Legislature(1999 - 2000)

02/21/2000 09:37 AM House 101

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SB 101-DISASTERS: DEFINITION & FUND                                                                         
                                                                                                                                
CO-CHAIR DRUE  PEARCE called the 3rd Conference Committee  on SB 101                                                            
to order at 9:37 a.m.   Co-Chairs Pearce and Porter, Representatives                                                            
Berkowitz   and    Mulder   and   Senator   Elton   were    present.                                                            
Representative Kapsner was also in attendance.                                                                                  
                                                                                                                                
CO-CHAIR  PEARCE  informed  committee  members  that a  work  draft,                                                            
Version   C,  dated   1/14/00,   was   before  the   committee   for                                                            
consideration.                                                                                                                  
                                                                                                                                
CO-CHAIR PORTER moved to  adopt Version C as the working document of                                                            
the committee.   There being no objection, Version  C was adopted as                                                            
the proposed CCSSB 101 (3d CC).                                                                                                 
                                                                                                                                
CO-CHAIR PEARCE  asked Mary Gore to explain the changes  made in the                                                            
proposed CCSSB 101 (3d CC) to committee members.                                                                                
                                                                                                                                
MARY GORE, legislative  aide to Senator Mike Miller,  explained that                                                            
Section 4(b) on page 3  of CCS SB 101(2d CC) was longer and required                                                            
the legislature  to  come back into  session anytime  a disaster  is                                                            
declared.   At the  request of House  committee  members on  the 2nd                                                            
conference  committee,  Section 4(b)  was deleted  in its  entirety.                                                            
Some  of the  language  from  Section 4(b)  has  been  added to  the                                                            
proposed CCS SB 101(3d  CC).  That language follows existing statute                                                            
and allows the Speaker  of the House and the President of the Senate                                                            
to notify the  Governor that they do not consider  a special session                                                            
necessary when  a disaster is declared.  That language  will prevent                                                            
the legislature  from having to convene  in a special session  every                                                            
time a disaster is declared.                                                                                                    
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  noted that  Section  4(b) of  one of  the                                                            
previous versions of SB  101 required the presiding officers to poll                                                            
legislators  about whether to convene  a special session.   He asked                                                            
what the previous discussion was about that provision.                                                                          
                                                                                                                                
MS. GORE thought the issue  was one of timing.  She pointed out that                                                            
language was originally  passed on the Senate side  but it is one of                                                            
the reasons  the first  conference  committee report  failed on  the                                                            
House floor.                                                                                                                    
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said that one problem with the language in                                                            
the  Z  version  was   that  the  poll  also  required  substantive                                                             
discussion  about the merits of a  financing plan.  He indicated  he                                                            
favors  the idea  of polling  the members  about  whether a  special                                                            
session should occur.                                                                                                           
                                                                                                                                
Number 319                                                                                                                      
                                                                                                                                
CO-CHAIR  PORTER said the  version in front  of the committee,  sans                                                            
the section  that was not  omitted due to  an oversight, passed  the                                                            
House 40  to 0.   He thought the  new concerns  expressed about  the                                                            
bill to be strange.                                                                                                             
                                                                                                                                
SENATOR  ELTON  said  he  understands   it  is  important  that  the                                                            
conference  committee address  a discrete  part of  the bill  but he                                                            
does  not  want  the  conference  committee  to  operate  under  the                                                            
illusion that he considers this version to be a complete fix.                                                                   
                                                                                                                                
CO-CHAIR PEARCE asked Senator Elton to explain his comment.                                                                     
                                                                                                                                
SENATOR ELTON  said he does  not believe this  version is a  fix for                                                            
how a disaster is defined.                                                                                                      
                                                                                                                                
Number 415                                                                                                                      
                                                                                                                                
CO-CHAIR PEARCE clarified  that the question posed by Representative                                                            
Berkowitz is whether or  not the requirement that presiding officers                                                            
have  to poll their  members  should be  put in  statute. Version  C                                                            
requires  the  presiding  officers  to agree  on  whether  or not  a                                                            
special  session  is necessary  and  so advise  the  governor.   She                                                            
stated  she  assumes  that  inherent  in  that  requirement  is  the                                                            
responsibility  of the presiding officers  to ask their members  for                                                            
their opinions and she suspects that always takes place.                                                                        
                                                                                                                                
REPRESENTATIVE BERKOWITZ agreed.                                                                                                
                                                                                                                                
REPRESENTATIVE   MULDER  said  from  a  practical  standpoint,   the                                                            
presiding officers  will poll as many  members as they can  contact.                                                            
He pointed out that during  the interim it will be difficult to find                                                            
all  40  members  within  five  days  therefore  establishing   that                                                            
requirement  in statute  could be  very problematic.   He stated  he                                                            
agrees with that  concept but he favors simplifying  the requirement                                                            
and supports Version C.                                                                                                         
                                                                                                                                
CO-CHAIR  PORTER noted  the section  that was  deleted required  the                                                            
poll  to be  done in  writing and  the response  to  be received  in                                                            
writing.   He maintained  the disaster would  be ancient history  by                                                            
the time the poll was complete.                                                                                                 
                                                                                                                                
REPRESENTATIVE  BERKOWITZ clarified  that the poll could  be done by                                                            
telephone, fax, or e-mail.                                                                                                      
                                                                                                                                
Number 591                                                                                                                      
                                                                                                                                
SENATOR ELTON said he does  not think any Senator had a problem with                                                            
that provision when it  came to the Senate floor and does not recall                                                            
any  discussion  about  it.    He said  that  nothing  in  the  bill                                                            
prohibits any  member of the legislature  from giving an  opinion on                                                            
the declaration to the presiding officer.                                                                                       
                                                                                                                                
CO-CHAIR  PEARCE agreed  and said  that it has  been her  experience                                                            
that  the presiding  officers,  when presented  with  an issue  that                                                            
deals with an appropriation,  talk to the Finance chairpersons first                                                            
and/or  to the sponsor  of the  legislation before  any decision  is                                                            
made.   She  does  not  feel it  is  necessary  to put  the  polling                                                            
requirement  in statute because  she thinks  a poll will take  place                                                            
anyway.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  suggested that  the conference  committee                                                            
acknowledge  that the  intent is  that the presiding  officers  will                                                            
make an effort to communicate with the membership.                                                                              
                                                                                                                                
CO-CHAIR  PEARCE  thought  that would  be  fair  and said  that  any                                                            
presiding officer  who does not do that does so at  great risk.  She                                                            
acknowledged the arrival  of Senator Pete Kelly and explained to him                                                            
that the committee  adopted Version C and was discussing  whether it                                                            
should adopt a  statutory provision to be inserted  on page 3, lines                                                            
10-12,  that would  require  the presiding  officers  to poll  their                                                            
members.  She  said the committee has decided that  inherent in this                                                            
language is  an expectation that the  presiding officers  will check                                                            
with  their  members to  see  whether  the members  feel  a  special                                                            
session is necessary and that is the committee's intent.                                                                        
                                                                                                                                
There being no  further discussion, REPRESENTATIVE  MULDER moved the                                                            
conference committee  report for CCSSB 101(3d CC)  to the respective                                                            
bodies for approval.  There  being no objection, the motion carried.                                                            

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