Legislature(1997 - 1998)

05/05/1998 03:40 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SENATE STATE AFFAIRS COMMITTEE                                     
                     May 5, 1998                                               
                      3:40 p.m.                                                
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Lyda Green, Chairman                                                   
Senator Jerry Ward, Vice-Chairman                                              
Senator Jerry Mackie                                                           
Senator Mike Miller                                                            
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
- CONFIRMATION HEARING:  Mark C. Rowland, Alaska Public Offices                
                          Commission                                           
                                                                               
SENATE BILL NO. 183                                                            
"An Act relating to voter qualification, disqualification, and                 
registration; to voter registration officials; to election notices;            
to mail elections; to certain voting procedures; to the                        
transportation of ballots; and to the official election pamphlet               
and certain immunity from liability regarding claims arising from              
publication of the official election pamphlet."                                
                                                                               
     - MOVED CSSB 183(STA) OUT OF COMMITTEE                                    
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA)                                      
Relating to bringing Balto back to Alaska.                                     
                                                                               
     - MOVED CSHJR 62(CRA) OUT OF COMMITTEE                                    
                                                                               
CS FOR HOUSE BILL NO. 324(L&C) am                                              
"An Act relating to deferral of certain municipal assessment                   
payments."                                                                     
                                                                               
     - MOVED CSHB 324(L&C) am OUT OF COMMITTEE                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 57 am                                               
Relating to an amendment to the Constitution of the United States              
prohibiting federal courts from ordering a state or a political                
subdivision of a state to increase or impose taxes.                            
                                                                               
     - MOVED SCS HJR 57(STA) OUT OF COMMITTEE                                  
                                                                               
HOUSE JOINT RESOLUTION NO. 59                                                  
Relating to an amendment to the Constitution of the United States              
prohibiting desecration of the Flag of the United States.                      
                                                                               
     - MOVED HJR 59 OUT OF COMMITTEE                                           
                                                                               
CS FOR HOUSE BILL NO. 353(HES) am                                              
"An Act relating to adoption by reference in regulations; and                  
providing for an effective date."                                              
                                                                               
     - MOVED CSHB 353(HES) am                                                  
                                                                               
CS FOR HOUSE BILL NO. 408(FIN)                                                 
"An Act establishing the Alaska Seismic Hazards Safety Commission."            
                                                                               
     - MOVED CSHB 408(FIN) OUT OF COMMITTEE                                    
                                                                               
CS FOR HOUSE BILL NO. 464(STA)                                                 
"An Act authorizing state veterans' home facilities to provide                 
nursing home care with related medical services."                              
                                                                               
     - MOVED CSHB 464(STA)                                                     
                                                                               
CS FOR HOUSE BILL NO. 264(FIN)                                                 
"An Act relating to negotiated regulation making; and providing for            
an effective date."                                                            
                                                                               
     - ADOPTED AND MOVED SCS CSHB 264(STA) OUT OF COMMITTEE                    
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 183 - See State Affairs minutes dated 2/17/98.                              
                                                                               
HJR 62 - No previous action to record.                                         
                                                                               
HB 324 - No previous action to record.                                         
                                                                               
HJR 57 - No previous action to record.                                         
                                                                               
HJR 59 - No previous action to record.                                         
                                                                               
HB 353 - See HESS minutes dated 4/22/98, 4/24/98 & 4/27/98.                    
                                                                               
HB 408 - No previous action to record.                                         
                                                                               
HB 464 - No previous action to record.                                         
                                                                               
HB 264 - See State Affairs minutes dated 4/16/98.                              
                                                                               
WITNESS REGISTER                                                               
                                                                               
Mark C. Rowland                                                                
Anchorage, AK                                                                  
                                                                               
Representative Scott Ogan                                                      
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HJR 62 & HB 324                        
                                                                               
Jeff Logan, Staff to Representative Joe Green                                  
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on HJR 57                           
                                                                               
James Hornaday, Staff to Representative Pete Kott                              
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on HJR 59                           
                                                                               
Bruce Campbell, Staff to Representative Pete Kelly                             
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on HB 353                           
                                                                               
Representative John Davies                                                     
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HB 408                                 
                                                                               
Representative Jeannette James                                                 
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HB 464 & HB 264                        
                                                                               
Gerald Dorsher                                                                 
Veterans of Foreign Wars                                                       
P.O. Box 240003                                                                
Douglas, AK 99824                                                              
  POSITION STATEMENT:  Testified in support of HB 464                          
                                                                               
Jim Kohn, Director                                                             
Division of Alaska Longevity Programs                                          
Department of Administration                                                   
P.O. Box 110211                                                                
Juneau, AK 99811-0211                                                          
  POSITION STATEMENT:  Department supports HB 464                              
                                                                               
Charles McLeod, Jr., Special Assistant                                         
Office of Veterans Affairs                                                     
Department of Military & Veterans Affairs                                      
P.O. Box 5800                                                                  
Ft. Richardson, AK 99505-0800                                                  
  POSITION STATEMENT:  Testified in support of HB 464                          
                                                                               
Douglas Mertz, Representing Prince William Sound                               
  Regional Citizens Advisory Council                                           
319 Seward St.                                                                 
Juneau, AK 99801                                                               
  POSITION STATEMENT:  Outlined concerns with HB 264                           
                                                                               
Pam LaBolle, President                                                         
Alaska State Chamber of Commerce                                               
217 2nd St., Suite 201                                                         
Juneau, AK 99801                                                               
  POSITION STATEMENT:  Supports SCS CSHB 264(STA)                              
                                                                               
Deborah Behr, Assistant Attorney General                                       
Legislation & Regulations Section                                              
Department of Law                                                              
P.O. Box 110300                                                                
Juneau, AK 99811-0300                                                          
  POSITION STATEMENT:  Offered information on SCS CSHB 264(STA)                
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-19, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN GREEN called the Senate State Affairs Committee to order              
at 3:40 p.m., and noted the presence of Senators Ward, Miller,                 
Duncan, Mackie and Green.                                                      
                                                                               
                   SB 183 - VOTING & ELECTIONS                                 
                                                                               
CHAIRMAN GREEN brought SB 183 before the committee as the first                
order of business.  She noted that concerns were expressed at a                
previous hearing on the legislation, and after checking with                   
individuals who were in the business of doing elections around the             
state, a committee substitute was drafted which includes their                 
suggested amendments.  She then requested a motion to adopt the                
proposed State Affairs CS.                                                     
                                                                               
SENATOR MILLER moved the adoption of CSSB 183(STA), version "E,"               
and hearing no objection, it was so ordered.                                   
                                                                               
SENATOR MILLER moved CSSB 183(STA) and the accompanying fiscal note            
be passed out of committee with individual recommendations.                    
Hearing no objection, it was so ordered.                                       
                                                                               
Number 030                                                                     
                                                                               
CHAIRMAN GREEN stated the next order of business would be a                    
confirmation hearing on the governor's appointee to the Alaska                 
Public Offices Commission, Mark C. Rowland.                                    
                                                                               
MARK ROWLAND, addressing the committee via teleconference from                 
Anchorage, briefly reviewed his work history as an attorney after              
coming to the state of Alaska in 1965.  He has worked as an                    
assistant attorney general, an assistant district attorney, as well            
as having served on the Superior Court bench for 19 years, three               
years of which he spent as a presiding judge. He said he knows                 
something about the Public Offices Commission because he was                   
subject to its jurisdiction for a number of years.                             
                                                                               
Number 065                                                                     
                                                                               
There being no questions or comments from committee members,                   
CHAIRMAN GREEN thanked Mr. Rowland for addressing the committee.               
                                                                               
SENATOR MILLER moved that the name of Mark C. Rowland be forwarded             
to a joint session for consideration, and that this does not                   
reflect an intent by any committee member to vote for or against               
the nominee.  Hearing no objection, the motion carried.                        
                                                                               
Number 090                                                                     
           CSHJR 62(C&RA) - BRING BALTO BACK TO ALASKA                         
                                                                               
CHAIRMAN GREEN brought HJR 62 before the committee as the next                 
order of business.                                                             
                                                                               
REPRESENTATIVE SCOTT OGAN, prime sponsor of the resolution,                    
explained Balto was the lead dog on the original serum run to Nome.            
Balto died in 1933 and was preserved by a taxidermist and then                 
donated to the Cleveland Museum of Natural History.  He said third             
grade students in his district have launched a movement to bring               
Balto back to the state where he rightly belongs, and the                      
resolution requests that Balto be returned from the museum to the              
state of  Alaska.                                                              
                                                                               
There being no further testimony on HJR 62, CHAIRMAN GREEN                     
requested a motion on the legislation.                                         
                                                                               
SENATOR MILLER moved HJR 62 be passed out of committee with                    
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
    CSHB 324(L&C) am - MUNICIPAL LIEN FOR UTILITY IMPROVEMENTS                 
                                                                               
CHAIRMAN GREEN brought CSHB 324(L&C) am before the committee as the            
next order of business.                                                        
                                                                               
REPRESENTATIVE SCOTT OGAN, prime sponsor of HB 324, said his area              
has a number of local improvement districts (LIDs), and there are              
property owners who are on very fixed incomes and cannot afford                
these LID assessments.  HB 324 will allow boroughs, by ordinance,              
to defer payment of an LID by an economically disadvantaged                    
resident.  However, the legislation does not require local                     
governments to provide this relief.                                            
                                                                               
There being no further testimony on HB 324, CHAIRMAN GREEN                     
requested a motion on the legislation.                                         
                                                                               
SENATOR MILLER moved CSHB 324(L&C) be passed out of committee with             
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
         HJR 57 - AMEND US CONSTIT. TO LIMIT FED. COURTS                       
                                                                               
CHAIRMAN GREEN brought HJR 57 before the committee as the next                 
order of business.                                                             
                                                                               
JEFF LOGAN, staff to Representative Joe Green who is prime sponsor             
of HJR 57, said the resolution requests Congress to exercise the               
power granted to them under article V of the U.S. Constitution to              
prepare and present to the legislatures of all 50 states an                    
amendment that would prohibit federal courts from ordering a state             
or political subdivision to increase or impose taxes.  A similar               
resolution was approved by the 19th Alaska Legislature.                        
                                                                               
Mr. Logan related that the resolution is partly in response to a               
U.S. Supreme Court decision  in Missouri v. Jenkins, which upheld              
the right of a Federal District Court to order a property tax                  
increase in Kansas City, Missouri.  Last year in Rockford,                     
Illinois, a U.S. District Court magistrate ordered property tax                
assessments increased by 12 percent.  He said Representative Green             
believes that this is far beyond the bounds of what the framers of             
the U.S. Constitution intended.                                                
                                                                               
Mr. Logan pointed out that so far 12 states have adopted this                  
amendment and there are a number of other states considering it.               
                                                                               
Mr. Logan directed attention to a proposed amendment for the                   
committee's consideration; however, because the committee had lost             
its quorum, the Chairman stated HJR 57 would be held until later in            
the meeting.                                                                   
                                                                               
Number 170                                                                     
                                                                               
                HJR 59 - DESECRATION OF U.S. FLAG                              
                                                                               
CHAIRMAN GREEN introduced HJR 59 as the next order of business.                
                                                                               
JAMES HORNADAY, staff to Representative Pete Kott who is the prime             
sponsor of HJR 59, explained the resolution urges Congress to                  
present a constitutional amendment to the states that would                    
authorize  Congress to prohibit the physical desecration of the                
American flag.                                                                 
                                                                               
He said the flag has long been enshrined as the symbol of what is              
right with America and is a most worthy emblem of our nation.                  
However, the law, as interpreted by the United States Supreme                  
Court, no longer accords to the Stars and Stripes that reverence,              
respect and dignity befitting the banner of our noble experiment of            
a nation state, which Lincoln called the last best hope of mankind.            
                                                                               
In closing, Mr. Hornaday said Representative Kott urges support for            
the resolution, realizing that there are very strong emotional                 
feelings on the issue.                                                         
                                                                               
There being no questions or further testimony on HJR 59, CHAIRMAN              
GREEN requested a motion to move the legislation out of committee.             
                                                                               
SENATOR MILLER moved HJR 59 be passed out of committee with                    
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
Number 275                                                                     
                                                                               
     CSHB 353(HES) am - ADOPTION BY REFERENCE IN REGULATIONS                   
                                                                               
CHAIRMAN GREEN introduced CSHB 353(HES) am as the next order of                
business.                                                                      
                                                                               
BRUCE CAMPBELL, staff to Representative Pete Kelly who is the prime            
sponsor of HB 353, explained the legislation allows the Department             
of Health and Social Services to adopt within its regulations                  
standards set out in federal or state law or regulation, or the                
specific national standards, without adopting a new regulation                 
every time that these standards are changed.  Currently, any time              
manuals are changed the state agency must adopt a new regulation               
adopting the citation change, and as the regulation adoption                   
process is so lengthy, it is impossible for a state agency to                  
remain current with standards adopted by reference.                            
                                                                               
Mr. Campbell noted that this legislation applies only to the                   
Department of Health and Social Services.                                      
                                                                               
There being no further testimony on HB 353, CHAIRMAN GREEN asked               
for the pleasure of the committee.                                             
                                                                               
SENATOR MILLER moved CSHB 353(HES) and the accompanying zero fiscal            
note be passed out of committee with individual recommendations.               
Hearing no objection, it was so ordered.                                       
                                                                               
Number 325                                                                     
                                                                               
        CSHB 408(FIN) - SEISMIC HAZARDS SAFETY COMMISSION                      
                                                                               
CHAIRMAN GREEN brought HB 408 before the committee as the next                 
order of business.                                                             
                                                                               
REPRESENTATIVE JOHN DAVIES, prime sponsor of HB 408, explained the             
bill creates a seismic safety commission in the Governor's Office              
and it would be an umbrella commission to coordinate the activities            
of existing state agencies.  He noted Alaska has some of the                   
largest earthquakes in the world, and yet it is one of the few                 
states in the western United States that does not have a seismic               
safety commission.                                                             
                                                                               
Representative Davies said the commission is patterned after some              
of the language that was developed in California.  The purpose of              
the commission is to mitigate possible effects by earthquakes by               
making sure people adhere to buildings codes and encouraging                   
appropriate land use.                                                          
                                                                               
Number 385                                                                     
                                                                               
CHAIRMAN GREEN inquired if this commission would be a coordinating             
agency with the Division of Emergency Services within the                      
Department of Military and Veterans Affairs.  REPRESENTATIVE DAVIES            
explained that the planning effort that goes on in the Division of             
Emergency Services is for earthquake response to the damage that               
occurs whereas this group would try to prevent damage from                     
occurring in the first place, so it is prevention versus response.             
                                                                               
CHAIRMAN GREEN asked if this commission would be only a                        
recommending group, and REPRESENTATIVE DAVIES acknowledged that was            
correct.  He added that it is meant to be a catalyst to bring                  
people together who are working on similar things and to focus                 
efforts.                                                                       
                                                                               
There being no further testimony on CSHB 408(FIN), CHAIRMAN GREEN              
asked for the pleasure of the committee.                                       
                                                                               
SENATOR MILLER moved CSHB 408(FIN) be passed out of committee with             
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
Number 400                                                                     
                                                                               
       CSHB 464(STA) - NURSING CARE AT STATE VETERANS' HOME                    
                                                                               
CHAIRMAN GREEN introduced CSHB 464(STA) as the next order of                   
business.                                                                      
                                                                               
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 464, explained             
the legislation provides only one change in the current law which              
will add in nursing home care with related medical services as an              
option for state veterans' home facilities.  Currently, the only               
federal money that is available for any veterans' home would                   
require that they include nursing home care with related medical               
services.                                                                      
                                                                               
Representative James pointed out that there is no fiscal note with             
the legislation because all it does is authorize a feasibility                 
study to see whether or not it is a good idea to try to put in a               
nursing home care with related medical facilities for a veterans'              
home in Alaska.  Veterans' organizations have been working to raise            
funds to do that study, and if it was determined that such a                   
facility would be a good idea, they could then come back to the                
Legislature and request funding to construct a facility.  Sixty-               
five percent of the cost of building such a home would be funded by            
the Federal Government.                                                        
                                                                               
GERALD DORSHER, representing the Veterans of Foreign Wars and                  
testifying in support of HB 464, said a nursing home facility for              
veterans is truly needed in Alaska.  He related that because of the            
lack of facilities in this state, the local veterans' organization             
recently paid transportation costs for a long-time resident of                 
Juneau who had been accepted into a Washington state veterans'                 
home.  Mr. Dorsher pointed out that there are 42 states that                   
currently have veterans' homes and that number will increase to 47             
states in the next two years.                                                  
                                                                               
CHAIRMAN GREEN noted that there is a great deal of interest in the             
Mat-Su area for a veterans' home.                                              
                                                                               
JIM KOHN, Director, Division of Alaska Longevity Programs, said the            
reason the Department of Administration is in favor of the                     
legislation is because they believe it gives a full range of                   
choices to look at from domiciliary care through skilled nursing               
care, although he cautioned that the result of the study may not be            
the building of a veterans' home in the state.  He stated the                  
department fully supports the legislation.                                     
                                                                               
CHARLES MCLEOD, JR., Special Assistant, Department of Military and             
Veterans Affairs, testifying in support of HB 464, said it would               
allow the state to take advantage of funding from the federal                  
Department of Veterans' Affairs.  He said money has been set aside             
for the study and they will proceed with the study as soon as they             
receive the funds.  He urged passage of the bill out of committee.             
                                                                               
There being no further testimony on HB 464, CHAIRMAN GREEN stated              
she would accept a motion to move the bill out of committee.                   
                                                                               
Number 480                                                                     
                                                                               
SENATOR MACKIE moved CSHB 464(STA) and the accompanying zero fiscal            
note be passed out of committee with individual recommendations.               
Hearing no objection, it was so ordered.                                       
                                                                               
           CSHB 264(FIN) - NEGOTIATED REGULATION MAKING                        
                                                                               
CHAIRMAN GREEN brought CSHB 264(STA) before the committee.                     
                                                                               
Number 485                                                                     
                                                                               
REPRESENTATIVE JEANNETTE JAMES, prime sponsor of HB 264, read the              
following sponsor statement into the record:                                   
                                                                               
"House Bill 264 enables and encourages negotiated regulation/rule              
making.  Currently negotiated regulation making is in use by the               
Federal Government, Montana and Nebraska and several other states.             
                                                                               
"The citizens of Alaska are clamoring for the Legislature to do                
something about the regulation process; negotiated regulation                  
making addresses the issue on point.                                           
                                                                               
"Negotiated regulation making is used only in cases involving very             
complex or controversial regulations.                                          
                                                                               
"Negotiated regulation is a voluntary process for drafting                     
regulations that brings together those parties who would be                    
significantly impacted by a regulation (rule), including the                   
Government, to reach consensus on some or all of its aspects before            
the rule is formally published as a proposal.  An impartial                    
mediator is used to facilitate intensive discussions among the                 
participants, who operate as a committee open to the public.                   
                                                                               
"Regulations drafted using this process tend to be more technically            
accurate, clear and specific, and less likely to be challenged in              
litigation than are rules drafted by the agency alone without input            
from outside parties.  The Administrative Procedures Act notices               
process is unchanged.                                                          
                                                                               
"The negotiated regulation making process costs more money at the              
front end than the traditional approach (e.g. the added cost for a             
facilitator).  In addition, agency personnel must work closely as              
a team with outside party representatives and their time must be               
dedicated to the project if it is to succeed.  The advantages                  
clearly outweigh these considerations, however.  Because                       
representatives of all the interested parties draft the regulation,            
the formal process of public notice and comments is generally very             
smooth and very few comments and concerns are raised in that                   
process.  More importantly, lengthy regulation litigation is                   
hopefully generally eliminated and compliance with the rule is                 
believed to be much higher.  Thus, agency long-term costs of                   
litigating rules and enforcing standards are sharply reduced.                  
                                                                               
"There is no fiscal impact for this piece of legislation and the               
reason for that is that it is purely voluntary.  It is assumed the             
agencies will choose this form whenever it appears that it is going            
to be beneficial to them."                                                     
                                                                               
REPRESENTATIVE JAMES noted there was a draft State Affairs SCS for             
the committee's consideration which addresses concerns expressed by            
the Alaska State Chamber of Commerce.                                          
                                                                               
Number 520                                                                     
                                                                               
SENATOR MACKIE moved the adoption of SCS CSHB 264(STA), version                
"R."  Hearing no objection, the motion carried.                                
                                                                               
Number 547                                                                     
                                                                               
CHAIRMAN GREEN commented that she thinks the aim of the legislation            
is good, but she is concerned that if the selection of the                     
membership is done by the agency head and then they are given the              
information from the agency head it could be biased even though                
there are volunteers sitting in on it.  She is also concerned that             
this will present a delay  rather than efficiency or timeliness in             
the process.                                                                   
                                                                               
TAPE 98-20, SIDE B                                                             
Number 585                                                                     
                                                                               
DOUGLAS MERTZ, representing the Prince William Sound Regional                  
Citizens Advisory Council, said the original legislation would have            
allowed a commissioner or agency head to create a totally biased               
committee, one which was front loaded to that commissioner's own               
special interest so that the entire regulation writing process                 
could be biased throughout its length.  He added that the current              
version of the bill is much better than the original version, but              
the council still has concerns with the legislation.   This version            
still allows the members of  the regulation writing committee to               
refuse to hear testimony or refuse to consider written material                
from other public interests who are not on the committee.  It gives            
them immunity from the Executive Branch Ethics Act and it makes the            
appointment and creation of this immune from judicial review.                  
                                                                               
Mr. Mertz said if the committee passes out this legislation, the               
council urges to do it without any backsliding toward the original             
version, and to do it with a clearly stated intent that the new                
process is to be used without any kind of biasing on the front end             
or favoring of a particular interest by a commissioner.                        
                                                                               
Number 559                                                                     
                                                                               
CHAIRMAN GREEN commented that she shares some of Mr. Mertz's                   
concerns, but she wasn't sure that this legislation was making  the            
process any worse.                                                             
                                                                               
MR. MERTZ said the only ways in which this a step backwards  to                
what exists now is that the appointment of this committee is immune            
from judicial review and that the state employees who are part of              
it would be exempt from the Executive Branch Ethics Act.                       
                                                                               
Number 535                                                                     
                                                                               
SENATOR MACKIE inquired if the Administration supports the                     
legislation.                                                                   
                                                                               
DEBORAH BEHR, Assistant Attorney General, Department of Law, said              
throughout the legislative process she has worked closely with the             
sponsor and the staff, and this draft is totally workable for the              
Administration.  She emphasized that it is a voluntary process to              
be used in appropriate cases.                                                  
                                                                               
Number 525                                                                     
                                                                               
PAM LABOLLE, President, Alaska State Chamber of Commerce, stated               
their concerns that this be decided at the commissioner level, that            
a time limit be established, the grants and gifts language be                  
deleted, as well as continuity of membership on the committee  have            
all been addressed in the State Affairs SCS.                                   
                                                                               
There being no further testimony on HB 264, CHAIRMAN GREEN stated              
she would entertain a motion to move the legislation out of                    
committee.                                                                     
                                                                               
Number 515                                                                     
                                                                               
SENATOR MACKIE moved SCS CSHB 264(STA) and the accompanying zero               
fiscal note be passed out of committee with individual                         
recommendations.  Hearing no objection, it was so ordered.                     
                                                                               
Number 500                                                                     
                                                                               
        HJR 57 am - AMEND US CONSTIT. TO LIMIT FED. COURTS                     
                                                                               
CHAIRMAN GREEN brought HJR 57 am back before the committee and                 
requested a motion to adopt the proposed amendment and to move the             
resolution out of committee.                                                   
                                                                               
SENATOR WARD moved adoption of the following amendment to HJR 57               
am:                                                                            
                                                                               
Amendment No. 1                                                                
                                                                               
Page 2, line 5:  After "that" insert "this amendment constitutes a             
continuing application in accordance with article V of the                     
Constitution of the United States, and that"                                   
                                                                               
Hearing no objection, the amendment was adopted to be incorporated             
into a State Affairs SCS.                                                      
                                                                               
SENATOR WARD moved SCS HJR 57(STA) be passed out of committee with             
individual recommendations.  Hearing no objection, it was so                   
ordered.                                                                       
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 4:36 p.m.                                                 

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