Tag Archives: H.B. 32 (2009)

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

Posted by on March 5, 2009 Comments Off

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 statute that may result from its violation.”  Now, Subsection (5) provides:

(5) (a) A rule shall enumerate any penalty authorized by statute that may result from its violation , subject to Subsections (5)(b) and (c).
(b) A violation of a rule may not be subject to the criminal penalty of a class C misdemeanor or greater offense, except as provided under Subsection (5)(c).
(c) A violation of a rule may be subject to a class C or greater criminal penalty under Subsection (5)(a) when:
(i) authorized by a specific state statute;
(ii) a state law and programs under that law are established in order for the state to obtain or maintain primacy over a federal program; or
(iii) state civil or criminal penalties established by state statute regarding the program are equivalent to or less than corresponding federal civil or criminal penalties.

In short, each agency is still required “to enumerate any penalty authorized by statute that may result from its violation”.  These penalties may be criminal or civil.

More information about H.B. 32 is available on the Legislature’s web site at http://le.utah.gov/~2009/htmdoc/hbillhtm/hb0032.htm.

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

Posted by on February 3, 2009 Comments Off

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 .