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House passes bill to limit jail-exposure from administrative rules
Summary
House Bill 80 passed 69–0. Sponsors said the bill requires codifying or removing agency rules that could subject individuals to jail time, with exceptions for agencies complying with federal mandates and a delayed effective date for some wildlife-related rules.
On Feb. 14 the Utah House passed House Bill 80, Administrative Rule Penalty Amendments, by a 69–0 vote and referred the bill to the Senate.
Sponsors said the purpose of HB80 is to identify areas where rulemaking could subject a person to jail time and to require those provisions be codified in statute instead of left solely to administrative rulemaking. The bill lists affected departments, including the Division of Wildlife Resources (Natural Resources), the Alcoholic Beverage Control Commission, the Labor Commission, Department of Workforce Services, the Tax Commission, the Public Service Commission, Department of Public Safety, the Division of Securities and Commerce, and the Department of Transportation.
The bill carves out agencies required to follow federal regulation (for example, OSHA, Department of Environmental Quality, Coast Guard and USDOT). Sponsors also said the Division of Wildlife Resources and Parks and Recreation would have a delayed effective date to review and ensure any codified provisions concerning natural events (for example, hunting season proclamations) are correct.
Representative Ferri thanked the Administrative Rules Committee and noted that the Departments of Insurance and Health asked to be excluded for further interim review of complex sections. The House closed the vote with the recorded passage and referral to the Senate.
