Bill Text | History of Actions | Background | Title |
Description: Environment; revise environmental self-evaluation report privilege (DEQ).
Bill Text: [Introduced]
1 | 02/21/00 | (H) | Referred To Conservation and Water Resources;Judiciary A | |
2 | 03/07/00 | (H) | Died In Committee |
Effective date | Passage | |
Disposition | Dead | |
Deadline | General Bill/Constitutional Amendment | |
Revenue | No | |
3/5ths vote required | No |
House Committees:
Principal Author: Ellington
Code Sections: A 049-0002-0002, A 049-0002-0071, A 017-0017-0029, A 049-0017-0043, A 049-0017-0427
Title: AN ACT TO AMEND SECTION 49-2-2, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF ENVIRONMENTAL SELF-EVALUATION REPORT TO INCLUDE IN THAT DEFINITION ANY DOCUMENTS PREPARED BY AN OWNER OR OPERATOR OF A FACILITY AS A RESULT OF A SELF-EVALUATION; TO AMEND SECTION 49-2-71, MISSISSIPPI CODE OF 1972, TO EXPAND THE EVIDENTIARY PRIVILEGE GRANTED TO ENVIRONMENTAL SELF-EVALUATION REPORTS; TO EXPAND THE TYPES OF PROCEEDINGS IN WHICH SUCH REPORTS ARE PRIVILEGED AND NOT ADMISSIBLE FROM CIVIL, CRIMINAL OR ADMINISTRATIVE PROCEEDINGS TO ANY PROCEEDING WHATSOEVER WHERE A GOVERNMENTAL OR PRIVATE ENTITY IS SEEKING THE ASSESSMENT OF A CIVIL OR ADMINISTRATIVE PENALTY; TO PROVIDE THAT SUCH REPORTS ARE NOT SUBJECT TO COMPELLED PRODUCTION THROUGH LEGAL RULES OF DISCOVERY OR BY SUBPOENA; TO ALLOW THE PRIVILEGE TO APPLY TO CERTAIN INFORMATION REQUIRED OR DEVELOPED PURSUANT TO ENVIRONMENTAL LAWS OR REGULATIONS; TO REQUIRE THE PERSON ASSERTING THE PRIVILEGE TO PROVE THE APPLICABILITY OF THE PRIVILEGE; TO EXPRESSLY STATE THAT THE ENVIRONMENTAL SELF-EVALUATION REPORT PRIVILEGE DOES NOT APPLY TO CRIMINAL PROCEEDINGS; TO AMEND SECTIONS 17-17-29, 49-17-43 AND 49-17-427, MISSISSIPPI CODE OF 1972, TO REVISE THE CONDITIONS PLACED ON THE REDUCTION OF PENALTIES WHEN NONCOMPLIANCE IS DISCOVERED AND REPORTED AS THE RESULT OF A VOLUNTARY SELF-EVALUATION; AND FOR RELATED PURPOSES.
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