Rep. Ben Ferry is sponsoring H.B. 32, Amendments to Agency Rulemaking Regarding Criminal Penalties. After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend provisions in statute that apply a criminal penalty for violation of a rule.
H.B. 32 affects statutes for the following departments:
- Commerce (Title 61);
- Health (Title 26);
- Insurance (Title 31A);
- Labor Commission (Titles 34 and 34A);
- Natural Resources (Title 23); and
- Public Service Commission (Title 54).
A House amendment approved in committee inserted changes in the Rulemaking Act in Subsection 63G-3-201(5). These changes, starting on line 632y, provide that a “violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except” in enumerated circumstances. Three additional House floor amendments have been prepared and are posted on the Legislature’s web site.
Additional information about H.B. 32 is available from the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/HB0032.htm .