FORTY-SEVENTH LEGISLATURE

FIRST SESSION, 2005

February 16, 2005

Mr. Speaker:

    Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred

HOUSE BILL 482

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

1. On page 1, line 12, after "IN" insert "ENGINE COOLANT OR".

     2. On page 1, line 13, strike "REQUIRING LABELING" and insert in lieu thereof "PROVIDING A PENALTY".

     3. On page 1, line 16, after "IN" insert "ENGINE COOLANT OR".

     4. On page 1, line 17, strike "LABELING" and insert in lieu thereof "PENALTY".

     5. On page 1, line 18, strike "Antifreeze" and insert in lieu thereof "Engine coolant or antifreeze".

     6. On page 1, line 21, after "million" insert "but no more than fifty parts per million".

     7. On page 1, line 23, after the period strike the remainder of the line, strike all of lines 24 and 25 and on page 2, line 1, strike "benzoate.".

     8. On page 2, line 1, after "of" insert "engine coolant or".

     9. On page 2, line 9, after "of" insert "engine coolant or".

     10. On page 2, line 11, after "death" insert a comma and strike "or".

     11. On page 2, line 11, after "damage" insert ", damage to the environment or natural resources or economic loss".

     12. On page 2, lines 12 and 13, strike "ethylene glycol" and insert in lieu thereof "engine coolant or".

     13. On page 2, line 16, strike "ethylene glycol" and insert in lieu thereof "engine coolant or".

     14. On page 2, line 17, after the period insert:

     "The limitation on liability provided in Subsection B of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.".

     15. On page 2, lines 18 through 22, strike Subsection D in its entirety and insert in lieu thereof a new Subsection D to read:

          "D. No political subdivision of this state shall have authority to establish or continue in effect a prohibition, limitation, standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze, with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze, that is different from or in addition to the provisions of this section.".

     16. On page 2, line 24, after "contains" insert "engine coolant or".

     17. On pages 2 and 3, strike Subsection F in its entirety and insert in lieu thereof a new Subsection F to read:

          "F. A person who violates the provisions of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.".,

and thence referred to the JUDICIARY COMMITTEE.