Legislature(1997 - 1998)
03/09/1998 01:35 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SCR 25 - APPEAL OF MARRIAGE DECISION SENATOR LEMAN said his opening comments on SJR 42 also apply to this bill and he had no further comment. He did recommend an amendment to the committee. CHAIRMAN TAYLOR asked if the appeal has yet been filed. SENATOR LEMAN said he understood it would be filed today. CHAIRMAN TAYLOR asked for testimony on SCR 25 and there was none. He did note that several opponents of SJR 42 indicated that the matter should be left up to the court, CHAIRMAN TAYLOR suggested they would support this resolution. SENATOR MILLER moved amendment #1 and SENATOR ELLIS objected for the purpose of an explanation. SENATOR MILLER replied it looked self-explanatory. CHAIRMAN TAYLOR asked about the phrase "bearing in mind that this is a court authorized by the people." SENATOR ELLIS commented it is apparently not all that self-explanatory. SENATOR LEMAN said he believed that the Supreme Court must be contemplative in deciding this. Number 120 MR. MIKE PAULEY, staff to SENATOR LEMAN, said the amendment is technically inaccurate as there is not yet an appeal in progress, he said the revised language is more appropriate. He said the phrase "bearing in mind it is a court authorized by the people" simply speaks to the issue that it is a discretionary matter and the court does not have to take it up, but given the great social and legal ramifications, the public has an interest in the court granting review, which they do not have to do. SENATOR PARNELL suggested removing that phrase, as the court is well aware of that fact and to be expressly reminded of it might generate some negative connotations and detract from their goal. SENATOR PARNELL moved this as an amendment to the amendment: the deletion of the phrase "bearing in mind it is a court authorized by the people." Without objection, it was so ordered. CHAIRMAN TAYLOR said that brought back the original motion, the passage of Amendment #1 as amended. SENATOR ELLIS maintained his objection, roll was called and the amendment (#1) was adopted. SENATOR MILLER moved SCR 25 out of committee out of committee with individual recommendations. SENATOR ELLIS objected, roll was called and SCR 25 moved out of committee with individual recommendation.
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