05/05/1995 03:35 PM Senate RES

     CSHB 207(FIN) am ADJUSTMENTS TO OIL AND GAS ROYALTIES                    
  Number 040                                                                  
                                                                               
 SENATOR LEMAN brought CSHB 207(FIN) am before the committee as the            
 next order of business.   He noted that at the May 3 meeting on the           
 legislation a Resources SCS and amendments to it were adopted, and            
 that Commissioner Shively of the Department of Natural Resources              
 indicated that the bill that resulted is one that he can accept.              
                                                                               
 SENATOR LINCOLN offered the following amendment to SCS CSHB
(RES):                                                                     
                                                                               
 Page 5, line 1:  After "application" delete "if the preliminary              
 findings and determination concerns a royalty increase, decrease,             
 or other adjustment under (1)(A) of this subsection, the                      
 preliminary findings and determination shall also be presented to             
 the governor for the governor's approval or disapproval; the                  
 governor may not delegate a determination to approve or disapprove            
 a preliminary findings and determination under this subparagraph;"           
                                                                               
 Page 7, line 22 after "determination" delete "and present it to the          
 governor for the governor's approval or disapproval; the governor             
 may not delegate a decision to approve or disapprove a final                  
 findings and decision  presented under this subparagraph; the                 
 commissioner's final findings and determination regarding a royalty           
 increase, decrease, or other adjustment prepared under this                   
 subparagraph, if approved by the governor, is,"                              
                                                                               
 Senator Lincoln said her amendment deletes the language that                  
 requires the approval or disapproval of the governor on a findings            
 and determination because she doesn't believe that the governor has           
 to micro-manage whether the findings are appropriate or not.  It              
 would leave the discretion of approving or disapproving up to the             
 commissioner who is appointed by the governor in the first place.             
                                                                               
 Senator Lincoln moved the adoption of her amendment to SCS CSHB
(RES).  Objections were heard.  The roll was taken with the                
 following result:  Senators Hoffman and Lincoln voted "Yea" and               
 Senators Pearce, Halford, Frank and Leman voted "Nay."  Senator               
 Leman stated the motion failed.                                               
                                                                               
 SENATOR HALFORD moved that SCS CSHB 207(RES) be passed out of                 
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.