May 03
USOE — JUST WRITE THE RULES
2007 at 11:35 pm | posted by Rep. Craig Frank 4 comments
On my way to the Legacy Awards Banquet this evening at Rice-Eccles Stadium, I heard some disturbing news on the local radio. The Utah State Board of Education tabled a mandate by the Legislature for the Office of Education to provide for the “rule making” task for the voucher bill. (Three votes NOT to table–Bravo!) Despite the fact that there were enough signatures for referendum on HB148, both HB148 and HB174 were PASSED BY THE LEGISLATURE and SIGNED BY THE GOVERNOR–THEY ARE CURRENTLY LAW. For the Board not to create the proper rules for the implementation of these two laws is CONTEMPT.
The rules MUST be written, no matter what form they take. A proper review and hearing in front of the Legislative Administrative Rules Committee will determine if the rules provided by the Office of Education are sufficient and meet the intent of the Legislature. If they aren’t sufficient–back to the drawing board. If there is a lawsuit, so be it. That’s life. We’ll iron that one out later in the proper venue. But the statute IS clear and rule-making authority HAS been granted (or mandated by the legislature).
If the referendum passes (whenever its voted upon, June ‘07, Nov ‘07, Feb ‘08, Nov ‘08, or some other time) and HB148 becomes null and void by General vote of the People, HB174 will continue to exist in its current statutory form. The Board MUST write the rules so implementation of the voucher program will commence on its effective date.
JUST WRITE THE RULES.
May 4th, 2007 at 8:30 am
I believe that, under the state constitution, once enough signatures were certified, HB148 does not take effect until it is approved by voters. Its effective date is basically suspended (see the 2005 Mouty opinion by the Utah Supreme Court). That may or may not affect your argument, but I just felt it wasn’t clear from what you wrote.
May 4th, 2007 at 9:55 am
I disagree with you on this one.
I applaud the school board for being cautious and for considering legislative intent – the intent was for the second bill to amend the first, not to stand alone. The legislature should acknowledge the will of the people, not try and find loopholes to get around it.
May 4th, 2007 at 11:36 am
Ii think it is quite refreshing to have a representative body actually sit back and think about potential legal problems and the cost to taxpayers to defend reckless or hurried actions.
One way or another, we all know the voucher issue will be decided in court.
May 4th, 2007 at 3:15 pm
Voice:
I just got off the phone with an LRGC Attorney (Legislative Staff Attorney) and you are correct. HB148 is in “limbo” until the outcome of the Referendum is determined by election.
Now, HB174 HAS become law which potentially poses a number of other interesting questions. However, unitl a lawsuit is filed and the court determines its unconstitutionality, HB174 IS LAW and the Office of Education IS under obligation to produce rules consistent with its proper and timely implementation. Remember the Attorney General’s Office has already determined that HB174 can be constitutionally defended.
My question is: The Office of Education makes rules all day every day with a lot less statutory direction and instruction by the Legislature, why then, is the Office not able to draft rules related to this statute?