FIFTY-FIRST LEGISLATUREHB 189/a

FIRST SESSION, 2013



March 14, 2013


Mr. President:


    Your JUDICIARY COMMITTEE, to whom has been referred


HOUSE ENERGY AND NATURAL RESOURCES COMMITTEE SUBSTITUTE FOR HOUSE BILL 189, as amended


has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:


    1. On page 1, line 12, strike "; PROVIDING CRIMINAL PENALTIES".


    2. On page 1, line 20, after "false", insert "written".


    3. On page 1, lines 21 and 22, strike ", whether oral, written or visual" and insert in lieu thereof "about a material fact that is relevant to the department's determination of compliance with a statute or rule".


    4. On pages 2 and 3, strike Subsections B, C, D and E in their entirety.


    5. Reletter the succeeding subsections accordingly.


    6. On page 3, line 7, strike both instances of "negligently".


    7. On page 3, line 8, strike "allows" and insert in lieu thereof "authorizes".


    8. On page 3, line 13, strike "negligent".


    9. On page 3, line 14, strike "negligent".


    10. On page 3, line 17, strike "negligent".


    11. On page 3, line 19, strike "negligent".


    12. On page 3, between lines 19 and 20, insert the following new subsection:


         "C. The department shall include a prominently placed warning on all department forms or documents that are completed by persons regulated by the department, providing that making false statements on the department form or document may subject the person making the false statement to civil penalties. A form that does not include a warning as required by this subsection shall not be admitted into evidence for any purpose in a proceeding brought pursuant to this section.".


    13. Reletter the succeeding subsection accordingly.


                               Respectfully submitted,



                               ___________________________________

                               Richard C. Martinez, Chairman



Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)



                  Date ________________________



The roll call vote was 6 For 0 Against

Yes:     6

No:      0

Excused: Griggs, Martinez, McSorley, Wirth

Absent:  None



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