03/11/1994 09:05 AM Senate STA

 CHAIRMAN LEMAN brings up SB 248 (ASSIST & PROTECT VULNERABLE ADULT)           
 as the next order of business before the committee.  The chairman             
 calls Commissioner Usera to testify.                                          
                                                                               
 Number 183                                                                    
                                                                               
 NANCY BEAR USERA, Commissioner, Department of Administration says             
 she will make a brief statement about both SB 248 and SB 250.  She            
 states SB 248 and SB 250 are two of a three bill package from the             
 governor affecting senior's programs.                                         
                                                                               
 SB 248 has no fiscal note in terms of new funds; however, it does             
 represent a transfer of funds from the Department of Health &                 
 Social Services to the Department of Administration.  It is part of           
 the effort to consolidate senior's programs into one department.              
 COMMISSIONER USERA says the administration is really anxious to see           
 these bills move through the legislative process.                             
                                                                               
 CHAIRMAN LEMAN asks if there is any committee discussion.                     
                                                                               
 Number 229                                                                    
                                                                               
 SENATOR TAYLOR says he has a question regarding page 4 of SB 248,             
 where it states gross negligence is the only standard upon which              
 compensatory damages may be awarded.  Senator Taylor thinks that is           
 out of line.  Why should there be a lesser standard in this                   
 circumstance than that which anyone else would have to meet?                  
                                                                               
 Number 242                                                                    
                                                                               
 COMMISSIONER USERA states that was an amendment that was made in              
 the Senate Health, Education & Social Services Committee by the               
 committee.                                                                    
                                                                               
 Number 253                                                                    
                                                                               
 SENATOR TAYLOR asks if the administration takes a position on this            
 language.                                                                     
                                                                               
 COMMISSIONER USERA says the administration found that language                
 acceptable based on the discussion at the time the amendment was              
 made.                                                                         
                                                                               
 SENATOR TAYLOR asks that an amendment to SB 248 be made on page 4.            
 Delete, on line 4, beginning with "A person may not..." through               
 "..personal injury." on line 12.                                              
                                                                               
 Number 268                                                                    
                                                                               
 SENATOR TAYLOR states he is suggesting that amendment because if              
 someone misuses their office or their position, they should be                
 liable.                                                                       
                                                                               
 Number 284                                                                    
                                                                               
 CHAIRMAN LEMAN states he opposes that amendment.  The chairman asks           
 if anyone in the public wishes to comment on the amendment.  The              
 chairman asks Commissioner Usera if the language Senator Taylor is            
 proposing to delete was in the original bill.                                 
                                                                               
 COMMISSIONER USERA replies that the language was not in the                   
 original bill, but was added by the Senate Health, Education &                
 Social Services Committee.                                                    
                                                                               
 CHAIRMAN LEMAN asks if the objection to the amendment is                      
 maintained.                                                                   
                                                                               
 CHAIRMAN LEMAN states he still objects to the amendment and asks              
 that the role be taken.                                                       
                                                                               
 The amendment is adopted, 3 yeas, 2 nays.  Voting in favor of the             
 amendment are Senators Taylor, Ellis, and Duncan.  Voting against             
 the amendment is Chairman Leman and Senator Miller.                           
                                                                               
 Number 304                                                                    
                                                                               
 SENATOR TAYLOR states that on page 11 there is a further immunity             
 provision, but he will not ask for deletion of that provision.                
 SENATOR LEMAN asks if there are any further amendments or                     
 discussion.                                                                   
                                                                               
 Number 310                                                                    
                                                                               
 SENATOR TAYLOR makes a motion to discharge SB 248 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 Number 311                                                                    
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders SB 248 released from             
 committee with individual recommendations.