01/27/1999 11:20 AM Senate RLS

                SENATE RULES COMMITTEE                                                                                          
                   January 27, 1999                                                                                             
                      11:20 a.m.                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Tim Kelly, Chair                                                                                                        
Senator Loren Leman, Vice Chair                                                                                                 
Senator Mike Miller                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 28(FIN)                                                                                                  
"An Act relating to the increase of an appropriation item based on                                                              
additional federal or other program receipts."                                                                                  
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 28 - Finance Report 1/26/99.                                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-1, SIDE A                                                                                                               
                                                                                                                                
CHAIRMAN KELLY called the Senate Rules Committee meeting to order                                                               
at 11:20 a.m.  Present were Senators Kelly, Pearce, Ellis, Leman,                                                               
and Miller.  CHAIRMAN KELLY announced SB 28 was before the                                                                      
committee for calendaring.                                                                                                      
                                                                                                                                
           CSSB 28(FIN) - INCREASE IN PROGRAM RECEIPTS                                                                          
                                                                                                                                
VICE-CHAIR LEMAN moved that CSSB 28(FIN) be approved for                                                                        
calendaring.                                                                                                                    
                                                                                                                                
SENATOR ELLIS objected.                                                                                                         
                                                                                                                                
CHAIRMAN KELLY stated the motion carried with Senators Leman,                                                                   
Miller, Pearce, and Kelly voting "Yea;"  and Senator Ellis voting                                                               
"Nay."                                                                                                                          
                                                                                                                                
SENATOR ELLIS stated his objection was based on the fact that the                                                               
lower court decision is on appeal to the Supreme Court.  He thought                                                             
the Legislature should await the Supreme Court decision so that it                                                              
can draft a statute that will withstand court scrutiny in the                                                                   
future.                                                                                                                         
                                                                                                                                
CHAIRMAN KELLY stated that reason was unlikely to affect many                                                                   
votes, therefore CSSB 28(FIN) would be calendared by a vote of 4 to                                                             
1.  He adjourned the meeting at 11:14 a.m.