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House debate removes language that would have given Industrial Commission deference; Senate Bill 187 passes

Utah House of Representatives · March 2, 1994
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Summary

Lawmakers debated and rejected a substitute motion that would have left language affording the Industrial Commission interpretive primacy, then returned to the main bill. Senate Bill 187 passed the House 46–25.

Representative Howard offered a substitute amendment urging the House to delete language that would allow the Industrial Commission to "interpret law," arguing the change preserves independent judicial review.

The amendment’s sponsor and supporters said removing the phrase would not prevent the Industrial Commission from determining facts at hearings but would prevent the commission from obtaining superior legal interpretive weight over courts. "I don't want the industrial commission to have the job, or to prevent the court from having an independent look at the law," Representative Howard said during floor debate.

Opponents countered that courts and the commission both need the statutory ability to apply law and that concerns about agency authority had already been addressed in the Senate through earlier amendments. Representative Wright said the Senate had placed amendments there to resolve the issue and urged members to vote against the substitute.

The House voted on the Howard substitute motion; the motion failed for lack of sufficient support. Time expired on further debate, the body returned to the main bill and proceeded to final passage. Senate Bill 187 passed the House with 46 affirmative and 25 negative recorded votes.

The action leaves intact the bill’s other provisions and sends the measure forward after the House’s final vote.