January 29, 1999

Mr. Speaker:

Your ENERGY AND NATURAL RESOURCES COMMITTEE, to whom has been referred

HOUSE BILL 39

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

1. On page 2, line 8, strike "at least fifteen degrees".

2. On page 2, line 12, after "fixtures" insert "installed after January 1, 2000".

3. On page 3, line 4, after the period, strike the remainder of the line and strike lines 5 and 6 in their entirety.

4. On page 3, line 13, strike "inoperable" and insert in lieu thereof "unrepairable".

5. On page 3, line 16, strike "and".

6. On page 3, line 18, strike "at airports." and insert in lieu thereof "; and".

7. On page 3, between lines 18 and 19, insert the following new paragraph:

"(4) outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, feedlots or industrial, mining or oil and gas facilities.".

8. On page 4, between lines 5 and 6, insert the following new section to read:

"Section 9. COSTS OF REPLACEMENT--RECOVERY.--If public utilities are required pursuant to the provisions of the Night Sky Protection Act or by local government ordinances to accelerate replacement of lighting fixtures, the cost of such replacement shall be included in rates approved by the public regulation commission.".

9. Renumber the succeeding section accordingly.

10. On page 4, line 8 after "Act", strike the remainder of the line and strike lines 9 and 10 in their entirety.

11. On page 4, line 8 after "Act" insert "shall be punished as follows:

"A. for a first offense $100 (one hundred dollars) for each offending fixture, provided however such fine will be reduced by the cost of replacement;

B. for a second offense, or a continuing offense which continues for six months from the date of citation, $500 (five hundred dollars) for each offending fixture provided, however, such fine will be reduced by the cost of replacement;

C. for a third offense or a continuing offense which continues for 12 months from the date of citation, the offending fixture shall be subject to forfeiture.",

and thence referred to the JUDICIARY COMMITTEE.

Respectfully submitted,

James Roger Madalena, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 6 For 2 Against

Yes: 6

No: Kissner, Roberts

Excused: Parsons, Picraux

Absent: None

.126424.2

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