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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0944.01D MCV HOUSE BILL 98­1418

STATE OF COLORADO

BY REPRESENTATIVE Anderson;

also SENATOR Powers.

REREVISED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING REPEAL OF CERTAIN PROVISIONS OF THE ENVIRONMENTAL SELF­EVALUATION LAWS, AND, IN CONNECTION THEREWITH, REPEALING THE IMMUNITY AGAINST CRIMINAL PENALTIES FOR ENVIRONMENTAL VIOLATIONS THAT ARE VOLUNTARILY DISCLOSED AND ELIMINATING THE SUNSET DATE FOR THE ENVIRONMENTAL SELF­EVALUATION PROVISIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Repeals the immunity against criminal penalties for environmental violations that are voluntarily disclosed to the department of public health and environment. Eliminates the June 30, 1999, sunset date for the immunity against civil and administrative penalties for such voluntarily disclosed violations. Eliminates the June 30, 1999, sunset date for the environmental audit privilege.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  13­25­126.5 (9), Colorado Revised Statutes, is amended to read:

13­25­126.5.  Documents arising from environmental self­evaluation ­ admissibility in evidence. (9)  This section applies only to all voluntary self­evaluations that are performed during the period beginning ON OR AFTER June 1, 1994. and ending June 30, 1999.

SECTION 2.  13­90­107 (1) (j) (II), Colorado Revised Statutes, is amended to read:

13­90­107.  Who may not testify without consent. (1)  There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person shall not be examined as a witness in the following cases:

(j) (II)  This paragraph (j) applies only to voluntary self­evaluations that are performed during the period beginning ON OR AFTER June 1, 1994. and ending June 30, 1999.

SECTION 3.  25­1­114.5 (9), Colorado Revised Statutes, is amended to read:

(9)  This section applies only to voluntary disclosures that are made and voluntary self­evaluations that are performed during the period beginning on OR AFTER June 1, 1994. and ending June 30, 1999.

SECTION 4.  Effective date ­ applicability. This act shall take effect July 1, 1998.

SECTION 5.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.