04/29/2004 08:08 AM Senate JUD

                                                                                                                                
CHAIR RALPH SEEKINS  first formally adjourned the  April 28, 2004                                                             
Senate  Judiciary meeting  and then  called the  April 29  Senate                                                               
Judiciary  Standing  Committee  meeting  to order  at  8:08  a.m.                                                               
Senators  Therriault,  Ellis,  French   and  Chair  Seekins  were                                                               
present. He explained  that the previous day's meeting  was a bit                                                               
confusing and,  upon reflection, he determined  that his original                                                               
ruling  that  Senator French's  motion  to  pass  SB 246  out  of                                                               
committee failed was correct according to Uniform Rule 24(a).                                                                   
                                                                                                                                
SENATOR ELLIS responded, "Mr. Chairman,  I believe your statement                                                               
is  incorrect.  There  was  a quorum  present  in  the  committee                                                               
yesterday. Two  votes to one  vote does move  the bill on  to the                                                               
next committee of referral with individual recommendations."                                                                    
                                                                                                                                
CHAIR SEEKINS asked according to what rule.                                                                                     
                                                                                                                                
SENATOR  ELLIS  did not  have  the  Uniform Rules  available  but                                                               
stated that  he was  appealing the  ruling of  the chair  on this                                                               
matter.                                                                                                                         
                                                                                                                                
CHAIR SEEKINS  stated that a ruling  of the chair in  a committee                                                               
is not appealable.  He noted that Senator Ellis  could appeal the                                                               
ruling to the full Senate.                                                                                                      
                                                                                                                                
SENATOR ELLIS  said he  would consider  his options  but believes                                                               
the bill  moved out of committee.  He then said he  went to Chair                                                               
Seekins' office  several times to  sign the committee  report but                                                               
it  was  kept  from  him,  which  he  considers  to  be  improper                                                               
behavior. He  asked Chair Seekins  to reconsider allowing  him to                                                               
sign the committee report.                                                                                                      
                                                                                                                                
CHAIR  SEEKINS  repeated that  his  original  ruling was  correct                                                               
under the  Uniform Rules  and that Senator  Ellis was  welcome to                                                               
appeal that ruling to the full body.                                                                                            
                                                                                                                                
SENATOR FRENCH  asked for a  brief at-ease to review  the Uniform                                                               
Rules.                                                                                                                          
                                                                                                                                
CHAIR SEEKINS said the committee  would continue its business and                                                               
that he would take several  at-eases, during which Senator French                                                               
could review the rules.