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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11 Representative(s) Feeney offered the following:
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13 Amendment
14 Remove from the bill: Everything after the enacting clause
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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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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
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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