HB 968 Environmental audit report privilege.
Frank W. Wagner | all patrons    ...    notes
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Summary:
Environmental audit report privilege. Sets out as privileged, information contained in an environmental audit report. Such report is the result of a voluntary internal evaluation of one or more facilities regulated under environmental laws to identify and prevent noncompliance with such laws. The contents of such reports are not to be admissible in any administrative, civil or criminal proceeding except when (i) the privilege is waived; (ii) a court in a civil, criminal or administrative proceeding, after in camera review, determines that (a) the privilege is asserted for a fraudulent purpose, (b) the material is not subject to the privilege, and (c) even if subject to the privilege, the material shows noncompliance with environmental laws and appropriate efforts to achieve compliance were not promptly initiated; or (iii) the Attorney General has probable cause to believe a criminal offense has been committed and, after in camera review, a court finds that the material is not privileged.

Full text:
01/25/94  House: Presented and ordered printed  pdf

Status:
01/25/94  House: Presented and ordered printed
01/25/94  House: Referred to Committee on Conservation and Natural Resources
02/09/94  House: Reported from Cons. & Natural Resources (17-Y 4-N)
02/09/94  House: Referred to Committee for Courts of Justice
02/11/94  House: Assigned to C. J. sub-committee: 3/4
02/13/94  House: Continued to 1995 in Courts of Justice (22-Y 0-N)
12/20/94  House: No action taken by Courts of Justice by voice vote