CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1719

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Feeney offered the following:

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13         Amendment 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  A state agency that collects taxes or

18  regulates the activities of any profession, occupation, or

19  business and that has knowledge that a person has violated one

20  of the rules applicable to the payment of those taxes or

21  applicable to the profession, occupation, or business may not

22  institute a criminal, civil, or administrative proceeding

23  against the person to impose a penalty for the violation or to

24  compel compliance with the rule until it informs the person of

25  the requirements of the rule and gives the person a reasonable

26  time to comply.  However, this prohibition does not apply if

27  the violation constitutes a felony under state law or if the

28  violator had prior actual knowledge of the requirements of the

29  rule or if it would affect an agency's ability to obtain or

30  retain a federally delegated or approved environmental

31  program. This prohibition does not apply if the violator had

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    File original & 9 copies    04/13/98
    hgv0002                     09:33 am         01719-0033-331387




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1719

    Amendment No.     (for drafter's use only)





 1  prior actual knowledge of the requirements of the rule or if

 2  the agency determines the violation constitutes an imminent

 3  detriment to the public health, safety, and welfare.

 4         (2)  In any criminal, civil, or administrative

 5  proceeding to impose a penalty for a violation of, or to

 6  compel compliance with, the rule, it is a defense that the

 7  state agency has a demonstrated pattern of failure to enforce

 8  the rule with respect to substantially the same violation

 9  committed by others.

10         Section 2.  A state agency that collects taxes or

11  regulates the activities of any profession, occupation, or

12  business and that has actual knowledge that a person has

13  violated one of the rules applicable to the payment of those

14  taxes or applicable to the profession, occupation, or business

15  or, with the exercise of due diligence, should have known of

16  the violation, is estopped from enforcing the rule against the

17  person if the state agency had actual or imputed knowledge of

18  the violation for a period of more than 1 year and did not

19  give the violator notice of the requirements of the rule

20  within that time.

21         Section 3.  This act does not apply to taxes, penalties

22  or interest imposed by statute.

23         Section 4.  This act does not apply to rules directly

24  related to the practice of a profession, occupation, or

25  business subject to licensure by the state.

26         Section 5.  This act shall take effect upon becoming a

27  law.

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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    File original & 9 copies    04/13/98
    hgv0002                     09:33 am         01719-0033-331387




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1719

    Amendment No.     (for drafter's use only)





 1  remove from the title of the bill:  everything before the

 2  enacting clause

 3

 4  and insert in lieu thereof:

 5                      A bill to be entitled

 6         An act relating to professions, occupations,

 7         and businesses; prohibiting specified state

 8         agencies from penalizing a person for violating

 9         specified rules of which he had no knowledge;

10         prohibiting such agencies from enforcing rules

11         applicable to the collection of taxes or to

12         professions, occupations, or businesses when

13         specified conditions are met; providing

14         exceptions; providing a defense for enforcement

15         actions in specified circumstances; providing

16         exceptions; providing an effective date.

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    File original & 9 copies    04/13/98
    hgv0002                     09:33 am         01719-0033-331387