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House approves bill clarifying corporate records and administrative procedure requirements (HB 75)

Utah House of Representatives · January 10, 1990
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Summary

The House passed HB 75 clarifying that the Division of Corporations may retain electronic records in lieu of original paper documents and that its actions are governed by the Administrative Procedures Act; the bill passed 72‑0.

The Utah House voted to advance H.B. 75, a measure clarifying the Division of Corporations and Commercial Code’s authority to retain electronic copies in lieu of original paper documents and to ensure actions taken under the Division dovetail with the Administrative Procedures Act.

Representative Ted D. Lewis, sponsor, told colleagues the bill allows the Division to dispose of original paper documents after microfilming or electronic recording, producing savings in storage and record management. He also emphasized that issuance of administrative orders—such as cease and desist orders—would remain subject to the Administrative Procedures Act; the bill adds clarity to existing practice rather than expanding discretionary enforcement authority.

Representative Maxfield and others asked whether the bill obligates the Division to enforce statutory violations; sponsors said the bill does not add new enforcement duties but noted the legislature’s attention may prompt more active administration. The House adopted the committee report and passed H.B. 75 by voice vote; the Clerk announced the roll call tally as 72 yes votes, no recorded opposition, and the bill was referred to the Senate.

What’s next: H.B. 75 is transmitted to the Senate; the Division will implement electronic‑records procedures consistent with AP A requirements, and any enforcement practices remain subject to administrative rulemaking and oversight.