Legislature(1999 - 2000)
02/21/2000 09:37 AM House 101
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
3RD CONFERENCE COMMITTEE ON SB 101
February 21, 2000
9:37 a.m.
MEMBERS PRESENT
Senator Drue Pearce, Co-Chair
Senator Pete Kelly
Senator Kim Elton
Representative Brian Porter, Co-Chair
Representative Eldon Mulder
Representative Ethan Berkowitz
MEMBERS ABSENT
None
COMMITTEE CALENDAR
CC FOR CS FOR SENATE BILL NO. 101(FIN)
"An Act relating to disasters and to the disaster relief fund."
MOVED CCS SB 101 (3d CC) OUT OF COMMITTEE
PREVIOUS ACTION
Jrn-Date Jrn-Page Action
3/11/99 476 (S) READ THE FIRST TIME - REFERRAL(S)
3/11/99 476 (S) FIN
3/15/99 Text (S) FIN AT 9:00 AM SENATE FINANCE 532
3/15/99 Text (S) HEARD AND HELD
3/15/99 Text (S) MINUTE(FIN)
3/18/99 Text (S) FIN AT 9:00 AM SENATE FINANCE 532
3/18/99 Text (S) MINUTE(FIN)
3/22/99 Text (S) FIN AT 9:00 AM SENATE FINANCE 532
3/22/99 Text (S) HEARD AND HELD
3/22/99 Text (S) MINUTE(FIN)
3/24/99 Text (S) FIN AT 6:00 PM SENATE FINANCE 532
3/24/99 Text (S) MINUTE(FIN)
3/29/99 Text (S) FIN AT 8:00 AM SENATE FINANCE 532
3/29/99 Text (S) SCHEDULED BUT NOT HEARD
3/31/99 Text (S) FIN AT 6:00 PM SENATE FINANCE 532
3/31/99 Text (S) MOVED CS(FIN) OUT OF COMMITTEE
3/31/99 Text (S) MINUTE(FIN)
4/01/99 768 (S) FIN RPT CS 7DP NEW TITLE
4/01/99 768 (S) DP: TORGERSON, PARNELL, GREEN,
4/01/99 768 (S) PETE KELLY, LEMAN, WILKEN, DONLEY
4/06/99 Text (S) RLS AT 3:30 PM FAHRENKAMP 203
4/06/99 Text (S) MINUTE(RLS)
4/07/99 804 (S) ZERO FISCAL NOTES (DEC, DMVA)
4/08/99 821 (S) RULES TO CALENDAR AND 1 OR 4/8/99
4/08/99 825 (S) READ THE SECOND TIME
4/08/99 825 (S) FIN CS ADOPTED UNAN CONSENT
4/08/99 825 (S) AM NO 1 ADOPTED UNAN CONSENT
4/08/99 825 (S) ADVANCED TO THIRD READING UNAN CONSENT
4/08/99 826 (S) READ THE THIRD TIME CSSB 101(FIN) AM
4/08/99 826 (S) FAILED PASSAGE Y10 N9 A1
4/08/99 826 (S) MACKIE NOTICE OF RECONSIDERATION
4/09/99 853 (S) RECON TAKEN UP - IN THIRD READING
4/09/99 853 (S) RETURN TO SECOND FOR AM 2UNAN CONSENT
4/09/99 853 (S) AM NO 2 ADOPTED Y13 N6 E1
4/09/99 855 (S) AUTOMATICALLY IN THIRD READING
4/09/99 856 (S) PASSED ON RECONSIDERATION Y15 N4 E1
4/09/99 856 (S) TRANSMITTED TO (H)
4/12/99 723 (H) READ THE FIRST TIME - REFERRAL(S)
4/12/99 723 (H) MLV, FIN
4/20/99 Text (H) MLV AT 5:00 PM CAPITOL 120
4/20/99 Text (H) HEARD AND HELD SUBCMTE APPOINTED
4/20/99 Text (H) MINUTE(MLV)
4/24/99 Text (H) MLV AT 2:00 PM CAPITOL 120
4/24/99 Text (H) MOVED HCSCSSB 101(MLV) OUT OF CMTE
4/24/99 Text (H) MINUTE(MLV)
4/26/99 Text (H) FIN AT 1:30 PM HOUSE FINANCE 519
4/26/99 Text (H) HEARD AND HELD
4/26/99 1003 (H) MLV RPT HCS(MLV) 4DP 2NR
4/26/99 1003 (H) DP:JAMES, PHILLIPS, CROFT, MURKOWSKI;
4/26/99 1004 (H) NR: CISSNA, COGHILL
4/26/99 1004 (H) 2 SENATE ZERO FNS (DEC, DMVA) 4/7/99
4/27/99 Text (H) FIN AT 1:30 PM HOUSE FINANCE 519
4/27/99 Text (H) BILL POSTPONED
4/28/99 Text (H) FIN AT 8:00 AM HOUSE FINANCE 519
4/28/99 Text (H) BILL POSTPONED
4/28/99 Text (H) FIN AT 1:30 PM HOUSE FINANCE 519
4/28/99 Text (H) MOVED HCSSB 101(FIN) OUT OF COMMITTEE
4/29/99 1070 (H) FIN RPT HCS(FIN) 6DP 1DNP 4NR
4/29/99 1070 (H) DP:THERRIAULT, BUNDE, MULDER, KOHRING,
4/29/99 1070 (H) AUSTERMAN, DAVIS; DNP: FOSTER;
4/29/99 1071 (H) NR: DAVIES, GRUSSENDORF, MOSES,
4/29/99 1071 (H) WILLIAMS
4/29/99 1071 (H) 2 SENATE ZERO FNS (DEC, DMVA) 4/7/99
4/29/99 1087 (H) RULES TO CALENDAR 4/29/99
4/29/99 1087 (H) READ THE SECOND TIME
4/29/99 1088 (H) FIN HCS ADOPTED UNAN CONSENT
4/29/99 1088 (H) ADVANCED TO THIRD READING UNAN CONSENT
4/29/99 1088 (H) READ THE THIRD TIME HCS CSSB 101(FIN)
4/29/99 1088 (H) PASSED Y28 N9 E2 A1
4/29/99 1095 (H) TRANSMITTED TO (S) AS AMENDED
4/30/99 1182 (S) FAILED CONCUR (H) AM Y4 N7 E3 A6
4/30/99 1183 (S) CONFERENCE COMMITTEE APPOINTED
4/30/99 1183 (S) *HALFORD, PARNELL, HOFFMAN
5/03/99 1131 (H) FAILED RECEDE (H) AM N36 E1 A3
5/03/99 1133 (H) CONFERENCE COMMITTEE APPOINTED
5/03/99 1133 (H) MURKOWSKI, BUNDE, JOULE
5/14/99 Text (H) 101 AT 8:30 AM BUTROVICH ROOM 205
5/14/99 Text (S) 101 AT 8:30 AM BUTROVICH 205
5/14/99 1406 (H) H LTD POWERS FREE CONFERENCE GRANTED
5/14/99 1459 (S) S LTD POWERS FREE CONFERENCE GRANTED
5/16/99 Text (S) 101 AT 11:30 AM BUTROVICH 205
5/18/99 Text (S) 101 AT 12:30 PM BELTZ 211
5/18/99 1621 (S) CC REPORT ADPT Y14 N6 CCS SB 101
5/18/99 1594 (H) CC REPORT READ
5/20/99 1594 (H) 2 SENATE ZERO FNS (DEC, DMVA) 4/7/99
5/18/99 1595 (H) HELD UNDER UNFINISHED BUSINESS
5/18/99 1636 (H) CC REPORT FAILED N34 A6
5/18/99 1637 (H) 2ND CONFERENCE COMMITTEE APPOINTED
5/18/99 1637 (H) *PHILLIPS, BARNES, GRUSSENDORF
5/18/99 1637 (H) H LTD POWERS FREE CONFERENCE GRANTED
5/19/99 1667 (S) HELD ON SECRETARY'S DESK
5/19/99 1676 (S) 2ND CONFERENCE COMMITTEE APPOINTED
5/19/99 1676 (S) *MILLER,TORGERSON,ADAMS
5/19/99 1676 (S) S LTD POWERS FREE CONFERENCE GRANTED
7/28/99 1824 (S) NOT TRANSMITTED TO GOV AS OF 7/28
10/11/99 1891 (S) FINAL JOURNAL SUP. SAME AS ABOVE 10/11
1/10/00 1934 (S) RESCIND ACTION ADOPTING 2D CC Y20 N-
1/10/00 1934 (S) 2ND CC REPORT FAILED Y- N20
1/10/00 1935 (S) 3RD CONFERENCE COMMITTEE APPOINTED
1/10/00 1935 (S) *PEARCE, KELLY PETE, ELTON
1/12/00 1903 (H) RESCD ACTION ADPTG 2D CC Y37 N1 E1 A1
1/12/00 1903 (H) 2D CC REPORT FAILED N39 E1
1/12/00 1904 (H) 3RD CONFERENCE COMMITTEE APPOINTED
1/12/00 1904 (H) *PORTER, MULDER, BERKOWITZ
ACTION NARRATIVE
TAPE 00-01, SIDE A
Number 001
SB 101-DISASTERS: DEFINITION & FUND
CO-CHAIR DRUE PEARCE called the 3rd Conference Committee on SB 101
to order at 9:37 a.m. Co-Chairs Pearce and Porter, Representatives
Berkowitz and Mulder and Senator Elton were present.
Representative Kapsner was also in attendance.
CO-CHAIR PEARCE informed committee members that a work draft,
Version C, dated 1/14/00, was before the committee for
consideration.
CO-CHAIR PORTER moved to adopt Version C as the working document of
the committee. There being no objection, Version C was adopted as
the proposed CCSSB 101 (3d CC).
CO-CHAIR PEARCE asked Mary Gore to explain the changes made in the
proposed CCSSB 101 (3d CC) to committee members.
MARY GORE, legislative aide to Senator Mike Miller, explained that
Section 4(b) on page 3 of CCS SB 101(2d CC) was longer and required
the legislature to come back into session anytime a disaster is
declared. At the request of House committee members on the 2nd
conference committee, Section 4(b) was deleted in its entirety.
Some of the language from Section 4(b) has been added to the
proposed CCS SB 101(3d CC). That language follows existing statute
and allows the Speaker of the House and the President of the Senate
to notify the Governor that they do not consider a special session
necessary when a disaster is declared. That language will prevent
the legislature from having to convene in a special session every
time a disaster is declared.
REPRESENTATIVE BERKOWITZ noted that Section 4(b) of one of the
previous versions of SB 101 required the presiding officers to poll
legislators about whether to convene a special session. He asked
what the previous discussion was about that provision.
MS. GORE thought the issue was one of timing. She pointed out that
language was originally passed on the Senate side but it is one of
the reasons the first conference committee report failed on the
House floor.
REPRESENTATIVE BERKOWITZ said that one problem with the language in
the Z version was that the poll also required substantive
discussion about the merits of a financing plan. He indicated he
favors the idea of polling the members about whether a special
session should occur.
Number 319
CO-CHAIR PORTER said the version in front of the committee, sans
the section that was not omitted due to an oversight, passed the
House 40 to 0. He thought the new concerns expressed about the
bill to be strange.
SENATOR ELTON said he understands it is important that the
conference committee address a discrete part of the bill but he
does not want the conference committee to operate under the
illusion that he considers this version to be a complete fix.
CO-CHAIR PEARCE asked Senator Elton to explain his comment.
SENATOR ELTON said he does not believe this version is a fix for
how a disaster is defined.
Number 415
CO-CHAIR PEARCE clarified that the question posed by Representative
Berkowitz is whether or not the requirement that presiding officers
have to poll their members should be put in statute. Version C
requires the presiding officers to agree on whether or not a
special session is necessary and so advise the governor. She
stated she assumes that inherent in that requirement is the
responsibility of the presiding officers to ask their members for
their opinions and she suspects that always takes place.
REPRESENTATIVE BERKOWITZ agreed.
REPRESENTATIVE MULDER said from a practical standpoint, the
presiding officers will poll as many members as they can contact.
He pointed out that during the interim it will be difficult to find
all 40 members within five days therefore establishing that
requirement in statute could be very problematic. He stated he
agrees with that concept but he favors simplifying the requirement
and supports Version C.
CO-CHAIR PORTER noted the section that was deleted required the
poll to be done in writing and the response to be received in
writing. He maintained the disaster would be ancient history by
the time the poll was complete.
REPRESENTATIVE BERKOWITZ clarified that the poll could be done by
telephone, fax, or e-mail.
Number 591
SENATOR ELTON said he does not think any Senator had a problem with
that provision when it came to the Senate floor and does not recall
any discussion about it. He said that nothing in the bill
prohibits any member of the legislature from giving an opinion on
the declaration to the presiding officer.
CO-CHAIR PEARCE agreed and said that it has been her experience
that the presiding officers, when presented with an issue that
deals with an appropriation, talk to the Finance chairpersons first
and/or to the sponsor of the legislation before any decision is
made. She does not feel it is necessary to put the polling
requirement in statute because she thinks a poll will take place
anyway.
REPRESENTATIVE BERKOWITZ suggested that the conference committee
acknowledge that the intent is that the presiding officers will
make an effort to communicate with the membership.
CO-CHAIR PEARCE thought that would be fair and said that any
presiding officer who does not do that does so at great risk. She
acknowledged the arrival of Senator Pete Kelly and explained to him
that the committee adopted Version C and was discussing whether it
should adopt a statutory provision to be inserted on page 3, lines
10-12, that would require the presiding officers to poll their
members. She said the committee has decided that inherent in this
language is an expectation that the presiding officers will check
with their members to see whether the members feel a special
session is necessary and that is the committee's intent.
There being no further discussion, REPRESENTATIVE MULDER moved the
conference committee report for CCSSB 101(3d CC) to the respective
bodies for approval. There being no objection, the motion carried.
There being no further business to come before the conference
committee, CO-CHAIR PEARCE adjourned the meeting at 9:49 a.m.
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