Legislature(2001 - 2002)

04/05/2001 09:18 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR HOUSE BILL NO. 103(FIN)(brf sup maj fld)                                                                            
     "An  Act  making appropriations   for the  operating  and  loan                                                            
     program  expenses of  state government,  for certain  programs,                                                            
     and to capitalize  funds; and providing for an effective date."                                                            
                                                                                                                                
     CS FOR HOUSE BILL NO. 104(FIN)                                                                                             
     "An Act making appropriations for the operating and capital                                                                
     expenses of the state's integrated comprehensive mental health                                                             
     program; and providing for an effective date."                                                                             
                                                                                                                                
                                                                                                                                
Co-Chair  Kelly moved  to  adopt SCS  CS HB  103,  22-LS0410\T as  a                                                            
working draft.                                                                                                                  
                                                                                                                                
There was no objection and the committee substitute was ADOPTED.                                                                
                                                                                                                                
Co-Chair  Kelly moved  to  adopt SCS  CS HB  104,  22-LS0411\O as  a                                                            
working draft.                                                                                                                  
                                                                                                                                
Without objection the committee substitute was ADOPTED.                                                                         
                                                                                                                                
Co-Chair  Kelly  detailed  the  changes  in  the  HB  103  committee                                                            
substitute.  He stated it "adopts  something that we've had  in many                                                            
bills that  have passed  through this  Committee  over the last  few                                                            
years."  He  explained  this  as  comparable  to  the  federal  Hyde                                                            
Amendment  language  that restricts  the use  of  federal funds  for                                                            
abortion  services.  He  noted  the language  is  contained  in  the                                                            
Department  of Health and Social Services  portion of the  budget as                                                            
well  as  in a  special  provision  for  the Constitutional   Budget                                                            
Reserve (CBR) fund.                                                                                                             
                                                                                                                                
Senator  Hoffman   referenced  Section  32  relating   to  the  non-                                                            
severability clause.  He asked what the legislature  would do of the                                                            
court  finds this  provision unconstitutional   but the legislature                                                             
maintains that it is constitutional.                                                                                            
                                                                                                                                
Co-Chair  Kelly  detailed  the history  of  bringing the  matter  of                                                            
funding for  abortion services before  the court and the  subsequent                                                            
court  actions   ruling   against  the  methods   utilized   by  the                                                            
legislature.  He noted that the court  left leeway in each  decision                                                            
it  issued, by  finding  that the  legislature  did  not handle  the                                                            
matter in the proper manner  and that by changing the way the budget                                                            
was funded, it could possibly  be found constitutional. He stressed,                                                            
however, that  each time a different  approach was attempted  by the                                                            
legislature, the court continued to rule it as unconstitutional.                                                                
                                                                                                                                
Co-Chair  Kelly informed  that the  manner in  which this  committee                                                            
substitute  is structured,  the  courts may  or may  not "strike  it                                                            
down".  He  opined   that  if  the  court  does  rule   against  the                                                            
legislature  in this budget,  "they'll have  to show pretty  blatant                                                            
disregard for  the constitution, at  least the separation  of powers                                                            
that exists  in the constitution."  He predicted the court  would be                                                            
"reluctant to strike down  the entire HESS (Department of Health and                                                            
Social Services) budget over this issue."                                                                                       
                                                                                                                                
Senator  Hoffman  asked  if the  budget  is struck  down  whether  a                                                            
special legislative session would be necessary.                                                                                 
                                                                                                                                
Co-Chair Kelly answered yes.                                                                                                    
                                                                                                                                
Co-Chair Kelly  offered a motion to authorize the  Division of Legal                                                            
and Research  Services and  the Division  of Legislative Finance  to                                                            
make non-substantial technical  and conforming changes to the budget                                                            
bills where necessary.                                                                                                          
                                                                                                                                
There was no objection and the motion PASSED.                                                                                   
                                                                                                                                
Statewide                                                                                                                     
                                                                                                                                
STWIDE   #2:  This   amendment   reduces  the   appropriation   from                                                            
$39,578,400 in Section  24, subsection (c) on page 53, lines 8 and 9                                                            
of the version "S" committee  substitute. The amended language reads                                                            
as follows.                                                                                                                     
                                                                                                                                
          (c) The sum of $32,578,400 is appropriated from the                                                                   
     general   fund  to   the  Alaska  debt   retirement  fund   (AS                                                            
     37.15.011).                                                                                                                
                                                                                                                                
This amendment  also increases  the appropriation  from $100,000  in                                                            
Section 24,  subsection (d) on page  53, lines 10 through  13 of the                                                            
version  "S" committee  substitute.  The amended  language reads  as                                                            
follows.                                                                                                                        
                                                                                                                                
          (d) The sum of $1,100,000 is appropriated from the                                                                    
     lapsing balance  of the appropriation made in  sec. 1. ch. 133,                                                            
     SLA  2000,  page 13,  line 29,  and  allocated  on lines  30-31                                                            
     (public   assistance-Alaska   temporary   assistance   program-                                                            
     $66,112,800)   to   the  Alaska   debt  retirement   fund   (AS                                                            
     37.15.011).                                                                                                                
                                                                                                                                
This amendment  also changes the funding  source from AHFC  Dividend                                                            
funds in  Section 17 on page  50, lines 3  through 7 of the  version                                                            
"S" committee substitute. The amended language reads as follows.                                                                
                                                                                                                                
          Sec. 17. OFFICE OF THE GOVERNOR. The sum of $947,700 is                                                               
     appropriated  from  the  general  fund  to the  Office  of  the                                                            
     Governor,   division   of   elections,   for   reapportionment                                                             
     implementation costs  for the fiscal year ending June 30, 2002.                                                            
                                                                                                                                
This amendment  also inserts a new subsection to Section  24 on page                                                            
54, following  line 10 of  the version "S"  committee substitute  to                                                            
read as follows.                                                                                                                
                                                                                                                                
          (m) The sum of $6,000,000 from the fiscal year 2002                                                                   
     dividend  that is  declared by  the board of  directors  of the                                                            
     Alaska Housing Finance  Corporation is appropriated from Alaska                                                            
     Housing  Finance Corporation  corporate receipts to  the Alaska                                                            
     debt retirement fund (AS 37.15.011).                                                                                       
                                                                                                                                
Accompanying explanatory language reads as follows.                                                                             
                                                                                                                                
     Reduce   general  fund  capitalization   of  the  Alaska   Debt                                                            
     Retirement  Fund  by $7,000,000.  Capitalize  the  Alaska  Debt                                                            
     Retirement  Fund with  the remaining  $6,000,000 AHFC  Dividend                                                            
     funds and  an additional $1,000,000 reappropriation  of surplus                                                            
     FY  01  Alaska  Temporary  Assistance  Program  (ATAP)  general                                                            
     funds.                                                                                                                     
                                                                                                                                
Co-Chair Kelly  moved to rescind the Committee's action  of adopting                                                            
the amendment for the purpose of amending the amendment.                                                                        
                                                                                                                                
The action adopting  the amendment was RESCINDED without  objection.                                                            
                                                                                                                                
Co-Chair Donley detailed  a conceptual amendment to the amendment to                                                            
specify  that  the lapsing  balance  pertains  to general  funds  in                                                            
Section 24, subsection  (d). The amended language  reads as follows.                                                            
                                                                                                                                
          (d) The sum of $1,100,000 is appropriated from the                                                                    
     lapsing general fund  balance of the appropriation made in sec.                                                            
     1. ch. 133, SLA 2000,  page 13, line 29, and allocated on lines                                                            
     30-31 (public assistance-Alaska temporary assistance program-                                                              
     $66,112,800) to the Alaska debt retirement fund (AS                                                                        
     37.15.011).                                                                                                                
                                                                                                                                
Co-Chair Kelly moved to amend the amendment.                                                                                    
                                                                                                                                
Senator  Hoffman  requested  the  Division  of  Legislative  Finance                                                            
explain.                                                                                                                        
                                                                                                                                
DAVID  TEAL, Director,  Division  of Legislative  Finance  responded                                                            
that as written, Section  24 appropriates a lapsing balance of up to                                                            
$1.5 million but  does not specify the fund source.  Since there are                                                            
both  general funds  and  Temporary  Assistance For  Needy  Families                                                            
(TANF)  funds  that  are  lapsing,  he  stated,  clarification  that                                                            
general funds would be used in this appropriation is necessary.                                                                 
                                                                                                                                
There was no objection and the amendment was AMENDED.                                                                           
                                                                                                                                
Without objection the amended amendment was ADOPTED.                                                                            
                                                                                                                                
The  remaining   amendments  are   to  the  version  "T"   committee                                                            
substitute.                                                                                                                     
                                                                                                                                
Department of Health and Social Services                                                                                      
                                                                                                                                
H&SS #30:  This amendment  changes the funding  source from  general                                                            
funds to General Fund/Mental  Health of $600,000 in the Institutions                                                            
and Administration  Budget  Request Unit  (BRU), Alaska Psychiatric                                                             
Institute component on page 45 lines 16, 20 and 21.                                                                             
                                                                                                                                
Co-Chair Kelly moved for adoption.                                                                                              
                                                                                                                                
Senator Hoffman objected for an explanation.                                                                                    
                                                                                                                                
Mr. Teal explained  that STWIDE #1, adopted by the  Committee in the                                                            
previous hearing,  replaced a significant  amount of Alaska  Housing                                                            
Finance  Corporation (AHFC)  appropriations  with general funds.  He                                                            
noted the  funds appropriated  to the Alaska  Psychiatric  Institute                                                            
should  be  specifically  General  Fund/Mental  Health,  which  this                                                            
amendment accomplishes.                                                                                                         
                                                                                                                                
The amendment was ADOPTED without objection.                                                                                    
                                                                                                                                
AT EASE 6:10 PM / 6:10 PM                                                                                                       
                                                                                                                                
Department of Education and Early Development                                                                                 
                                                                                                                                
E&ED #13: This amendment  changes the language in Section 18 on page                                                            
51, lines 17 through 22 to read as follows.                                                                                     
                                                                                                                                
          Sec. 18. LEARNING OPPORTUNITY, INSTRUCTIONAL MATERIALS,                                                               
     VOCATIONAL  EDUCATION AND IN-SCHOOL NURSES GRANTS.  (a) The sum                                                            
     of  $6,187,100 is  appropriated  from the general  fund to  the                                                            
     Department  of Education and  Early Development for  the fiscal                                                            
     year ending June 30,  2002, for payment as learning opportunity                                                            
     grants  to school  districts  based  on the  school  district's                                                            
     average  daily  membership  to  pay  for supplemental   student                                                            
     instructional programs  intended to improve student performance                                                            
     on  the  high   school  graduation  examination   or  benchmark                                                            
     examinations.                                                                                                              
          (b) The sum of $6,187,100 is appropriated from the                                                                    
     general   fund  to  the  Department  of  Education   and  Early                                                            
     Development  for  the fiscal  year ending  June  30, 2002,  for                                                            
     payment  to school  districts  based on  the school  district's                                                            
     average daily membership, to pay for:                                                                                      
                (1) textbooks and other instructional materials                                                                 
     intended  to improve  student  performance on  the high  school                                                            
     graduation   examination    or  benchmark    examinations,   as                                                            
     instructional materials grants;                                                                                            
                (2) vocational education programs intended to assist                                                            
     the  district in  providing  vocational education  services  to                                                            
     students; and                                                                                                              
                (3) nursing services in schools.                                                                                
                                                                                                                                
Co-Chair Kelly moved for adoption.                                                                                              
                                                                                                                                
E&ED  #13(a):  This amendment  to  the  amendment  replaces  "school                                                            
district's  average   daily  membership"  with  "school   district's                                                            
adjusted average  daily membership" in the two places  it appears in                                                            
the amendment.                                                                                                                  
                                                                                                                                
Senator  Hoffman moved  to  amend the  amendment.  He asserted  this                                                            
would  provide  a "more  equitable  distribution"  of  funds to  the                                                            
vocational and technical  education programs. He reminded there have                                                            
been  many  discussions  on  this issue  and  that  "adjusted  daily                                                            
membership"  criteria would be fairer  to rural areas of  the state.                                                            
                                                                                                                                
Senator Green objected.                                                                                                         
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Olson, Senator Austerman and Senator Hoffman                                                                  
                                                                                                                                
OPPOSED:  Senator  Leman,  Senator  Ward,  Senator  Wilken,  Senator                                                            
Green, Co-Chair Kelly and Co-Chair Donley                                                                                       
                                                                                                                                
The motion FAILED (3-6)                                                                                                         
                                                                                                                                
The amendment FAILED to be amended by E&ED #13(a).                                                                              
                                                                                                                                
Senator Green  stressed the need for  clarification that  the school                                                            
districts have  authority to choose from the allowable  expenditures                                                            
for this appropriation listed in subsection (b).                                                                                
                                                                                                                                
Senator  Wilken  expanded  on the  clarification  stating  that  the                                                            
school districts could  determine its priorities in allocating these                                                            
funds  between  the  allowable  expenditures.   He  noted  that  the                                                            
districts are  not obligated to allocate  funds to all three  items.                                                            
                                                                                                                                
Co-Chair    Kelly   ascertained    subsection    (a)   appropriates                                                             
approximately  $6 million  for instructional  materials intended  to                                                            
prepare  students  for  the high  school  graduation  and  benchmark                                                            
examinations  and commented that he  intended for subsection  (b) to                                                            
appropriate  the remaining  $6 million for  purposes not related  to                                                            
the examinations. He objected  to the amendment as currently drafted                                                            
because   the   language  in   subsection   (b)(1)   specifies   the                                                            
examinations.                                                                                                                   
                                                                                                                                
Co-Chair  Kelly   recommended  amending  the  amendment   to  delete                                                            
"intended  to  improve  student  performance   on  the  high  school                                                            
graduation examination  or benchmark examinations,"  from subsection                                                            
(b)(1).                                                                                                                         
                                                                                                                                
Senator Hoffman  suggested the intent  should remain that  textbooks                                                            
and materials would be  purchased with the goal of improving student                                                            
performance.                                                                                                                    
                                                                                                                                
E&ED #13(b):  This amendment to the  amendment deletes "on  the high                                                            
school  graduation   examination   or  benchmark  examinations,   as                                                            
instructional materials grants."                                                                                                
                                                                                                                                
Co-Chair  Kelly moved  to amend  the amendment  to incorporate  E&ED                                                            
#13(b).                                                                                                                         
                                                                                                                                
Without objection the amendment was AMENDED.                                                                                    
                                                                                                                                
E&ED #13(c):  This amendment to the  amendment deletes "intended  to                                                            
assist the  district in providing  vocational education services  to                                                            
students".                                                                                                                      
                                                                                                                                
Senator Leman  moved to amend the amended amendment.  He stated that                                                            
the same goal  could be reached with the deletion  of this language.                                                            
                                                                                                                                
The amended amendment  was AMENDED without objection  to incorporate                                                            
E&ED #13(c).                                                                                                                    
                                                                                                                                
Senator Hoffman  asked why some of  the funds could not be  utilized                                                            
for additional teaching positions.                                                                                              
                                                                                                                                
                                                                                                                                
SFC 01 # 69, Side B 06:19 PM                                                                                                    
                                                                                                                                
                                                                                                                                
E&ED #13(d): This  amendment to the amended amendment  deletes "and"                                                            
at  the end  of  subsection  (b)(2), inserts  "and"  to  the end  of                                                            
subsection  (b)(3)  and inserts  a  new subsection  (b)(4)  to  read                                                            
"teachers."                                                                                                                     
                                                                                                                                
Senator Hoffman moved to amend the amendment.                                                                                   
                                                                                                                                
Senator Green objected.                                                                                                         
                                                                                                                                
Senator Hoffman asked what was the basis for the objection.                                                                     
                                                                                                                                
Co-Chair  Kelly spoke  in favor of  the amendment.  He qualified  he                                                            
does not support  the use of Learning Opportunity  Grants for salary                                                            
increases.  However,  he supported  using  these funds  to hire  new                                                            
teachers if a school district  was in need of more teachers to lower                                                            
student-to-teacher   ratios  or  to  implement  a  new  program.  He                                                            
remarked  that the districts  should have the  ability to use  these                                                            
funds "at  it sees  fit" for  purposes intended  to improve  student                                                            
performance,  but  did  not  consider salary  increases  as  such  a                                                            
purpose.                                                                                                                        
                                                                                                                                
AT EASE 6:20 PM / 6:25 PM                                                                                                       
                                                                                                                                
Senator Leman  stated that  while he saw merit  in the proposal,  he                                                            
would vote against the  amendment to the amendment. He suggested pay                                                            
increases   to   those   teachers   that  demonstrate   exceptional                                                             
performance that  thereby helps students in meeting  the benchmarks.                                                            
                                                                                                                                
Senator Austerman  added that he too  would oppose the amendment  to                                                            
the amendment  saying that  he thought it  strayed too far  from the                                                            
intent of the  Learning Opportunity  Grants. He shared that  when he                                                            
visits schools, he is approached  by students showing him that their                                                            
textbooks  are the  same as  those used  by their  grandparents.  He                                                            
stated that if the goal  is to provide more money for teachers, that                                                            
matter should be addressed separately.                                                                                          
                                                                                                                                
Co-Chair  Donley   noted  the  recommendation   of  the   Governor's                                                            
Education  Funding  Task Force  to provide  additional  funding  for                                                            
books and  supplies.  He asserted  that the intent  of the  Learning                                                            
Opportunity Grants is to meet that recommendation.                                                                              
                                                                                                                                
A roll call was taken on the motion.                                                                                            
                                                                                                                                
IN FAVOR: Senator Hoffman, Senator Olson and Co-Chair Kelly                                                                     
                                                                                                                                
OPPOSED: Senator  Ward, Senator Wilken,  Senator Austerman,  Senator                                                            
Green, Senator Leman and Co-Chair Donley                                                                                        
                                                                                                                                
The motion FAILED (3-6)                                                                                                         
                                                                                                                                
The amended amendment FAILED to be amended by E&ED #13(d).                                                                      
                                                                                                                                
Senator Hoffman  asked if the instructional  materials as  listed in                                                            
subsection (b)(1) could include computers.                                                                                      
                                                                                                                                
Co-Chair  Donley answered  that  although  it was  not his  original                                                            
intent,  nor the  intent of  the task  force, the  Committee  should                                                            
decide as  a whole on whether  to include  computer equipment  as an                                                            
allowable  expenditure. He  understood the  focus of the task  force                                                            
was  primarily  on  the  insufficient  textbooks  and  supplies.  He                                                            
recalled testimony  heard over the  years about teachers  purchasing                                                            
supplies with their own money.                                                                                                  
                                                                                                                                
Senator  Hoffman  asked if  Co-Chair  Donley, as  the  maker of  the                                                            
amendment, would support  the inclusion of computers and information                                                            
technology.                                                                                                                     
                                                                                                                                
Co-Chair Donley  replied that he would defer to the  recommendations                                                            
of the task force.                                                                                                              
                                                                                                                                
Senator Ward  understood the  language of the  amendment as  well as                                                            
the recommendations  of the task force,  as not including  computers                                                            
and other information  technology  as allowable expenditures  of the                                                            
Learning Opportunity Grants.                                                                                                    
                                                                                                                                
Senator Hoffman  suggested that the  entire $6 million did  not have                                                            
to be spent on computers.                                                                                                       
                                                                                                                                
Senator Ward disagreed  and was willing to vote on  the amendment as                                                            
he understood  it  to be.  He predicted  that some  districts  would                                                            
spend all available  funds on new technology rather  then textbooks,                                                            
if given the opportunity.                                                                                                       
                                                                                                                                
AT EASE 6:31 PM / 6:33 PM                                                                                                       
                                                                                                                                
Co-Chair  Donley shared  that the  task force  report lists  "proper                                                            
technology"  in  its recommendations  of  items  needing  additional                                                            
funding.                                                                                                                        
                                                                                                                                
E&ED #13(e): This  amendment to the amended amendment  deletes "and"                                                            
at  the end  of  subsection  (b)(2), inserts  "and"  to  the end  of                                                            
subsection  (b)(3)  and inserts  a  new subsection  (b)(4)  to  read                                                            
"appropriate technology."                                                                                                       
                                                                                                                                
Senator Hoffman moved to amend the amended amendment.                                                                           
                                                                                                                                
Senator Green objected  and listed the items recommended by the task                                                            
force:  up-to-date   textbooks,  appropriate   technology,   general                                                            
classroom  supplies.  However,  she  stressed,  new textbooks  is  a                                                            
higher priority then updated software.                                                                                          
                                                                                                                                
Senator  Hoffman  noted  that  the  trend  is  moving  toward  using                                                            
textbooks less and information  technology more. It therefore seemed                                                            
appropriate to him to "allow  our children to benefit by many of the                                                            
computers  that allow our  students to learn  at a faster rate."  He                                                            
warned that by  eliminating information technology  from the list of                                                            
allowable expenditure,  it appears "we want our kids  to stay in the                                                            
  th                                                                                                                            
20 Century."                                                                                                                    
                                                                                                                                
Senator Wilken  commented the  purpose of the  grants is to  improve                                                            
student  performance  and that  every  school district  has  elected                                                            
officials committed  to doing just  that. He suggested allowing  the                                                            
school  boards to  make  their own  decisions  as to  how the  funds                                                            
should be spent,  whether for textbooks or for computers.  He stated                                                            
the current  language should not be  changed with this amendment  to                                                            
the amendment.                                                                                                                  
                                                                                                                                
Senator Hoffman expressed  that based upon the interpretation of the                                                            
language stated  by Senator Wilken  he WITHDREW his motion  to amend                                                            
the amended amendment without objection.                                                                                        
                                                                                                                                
The amended amendment reads as follows.                                                                                         
                                                                                                                                
          Sec. 18. LEARNING OPPORTUNITY, INSTRUCTIONAL MATERIALS,                                                               
     VOCATIONAL  EDUCATION AND IN-SCHOOL NURSES GRANTS.  (a) The sum                                                            
     of  $6,187,100 is  appropriated  from the general  fund to  the                                                            
     Department  of Education and  Early Development for  the fiscal                                                            
     year ending June 30,  2002, for payment as learning opportunity                                                            
     grants  to school  districts  based  on the  school  district's                                                            
     average  daily  membership  to  pay  for supplemental   student                                                            
     instructional programs  intended to improve student performance                                                            
     on  the  high   school  graduation  examination   or  benchmark                                                            
     examinations.                                                                                                              
          (b) The sum of $6,187,100 is appropriated from the                                                                    
     general   fund  to  the  Department  of  Education   and  Early                                                            
     Development  for  the fiscal  year ending  June  30, 2002,  for                                                            
     payment  to school  districts  based on  the school  district's                                                            
     average daily membership, to pay for:                                                                                      
                (1) textbooks and other instructional materials                                                                 
     intended to improve student performance;                                                                                   
                (2) vocational education programs; and                                                                          
                (3) nursing services in schools.                                                                                
                                                                                                                                
A roll call was taken on  the motion to adopt the amended amendment.                                                            
                                                                                                                                
IN FAVOR: Senator  Ward, Senator Wilken, Senator Austerman,  Senator                                                            
Green, Co-Chair Kelly and Co-Chair Donley                                                                                       
                                                                                                                                
OPPOSED: Senator Hoffman, Senator Leman and Senator Olson                                                                       
                                                                                                                                
The motion PASSED (6-3)                                                                                                         
                                                                                                                                
The amended amendment was ADOPTED.                                                                                              
                                                                                                                                
AT EASE 6:38 PM / 6:38 PM                                                                                                       
                                                                                                                                
Co-Chair Donley thanked  the Director and staff from the Division of                                                            
Legislative  Finance,  the Senate  Finance Committee  Secretary  and                                                            
staff,  the   Committee  members'   Finance  Committee  aides,   and                                                            
especially  James Armstrong  from his  staff for  the work that  was                                                            
done on the FY 02 operating and mental health budgets.                                                                          
                                                                                                                                
Senator Hoffman  voiced concern with the unconstitutionality  of the                                                            
non-severability clause  and the possible special session that would                                                            
be required  to provide  funding for  the Department  of Health  and                                                            
Social  Services.  He  spoke  of  payments  that  must  be  made  to                                                            
providers for services such as Medicaid.                                                                                        
                                                                                                                                
Co-Chair  Kelly assured  that he  shared those  concerns and  stated                                                            
that he  hoped that  before the  judge "goes  traipsing through  our                                                            
constitution with impunity,"  the judge would measure those concerns                                                            
as well.                                                                                                                        
                                                                                                                                
Senator Hoffman  countered that the  judge is required to  interpret                                                            
the law and  that if the judge determines  this budget violates  the                                                            
constitution, the judge would have to rule accordingly.                                                                         
                                                                                                                                
Co-Chair Kelly  opined that the judicial branch is  filled with many                                                            
"hard-working,  talented  and  dedicated"  employees,  but that  "in                                                            
recent years,  they have done things that courts in  the rest of the                                                            
United States  have never done since  the inception of our  country;                                                            
things that other  courts would be aghast at." He  continued, "We as                                                            
legislators have a duty  to defend our branch of government. I think                                                            
we have to draw  a line at some point and stand up  to the judiciary                                                            
for our branch of government."  He asserted the committee substitute                                                            
"puts  us in the  best position  we  can be  in to stand  up to  the                                                            
judiciary. That's really the only intent."                                                                                      
                                                                                                                                
Co-Chair Kelly offered  a motion to move SCS CS HB 103, 22-LS0410\T,                                                            
as amended, from Committee.                                                                                                     
                                                                                                                                
Without objection the bill MOVED from Committee.                                                                                
                                                                                                                                
Co-Chair Kelly  offered a motion to move SCS CS HB  104 22-LS0411\O,                                                            
as amended, from Committee.                                                                                                     
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                

Document Name Date/Time Subjects