SENATE JUDICIARY COMMITTEE May 5, 1998 3:20 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Mike Miller Senator Sean Parnell MEMBERS ABSENT Senator Drue Pearce, Vice Chairman Senator Johnny Ellis COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 406(FIN) am(efd fld) "An Act authorizing the Board of Fisheries and the Board of Game to identify fish and game that are taken for subsistence and to identify subsistence and nonsubsistence areas; relating to the establishment of preferences for and to regulation of subsistence fishing and hunting; relating to advisory committees." CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." CS FOR HOUSE BILL NO. 252(FIN) "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and providing for an effective date." SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366(title am) "An Act prohibiting a court from finding that a minor is a child in need of aid solely on the basis that the child's family is poor, lacks adequate housing, or lives a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives." CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. PREVIOUS SENATE COMMITTEE ACTION HB 406 - See Judiciary minutes dated 4/25/98, 5/1/98, 5/4/98. HB 189 - HESS minutes dated 1/16/98, 1/28/98, 1/30/98. HB 252 - No previous action to record. HB 366 - See Senate HESS minutes dated 5/1/98. HJR 44 - See Judiciary minuted dated 4/29/98. WITNESS REGISTER Ms. Harriet Miyasato Beleal 2205 Klamath Anchorage, AK 99517 POSITION STATEMENT: Testified in opposition to HB 406 Theo Matthews P.O. Box 389 Kenai, AK 99611 POSITION STATEMENT: Outlined suggested changes to HB 406 Lynn Levengood 931 Vide Way Fairbanks, AK 99712 POSITION STATEMENT: Outlined suggested changes to HB 406 Steve White, Assistant Attorney General Natural Resources Section Department of Law P.O. Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on HB 406 Representative John Cowdery State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 189 Ms. Anne Marie Holan 4201 Tudor Centre, #105 Anchorage, AK 99508 POSITION STATEMENT: Testified in support of HB 189 Ms. Delisa Culpepper P.O. Box 196650 Anchorage, AK 99519 POSITION STATEMENT: Testified in support of HB 189 Ms. Joyanne Bloom Juneau Tobacco Prevention Network 883 Basin Road Juneau, AK 99801 POSITION STATEMENT: Testified in support of HB 189 Ms. Anne Carpeneti, Assistant Attorney General Criminal Division Department of Law P.O. Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Offered information on HB 189 Representative Joe Ryan State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 252 Captain Ted Bachman Division of Alaska State Troopers Department of Public Safety 5700 E. Tudor Road Anchorage, AK 005-7 POSITION STATEMENT: Voiced department's support for HB 252 Ms. Jayne Andreen, Executive Director Council on Domestic Violence & Sexual Assault Department of Public Safety P.O. Box 111200 Juneau, AK 99811-1200 POSITION STATEMENT: Testified in support of HB 252 Representative Fred Dyson State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 366 Ms. Lisa Torkelson, Staff to Representative Dyson State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offerd information on HB 366 Ralph Bennett, Committee Aide to Senate Judiciary Committee State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Outlined changes in SCS CSHJR 44(JUD) ACTION NARRATIVE TAPE 98-51, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 3:20 p.m. CSHB 406(FIN) am(efd fld) - SUBSISTENCE USES OF FISH AND GAME CHAIRMAN TAYLOR brought HB 406 before the committee and stated testimony would be taken from individuals who were not able to testify at the previous hearing on the legislation. HARRIET MIYASATO BELEAL, a 28-year resident of Anchorage, said she is originally from Wrangell and is a Raven of her clan tribe, Dog Salmon Frog. Her grandfather, Chester Worthington, worked on the Native land claims, as well as organizing the Alaska Native Brotherhood in the early 1920s. Ms. Beleal is also a member of the Anchorage Tlingit/Haida Tribes of Alaska, and she noted that group recently passed a resolution in opposition to HB 406 because they believe the bill should comply with ANILCA. Ms. Beleal is opposed to HB 406 because she does not believe it is in the best interest of the Alaska Native people. She suggested that in identifying rural in a constitutional amendment, it should include the language "the Alaska Native people and their descendants" as well as including the other rural residents who have subsisted or have had a dependency use on the subsistence food. She stressed the need to protect the Native peoples' rights to their traditional foods. Ms. Beleal pointed out that at a Board of Fisheries hearing statistics gathered showed that Alaska Natives were using only two to five percent of the subsistence foods. She said it isn't the Alaska Natives using up the resources, it is the commercial use that has damaged and depleted the stocks. She said the constitution should reflect that the Alaska Native people have the priority and the preference to the Native foods. Ms. Beleal also suggested there needs to be more Native people sitting on the fish and game boards. SENATOR TAYLOR pointed out that under the federal law he qualifies for subsistence in Wrangell; however, Ms. Beleal was born and raised in Wrangell, but because she currently lives in Anchorage, she does not qualify. MS. BELEAL said that part of ANILCA should be changed also because no matter where she goes she is still from Wrangell and an Alaska Native. The laws need to be changed so that they are not taking away their inherent rights that they have as Alaska Native people. Number 255 CHAIRMAN TAYLOR thanked Ms. Beleal for her testimony, and then stated the committee would take testimony on HB 406 over the teleconference network. THEO MATTHEWS, president of the United Fishermen of Alaska (UFA) and chairman of its subsistence committee, testified from the Kenai LIO. He is also a past member of Governor Hickel's Subsistence Advisory Council, which essentially became the current state statute on subsistence and which HB 406 proposes to replace. Mr. Matthews stressed the importance the UFA has always placed on the need for amendments in ANILCA; technical amendments that clarify the extent of the priority, amendments that essentially bring it into line wit the state law. He said the state has developed its own parallel subsistence priority that is the same in all major respects except for the issue of who qualifies, and it is an important goal, independent of the issue of who receives priority, to make sure that the state's law with its better state definitions is inserted as much as possible in the federal law. Mr. Matthews pointed out that the amendment that is proposed for the constitution is permissive. It would allow the Legislature, as trustee, to adopt a priority based on location; it does not demand it. He also pointed out that UFA has considered the Legislative Council's lawsuit and has voted not to oppose it. They think closure on the issue in terms of a Supreme Court decision would be very good for everyone, but on the other hand, they don't feel that the state can afford to let the existence of the lawsuit prevent action prior to December 1. Mr. Matthews outlined the following suggested changes to HB 406: (1) Page 2, line 31: Change "subsistence uses by residents" to "subsistence uses by qualified subsistence users" to make it consistent with the rest of the bill; (2) Page 7, line 13: The term "reasonable opportunity" is defined in state law, but there is no case law on its definition; (3) Page 7, line 17: UFA believes it is bad policy to attempt to define the term "sustained yield" because it could be used in court to overturn board decisions and department decision. UFA believes the definition is not needed; (4) Page 8, subsection (b): UFA has no problem with the issue of creating regional advisory councils as required in ANILCA, but they think their recommendations should be limited to subsistence issues; (5) Page 8, line 30: In the past, the definition of "customary and traditional" hasn't worked well, and it is an issue that is technical and legal but needs to be addressed at some point; and (6) Page 9: In the definitions it is proposed to delete the language "by a resident domiciled in a rural area of the state" and UFA suggests replacing it with "by a qualified subsistence user" to make it consistent with the rest of the bill. In his closing comments, Mr. Matthews said one of the things UFA has asked the federal government to do with ANILCA amendments is to put the meaning of definitions of important terms in ANILCA, terms such as "rural", "customary and traditional", "customary trade" and "reasonable opportunity". UFA has always supported the fact that the federal government should adopt the definitions of this state that have been developed by the Legislature. Number 406 CHAIRMAN TAYLOR asked Mr. Matthews if UFA would support ANILCA without the UFA's suggested amendments being made in ANILCA. MR. MATTHEWS responded that their past position is that they would not support a constitutional amendment unless the ANILCA definitions could be secured, and for the first time, there is the opportunity to combine the two. Number 440 CHAIRMAN TAYLOR noted that Senator Murkowski has given assurances that if the Legislature would send back a bill to him with recommended changes in it, he would hold hearings in the Senate Resources Committee as soon as possible on those recommended changes as additional amendments to ANILCA. MR. MATTHEWS clarified that the issues UFA has raised have been dealt with in Senator Stevens' amendments, but UFA thinks they can be improved upon by better wording. However, he pointed out that he didn't think there would be a lot of empathy for a package that's not agreed to by the Interior Department, the Governor and the Legislature. Number 475 LYNN LEVENGOOD, a Fairbanks attorney and former member of the Fairbanks advisory committee of the fish and game boards, as well as an executive member of the Alaska Wildlife Conservation Association, said HB 406 is a start, but he thinks it needs some significant changes because the methodology being utilized will create a "zoning" where people exercise subsistence and a "zoning" where they cannot. It is an artificial political distinction that has no basis in fact and it is creating a legal fiction that he believes is unsustainable. Mr. Levengood suggested that if the Legislature were to define subsistence broadly as a basic right of all Alaskans, it could pass a piece of legislation which is consistent with ANILCA. He said if the word "subsistence" could be defined in a way that satisfies state needs and protects the group of people that the federal government wishes to protect, then he believes the Alaska law would be found by the courts to comply with ANILCA. Mr. Levengood suggested amending the legislation to include a provision requiring that any regulatory proposal be passed by a local advisory committee before being entertained by the state Board of Game or state Board of Fish. He said there are too many proposals put in for political reasons that bog down both of those boards, whereas requiring each proposal to be passed by a local advisory committee, which would have jurisdiction over the subject matter, would streamline the process and make it much more efficient and less time consuming. In conclusion, Mr. Levengood urged that the Legislature pass a joint resolution telling the local delegation and Congress that Alaska is united in resolve that the current promulgated draft regulations by the Department of Interior should be enjoined or stopped from being implemented until this issue is resolved either through the courts or through the legislative process. TAPE 98-51, SIDE B Number 577 STEVE WHITE, Assistant Attorney General, Department of Law, said at the conclusion of the committee's Friday, May 1 meeting, there was discussion about whether there were fundamental differences between the state if it assumes management of subsistence under federal court oversight implementing a federal law, or whether the federal government comes in December 1 and assumes management of subsistence. He then directed attention to a handout which gives a fairly factual description of the two committee system written by the Division of Subsistence in 1993. As a former commercial fisherman in the Copper River fishery, Mr. White pointed out that fishermen in that area are nervous in the sense that the unpredictability of the federal management scheme is frightening to them. The reason for this is that the commercial fishery is operated at the mouth of the river, with a personal use fishery upstream, as well as a subsistence fishery further upstream. In order for all of these fisheries to work, the state board has developed a fairly sophisticated management plan, and the question is whether the federal government has the inclination and the resources to do that kind of fine tuned management. Mr. White said another question is that if the state does come into compliance with ANILCA under various proposals, does it then lose any state management prerogatives over non-federal land. He noted that JoAnne Grace, an assistant attorney general in the Department of Law who has been litigating all the federal subsistence cases, said that if the state were compliance and there was an issue that arose about the priority on what was left of state lands and private lands, the state would have a good argument that the federal courts would have no jurisdiction. He said he didn't think the state coming into compliance thereby diminishes any ability for the state to continue to manage it resources as the state boards would see fit on non-public lands. Number 528 CHAIRMAN TAYLOR asked what happens, assuming that we were to pass the amendment and the state comes into compliance, when the Board of Fish or the Board of Game decides to come up with a regulation that is significantly different than the regulation that the federal subsistence boards have already promulgated. MR. WHITE replied that assuming it is a state Board of Fish or state Board of Game decision under the amendments, the federal courts will have to give some deference to their decisions. He said the amendment that talks about giving deference to a state board requires the federal court to give our state board the same deference that they would give the federal board. He added that in the past, the federal court has not given our board the same deference as it has to one of its own agencies. He pointed out that what is gained through these amendments is that there will be state boards comprised of Alaskans who have been reviewed by the Legislature, and they do have a greater degree of deference than they've had in the past. There being no further testimony on HB 406, CHAIRMAN TAYLOR stated the bill would be set aside. [Chairman Taylor had to leave the meeting for a short period of time and he turned the gavel over to Senator Parnell so that the committee could continue taking testimony on other legislation until his return.] Number 471 CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES The next item on the committee agenda was CSSSHB 189(JUD) am. REPRESENTATIVE JOHN COWDERY, prime sponsor of HB 189, read the following sponsor statement into the record: "The purpose of HB 189 is to restrict access by minors to tobacco products. Restricted access is accomplished by banning self- service displays in retail establishments. "However, the bill provides an exemption for retail stores that sell primarily tobacco products and restrict access to persons 19 years of age and older. This provision will allow "tobacco boutiques" who specialize in tobacco products and accourtrements, to the near exclusion of other merchandise, to have public access to the tobacco products. "Self-service displays are notoriously susceptible to shoplifting and impulse buying by minors. Their elimination has proven to be a popular means of removing access by minors to cigarettes. More than 180 cities throughout the U.S. have already implemented prohibitions on self service displays. Three months ago, the Municipality of Anchorage passed an ordinance modeled after HB 189. "Additionally, new language is added to the statute which requires that signs be posted near vending machines in employee break rooms where employees under the age of 19 may be present indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105. "Finally, another important provision in HB 189, is that it extends the offense of selling tobacco to a minor to persons who are minors. Under current law, it is unprosecutable if an 18 year-old sells to a minor. HB 189 closes that loophole." SENATOR PARNELL thanked Representative Cowdery for his presentation, and then stated testimony would be taken over the teleconference network. Number 434 ANNE MARIE HOLAN of Anchorage, testifying in support of HB 189, related that she manages the statewide tobacco control program at the Alaska Native Health Board. She said HB 189 has wide public support, and the banning of self-service displays in retail establishments is described by the National Institute of Medicine as an essential component of any state plan to reduce teen access to tobacco. She noted that a 1995 survey in Alaska found that almost 19 percent of seventh and eighth grade students who smoke said that stealing is their most common source of cigarettes. For those kids who do try to purchase tobacco, the ban on self-service tobacco displays means that the young customer has to ask the clerk for the product. Surveys show that when that happens, the clerk is much more likely to ask for I.D. She said almost all new users of tobacco are kids, and studies demonstrate that for many kids it is a gateway to other drug use. Ms. Holan urged the committee's support for HB 189. Number 398 DELISA CULPEPPER, testifying from Anchorage, informed the committee she is with the Municipality of Anchorage's health and human services department. She echoed Ms. Holan's comments and the need to continue to find new strategies to tighten the access of youth to tobacco products. This strategy was implemented in Anchorage two months ago and it went fairly smoothly. However, she suggested there be some kind of provision for educating of the public to let them know why this is being done. Number 383 JOYANNE BLOOM, Coordinator, Juneau Tobacco Prevention Network, said their volunteers work really hard to keep youth from becoming addicted to tobacco products. They believe there is not any one solution to this and they are trying to fight it from al different angles. Ms. Bloom pointed out that HB 189 also takes care of a loophole in the original law which provided that a person had to be 19 years and older to be in violation of selling to a minor. However, most important with the bill is getting the tobacco out of reach of children. Ms. Bloom noted that recently a local national chain store voluntarily put their tobacco products behind the counter, but then ended up putting them back out on the floor. She was told by the store manager that the national office said they needed to go back out on the floor because tobacco companies are paying big bucks to have them out on display. The store manager related that only a law is going to make them put the tobacco products back behind the counter. She urged the committee to pass this law to keep the tobacco products out of harm's reach of our children. Number 340 SENATOR MILLER directed attention to Section 5 and noted the word "criminally" was being deleted, and he questioned its overall effect because it looks like the standard has been lowered considerably for revocation of a license. ANNE CARPENETI, Criminal Division, Department of Law, acknowledged that it is bringing the standard down, and she thinks the reason the legislative drafters did this is because the violations only require negligence; they don't require criminal negligence for the culpable mental state. She noted the new section that is adopted in this bill doesn't even have a culpable mental state, which is acceptable as long as it is a violation and not a crime. She thinks the reason legislative drafters did this was to make it the same standard for prosecuting somebody for giving tobacco to a minor as it is for taking away a license based on a conviction of that act. SENATOR PARNELL asked Ms. Carpeneti if she thought it would do any damage to remove the word "negligent" on page 3, line 8. MS. CARPENETI suggested leaving it as is because that's the standard. REPRESENTATIVE COWDERY said he would not have a problem removing the word if it would make it a better bill. SENATOR PARNELL said his concern was that this actually might heighten the standard because typically for a violation you don't have to show the negligent mind set, you just have to show that the act occurred. SENATOR MILLER questioned what happens if the retailer, in good faith, sells tobacco to someone who comes in with fake identification. He said he supports what is trying to be done with this legislation, but at the same time, he want to try to protect the honest shopkeeper that is trying to follow the law. MS. CARPENETI pointed out that selling to somebody with a fake I.D. is covered under AS 11.76.100(a) which does require a proof of negligence to get a person convicted of the violation. Number 250 There being no further testimony on HB 189, SENATOR PARNELL stated the legislation would be set aside until a quorum was reestablished. CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION SENATOR PARNELL brought CSHB 252(FIN) before the committee as the next order of business. REPRESENTATIVE JOE RYAN, prime sponsor of HB 252, explained that legislation brings the state into compliance with federal law, It a two-tier system that is put in place for sex offenders that fail to register properly or fail to reregister. They would be guilty of a class A misdemeanor for a first offense, which would have a minimum sentence of 35 days in jail. A second offense would be a class C felony, which would be a presumptive sentence with a minimum of two years in jail. He said this legislation will give law enforcement and the prosecutors the teeth necessary in the law to get into compliance. Number 106 CAPTAIN TED BACHMAN, Division of Alaska State Troopers, Department of Public Safety, testifying from Anchorage, stated the department's support for the legislation and that he and Diane Shenker, also with the department, were available for questions from the committee. Number 082 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and Sexual Assault, Department of Public Safety, voiced the council's support for HB 252. A strong sex offender registration program and statutes for Alaska goes a long way to improve the protection for potential victims in the future. She expressed appreciation for the section relating to situations where a sex offender has failed to register and the duration of that time gets added on at the end of the 15 years that they are required to register. Due to the lack of a quorum, HB 252 was set aside for further action until later in the meeting. Number 030 SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY SENATOR PARNELL brought SSHB 366(title am) before the committee as the next order of business. LISA TORKELSON, staff to Representative Fred Dyson, said the legislation is basically a protective measure. She related a situation where a lady's sister turned her into the Division of Family and Youth Services (DFYS) for being a vegetarian and choosing that eating style for her children as well. It caused a lot of problems, including family problems, and it was very difficult for the lady to prove that her children were well fed even though they chose this lifestyle. HB 366 prohibits an agency from using the status of being poor, homeless, or lives a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives as the sole reason for removing a child from a home or for DFYS to come in and take custody of that child. TAPE 98-52, SIDE A Number 031 SENATOR PARNELL inquired if there has been a court case on this, and REPRESENTATIVE DYSON replied that he did not know of one, but the intent of the legislation is to strengthen the rights of parents and limit the role of DFYS to take children if they are not being abused and neglected. Number 060 SENATOR MILLER questioned if the lady was turned into DFYS solely because of being vegetarians. REPRESENTATIVE DYSON pointed out that the law requires DFYS to investigate whenever there is a report of harm, and a fair percentage of the reports they get are spite, particularly when it comes to custody cases. SENATOR MILLER said what he has found frustrating in his 16 years in the Legislature is that it seems like often DFYS spends a lot to manpower investigating the wrong cases and no manpower in investigating the cases that they should be investigating. He said it is unfortunate that there has to be legislation redirecting that focus. REPRESENTATIVE DYSON noted that he has been working with the states of Wisconsin, Minnesota and Kansas in how they are approaching this issue, and one of them is the quality and training of the people and in keeping them. The turnover rate in Alaska is tremendous and there isn't the kind of judgement, maturity and experience to make good judgements about these cases without continuity. SENATOR PARNELL asked if DFYS currently uses a standard that is called "generally accepted lifestyle standard" or was this new language. MS. TORKELSON responded that this was language drafted by the legislative drafter, and Susan Wibker of the Department of Law, who helped to write the child protection bill, spoke favorably for it. SENATOR PARNELL noted that Lynette Moreno Hinz, the president of the Anchorage Tribes of Tlingit and Haida Indians of Alaska, had signed up to testify, but she had to leave before being able to testify on the legislation. However, she indicated on the witness register that she was in opposition to the bill. There being no further testimony on SSHB 366(title am), SENATOR PARNELL stated the legislation would be set aside until a quorum was reestablished. [THE COMMITTEE TOOK A BRIEF AT-EASE TO AWAIT THE RETURN OF CHAIRMAN TAYLOR.] Number 160 CSHB 252(FIN) - CRIMINAL RECORDS & OFFENDER REGISTRATION CHAIRMAN TAYLOR called the meeting back to order and asked the pleasure of the committee on CSHB 252(FIN). SENATOR PARNELL moved CSHB 252(FIN be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 170 SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY CHAIRMAN TAYLOR asked for the pleasure of the committee on SSHB 366(title am). SENATOR PARNELL moved SSHB 366(title am) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 176 CSSSHB 189(JUD) am - RESTRICT TOBACCO SALES CHAIRMAN TAYLOR asked for the pleasure of the committee on CSSHB 189(JUD) am. SENATOR PARNELL moved CSSSHB 189(JUD) am be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 185 CSHJR 44(RLS) am - REAPPORTIONMENT BOARD & REDISTRICTING CHAIRMAN TAYLOR brought CSHJR 44(RLS)am before the committee as the next order of business and directed attention to a proposed SCS CSHJR 44(JUD), versions "U." RALPH BENNETT, committee aide to the Senate Judiciary Committee, explained that in Section 8 of the work draft, it changes the membership of the redistricting board to the Governor making two appointments to the board; the presiding officer of the Senate making one appointment; the presiding officer of the House of Representatives making one appointment; and the chief justice of the Supreme Court making one appointment for a total of five board members. SENATOR MILLER moved the adoption of SCS CSHJR 44(JUD), version "U." Hearing no objection, CHAIRMAN TAYLOR stated it was adopted, and he asked for the pleasure of the committee on the committee substitute. Number 205 SENATOR MILLER moved SCS CSHJR 44(JUD) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. CHAIRMAN TAYLOR informed the committee he would be making a motion on the Senate floor to waive CSHB 290(TRA) - LICENSE PLATES: RANCHES, FARMS, AND DAIRY; CSHB 405(FIN) - FLEEING OR EVADING A PEACE OFFICER; and SB 354 - WILLS, TRUSTS, & OTHER TRANSFERS from the Senate Judiciary Committee. There was no objection to waiving any of the bills from committee. There being no further business to come before the committee, the meeting adjourned at 5:35 p.m.