01RS HB143


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HB 143 (BR 956) - B. Yonts

     AN ACT relating to environmental audits.
     Amend KRS 224.01-040 to delete provision relating to privilege of environmental audit in "any legal action" and in criminal proceedings; delete provisions relating to procedures for, and exceptions to, conditions relating to asserting privilege in criminal proceedings; provide that privilege shall not extend to material made available to a regulatory agency "or any other person" pursuant to Chapter 224 or in any criminal proceeding; delete exemption of audit report disclosure in criminal proceedings; provide that the Natural Resources and Environmental Protection Cabinet shall not seek a civil penalty if a violation is not one resulting in significant economic benefit.


     HCS - Retain the original provisions but declare that the privilege shall not extend to documents required to be made available to the public rather than to "any other person"; prohibit the cabinet from seeking civil penalties if the violation does not give the violator an advantage over its competitors rather than the violation gives an economic benefit to the violator and declare that this prohibition doesn't apply to voluntary disclosures prior to the effective date of the Act.

     Feb 6-introduced in House
     Feb 7-to Natural Resources and Environment (H)
     Feb 13-posting waived; posted in committee
     Feb 14-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 15-2nd reading, to Rules
     Feb 19-posted for passage in the Regular Orders of the Day for Tuesday, February 20, 2001
     Feb 22-3rd reading, passed 94-0 with Committee Substitute
     Feb 23-received in Senate
     Feb 28-to Agriculture and Natural Resources (S)
     Mar 1-reported favorably, 1st reading, to Consent Calendar
     Mar 2-2nd reading, to Rules
     Mar 5-posted for passage in the Consent Orders of the Day for Tuesday, March 6, 2001
     Mar 6-3rd reading, passed 38-0
     Mar 7-received in House; enrolled, signed by each presiding officer, delivered to Governor
     Mar 15-signed by Governor (Acts ch. 44)

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