SENATE RULES COMMITTEE                                                                                          
                    March 16, 1999                                                                                              
                      11:51 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 5(JUD)                                                                            
"An Act relating to the crime of misprision of felony."                                                                         
                                                                                                                                
     -MOVED ALL VERSIONS OF SB 5 OUT OF COMMITTEE                                                                               
                                                                                                                                
SENATE JOINT RESOLUTION NO. 8                                                                                                   
Relating to the 2000 decennial United States census and to the                                                                  
development of redistricting data for use by the state in                                                                       
legislative redistricting.                                                                                                      
                                                                                                                                
     -MOVED SJR 8 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 5 - See Judiciary Committee minutes dated 2/3/99, 2/24/99 and                                                                
       3/3/99 and Finance Committee minutes dated 3/16/99.                                                                      
                                                                                                                                
SJR 8 - See State Affairs minutes dated 3/9/99.                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-3, SIDE A                                                                                                               
                                                                                                                                
CHAIRMAN KELLY called the Senate Rules Committee meeting to order                                                               
at 11:51 p.m.                                                                                                                   
                                                                                                                                
                                                                                                                                
SENATOR LEMAN moved to calendar all versions of SENATE BILL NO.                                                                 
5(JUD) "An Act relating to the crime of misprision of felony."                                                                  
                                                                                                                                
SENATOR ELLIS objected and asked whether any changes were                                                                       
incorporated into the bill after it passed out of the Senate                                                                    
Judiciary Committee.                                                                                                            
                                                                                                                                
SENATOR PEARCE confirmed that no changes were made to the Senate                                                                
Judiciary Committee version in the Senate Finance Committee.  She                                                               
clarified that the Senate Judiciary Committee version allows for an                                                             
affirmative defense if the defendant does not report for fear of                                                                
substantial risk or physical injury, and the classification of the                                                              
crime of misprision of felony was lowered to a class A misdemeanor.                                                             
She noted the bill contains no fix for the "catch-22" concern that                                                              
a person has the right to not incriminate him/herself, however all                                                              
other concerns, including those of Anne Carpeneti, were addressed.                                                              
                                                                                                                                
SENATOR ELLIS maintained his objection.  The motion to calendar all                                                             
versions of SB 5 carried with Senators Miller, Pearce, Leman, and                                                               
Kelly voting "yea," and Senator Ellis voting "nay."                                                                             
                                                                                                                                
                                                                                                                                
SENATOR LEMAN moved to report SJR 8 from the Rules Committee for                                                                
calendaring.  SENATOR ELLIS objected.  The motion carried with                                                                  
Senators Leman, Miller, Pearce and Kelly voting "yea," and Senator                                                              
Ellis voting "nay."                                                                                                             
                                                                                                                                
CHAIRMAN KELLY announced SB 46 would not be on today's calendar as                                                              
a committee substitute was forthcoming.  SENATOR PEARCE questioned                                                              
whether the gallery, named after Terry Miller, could at some time                                                               
be renamed since a legislative building will be named after him.                                                                
SENATOR KELLY said he imagined that would be in order if SB 46 is                                                               
enacted.                                                                                                                        
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIRMAN KELLY adjourned the meeting at 11:55 a.m.