H.B. 32 Passed; Amends Subsection 63G-3-201(5)

Mike Broschinsky Administrative Law, Legislation, Uncategorized

H.B. 32 — amending provisions of statute in the Commerce, Health, Insurance, and Natural Resources titles of the code that provided a criminal penalty for violating rules — has passed.  Prior to passage, H.B. 32 was amended to include changes to Subsection 63G-3-201(5) of the Rulemaking Act. Subsection (5) formerly required that, “[a] rule shall enumerate any penalty authorized by …

H.B. 32, Amendments to Agency Rulemaking Regarding Criminal Penalties

Mike Broschinsky Legislation, Uncategorized

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 …

“Administrative Rule Penalty Amendments” Bill — H.B. 80 — Released

Mike Broschinsky Legislation, Uncategorized

For months, the Administrative Rules Review Committee discussed changes to statutes throughout the Utah Code that assign criminal penalties for violating administrative rules. Today, H.B. 80 was publicly released. H.B. 80, sponsored by Rep. Ben Ferry, is the culmination of those discussions. The bill addresses many of the remaining statutes that were not dealt with in S.B. 138 (2007). A …

Criminal Penalties and Rules, Part III

Mike Broschinsky Legislation, Uncategorized

The Legislature’s Administrative Rules Review Committee (ARRC) met on October 23. Toward the end of the meeting (2:21:00 on the audio recording of the meeting), Rep. Ben Ferry announced that he had opened a bill file to address the criminal penalties issue. For background, see “Statutes Imposing a Criminal Penalty for Violating a Rule, Part II”. The ARRC’s efforts to …

Statutes Imposing a Criminal Penalty for Violating a Rule, Part II

Mike Broschinsky Legislation, Uncategorized

In 2005, the Administrative Rules Review Committee looked at statutes that authorized criminal penalties for violating a rule. Back then, the Committee decided that to tackle the issue in two parts. With input from agencies, the Committee identified those provisions for which the criminal penalties could be eliminated without creating major concern or disruption. This bill finally passed during the …

1st Sub. S.B. 138 Passed

Mike Broschinsky Legislation, Uncategorized

1st Substitute S.B. 138 passed during the last hours of the 2007 General Session, thanks to a substitute motion by the House sponsor. S.B. 138, entitled Administrative Rule Criminal and Civil Penalty Amendments, amends sections throughout the Utah Code. In some cases, sections that provided criminal penalties for violating rules were amended to provide for civil penalties. In other instances, …

Substitute for S.B. 138

Mike Broschinsky Legislation, Uncategorized

Sen. Howard Stephenson presented S.B. 138 to the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on February 2, at which time he recommended a substitute bill. The committee gave a favorable recommendation to the substitute bill. The substitute bill amends Section 63A-5-103. It adds civil penalties for violating certain rules adopted by the Building Board, and permits the Board …

S.B. 138. Administrative Rule Criminal Penalty Amendments.

Mike Broschinsky Legislation, Uncategorized

This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues discussed during the 2005 Interim. It is similar to H.B. 317 (2006). The bill was discussed at the committee’s January 11, 2007, meeting. During 2005, several agencies submitted alternative statutory language that satisfied the committee’s concerns. This bill proposes to make those changes to the respective statutes. …

Bills Approved by Administrative Rules Review Committee

Mike Broschinsky Legislation, Uncategorized

In its December 20, 2006, meeting, the Administrative Rules Review Committee approved two bills as committee bills. These are the “Administrative Rule Criminal Penalty Amendments” and the “Filings of Administrative Rules, Orders, and Regulations” bills. The “Administrative Rule Criminal Penalty Amendments” will be substantially similar to Substitute H.B. 317 (2006). The bill amends sections throughout the Utah Code that prescribed …

Return of “Administrative Rule Criminal Penalty Amendments”

Mike Broschinsky Legislation, Uncategorized

During the 2006 General Session, the Legislature considered H.B. 317, entitled “Administrative Rule Criminal Penalty Amendments” (see http://www.le.state.ut.us/~2006/htmdoc/hbillhtm/HB0317S01.htm for more information). This bill amended statutes throughout the Utah Code removing criminal penalties for violations of administrative rules. Time ran out before the bill could be passed. Based on information available from the Legislature’s web site, it appears that a similar …