Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 31 First Substitute (2015GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies civil penalties for violating a provision of the Public Utilities Code.

Every vote on this bill

Bill text

NATURAL GAS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
 Kevin T. Van Tassell
LONG TITLE
Committee Note:
The Public Utilities and Technology Interim Committee recommended this bill.
General Description:
This bill amends a provision of the Public Utilities Code related to natural gas
pipelines.
Highlighted Provisions:
This bill:
▸ modifies civil penalties for violating a provision of the Public Utilities Code.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
54-13-8
, as enacted by Laws of Utah 2011, Chapter 426
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-13-8
 is amended to read:
54-13-8.
Violation of chapter -- Penalty.
(1) Any person engaged in intrastate pipeline transportation who is determined by the
commission, after notice and an opportunity for a hearing, to have violated any provision of
this chapter or any rule or order issued under this chapter, is liable for a civil penalty of not
more than [
$10,000
] 
$100,000
 for each violation for each day the violation persists.
(2) The maximum civil penalty assessed under this section may not exceed [
$500,000
]
$1,000,000
 for any related series of violations.
(3) The amount of the penalty shall be assessed by the commission by written notice.
(4) In determining the amount of the penalty, the commission shall consider:
(a) the nature, circumstances, and gravity of the violation; and
(b) with respect to the person found to have committed the violation:
(i) the degree of culpability;
(ii) any history of prior violations;
(iii) the effect on the person's ability to continue to do business;
(iv) any good faith in attempting to achieve compliance;
(v) the person's ability to pay the penalty; and
(vi) any other matter, as justice may require.
(5) (a) A civil penalty assessed under this section may be recovered in an action
brought by the attorney general on behalf of the state in the appropriate district court, or before
referral to the attorney general, it may be compromised by the commission.
(b) The amount of the penalty, when finally determined, or agreed upon in
compromise, may be deducted from any sum owed by the state to the person charged.
(6) Any penalty collected under this section shall be deposited in the General Fund.
Legislative Review Note
 as of 11-20-14 5:26 PM
Office of Legislative Research and General Counsel