H.B. 221

1

TIMING TO COMMENCE A CIVIL ACTION
2 BY THE DEPARTMENT OF ENVIRONMENTAL
3 QUALITY
4 2007 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Ronda Rudd Menlove
7 Senate Sponsor: Gregory S. Bell
8
9 LONG TITLE
10 General Description:
11 This bill expands which Department of Environmental Quality actions toll the running
12 of the period to commence a civil action.
13 Highlighted Provisions:
14 This bill:
15 . provides that a notice of violation, agency action, or order tolls the running of the
16 time in which the department may commence a civil action for a penalty; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 19-1-305, as renumbered and amended by Chapter 112 and enacted by Chapter 155,
25 Laws of Utah 1991
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 19-1-305 is amended to read:
29 19-1-305. Administrative enforcement proceedings -- Tolling of limitation period.
30 [The issuance of an administrative enforcement] Issuing a notice of a violation [or], an
31 order [under Section 19-1-202 , 19-2-110 , 19-4-107 , 19-6-404 , 19-5-111 , or 19-6-112 , or
32 issuance of], or a notice of agency action under [Section 19-3-109 or 19-6-407 ] this title tolls
33 the running of the period of limitation for [commencement of] commencing a civil action
34 [brought] to assess or collect a penalty until the sooner of:
35 (1) the [date] day on which the notice of violation, order, or agency action becomes
36 final under Title 63, Chapter 46b, Administrative Procedures Act[,]; or [for a period of]
37 (2) three years[, whichever occurs first] from the day on which the department issues a
38 notice or order described in this section.




Legislative Review Note
as of 11-16-06 10:15 AM

Office of Legislative Research and General Counsel