View source for An Act To End Regulatory Criminalization

{{Infobox ALEC Bills
|bill_title          = An Act To End Regulatory Criminalization 
|date_introduced     = November 30, 2018
|date_reviewed       = 
|date_finalized      = December 26, 2018
|date_amended        =	
|date_accessed       = 
|type                = Model Policy
|status              = Final
|task_forces         = Criminal Justice
|keywords            = 
|notes               =
}}
<h1>An Act To End Regulatory Criminalization</h1>
<p>Summary: An act to prohibit the creation of criminal offenses not subject to the strictures of bicameralism and presentment.</p>
<p></p>
<p>SEC. 1 | DEFINITIONS</p>
<p>1. Regulatory “catchall” provision—A provision in legislation that prescribes penalties (specifically criminal penalties, for the purposes of this legislation) for the violation of a rule, or rules, a regulatory body is authorized to promulgate, prior to the promulgation of such rules.</p>
<p></p>
<p>Regulatory body—Any governmental agency, quasi-private body, commissioner, or other official, vested with the authority to promulgate regulations of any sort enforceable by the state of _______________.</p>
<p>Rule or regulation—Any prohibition or requirement articulated by a regulatory body and enforceable either civilly or criminally by the state of ______________.</p>
<p>Criminal enforcement—Any enforcement action brought by the state for which the target of the enforcement action, if found guilty, can be—</p>
<p>imprisoned;</p>
<p>labeled as a felon or misdemeanant under state law;</p>
<p>fined more than $10,000; or</p>
<p>prohibited from exercising state or federal constitutional rights, including the rights to vote, keep and bear arms, and deny a law enforcement officer’s request to conduct a search pursuant to the Fourth Amendment to the Constitution of the United States.</p>
<p>Rules eligible for criminal enforcement—Any rule promulgated pursuant to a grant of legislative authority that contains a “regulatory catchall” provision by which the rule is covered.</p>
<p>SEC. 2 | BICAMERALISM AND PRESENTMENT REQUIRED</p>
<p>1. As of the effective date of this legislation, no rule or regulation covered by a “regulatory catchall” provision, except those that satisfy the requirements set out in (2, below) may be criminally enforced.</p>
<p></p>
<p>A rule or regulation may be criminally enforced if and only if it has been approved—in the form of a joint resolution subject to an up and down vote—by a simple majority of both houses of the _____________ state legislature, and that resolution has been signed by the Governor.</p>
<p>Promulgated rules eligible for criminal enforcement that have not satisfied the requirements set out in (2, above) will be restricted to civil enforcement unless and until said requirements are satisfied.</p>
<p>If no civil enforcement penalties are set out in the legislation authorizing a promulgated rule eligible for criminal enforcement, the penalties for the violation of said rule are as follows—</p>
<p>Upon a finding of guilt by a preponderance of the evidence, a fine not exceeding $150 per violation may be levied.</p>
<p>Failure to pay any fines levied pursuant to (A, above) can result in additional fines, a finding of contempt of court, or the suspension of a state license related to the offense charged held by the accused.</p>