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House approves limits on criminal penalties tied to agency rulemaking
Summary
HB32 narrows agency rulemaking authority to prevent routine administrative rules from carrying criminal penalties; the measure passed the House 72-0 after substitute amendments. Supporters said the change protects legislative prerogative on criminal law.
The Utah House passed House Bill 32 on Feb. 4 to restrict agency rulemaking from creating criminal penalties and to preserve legislative control over what conduct may be criminalized. The bill — the product of a three-year Administrative Rules Committee review — passed the House 72-0 after amendment.
Representative Ferry explained that the committee discovered instances where rule violations could effectively subject citizens to criminal penalties; HB32 removes rulemaking that directly attaches criminal punishment while keeping enforcement authority for violations of orders. "From a legislative perspective... issues that will put somebody in jail, we feel... is the prerogative of the legislature," Ferry said, describing the bill as preserving civil enforcement while reserving criminal exposure to order violations where appropriate.
The bill includes specific language for the Department of Natural Resources to retain proclamation flexibility (for emergency fishing-season changes, disease response) and codifies certain proclamatory authorities in statute while removing criminal-exposure risk from routine rulemaking. After substitute amendments clarifying federal primacy exceptions and adjustments to conform federal mandates, the House voted to transmit HB32 to the Senate.
