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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 487 be amended to read as follows:

SOURCE: Page 14, line 39; (09)MO048702.14. -->     Page 14, line 39, after "capacity," insert " and subject to subsections (i) and (j),".
    Page 15, line 10, after "(i)" insert " The advisory board may consider the following when making a recommendation under subsection (h):
        (1) Whether the person found to be in violation of this chapter is a first time or repeat violator.
        (2) Whether the person found to be in violation of this chapter is:
            (A) a homeowner or tenant performing excavation or demolition:
                (i) on the homeowner's or tenant's residential property; and
                (ii) outside an operator's easement or right of way; or
            (B) a business entity.
        (3) The severity of the violation.
    (j) If the advisory committee determines that:
        (1) the person found to be in violation of this chapter is a first time violator described in subsection (i)(2)(A); and
        (2) the violation did not result in physical harm to a person;
the advisory committee may not recommend a penalty described in subsection (h)(1) or (h)(4).
    (k)
".
    (Reference is to ESB 487 as printed March 31, 2009.)

________________________________________

Representative Austin


MO048702/DI 103     2009