fund.
(d)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board shall make rules:
(i)
that require notice and an opportunity to be heard for an education entity affected
by a state board action described in Subsection
(8)(b)
; and
(ii)
to administer this Subsection
(8)
.
(e)
(i)
An individual may bring a violation of statute or state board rule to the attention
of the state board in accordance with a process described in rule
adopted
made
by
the state board.
(ii)
If the state board identifies a violation of statute or state board rule as a result of
the process described in Subsection
(8)(e)(i)
, the state board may take action in
accordance with this section.
(9)
The state board may audit the use of state funds by an education entity that receives
those state funds as a distribution from the state board.
(10)
The state board may require, by rule made in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
, that if an LEA contracts with a third party
contractor for an educational good or service, the LEA shall require in the contract that
the third party contractor shall provide, upon request of the LEA, information necessary
for the LEA to verify that the educational good or service complies with:
(a)
this public education code; and
(b)
state board rule authorized under this public education code.
(11)
(a)
The state board may appoint an attorney to provide legal advice to the state
board and coordinate legal affairs for the state board and the state board's employees.
(b)
An attorney described in Subsection
(11)(a)
shall cooperate with the Office of the
Attorney General.
(c)
An attorney described in Subsection
(11)(a)
may not:
(i)
conduct litigation;
(ii)
settle claims covered by the Risk Management Fund created in Section
63A-4-201
;
or
(iii)
issue formal legal opinions.
(12)
The state board shall ensure that any training or certification that an employee of the
public education system is required to complete under this title or by rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements
.
Section 5. Section
53G-4-402
is amended to read:
53G-4-402
. Powers and duties generally.
(1)
A local school board shall:
(a)
implement the core standards for Utah public schools using instructional materials
that best correlate to the core standards for Utah public schools and graduation
requirements;
(b)
administer tests, required by the state board, which measure the progress of each
student, and coordinate with the state superintendent and state board to assess results
and create plans to improve the student's progress, which shall be submitted to the
state board for approval;
(c)
use progress-based assessments as part of a plan to identify schools, teachers, and
students that need remediation and determine the type and amount of federal, state,
and local resources to implement remediation;
(d)
for each grading period and for each course in which a student is enrolled, issue a
grade or performance report to the student:
(i)
that reflects the student's work, including the student's progress based on mastery,
for the grading period; and
(ii)
in accordance with the local school board's adopted grading or performance
standards and criteria;
(e)
develop early warning systems for students or classes failing to make progress;
(f)
work with the state board to establish a library of documented best practices,
consistent with state and federal regulations, for use by the special districts;
(g)
implement training programs for school administrators, including basic management
training, best practices in instructional methods, budget training, staff management,
managing for learning results and continuous improvement, and how to help every
student achieve optimal learning in basic academic subjects; and
(h)
ensure that the local school board meets the data collection and reporting standards
described in Section
53E-3-501
.
(2)
Local school boards shall spend Minimum School Program funds for programs and
activities for which the state board has established minimum standards or rules under
Section
53E-3-501
.
(3)
(a)
A local school board may purchase, sell, and make improvements on school sites,
buildings, and equipment, and construct, erect, and furnish school buildings.
(b)
School sites or buildings may only be conveyed or sold on local school board
resolution affirmed by at least two-thirds of the school board members.
(4)
(a)
A local school board may participate in the joint construction or operation of a
school attended by students residing within the district and students residing in other
districts either within or outside the state.
(b)
Any agreement for the joint operation or construction of a school shall:
(i)
be signed by the president of the local school board of each participating district;
(ii)
include a mutually agreed upon pro rata cost; and
(iii)
be filed with the state board.
(5)
A local school board may establish, locate, and maintain elementary, secondary, and
applied technology schools.
(6)
A local school board may enter into cooperative agreements with other local school
boards to provide educational services that best utilize resources for the overall
operation of the school districts, including shared transportation services.
(7)
A local school board shall ensure that an agreement under Subsection
(6)
:
(a)
is signed by the president of the local school board of each participating district;
(b)
specifies the resource being shared;
(c)
includes a mutually agreed upon pro rata cost;
(d)
includes the duration of the agreement; and
(e)
is filed with the state board.
(8)
(a)
Except as provided in Section
53E-3-905
and Subsection
(8)(b)
, a local school
board may enroll children in school who are at least five years old before September
2 of the year in which admission is sought.
(b)
A local school board may enroll a child in kindergarten who does not meet the age
requirement described in Subsection
(8)(a)
if the child:
(i)
moves to Utah from a different state in which the child, during the relevant school
year:
(A)
was a resident; and
(B)
was enrolled in kindergarten in accordance with the previous state's age
requirements for kindergarten enrollment; and
(ii)
transfers to the enrolling school after the beginning of the same school year.
(9)
A local school board:
(a)
may establish and support school libraries; and
(b)
shall provide an online platform:
(i)
through which a parent is able to view the title, author, and a description of any
material the parent's child borrows from the school library, including a history of
borrowed materials, either using an existing online platform that the LEA uses or
through a separate platform; and
(ii)
(A)
for a school district with 1,000 or more enrolled students, no later than
August 1, 2024; and
(B)
for a school district with fewer than 1,000 enrolled students, no later than
August 1, 2026.
(10)
A local school board may collect damages for the loss, injury, or destruction of school
property.
(11)
A local school board may authorize guidance and counseling services for students and
the student's parents before, during, or following school enrollment.
(12)
(a)
A local school board shall administer and implement federal educational
programs in accordance with Title
53E, Chapter 3, Part 8
, Implementing Federal or
National Education Programs.
(b)
Federal funds are not considered funds within the school district budget under
Chapter
7, Part 3
, Budgets.
(13)
(a)
A local school board may organize school safety patrols and adopt policies under
which the patrols promote student safety.
(b)
A student appointed to a safety patrol shall be at least 10 years old and have written
parental consent for the appointment.
(c)
Safety patrol members may not direct vehicular traffic or be stationed in a portion of
a highway intended for vehicular traffic use.
(d)
Liability may not attach to a school district, its employees, officers, or agents, or to a
safety patrol member, a parent of a safety patrol member, or an authorized volunteer
assisting the program by virtue of the organization, maintenance, or operation of a
school safety patrol.
(14)
(a)
A local school board may on its own behalf, or on behalf of an educational
institution for which the local school board is the direct governing body, accept
private grants, loans, gifts, endowments, devises, or bequests that are made for
educational purposes.
(b)
The contributions made under Subsection
(14)(a)
are not subject to appropriation by
the Legislature.
(15)
(a)
A local school board may appoint and fix the compensation of a compliance
officer to issue citations for violations of Subsection
76-9-1106(3)(c)
.
(b)
A person may not be appointed to serve as a compliance officer without the person's
consent.
(c)
A teacher or student may not be appointed as a compliance officer.
(16)
A local school board shall adopt bylaws and policies for the local school board's own
procedures.
(17)
(a)
A local school board shall make and enforce policies necessary for the control
and management of the district schools.
(b)
Local school board policies shall be in writing, filed, and referenced for public
access.
(18)
A local school board may hold school on legal holidays other than Sundays.
(19)
(a)
A local school board shall establish for each school year a school traffic safety
committee to implement this Subsection
(19)
.
(b)
The committee shall be composed of one representative of:
(i)
the schools within the district;
(ii)
the Parent Teachers' Association of the schools within the district;
(iii)
the municipality or county;
(iv)
state or local law enforcement; and
(v)
state or local traffic safety engineering.
(c)
The committee shall:
(i)
receive suggestions from school community councils, parents, teachers, and
others, and recommend school traffic safety improvements, boundary changes to
enhance safety, and school traffic safety program measures;
(ii)
review and submit annually to the Department of Transportation and affected
municipalities and counties a child access routing plan for each elementary,
middle, and junior high school within the district;
(iii)
in consultation with the Utah Safety Council and the Division of Family Health,
provide training to all students in kindergarten through grade 6, within the district,
on school crossing safety and use; and
(iv)
help ensure the district's compliance with rules made by the Department of
Transportation under Section
41-6a-303
.
(d)
The committee may establish subcommittees as needed to assist in accomplishing the
committee's duties under Subsection
(19)(c)
.
(20)
(a)
A local school board shall adopt and implement a comprehensive emergency
response plan to prevent and combat violence in the local school board's public
schools, on school grounds, on school vehicles, and in connection with
school-related activities or events.
(b)
The local school board shall ensure that the plan:
(i)
includes prevention, intervention, and response components;
(ii)
is consistent with the school discipline and conduct policies required for school
districts under Chapter
8, Part 2
, School Discipline and Conduct Plans;
(iii)
requires professional learning for all district and school building staff on the
staff's roles in the emergency response plan;
(iv)
provides for coordination with local law enforcement and other public safety
representatives in preventing, intervening, and responding to violence in the areas
and activities referred to in Subsection
(20)(a)
; and
(v)
includes procedures to notify a student who is off campus at the time of a school
violence emergency because the student is:
(A)
participating in a school-related activity; or
(B)
excused from school for a period of time during the regular school day to
participate in religious instruction at the request of the student's parent.
(c)
The state board, through the state superintendent, shall develop comprehensive
emergency response plan models that local school boards may use, where
appropriate, to comply with Subsection
(20)(a)
.
(d)
A local school board shall, by July 1 of each year, certify to the state board that its
plan has been practiced at the school level and presented to and reviewed by its
teachers, administrators, students, and the student's parents and local law enforcement
and public safety representatives.
(21)
(a)
A local school board may adopt an emergency response plan for the treatment of
sports-related injuries that occur during school sports practices and events.
(b)
The plan may be implemented by each secondary school in the district that has a
sports program for students.
(c)
The plan may:
(i)
include emergency personnel, emergency communication, and emergency
equipment components;
(ii)
require professional learning on the emergency response plan for school
personnel who are involved in sports programs in the district's secondary schools;
and
(iii)
provide for coordination with individuals and agency representatives who:
(A)
are not employees of the school district; and
(B)
would be involved in providing emergency services to students injured while
participating in sports events.
(d)
The local school board, in collaboration with the schools referred to in Subsection
(21)(b)
, may review the plan each year and make revisions when required to improve
or enhance the plan.
(e)
The state board, through the state superintendent, shall provide local school boards
with an emergency plan response model that local school boards may use to comply
with the requirements of this Subsection
(21)
.
(22)
(a)
A local school board shall approve an LEA's policies and procedures that an
LEA develops to ensure that students have non-electronic notification of and access
to:
(i)
school activities and events, including:
(A)
schedule changes;
(B)
extracurricular activities; and
(C)
sporting events; and
(ii)
the emergency response plans described in Subsections
(20)
and
(21)
.
(b)
Notwithstanding Subsection
(22)(a)
, an LEA may provide electronic notification of
and access to school activities and events as described in Subsections
(22)(a)(i)
and
(ii)
if:
(i)
(A)
the school provides each student with an electronic device; and
(B)
the electronic device is capable of receiving electronic notification of and
access to school activities and events as described in Subsections
(22)(a)(i)
and
(ii)
; or
(ii)
an emergency, unforeseen circumstance, or other incident arises and an LEA
cannot reasonably provide timely non-electronic notification.
(c)
An LEA may not require the use of a privately owned electronic device to complete
course work.
(23)
A local school board shall do all other things necessary for the maintenance,
prosperity, and success of the schools and the promotion of education.
(24)
(a)
As used in this subsection, "special enrollment program" means a full-day
academic program in which a parent opts to enroll the parent's student and that is
offered at a specifically designated school within an LEA, including:
(i)
gifted or advanced learning programs; or
(ii)
dual language immersion programs.
(b)
Before closing a school, changing the boundaries of a school, or changing or closing
the location of a special enrollment program, a local school board shall:
(i)
at a local school board meeting, make and approve a motion to initiate the
notification required under Subsections
(24)(b)(ii)
through
(iv)
;
(ii)
on or before 90 days before the day on which the local school board approves the
school closure or at least 30 days before the day on which the local school board
approves a school boundary change, provide notice that the local school board is
considering the closure or boundary change to:
(A)
parents of students enrolled in the school, using the same form of
communication the local school board regularly uses to communicate with
parents and also by mail, using the United States Postal Service, to the parents
at each known address;
(B)
parents of students enrolled in other schools within the school district that may
be affected by the closure or boundary change, using the same form of
communication the local school board regularly uses to communicate with
parents and also by mail, using the United States Postal Service, to the parents
at each known address; and
(C)
the governing council and the mayor of the municipality in which the school is
located;
(iii)
provide an opportunity for public comment on the proposed school closure
during at least two public local school board meetings;
(iv)
provide an opportunity for public comment on the proposed school boundary
change during one public local school board meeting; and
(v)
hold a public hearing as defined in Section
10-20-102
and provide public notice
of the public hearing in accordance with Subsection
(24)(c)
.
(c)
A local school board shall:
(i)
ensure that the notice of a public hearing required under Subsection
(24)(b)(v)

indicates the:
(A)
name of the school or schools under consideration for closure or boundary
change; and
(B)
the date, time, and location of the public hearing;
(ii)
if feasible, hold the public hearing at the location of the school that is under
consideration for closure;
(iii)
for at least 10 days before the day on which the public hearing occurs, publish
the notice of public hearing occurs, publish the notice of the public hearing for the
school district in which the school is located, as a class A notice under Section
63G-30-102
; and
(iv)
at least 30 days before the day on which the public hearing occurs, provide notice
of the public hearing in the same manner as the notice of consideration under
Subsection
(24)(b)(ii)
.
(d)
A motion made under Subsection
(24)(b)
shall name each school under consideration
for closure in a separate motion.
(e)
For a school closure, a local school board shall complete the process described in this
Subsection
(24)
on or before December 31 of the calendar year preceding the
beginning of the school year in which a school closure takes effect.
(f)
(i)
For a school boundary change, a local school board shall complete the process
described in this Subsection
(24)
no more than 60 days after the day on which the
local school board votes to approve a school closure.
(ii)
Parents of students enrolled in a school affected by a boundary change shall have
at least 30 days after the day on which the local school board votes to approve a
school boundary change to request an out of area enrollment request in accordance
with Chapter
6, Part 4
, School District Enrollment.
(25)
A local school board may implement a facility energy efficiency program established
under Title
11, Chapter 44
, Performance Efficiency Act.
(26)
A local school board may establish or partner with a certified youth court in
accordance with Section
80-6-902
or establish or partner with a comparable restorative
justice program, in coordination with schools in that district. A school may refer a
student to a youth court or a comparable restorative justice program in accordance with
Section
53G-8-211
.
(27)
(a)
As used in this Subsection
(27)
:
(i)
"Learning material" means any learning material or resource used to deliver or
support a student's learning, including textbooks, reading materials, videos, digital
materials, websites, and other online applications.
(ii)
(A)
"Instructional material" means learning material that a local school board
adopts and approves for use within the LEA.
(B)
"Instructional material" does not include learning material used in a
concurrent enrollment, advanced placement, or international baccalaureate
program or class or another class with required instructional material that is not
subject to selection by the local school board.
(iii)
"Supplemental material" means learning material that:
(A)
an educator selects for classroom use; and
(B)
a local school board has not considered and adopted, approved, or prohibited
for classroom use within the LEA.
(b)
A local school board shall:
(i)
make instructional material that the school district uses readily accessible and
available for a parent to view;
(ii)
annually notify a parent of a student enrolled in the school district of how to
access the information described in Subsection
(27)(b)(i)
; and
(iii)
include on the school district's website information about how to access the
information described in Subsection
(27)(b)(i)
.
(c)
In selecting and approving instructional materials for use in the classroom, a local
school board shall:
(i)
establish an open process, involving educators and parents of students enrolled in
the LEA, to review and recommend instructional materials for board approval; and
(ii)
ensure that under the process described in Subsection
(27)(c)(i)
, the board:
(A)
before the meetings described in Subsection
(27)(c)(ii)(B)
, posts the
recommended learning material online to allow for public review or, for
copyrighted material, makes the recommended learning material available at
the LEA for public review;
(B)
before adopting or approving the recommended instructional materials, holds
at least two public meetings on the recommendation that provides an
opportunity for educators whom the LEA employs and parents of students
enrolled in the LEA to express views and opinions on the recommendation; and
(C)
adopts or approves the recommended instructional materials in an open and
regular board meeting.
(d)
A local school board shall adopt a supplemental materials policy that provides
flexible guidance to educators on the selection of supplemental materials or resources
that an educator reviews and selects for classroom use using the educator's
professional judgment, including whether any process or permission is required
before classroom use of the materials or resources.
(e)
If an LEA contracts with another party to provide online or digital materials, the
LEA shall include in the contract a requirement that the provider give notice to the
LEA any time that the provider makes a material change to the content of the online
or digital materials, excluding regular informational updates on current events.
(f)
Nothing in this Subsection
(27)
requires a local school board to review all learning
materials used within the LEA.
(28)
If information, data, or action from a school district is necessary for the state board to
fulfill a statutory data gathering, compliance, or reporting requirement, a local school
board shall provide the relevant information, data, or action, subject to enforcement
under Section
53E-3-401
.
(29)
Before adopting a policy or taking other formal action under this section, a local
school board shall consider the impact the proposed policy or action may have on family
health, stability, and formation.
Section 6. 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
proposed
rule with the office, the agency shall
:

(a)
conduct a thorough analysis, consistent with the criteria established by the
Governor's Office of Planning and Budget, of the fiscal impact
a
the
rule may have
on businesses, which criteria may include:
(a)
(i)
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)
(ii)
the individual fiscal impact that would incur to a single business for a
one-year period;
(c)
(iii)
the aggregated total fiscal impact that would incur to all businesses within
the state for a one-year period;
(d)
(iv)
the total cost that would incur to all impacted entities over a five-year
period; and
(e)
(v)
the department head's comments on the analysis
.
; and
(b)
consider the impact the proposed rule may have on family health, stability, and
formation.
(6)
(a)
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)
(i)
establishing less stringent compliance or reporting requirements for small
businesses;
(b)
(ii)
establishing less stringent schedules or deadlines for compliance or reporting
requirements for small businesses;
(c)
(iii)
consolidating or simplifying compliance or reporting requirements for small
businesses;
(d)
(iv)
establishing performance standards for small businesses to replace design or
operational standards required in the proposed rule; and
(e)
(v)
exempting small businesses from all or any part of the requirements
contained in the proposed rule.
(b)
(i)
If an agency reasonably expects that a proposed rule will have a measurable
negative impact on family health, stability, or formation, the agency shall, to the
extent allowed by state and federal law, consider reasonable alternatives or
modifications to the rule that may reduce the impact, which may include:
(A)
phasing in compliance or implementation requirements;
(B)
adjusting effective dates or transition periods;
(C)
simplifying administrative or procedural requirements that directly affect
families; or
(D)
other reasonable alternatives identified by the agency.
(ii)
An agency is not required to adopt an alternative or modification described in
Subsection
(6)(b)(i)
.
(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)
(6)(a)
, the agency
shall perform the analysis described in Subsection
(6)
(6)(a)
.
(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
on businesses
as required under
Subsection
(5)
(5)(a)
;
(m)
a brief statement that the agency considered the impact of the rule on family health,
stability, and formation under Subsection
(5)(b)
and, if applicable, a brief summary
of the agency's efforts to consider reasonable alternatives or modifications under
Subsection
(6)(b)
;
(m)
(n)
any additional comments the department head may choose to submit regarding
the fiscal impact the rule may have on businesses; and
(n)
(o)
if applicable, a summary of the agency's efforts to comply with the requirements
of Subsection
(6)
(6)(a)
.
(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)
An agency shall mail a copy of the rule analysis to a person that makes a timely
request of the agency for advance notice of the agency's rulemaking proceedings and to
any other person that, 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
,
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)
(i)
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
five-year period, has a fiscal impact of more than $1,000,000 statewide.
(ii)
A proposed rule that is subject to Subsection
(13)(e)
is exempt from Subsection
(13)(a)(i)
.
(b)
An appropriations subcommittee or interim committee that reviews a rule an agency
submits 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 an agency
submits 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 agency shall calculate the substantial fiscal impact in accordance with
Subsection
(5)
(5)(a)
.
(e)
Unless an agency cannot implement a statute or execute a federally delegated
authority without making a rule that is estimated to have substantial fiscal impact, the
agency may not make the rule.
(f)
The requirements described in Subsections
(13)(a)
and
(13)(b)
do 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 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 4:02 PM