02/17/2011 09:00 AM Senate STATE AFFAIRS

                   SB  61-2011 REVISOR'S BILL                                                                               
                                                                                                                                
9:06:35 AM                                                                                                                    
CHAIR WIELECHOWSKI announced consideration of SB 61.                                                                            
                                                                                                                                
KATHERINE KURTZ,  Assistant Revisor, Legislative  Legal Services,                                                               
said that  after hearing questions  from the committee  and doing                                                               
additional research,  she concluded  that Section 3  of SB  61 is                                                               
unclear. It could represent a  substantive change. She stated she                                                               
would prefer  to pull the  section out  of the revisor's  bill at                                                               
this point.                                                                                                                     
                                                                                                                                
CHAIR  WIELECHOWSKI asked  if it  is  legal to  do a  substantive                                                               
change in a revisor's bill.                                                                                                     
                                                                                                                                
MS. KURTZ  responded it is  better to handle  such a change  in a                                                               
substantive bill.                                                                                                               
                                                                                                                                
CHAIR  WIELECHOWSKI agreed  that  there are  better vehicles  for                                                               
that  change. He  noted the  committee had  a proposed  amendment                                                               
before them, identified as [27-LS0152\B.1.                                                                                      
                                                                                                                                
CHAIR  WIELECHOWSKI   offered  Amendment  1,  and   objected  for                                                               
discussion purposes                                                                                                             
                            AMENDMENT 1                                                                                     
                                                  27-LS0152\B.1                                                                 
                                                                                                                                
    OFFERED IN THE SENATE                                                                                                       
    TO:  SB 61                                                                                                                  
                                                                                                                                
    Page 2, lines 2 - 7:                                                                                                        
    Delete all material.                                                                                                        
                                                                                                                                
    Renumber the following bill sections accordingly.                                                                           
                                                                                                                                
MS. KURTZ said  the amendment removes Section 3 from  the B draft                                                               
of the bill.                                                                                                                    
                                                                                                                                
SENATOR KOOKESH asked if the section  will need to be put back in                                                               
later on.                                                                                                                       
                                                                                                                                
MS.KURTZ answered  that she would  like to review the  issue over                                                               
the interim.                                                                                                                    
                                                                                                                                
CHAIR  WIELECHOWSKI asked  if could  there be  a legal  challenge                                                               
because of this section, if the bill is not changed.                                                                            
                                                                                                                                
MS. KURTZ responded it is conceivable.                                                                                          
                                                                                                                                
SENATOR KOOKESH asked if SB 61 has a referral to the judiciary.                                                                 
                                                                                                                                
CHAIR WIELECHOWSKI said yes.                                                                                                    
                                                                                                                                
MS.KURTZ said it was her recommendation to take out Section 3.                                                                  
                                                                                                                                
CHAIR WIELECHOWSKI removed his objection  to the amendment. There                                                               
being no further objection, Amendment 1 was adopted.                                                                            
                                                                                                                                
SENATOR  PASKVAN  moved  to  report   SB  61,  as  amended,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR WIELECHOWSKI announced that  without objection CSSB 61(STA)                                                               
moved from the Senate State Affairs Standing Committee.