HOUSE AMENDMENT

    hbd-32                                        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         On page 1, line 15,

15  remove from the bill:  everything after the enacting clause,

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17  and insert in lieu thereof:

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

19  regulates the activities of any profession, occupation, or

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

21  of the regulations applicable to the payment of those taxes or

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

23  institute a criminal, civil, or administrative proceeding

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

25  compel compliance with the regulation until it informs the

26  person of the requirements of the regulation and gives the

27  person a reasonable time to comply.  However, this prohibition

28  does not apply if the violation constitutes a felony under

29  state law or if the violator had prior actual knowledge of the

30  requirements of the regulation or if it would affect an

31  agency's ability to obtain or retain a federally delegated or

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    File original & 9 copies    04/01/98
    hbd0001                     10:00 am         01719-0033-402409




                                                   HOUSE AMENDMENT

    hbd-32                                        Bill No. HB 1719

    Amendment No.     (for drafter's use only)





 1  approved environmental program. This prohibition does not

 2  apply if the violator had prior actual knowledge of the

 3  requirements of the regulation or if the agency determines the

 4  violation constitutes an imminent detriment to the public

 5  health, safety, and welfare.

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

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

 8  compel compliance with, the regulation, it is a defense that

 9  the state agency has a pattern of failure to enforce the

10  regulation with respect to substantially the same violation

11  committed by others.

12         Section 2.  A state agency that collects taxes or

13  regulates the activities of any profession, occupation, or

14  business and that has actual knowledge that a person has

15  violated one of the regulations applicable to the payment of

16  those taxes or applicable to the profession, occupation, or

17  business or, with the exercise of due diligence, should have

18  known of the violation, is estopped from enforcing the

19  regulation against the person if the state agency had actual

20  or imputed knowledge of the violation for a period of more

21  than 1 year and did not give the violator notice of the

22  requirements of the regulation within that time.

23         Section 3.  This act shall take effect upon becoming a

24  law.

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    File original & 9 copies    04/01/98
    hbd0001                     10:00 am         01719-0033-402409