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.)
________________________________________
MO048702/DI 103 2009