RulesNews

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

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

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

From 12th on the list and second from consideration on the Senate 2nd reading calendar, 1st Substitute H.B. 317 was sifted to 46th on the calendar. This action, part of a motion by Sen. Mike Waddoups at approximately 4:05 p.m., virtually assures 1st Substitute H.B. 317 will not pass. 1st Substitute H.B. 317, an Administrative Rules Review Committee bill, modified

On February 14, 2006, the Fiscal Analyst’s office distributed a copy of 1st Sub. H.B. 317, Administrative Rule Criminal Penalty Amendments. This substitute, not yet introduced, makes additional changes to the following statutory sections beyond those that appeared in the original bill: Sections 4-38-7 (Agriculture), 40-6-12 (Oil, Gas and Mining), 40-8-9 (Oil, Gas and Mining), 41-2-210 (Tax), 41-3-701 (Tax), 51-7-22.4

This bill, an Administrative Rules Review Committee bill, addresses the criminal penalties issues. These were discussed at the committee’s July 11, November 4, and 22, 2005, and January 13, 2006, meetings. Several agencies submitted alternative language that satisfied the committee’s concerns. This bill proposes to make those changes to the respective statutes. The bill affects the following statutory sections: 4-38-7,