An Act to End Regulatory Criminalization
Summary: An act to prohibit the creation of criminal offenses not subject to the strictures of bicameralism and presentment.
SEC. 1 | DEFINITIONS
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.
- 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 _______________.
- Rule or regulation—Any prohibition or requirement articulated by a regulatory body and enforceable either civilly or criminally by the state of ______________.
- Criminal enforcement—Any enforcement action brought by the state for which the target of the enforcement action, if found guilty, can be—
- labeled as a felon or misdemeanant under state law;
- fined more than $10,000; or
- 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.
- 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.
SEC. 2 | BICAMERALISM AND PRESENTMENT REQUIRED
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.
- 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.
- 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.
- 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—
- Upon a finding of guilt by a preponderance of the evidence, a fine not exceeding $150 per violation may be levied.
- 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.