Legislature(2005 - 2006)

05/02/2005 02:09 PM JUD


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 104 - PERMANENT FUND DIVIDEND FRAUD                                                                                        
                                                                                                                                
[Contains mention  that portions of HB  127 and HB 273  have been                                                               
incorporated  into proposed  House  committee substitutes  (HCSs)                                                               
for SB 104.]                                                                                                                    
                                                                                                                                
2:10:58 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  CS FOR  SENATE BILL  NO. 104(JUD),  "An Act  relating to  the                                                               
crimes of unsworn  falsification in the first  and second degrees                                                               
and false  information or report; requiring  the establishment of                                                               
a  permanent  fund  dividend  fraud  investigation  unit  in  the                                                               
Department  of Revenue;  and providing  for  an effective  date."                                                               
[Before   the  committee   was  the   proposed  House   committee                                                               
substitute (HCS) for SB 104,  Version 24-LS0519\X, Cook, 4/28/05,                                                               
which  was  adopted as  a  work  draft  on 4/29/05;  included  in                                                               
members  packets  was  the proposed  House  committee  substitute                                                               
(HCS) for SB 104, Version 24-LS0519\S, Cook, 4/13/05.]                                                                          
                                                                                                                                
CHAIR  McGUIRE noted  that public  testimony on  SB 104  had been                                                               
closed at  the bill's last  hearing, and ascertained that  no one                                                               
else wished to provide further testimony.                                                                                       
                                                                                                                                
CHAIR McGUIRE  referred to  the new HCS,  Version S,  in members'                                                               
packets, and relayed  that although Version X,  which was adopted                                                               
as a work  draft on 4/29/05, had incorporated  provisions from HB                                                               
127 and  HB 273, in light  of conversations she'd had  with other                                                               
members and the sponsors, she  decided that it would be imprudent                                                               
to move such an all-encompassing  HCS through the process without                                                               
providing the  public more opportunities for  input, particularly                                                               
given  the   concerns  raised  regarding  practical   issues  and                                                               
potential constitutional issues.                                                                                                
                                                                                                                                
2:12:50 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE explained  that Version S incorporates  into SB 104                                                               
the provisions of  HB 127 regarding allowable  absences for peace                                                               
corps volunteers  and members of  U.S. Olympic Teams, as  well as                                                               
civil   penalties  commiserate   with   the  criminal   penalties                                                               
currently in SB 104.                                                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL  made a motion  to adopt the  proposed HCS                                                               
for  SB 104,  Version  24-LS0519\S, Cook,  4/13/05,  as the  work                                                               
draft.   There  being  no  objection, Version  S  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GARA indicated that  he appreciates that Version S                                                               
does not  include the provisions  from HB 273, because  he thinks                                                               
they could use more work over the interim.                                                                                      
                                                                                                                                
CHAIR McGUIRE concurred  and relayed that she would  defer to the                                                               
sponsor of  HB 273 with  regard to  when those provisions  can be                                                               
addressed.                                                                                                                      
                                                                                                                                
2:16:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT moved to report  the proposed HCS for SB 104,                                                               
Version  24-LS0519\S,  Cook,  4/13/05,   out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  HCS CSSB  104(JUD) was  reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
2:17:18 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  made a  motion that  the House  Judiciary Standing                                                               
Committee introduce  a House  Concurrent Resolution  [which later                                                               
became HCR 15] for the purpose  of changing the title of HCS CSSB                                                               
104(JUD).  There being no objection, the motion carried.                                                                        

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