Legislature(2005 - 2006)HOUSE FINANCE 519
04/05/2005 01:30 PM FINANCE
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HOUSE FINANCE COMMITTEE April 5, 2005 1:46 p.m. CALL TO ORDER Co-Chair Meyer called the House Finance Committee meeting to order at 1:46:06 PM. MEMBERS PRESENT Representative Mike Chenault, Co-Chair Representative Kevin Meyer, Co-Chair Representative Bill Stoltze, Vice-Chair Representative Eric Croft Representative Richard Foster Representative Mike Hawker Representative Jim Holm Representative Reggie Joule Representative Mike Kelly Representative Carl Moses Representative Bruce Weyhrauch MEMBERS ABSENT None ALSO PRESENT Representative John Coghill; Sally Saddler, Legislative Liaison, Department of Community and Economic Development; Eddy Jeans, Director, Education Support Services, Department of Education and Early Development; Kaci Schroeder, Staff, House Community and Regional Affairs; Suzanne Cunningham, Staff, Co-Chair Meyer; Representative Nancy Dahlstrom; Kelly Huber, Staff, Representative Nancy Dahlstrom; Major General Craig Campbell, Commissioner, Military and Veterans Affairs; Representative Jay Ramras; Jane W. Pierson, Staff, Representative Jay Ramras; Sergeant Tim Birt, Juneau, Alaska State Troopers; Linda Gohl, Alaska Commission on Aging PRESENT VIA TELECONFERENCE Wanetta Ayers, Executive Director, Southwest Alaska Municipal Conference; Jason Carroll, Chair, MatSu Resource & Conservation District (RC&D); Rob Well, Executive Director, MatSu Resource Conservation & Development Council; Marlena Adams, Wasilla; Kurt Kornchuck, Anchorage Police Department SUMMARY HB 16 "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; and providing for an effective date." HB 16 was REPORTED out of Committee with a "do pass" recommendation and with fiscal impact note #1 by the Department of Education and Early Development. HB 119 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." CSHB 119 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with two new fiscal impact notes by the House Finance Committee. HB 156 "An Act relating to the membership of the Alaska Commission on Aging; and providing for an effective date." CSHB (HES) 156 was REPORTED out of Committee with a "do pass" recommendation and with fiscal impact note #1 by the Department of Health and Social Services. HB 122 "An Act relating to payment of premiums for Servicemembers' Group Life Insurance on behalf of members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." HB 122 was heard and HELD in Committee for further consideration. HB 149 "An Act relating to further regulation of the sale, possession, and delivery of certain chemicals and precursors used in the manufacture of methamphetamine." CSHB 149 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with four previously published fiscal notes: zero note #1 COR, zero note #2 LAW, indeterminate note #3 DOA, indeterminate note #4 DOC, and with a new fiscal impact note by CED. HB 201 "An Act relating to an application for a permanent fund dividend for a member of the armed forces of the United States serving on active duty outside of the state; and providing for an effective date." HB 201 was postponed. 1:46:15 PM HOUSE BILL NO. 119 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." KACI SCHROEDER, STAFF, HOUSE COMMUNITY AND REGIONAL AFFAIRS, explained the bill. 1:48:50 PM WANETTA AYERS, EXECUTIVE DIRECTOR, SW ALASKA MUNICIPAL CONFERENCE, spoke in favor of HB 119. She explained the benefits of the program and how funds are generated. She related the funding formula used for the various tiers and explained how reauthorization is a distraction from economic development. She spoke of past funding mechanisms, AIDA receipts, a balanced long-term fiscal plan, and a well- funded regional development plan. 1:54:31 PM JASON CARROLL, CHAIR, KENAI PENINSULA ECONOMIC DEVELOPMENT DISTRICT, spoke of difficulties and how much easier it will be if the date is extended. ROB WELL, EXECUTIVE DIRECTOR, MATSU RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, read a statement (copy on file.) Co-Chair Meyer closed public testimony. 1:56:52 PM SALLY SADDLER, LEGISLATIVE LIAISON, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT, in response to a question from Co- Chair Meyer, spoke about the new fiscal note. Representative Kelly asked about the $650,000 amount and how it is funded. Ms. Saddler explained that it was intended to be funded by business licenses, but now is funded by the general fund. Now there are two fiscal notes; one takes AIDA receipts, and one transfers those receipts to the division. Representative Kelly asked if it is funded by AIDA receipts. Ms. Saddler said it is. 2:01:02 PM Representative Weyhrauch MOVED to ADOPT Amendment 1: Page 1, line 6 Delete "2013" Insert "2010" Vice-Chair Stoltze OBJECTED. Co-Chair Chenault spoke against the 2013 date and in favor of the 2010 date. Vice-Chair Stoltze WITHDREW his OBJECTION. There being NO OBJECTION, Amendment 1 was adopted. Representative Foster MOVED to report CSHB 119 (FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 119 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with two new fiscal impact notes by the House Finance Committee. 2:03:45 PM HOUSE BILL NO. 16 "An Act relating to funding for school districts operating secondary school boarding programs and to funding for school districts from which boarding students come; and providing for an effective date." EDDY JEANS, DIRECTOR, EDUCATION SUPPORT SERVICES, DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, spoke of Resolution 0125 from the state Board of Education in support of HB 16. He reported on the number of small boarding schools and their enrollment. He related an example from Nenana regarding the hold-harmless provision, which is a stopgap while the pilot program is in place. Vice-Chair Stoltze asked how many schools are involved. Mr. Jeans responded that there are three. Representative Hawker questioned the need for a requirement that all students go to a boarding school. He wondered about the overriding policy that fewer than 10 students are not viable. Mr. Jeans responded that he does not want to see communities left out. 2:10:21 PM Co-Chair Chenault asked how long before it is no longer a pilot program. Mr. Jeans reported that the program is not in effect right now. The three schools are currently generating resources to support themselves. The bill allows DOE time to gather information about how to deal with boarding schools. Representative Kelly voiced a concern about going below 10 students. He said he supports the boarding school concept and the test period, but not beyond that. He suggested that boarding schools need to have high caliber discipline plans like in Galena. He referred to page 2, line 4, and said he wants to have parents involved. He stated opposition to line 2. Mr. Jeans related that the per-pupil stipend mirrors a current program already in place regarding airfare. Stipends on the spreadsheet that support the fiscal notes are the same as currently in place. They do not add up to 100 percent. Representative Kelly suggested that parents pay all of the stipend. 2:17:03 PM REPRESENTATIVE JOHN COGHILL, sponsor of HB 16, agreed that the government should not hold the costs. Under the bill the stipend would cover about 1/3 of the costs. He agreed that the benefit to Alaska is great. He requested support for the bill. Representative Joule spoke of a personal experience with boarding schools and his family. He said he is very pleased to see this bill, but noted that it is not a broad enough look. He suggested that the state step up to the plate to help. He spoke of regional learning centers and how they contribute to communities. 2:24:23 PM Vice-Chair Stoltze related a personal story about a family growing up poor. He asked if students could work off their stipends. Mr. Jeans replied that DOE does not regulate tuition amounts. Nenana has scholarships to help families. Representative Coghill added that families could work for the tuition in Nenana. Representative Hawker pointed out that taking the $1.2 million fiscal note and dividing it by 231 students arrives at a per student cost of $5,311. He noted that the language that says the stipend should be determined by the department on a regional basis is troublesome. He suggested that it be more specific. Mr. Jeans responded that the boarding home program has been in regulation since 1985, and costs have remained at about $185,000 for five years. He opined that the department has not abused the stipend. Mr. Jeans explained that there is statutory authority to operate this program. Representative Hawker read from the statute about who is eligible to claim costs incurred from the per pupil stipend. He interpreted it to allow anyone to run their program as they want. 2:31:10 PM Representative Coghill replied that was not the intention, nor the practice of the department. He said he was open to suggestions. Representative Foster commended the Rasmuson Foundation for the grant. Mr. Jeans replied that he did not know the dollar amount of the grant, but it accompanied a business plan. Representative Weyhrauch asked what the State Board of Education is doing to develop policies for boarding schools. Mr. Jeans said the board has not developed policies, but does support this pilot program. All three of these school districts started the programs on their own, and the board passed a resolution and found them worthy of a second look. He explained the evaluation system. 2:35:51 PM Representative Hawker asked if there is a defined public program. Mr. Jeans replied only the three boarding schools that are currently operating are eligible: Galena, Nenana, and Bethel. Representative Hawker observed that there is nothing that shows what will be had because of this program. He inquired about the pilot project. Representative Coghill replied that the purpose of the pilot project is to evaluate whether to participate in boarding school programs at this level. Student access, career moves, and No Child Left Behind Standards will be used to evaluate success. Representative Hawker spoke against open- ended commitments. He asked for accountability and a definition of a work product. He concluded that funding is important, but it needs missions and measures. 2:40:47 PM Representative Coghill explained there are ways to measure progress. He noted that this is part of the question, "Can we do it better?" Vice-Chair Stoltze pointed out that that charter schools need to display credibility, also. Missions and measures are already in place. Representative Coghill explained that he did not mean to disparage charter schools. 2:45:31 PM Co-Chair Meyer concluded that there would be some measurements of success, such as benchmark exams. Representative Weyhrauch WITHDREW Amendment 1. Representative Weyhrauch MOVED to ADOPT Amendment 2: Page 2, line 17 Delete "2010" Insert "2006" Co-Chair Meyer OBJECTED for the purpose of discussion. Representative Weyhrauch explained that Amendment 2 would provide an earlier sunset date for the legislation. Representative Coghill stated that he would like to see a five-year period before a review. He estimated that there would be discussions during the entire five years. Representative Joule point out that budget subcommittees raise the issue of how programs are doing every year. He felt that the current process would allow sufficient review. He spoke against the amendment. 2:49:50 PM Co-Chair Meyer questioned if the department would be able to provide a report in 2010 regarding school performance. Mr. Jeans stated that it would be their intent to provide the State Board of Education a report detailing performance statistics on a yearly basis. Representative Weyhrauch WITHDREW Amendment 2. Co-Chair Meyer WITHDREW his OBJECTION. Representative Hawker maintained an objection to the idea in the amendment. He reiterated that the there are no clear expectations outlined in regards to the pilot program. He expressed concern with the lack of accountability. Representative Hawker said he would not object to moving the bill out today. 2:52:23 PM Co-Chair Meyer reiterated that there would be means and standards to measure the return of the programs. Representative Holm noted that there are several intangibles. Co-Chair Meyer agreed. 2:53:31 PM Representative Kelly agreed with Representative Hawker about accountability. He stressed that schools need to demonstrate what they are replacing and that the schools are performing. He maintained that there should be high performance measures in terms of graduation rates and GPA. He stressed there should be better returns than "average". Co-Chair Meyer agreed that there is concern that the state's money be well spent. 2:55:35 PM Representative Coghill agreed with the need for accountability. Communities have reached into their pockets to go the extra miles. Students and parents have made sacrifices. He urged the Committee to step up to support boarding schools. Boarding schools have the same requirements as other schools. He questioned why boarding schools should have to outperform other schools. Representative Kelly clarified that there should be a measurement of improvement from the local school the student left behind. 2:58:25 PM Representative Hawker clarified that he is not asking boarding schools to outperform other schools. He reiterated the need have performance measures. Representative Foster MOVED to report HB 16 out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 16 was REPORTED out of Committee with a "do pass" recommendation and with a fiscal impact note #1 by the Department of Education and Early Development. 3:01:03 PM HOUSE BILL NO. 156 "An Act relating to the membership of the Alaska Commission on Aging; and providing for an effective date." Representative Holm spoke in support of HB 156. He provided the history of the bill and urged the committee's support. Co-Chair Chenault asked if the commission would change from 7 to 8 members. Representative Holm said yes. Co-Chair Meyer MOVED to ADOPT Amendment 1: Page 2, line 6 Delete Section 2 Renumber the remaining sections accordingly. Representatives Stoltze and Holm OBJECTED. 3:05:12 PM SUZANNE CUNNINGHAM, STAFF, CO-CHAIR MEYER, explained that the way the statutes are written the Commissioner of Administration does not have the ability to vote on matters before the commission. HB 156 would remove the Commissioner of Administration, and a person who provides senior services and is a recipient of a grant awarded under the senior grant program is added to the commission. This person would have the ability to vote on matters before the commission. Under AS47.45.240, power, duties, and limitations of the Commission on Aging, there is some confusion about the way the statute is written, and Amendment 2 would correct this. Representative Holm referred to a letter from the Commission on Aging dated March 3 regarding voting on grants. He agreed that there might be problems with policies and grant recipients. He requested comments from Linda Gohl. 3:08:44 PM LINDA GOHL, EXECUTIVE DIRECTOR, ALASKA COMMISSION ON AGING, agreed that the statute is misleading because of who approves grants. She noted that commission members are not involved in the award process. If there were a potential conflict of interest, the chair would ask that the member abstain. Representative Holm asked Ms. Gohl if there is a conflict of interest. She opined that there is no conflict of interest. Ms. Cunningham noted a concern about a senior services provider and departmental conflicts. Representative Holm responded that all commissions and boards have the same potential conflict of interest. It is desirous to have knowledgeable people on the board. Co-Chair Meyer asked if Ms. Gohl agreed with the removal of Amendment 1. She said yes. Co-Chair Meyer WITHDREW Amendment 1. 3:13:58 PM Vice-Chair Stoltze MOVED to report CSHB 156 (HES) out of Committee with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB (HES) 156 was REPORTED out of Committee with a "do pass" recommendation and with fiscal impact note #1 by the Department of Health and Social Services. 3:14:44 PM HOUSE BILL NO. 122 "An Act relating to payment of premiums for Servicemembers' Group Life Insurance on behalf of members of the Alaska National Guard deployed to a combat zone; and providing for an effective date." KELLY HUBER, STAFF, REPRESENTATIVE NANCY DAHLSTROM, explained that HB 122 allows military men and women in foreign countries in combat zone to defer payments for various contracts and bills. Representative Holm asked why there is a zero note on the education loans portion. Ms. Huber replied that the loans are deferred and will still have to be paid in full. 3:20:15 PM Co-Chair Meyer Moved to ADOPT Amendment 1: Page 2, lines 18 - 19: Delete "; a termination under this paragraph does not remove the liability for any amount" Insert ", and the payment of any amounts" Page 3, line 27, following "Bank": Insert ", except for a loan made by the Alaska Housing Finance Corporation" Vice-Chair Stoltze OBJECTED. Ms. Huber explained that the sponsor's intent is to exempt AHFC. In response to a question by Vice-Chair Stoltze, Ms. Huber replied that it helps so families are not displaced or evicted. Vice-Chair Stoltze WITHDREW his objection to adopt Amendment 1. There being NO OBJECTION, it was so ordered. 3:23:05 PM Representative Weyhrauch MOVED to ADOPT Amendment 2: Page 1, line 7 Delete Section 1 Co-Chair Meyer OBJECTED for discussion purposes. Representative Weyhrauch explained that Section 1 could be written in a letter of intent. Representative Croft noted that it is a temporary law and the section does no harm. Co-Chair Meyer agreed with Representative Croft. Representative Weyhrauch asked if making an exception for the National Guard is appropriate. REPRESENTATIVE NANCY DAHLSTROM requested that the statement stay in the bill because it reflects how the legislature feels about the National Guard. Co-Chair Meyer asked Representative Foster if there is a set pattern for including such sections. Representative Foster replied that there is no set pattern. Representative Weyhrauch WITHDREW Amendment 2. 3:25:34 PM Representative Weyhrauch MOVED to adopt Amendment 3: Page 2, line 9 Delete Section 2 Vice-Chair Stoltze OBJECTED. Representative Weyhrauch explained that the original section allowed reimbursement similar to a life insurance program. Ms. Huber explained that National Guardsmen already have access to life insurance premiums. She clarified that Section 2 was added as areas for relief which DMVA wished to address, and was based on what other states do. Representative Weyhrauch replied that he likes the original bill and has problems with Section 2 because it puts a burden on some and is not defined. He pointed out that the National Guard is a volunteer service. He referred to costs imposed on motor vehicle leasing companies, wireless telephone services, higher education institutions, heating fuel companies, state loans, and the Department of Fish and Game. He opined this goes beyond the original intent of the bill. It is too broad and has unintended consequences. 3:29:47 PM Ms. Huber related that the bill developed into one which provides more relief for guardsmen than just life insurance. There have been no complaints about these new items. All the bill does is terminate a contract; it does not allow someone out of making payments. The University of Alaska already has this in policy. Public utilities provisions such as this one are found in legislation in other states to prevent family hardships. The guardsman will still have to pay their bills, but with no penalties charged. The Department of Fish and Game will only have to re-issue the actual license. Deferments of student loans are already in place. This bill is not trying to create a hardship on private companies. Representative Hawker MOVED to ADOPT an amendment to Amendment 3, to delete Section 2 through page 3, line 27. He voiced concerns about Section 2 and suggested that legislative legal take a look at it. Representative Dahlstrom related that she is comfortable with the bill as it is because it has been a matter of public record and no opposition has been voiced. 3:36:23 PM Representative Croft suggested that the goals of Section 2 are appropriate. Vice-Chair Stoltze commented on the scope of the bill. Co-Chair Meyer suggested holding Amendment 3. Representative Weyhrauch WITHDREW Amendment 3. Representative Foster thanked the sponsor of the bill. He suggested that the public would support this bill. He asked how many would be impacted by the bill. MAJOR GENERAL CRAIG CAMPBELL, COMMISSIONER, MILITARY AND VETERANS AFFAIRS, related the numbers of guardsmen overseas, many who are earning significantly less than they were in the private sector. There are 125 soldiers from the Third Battalion in Iraq, 27 soldiers in Haiti, 70 in Afghanistan, 150 deployed from the 176 Wing, plus many from the rescue squad, for a total of 500 out of 4,000 National Guard overseas this year. 3:43:43 PM Representative Weyhrauch declined to move Amendment 4. Co-Chair Meyer noted that a new fiscal note would be written by the Department of Fish and Game. HB 122 was HELD in committee for further consideration. HOUSE BILL NO. 149 "An Act relating to further regulation of the sale, possession, and delivery of certain chemicals and precursors used in the manufacture of methamphetamine." 3:45:42 PM Co-Chair Chenault MOVED to ADOPT the new CS for HB 149, labeled 24-LS0596\U, Luckhaupt, 3/31/05. There being NO OBJECTION, it was so ordered. REPRESENTATIVE JAY RAMRAS, sponsor, mentioned that there is an indeterminate fiscal note related to costs by the Public Defender Agency. He noted that the governor is supportive of this bill. He pointed out that the bill deals with deterrents, but also attempts to cut down on the supply of methamphetamines. He spoke of areas in Alaska with profound problems such as Barrow, the MatSu Valley, North Pole, outside of Fairbanks, and other rural areas. He explained some of the problems associated with methamphetamines. He noted that the bill also addresses the abuse of steroids. Vice-Chair Stoltze talked about enhanced protection and first responders. JANE W. PIERSON, STAFF, REPRESENTATIVE JAY RAMRAS, related that the bill went before legislative legal, which said enhancement is not a new element of the crime. Reckless endangerment is already a crime. 3:54:31 PM Representative Ramras clarified that pseudo ephedrine is a necessary ingredient of methamphetamine. He noted that it is the best substance to cook the agent with. TIM BIRT, SERGEANT, JUNEAU, STATE TROOPERS, spoke in support of the legislation. He explained that without pseudo ephedrine there is no methamphetamine. He observed that there is a legitimate use for pseudo ephedrine. He spoke to the benchmark of products. Six grams would allow the use suggested by the manufacturer. For every $100 put into the cost of manufacturing, there is a $1,000 return. Methamphetamine is extremely addictive. He spoke in support of provisions requiring registration by consumers. He stated that there is a spectrum on retail sales, where some manufacturers provide little or no records sales. Other manufacturers attempt to control products from theft or ask for names and addresses for suspicious sales. 4:01:13 PM In response to a question by Vice-Chair Stoltze, Sergeant Birt noted that there are a variety of ways of transmitting information regarding sales of pseudo ephedrine at this point. Co-Chair Chenault observed that buyers could be required to sign as they currently do for prescription drugs. He asked how the state would access the information. Sergeant Birt responded that troopers would create a working relationship with retailers. The intent would be to not adversely impact the retailers or create burdens. 4:04:50 PM Co-Chair Chenault noted the delicate nature of the information. He questioned if there needs to be statute changes to allow access to confidential material. He expressed concern with the indeterminate fiscal notes. He pointed out that he didn't know if there would be 200 or 2 more arrests with the legislation. He acknowledged the need for the legislation, but stressed that the Committee must look at the ability to finance the law. 4:07:32 PM Representative Ramras emphasized that the intent is to choke the supply and make it more difficult to obtain. He estimated that there could be a positive affect on law enforcement if methamphetamine laboratories were shut down. 4:08:49 PM Representative Hawker referred to nine and six tab limits and questioned how many tablets make up nine grams. Sergeant Birt stated that three hundred tablets make up nine grams. Every unit of pseudo ephedrine equals 5.75 product produced. Representative Hawker discussed dosages in an attempt to ascertain if the parameters were appropriate. He noted that a 30-milligram tablet would be reduced to 75 percent or 24 milligrams of methamphetamine. He concluded that one-tenth of a gram would be a street dose of methamphetamine. Representative Hawker asked if it would be an impediment to require similar procedures for other prescription drugs. Sgt. Birt responded that it would not. 4:14:18 PM Representative Hawker suggested that there would be privacy issues. He expressed a concern that the right to privacy not be over-stepped. Representative Holm expressed concern about the right to warrant. He noted that other information couldn't be obtained with out court interaction. The legislation would allow the state to obtain the information at will, and he questioned if it would violate the right to privacy. Representative Holm questioned if nine grams was too great an amount. He asked why anyone would need more than 30 tablets. 4:17:13 PM Representative Foster noted that he lives in rural areas in the summer and that he stocks up on all his supplies. Representative Weyhrauch stressed that it is a national and rural problem in all areas of the nation. He emphasized the severity of the problem of pseudo ephedrine use. MARLENA ADAMS, WASILLA, (via teleconference) testified in support of the legislation. She noted that she was addicted to methamphetamine, which almost cost her life. She was burned on 47 percent of her body as a result of an explosion resulting from methamphetamine use. She emphasized that users become vicious and paranoid. She spoke in support of stronger limitations and penalties. KURT KORNCHUCK, ANCHORAGE POLICE DEPARTMENT, (via teleconference) testified in support of the legislation. He noted that similar legislation in California has been very successful. He did not think the measure was drastic in comparison to the problem. He recounted instances relating to methamphetamine use in Anchorage. He agreed with a six- gram limit. 4:29:10 PM Representative Hawker stressed the intent to protect the confidentiality of records so that they do not fall prey to marketing. Representative Hawker MOVED to ADOPT Conceptual Amendment 1: Page 9, lines 19 and 20: After "dispensed." Delete all material and insert the following: "Upon the request, the Department of Public Safety and other law enforcement officers shall have access to the log. The log may be used for law enforcement purposes, but is otherwise confidential and not subject to public disclosure under AS 40.25.100 - 40.25.220." Representative Hawker explained that confidentiality of a records log, kept by the retailer, should be maintained with a confidentiality standard in keeping with that used by paramedical companies, but should not require a warrant situation for law enforcement. Representative Ramras expressed concern that retailers should not be subject to a crime if they do not keep up their logs adequately. He pointed out that there could be a variety of areas where pseudo ephedrine is sold, such as hotel gift shops. Representative Hawker responded that less sophisticated sellers would need to ask the vast majority of innocent Alaskans to register their driver's licenses and other information. He brought up the issue of identity theft and asked for a legal opinion. 4:34:54 PM Representative Ramras suggested that Representative Hawker look on page 9, line 8, where a conceptual amendment could be inserted to address confidentiality concerns. Representative Hawker pointed out that he referred to the wholesaler's portion. Ms. Carpenetti offered to help Representative Hawker with the language for Conceptual Amendment 1. There being NO OBJECTION, Conceptual Amendment 1 was ADOPTED. Co-Chair Meyer asked if there should be a penalty if the provision is not met. Representative Hawker affirmed, but emphasized that he would leave it up to the Department of Law. Co-Chair Meyer agreed with the intent of the amendment. Representative Foster MOVED to report CSHB 149 (FIN) out of Committee with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 149 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with four previously published fiscal notes: zero note #1 COR, zero note #2 LAW, indeterminate note #3 DOA, indeterminate note #4 DOC, and with a new fiscal impact note by CED. [HB 201 was postponed.] ADJOURNMENT The meeting was adjourned at 4:37 PM.