04/22/2006 09:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB313 | |
| SB48 | |
| HB446 | |
| SB316 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 316 | TELECONFERENCED | |
| += | SB 313 | TELECONFERENCED | |
| += | SB 48 | TELECONFERENCED | |
| += | HB 446 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 22, 2006
9:44 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 313
"An Act relating to scheduling Salvia divinorum as a controlled
substance."
MOVED CSSB 313(JUD) OUT OF COMMITTEE
SENATE BILL NO. 48
"An Act relating to recommending or refusing psychotropic drugs
or certain types of evaluations or treatments for children."
MOVED CSSB 48(HES) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 446(JUD)
"An Act relating to the amount of a civil penalty for an
unlawful act or practice in the conduct of trade or commerce;
and eliminating mandatory continuances in these matters after
issuance of an injunction."
MOVED CSHB 446(JUD) OUT OF COMMITTEE
SENATE BILL NO. 316
"An Act amending the Alaska Stranded Gas Development Act to
eliminate the opportunity for judicial review of the findings
and determination of the commissioner of revenue on which are
based legislative review for a proposed contract for payments in
lieu of taxes and for the other purposes described in that Act;
and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 313
SHORT TITLE: SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
SPONSOR(s): STATE AFFAIRS
04/05/06 (S) READ THE FIRST TIME - REFERRALS
04/05/06 (S) HES, JUD
04/12/06 (S) HES AT 2:45 PM BUTROVICH 205
04/12/06 (S) Moved SB 313 Out of Committee
04/12/06 (S) MINUTE(HES)
04/13/06 (S) HES RPT 3DP 2NR
04/13/06 (S) DP: DYSON, WILKEN, GREEN
04/13/06 (S) NR: ELTON, OLSON
04/20/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/06 (S) Scheduled But Not Heard
04/22/06 (S) JUD AT 9:30 AM BUTROVICH 205
BILL: SB 48
SHORT TITLE: PSYCH. EVALUATION/TREATMENT FOR STUDENTS
SPONSOR(s): SENATOR(s) DAVIS
01/12/05 (S) READ THE FIRST TIME - REFERRALS
01/12/05 (S) HES, JUD
04/05/06 (S) HES AT 1:30 PM BUTROVICH 205
04/05/06 (S) -- Meeting Canceled --
04/12/06 (S) HES AT 2:45 PM BUTROVICH 205
04/12/06 (S) Moved CSSB 48(HES) Out of Committee
04/12/06 (S) MINUTE(HES)
04/13/06 (S) HES RPT CS 2DP 2NR
04/13/06 (S) DP: DYSON, ELTON
04/13/06 (S) NR: WILKEN, OLSON
04/20/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/06 (S) Scheduled But Not Heard
04/22/06 (S) JUD AT 9:30 AM BUTROVICH 205
BILL: HB 446
SHORT TITLE: PENALTY FOR UNLAWFUL TRADE PRACTICE
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE
02/13/06 (H) READ THE FIRST TIME - REFERRALS
02/13/06 (H) JUD, FIN
02/24/06 (H) JUD AT 2:00 PM CAPITOL 120
02/24/06 (H) Moved CSHB 446(JUD) Out of Committee
02/24/06 (H) MINUTE(JUD)
02/27/06 (H) JUD RPT CS(JUD) NT 4DP
02/27/06 (H) DP: COGHILL, ANDERSON, GRUENBERG,
MCGUIRE
03/15/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/15/06 (H) Moved CSHB 446(JUD) Out of Committee
03/15/06 (H) MINUTE(FIN)
03/17/06 (H) FIN RPT CS(JUD) NT 3DP 8NR
03/17/06 (H) DP: FOSTER, KERTTULA, MEYER;
03/17/06 (H) NR: HAWKER, WEYHRAUCH, STOLTZE, JOULE,
MOSES, HOLM, KELLY, CHENAULT
04/10/06 (H) TRANSMITTED TO (S)
04/10/06 (H) VERSION: CSHB 446(JUD)
04/12/06 (S) READ THE FIRST TIME - REFERRALS
04/12/06 (S) JUD, FIN
04/20/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/06 (S) Scheduled But Not Heard
04/22/06 (S) JUD AT 9:30 AM BUTROVICH 205
BILL: SB 316
SHORT TITLE: COURT REVIEW OF STRANDED GAS DECISION
SPONSOR(s): JUDICIARY
04/13/06 (S) READ THE FIRST TIME - REFERRALS
04/13/06 (S) JUD
04/19/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/19/06 (S) Heard & Held
04/19/06 (S) MINUTE(JUD)
04/20/06 (S) JUD AT 8:30 AM BUTROVICH 205
04/20/06 (S) Heard & Held
04/20/06 (S) MINUTE(JUD)
04/21/06 (S) JUD AT 9:30 AM BUTROVICH 205
04/21/06 (S) Heard & Held
04/21/06 (S) MINUTE(JUD)
04/22/06 (S) JUD AT 9:30 AM BUTROVICH 205
WITNESS REGISTER
Dave Stancliff, Legislative Aide
Staff to Senator Gene Therriault
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 313
Jack Degenstein
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to SB 313
Chris Beheim, Supervisor
Alaska State Crime Lab
POSITION STATEMENT: Commented on SB 313
Senator Bettye Davis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced SB 48
Richard Benavides, Legislative Aide
Senator Bettye Davis
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions regarding SB 48
Stuart Thompson
Wasilla, Alaska
POSITION STATEMENT: Testified in support of SB 48
Margaret Anthony
MatSu Valley, Alaska
POSITION STATEMENT: Testified in support of SB 48
Frank Turney
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 48
Greg Sternquist
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 48
Angela Tillery, Director
Church of Scientology
No address provided
POSITION STATEMENT: Testified in support of SB 48
Richard Warner
Citizens Commission on Human Rights
Seattle, Washington
POSITION STATEMENT: Testified in support of SB 48
Craig Johnson, Legislative Aide
Staff to Representative Lesil McGuire
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 446
Ed Sniffen, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Answered questions regarding HB 446
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 9:44:21 AM. Present were Senators
Hollis French, Gene Therriault, Charlie Huggins, Gretchen Guess,
and Chair Ralph Seekins.
SB 313-SALVIA DIVINORUM AS CONTROLLED SUBSTANCE
9:44:48 AM
CHAIR RALPH SEEKINS announced SB 313 to be up for consideration.
SENATOR GENE THERRIAULT asked Dave Stancliff to introduce SB
313.
DAVE STANCLIFF, Staff to Senator Therriault, introduced the
bill. Salvia divinorum is a very powerful substance used
primarily by the Mazatec Indians for the purpose of obtaining
spiritual visions. It is the most potent hallucinogenic material
known to man and due to a proliferation of Internet sales, this
substance is now being sold in stores in Alaska. Purveyors of
the substance give grave warnings about its use. The sponsor has
several letters of support for the bill from varying
departments, including the Department of Health and Social
Services.
9:47:44 AM
Studies have shown that people predisposed to depression or
schizophrenia can be tipped further in that direction after
using Salvia. There are long-term effects such as flashbacks.
After consumption of the substance the high can last for hours
and the effects can last for days. Salvia divinorum is enjoying
a rise in use due to the lack of restrictions on the substance.
Alaska should stay ahead of the game and add this to the list of
Schedule II illegal drugs.
9:50:24 AM
SENATOR GRETCHEN GUESS asked whether someone who needed it would
be able to still get the drug if the bill were to pass.
MR. STANCLIFF stated yes with permission from a doctor. It would
also be able to be legally used for scientific study.
SENATOR THERRIAULT moved version G as the working document
before the committee. Hearing no objections, the motion carried.
SENATOR HOLLIS FRENCH asked the penalty for possession of
Schedule II drugs.
MR. STANCLIFF said it depends on whether the possession is near
a school ground or other different considerations. The committee
should know is that it can't be grown from seeds. It is
primarily grown in Mexico, California and Hawaii.
SENATOR FRENCH asked what the penalty would be for buying Salvia
divinorum.
MR. STANCLIFF said it would be the same as it is for LSD or
cocaine, which is a class C felony.
9:53:14 AM
CHAIR SEEKINS called for public testimony.
JACK DEGANSTEIN, Anchorage, testified in opposition to the bill.
He asserted that Salvia divinorum was not a dangerous drug. He
contended that the substance was not a problem and said it is
primarily used in a responsible manner. He said the facts have
been distorted and he has never seen evidence that it causes
depression. The effects are more in the manner of providing hope
and enlightenment, he stated.
9:57:27 AM
CHAIR SEEKINS asked Mr. Deganstein whether it was safe to
operate a car while using the drug.
MR. DEGENSTEIN reported it would be impossible to operate
equipment.
CHRIS BEHEIM, Supervisor, Alaska State Crime Lab, offered to
answer questions. He said he has been working on obtaining a
sample of the ingredient so that he can do a chemical analysis
of the substance.
CHAIR SEEKINS closed public testimony.
SENATOR THERRIAULT noted drug dealers do currently not sell
Salvia divinorum because it is readily available to purchase. He
said the committee should add the drug to the list of Schedule
II drugs.
10:03:15 AM
SENATOR CHARLIE HUGGINS expressed support for the bill. He moved
CSSB 313(JUD) from committee with individual recommendations and
attached fiscal notes. Hearing no objection, the motion carried.
CHAIR SEEKINS announced a brief recess at 10:04:08 AM.
SB 48-PSYCH. EVALUATION/TREATMENT FOR STUDENTS
10:12:15 AM
CHAIR RALPH SEEKINS announced SB 48 to be up for consideration.
SENATOR BETTYE DAVIS introduced the bill. She said there are
many other states that have passed similar legislation.
RICHARD BENAVIDES, Staff to Senator Davis, explained that the
bill basically states that a public school may not deny any
student access to programs or services because the parents
refuse to place the student on psychotropic medications, get a
psychiatric evaluation or seek treatment for the child. It also
spells out what communications are allowed, who can do
evaluations and the protections a parent or guardian has against
being reported to the Office of Children's Services (OCS).
The sponsor recognizes that psychotropic drugs are sometimes
used to address mental health problems. The U.S. Department of
Education has clearly informed educators that medical
professionals, not education professionals, are responsible for
prescribing medication.
A 2004 reauthorization of the Individuals with Disabilities in
Education Act (IDEA) requires that each state prohibit any
school district personnel from requiring a child to obtain a
prescription for psychotropic drugs as a condition of attending
school. This does not prevent teachers from sharing classroom-
based observations with parents or guardians. Essentially, any
medical decision to address a student's need is a matter between
the student, the parent and a competent healthcare professional
chosen by the parent.
Nothing in the bill prevents school personnel from using any
other means of dealing with behavioral problems. The bill
targets teachers who attempt to prevent children from attending
school.
10:17:26 AM
CHAIR SEEKINS called for public testimony.
STUART THOMPSON, Wasilla, testified in support of SB 48. School
administrator training is not designed to make educators
competent to practice any type of medicine, he stated.
Advertisements by pharmaceutical companies attempt to convince
the mainstream that children with excess energy suffer from
chemical imbalances, which their drugs would cure. Years of
using legal drugs begets years of using illegal drugs, he
claimed. He encouraged the committee to support SB 48.
10:22:27 AM
MARGARET ANTHONY, Fairbanks, expressed concern regarding the
number of children in America on psychotropic drugs. Some of the
most talented people in history had a hard time sitting still in
school, such as Albert Einstein and actor Tom Cruise. Today the
two might be diagnosed with ADD and put on drugs. She informed
the committee that any person who was been on Ritalin for more
than two years is not eligible to serve in the military.
People on psychotropic drugs present higher risks of suicide and
violent behavior. One of the students who went on the shooting
spree in Columbine High School was on such types of drugs, she
stated. The drugs appear to interfere with good judgment. She
encouraged the committee to support the bill.
10:26:33 AM
FRANK TURNEY, Fairbanks, said he was a community activist who
supported SB 48. He informed the committee of a resolution
passed in 2005 by the borough assembly in support of this
legislation. Many parents are concerned with their children
being misdiagnosed with attention deficit disorder (ADD) or
attention deficit hyperactivity disorder (ADHD) and then denied
the opportunity to serve in military service. He agreed with
previous testimony from Ms. Anthony regarding increased erratic
behavior of young adults who have been put on psychotropic
drugs.
10:31:50 AM
GREG STERNQUIST, Chiropractor, said he has treated children for
ADHD for many years and considers himself an expert on
psychotropic drugs. He recognized that teachers are doing a good
job overall but they do not have possess the education level to
diagnose or suggest treatment to children. He urged the
committee to support the bill.
10:33:35 AM
ANGELA TILLERY, Director, Church of Scientology, testified in
support of the bill. She has counseled parents whose children
have been recommended psychotropic drugs due to their
hyperactivity. School districts want a quick fix because they
have too many children in the classroom and they seek easier
control, she claimed.
10:36:47 AM
RICHARD WARNER, President of the Seattle Chapter of the
Citizen's Commission on Human Rights, testified in support of
the bill. Similar legislation has passed in many other states.
Children are exposed to many different factions in today's
society and there are many different root causes to mental
instability including too much television watching, poor
nutrition, and exposure to environmental toxins. The Surgeon
General's 1999 report on mental health says there is no
definitive lesion, laboratory tests or abnormality in brain
tissue that can identify mental illness.
The FDA has recently issued an unprecedented series of warning
against psychotropic drugs. They have found that anti-
depressants can double a child's risk of becoming suicidal. ADHD
drugs such as Ritalin can increase cardiovascular problems, lead
to hallucinations, aggression, violence, and psychotic behavior.
Tests show that the drugs are no more effective than placebos in
treating children for hyperactivity.
10:41:18 AM
MR. WARNER continued his only problem with the S version of the
bill is that the original bill was much stronger. He encouraged
the committee to return the bill to its stronger position of
protecting parents who refuse to put their children on drugs.
10:44:16 AM
SENATOR CHARLIE HUGGINS asked Senator Davis whether she agreed
with Mr. Warner's stance for a stronger bill.
SENATOR DAVIS said she felt the bill was in good form.
CHAIR SEEKINS closed public testimony.
SENATOR GRETCHEN GUESS moved to report CSSB 48(HES) from
committee with individual recommendations and attached fiscal
notes. Hearing no objections, the motion carried.
CHAIR SEEKINS called a brief recess at 10:45:56 AM.
HB 446-PENALTY FOR UNLAWFUL TRADE PRACTICE
10:47:39 AM
CHAIR RALPH SEEKINS announced CSHB 446(JUD) to be up for
consideration.
MR. CRAIG JOHNSON, Staff to Representative Lesil McGuire,
introduced the bill. The first consumer protection bill was
introduced in 1979. Today Alaska's current consumer protection
laws provide the lowest allowable civil penalties of any state.
The bill is meant to strengthen consumer protection laws and
bring the penalties up in accordance with inflation. The bill
has seen no opposition to this point.
10:49:35 AM
SENATOR HOLLIS FRENCH remarked that the bill simply updates the
amounts of fines and does not change any substantive law.
ED SNIFFEN, Assistant Attorney General, Department of Law (DOL),
testified that his responsibilities include enforcement of the
Consumer Protection Act, which the bill would amend. He agreed
with Senator French's comment that the bill would bring Alaska
Statutes in line with the fines of the current times.
CHAIR SEEKINS referred to page 1, line 6 and questioned whether
the provision "A person who violates the terms of an injunction
or restraining order" implies that the person would "knowingly
and willfully" do so. He stated that was not always clear to the
average person.
MR. SNIFFEN agreed but said there are a number of statutes that
have the same implied effect.
10:53:55 AM
CHAIR SEEKINS asked Mr. Sniffen the standard that is used to
bring someone to court.
MR. SNIFFEN responded that the DOL looks at a variety of factors
in each individual case. It is policy to consider the impact of
the conduct on the citizens of the State of Alaska. There are
cases involving private disputes between individuals where the
Department would be unlikely to spend resources as the impact is
localized and unique and does not demonstrate patterns of
illegal behavior.
CHAIR SEEKINS asked whether it was normal practice to advise the
person of the illegal practice and to order them to cease and
desist.
MR. SNIFFEN said yes. If the harm is not monumental, the DOL
will advise them of the law and have them sign an assurance of
voluntary compliance, which is then filed with the court.
10:56:58 AM
CHAIR SEEKINS closed public testimony.
SENATOR GRETCHEN GUESS moved to report CSHB 446(JUD) from
committee with individual recommendations and attached fiscal
notes. Hearing no objections, the motion carried.
CHAIR SEEKINS announced a brief recess at 10:57:33 AM.
SB 316-COURT REVIEW OF STRANDED GAS DECISION
11:08:38 AM
CHAIR RALPH SEEKINS announced SB 316 to be up for consideration.
He said the intent today was to discuss proposed language so
that the bill could move forward. The committee did not expect
to move the bill out but the chairman hoped to do constructive
work on it. He said his draft would allow the Legislature to
view the contract and would allow a public citizen to challenge
the findings and determinations provided that the Legislature
authorized and approved the signing of the contract. If the
committee agreed on the draft, he would have it drawn up into a
committee substitute (CS) to be considered on the following
hearing date.
11:10:31 AM
CHAIR SEEKINS said as he reads the original bill, the challenge
could be made at the point where the decision was made to
execute the contract. There was nothing for the court to
consider until an action on the contract was made.
It appears that the Senate Judiciary Standing Committee is
trying to put one more step into the process before there could
be a judicial review, he stated. Any challenger to the contract
would legitimately try to determine whether or not the contract
was in the best fiscal interest of the state. The only party
that could possibly challenge a contract while it was in the
middle of the process would be someone who wanted to "high-
center" the contract and halt the process for political or
private reasons, which should not be allowed. The opportunity
for any challenge should be at the end of the process.
11:12:41 AM
CHAIR SEEKINS said he was also concerned that there be plenty of
opportunity to view the body of evidence that the commissioner
used to come to his conclusion. For example, currently the
commissioner has not released any preliminary findings and as a
result, none of the body of evidence, including the contract
currently under consideration, is a public document except for
the proprietary information identified in Section 310.
SENATOR GENE THERRIAULT said there is a category of documents
that are part of the deliberative process that can also be
withheld.
CHAIR SEEKINS said his concern was that every document that
would be discoverable in a legal challenge should be made
public.
11:15:16 AM
CHAIR SEEKINS directed the committee's attention to the current
Stranded Gas Act (SGA), page 21, line 8, and the term
"supporting financial, technical, market data." He said that
indicated that only the documents supporting a particular
decision are required to be disclosed. He passed out his
untitled draft and proposed that word "supporting" would be
deleted, thereby broadening the amount of documents that would
be discoverable.
SENATOR HOLLIS FRENCH noted there are two clear definitions of
the word "support." A government lawyer would lose his argument
that the only documents that get released are the ones favoring
his client. He said every single word is subject to contrasting
interpretations.
CHAIR SEEKINS asserted the importance of transparency and
inclusion regarding consideration of any contract.
SENATOR FRENCH pointed out in the same paragraph it states the
documents "considered by the commissioner" would be submitted
with the final findings and determination. A clever federal
government lawyer could contend that many of the documents were
not "considered," he stated.
CHAIR SEEKINS replied that the Legislature could only hold the
commissioner to those things that he actually considered.
11:21:00 AM
CHAIR SEEKINS said the intent was to make the bill as clear as
possible and to allow someone to examine the body of documents
that the commissioner used to come up with the final findings
and determination. At that point, the Legislature goes to work
and it becomes their responsibility to examine the contract to
ensure that it meets the terms of the SGA.
11:24:52 AM
CHAIR SEEKINS asked the committee whether they were in agreement
regarding the steps they want the process to go through.
They would make sure that the body of evidence that the
commissioner used to come up with his preliminary findings is
made public at the point that the preliminary findings are
signed. Then there would be a period of time of at least 30 days
for the legislative and public review. Then the commissioner
would close off public comment and within 30 days prepare a
summary of the public comment and legislative comment. He would
consolidate the body of evidence together and bring it to the
governor along with the contract. The governor would then
forward all of that to the Legislature.
11:27:07 AM
SENATOR FRENCH interrupted to ask whether the committee was
operating under the new [untitled] draft.
CHAIR SEEKINS said yes and read Section 43.82.430 as follows:
Sec. 43.82.430. Final findings, determination, and proposed
amendments; execution of the contract.
(a) Within 30 days after the close of the public comment
period under AS 43.82.410(4), the commissioner of revenue shall
(1) prepare a summary of the public comments received in
response to the proposed contract and the preliminary findings
and determination;
(2) after consultation with the commissioner of natural
resources, if appropriate, and with the pertinent municipal
advisory group established under AS 43.82.510, prepare a list of
proposed amendments, if any, to the proposed contract that the
commissioner of revenue determines are necessary to respond to
public comments;
(3) make final findings and a determination as to whether
the proposed contract and any proposed amendments prepared under
(2) of this subsection meet the requirements and purposes of
this chapter.
(b) After considering the material described in (a) of this
section and securing the agreement of the other parties to the
proposed contract regarding any proposed amendments prepared
under (a) of this section, if the commissioner determines that
the contract is in the long-term fiscal interests of the state,
the commissioner shall submit the contract to the governor.
SENATOR FRENCH noted for the people watching on television that
the chairman was reading the statute as it currently stands and
is suggesting no change to AS 43.82.430.
CHAIR SEEKINS agreed and said he just wanted to make it clear.
He read Section 435 as he proposed in his draft CS.
Sec. 43.82.435. Legislative authorization.
(a) The governor may transmit a contract developed under
this chapter to the legislature together with a request for
authorization to execute the contract.
(b) Concurrent with the submission of the contract and
request for authorization to execute the contract to the
legislature, the governor shall:
(1) submit the commissioner's final findings and
determinations and the financial, technical, market data,
including work papers, analyses, and recommendations of any
independent contractors used under AS 43.82.240, that were
considered by the commissioner to make the final findings and
determinations to the legislature; and
SENATOR FRENCH interrupted to ask to whom the final findings and
determinations would be submitted.
CHAIR SEEKINS said to the Legislature. He continued reading his
proposed language to the committee and clarified that there
would be 120 days after the execution of the contract for
someone to be able to bring a challenge.
11:31:43 AM
SENATOR CHARLIE HUGGINS reported that Chair Seekins' CS would
satisfy the concerns of his constituents.
SENATOR GUESS agreed with Senator Huggins. She asked whether the
law authorizing the contract is what would be challenged.
CHAIR SEEKINS explained that the challengeable part would be
that the contract entered into was not cohesive to the long-term
fiscal interest of the state.
SENATOR FRENCH compared Chair Seekins' proposed Section 440 with
the current AS 43.82.440 and said, "it looks as if a person
could challenge the enforceability of a contract executed under
a law authorizing the contract."
11:34:10 AM
CHAIR SEEKINS agreed to add that into his CS.
SENATOR FRENCH reiterated his earlier concern with changing the
focus of the legal contest from the findings and determination
of the commissioner to the findings and determinations forwarded
to the Legislature. He said he could not know for a certainty
that the committee wasn't "shrinking" the amount of discoverable
information.
CHAIR SEEKINS said he has struggled over that because it is
difficult to challenge the actions of the Legislature in passing
a law. If the Legislature were to determine that the contract
did not meet the requirements of the law, they could still
accept it because a new law would authorize it.
SENATOR HUGGINS said he heard Senator French say that the
language of the proposed CS denotes a narrowing of things that
would be available for people to challenge.
SENATOR FRENCH agreed that was his concern.
CHAIR SEEKINS said that it was not his intent to narrow the
scope of the challenge but to properly place it.
11:37:05 AM
CHAIR SEEKINS asserted under the old law there was a clumsy
situation that would allow a "high-centering" of a contract. He
advised the committee that he would submit his CS to the
drafters for their review and bring the bill up again. He held
SB 316 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting at 11:41:22 AM.
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