04/07/1998 11:30 AM Senate RLS

CHAIRMAN KELLY brought SB 347 - PROGRAM RECEIPTS before the                    
committee as the final order of business.                                      
                                                                               
SENATOR LEMAN moved and asked unanimous consent SB 347 be approved             
for calendaring at the discretion of the Chair.  SENATOR DUNCAN                
objected and voiced his concern that with this change an interim               
committee could have veto power over executive action, which he                
does not believe is constitutional.                                            
                                                                               
SENATOR SEAN PARNELL explained that the issue was discussed in the             
Senate Finance Committee, and there is no delegation of power in               
the legislation that is any different.  The statute currently                  
provides that if LB&A makes the decision to withhold federal                   
receipt authority, the administration can proceed after 45 days,               
regardless of what LB&A  did.  SB 347 simply says that if the                  
administration is going to take that action, they are to take it               
during the legislative session.                                                
                                                                               
CHAIRMAN KELLY stated there would be a roll call vote on the                   
calendaring motion on SB 347.  Senators Leman, Torgerson, Taylor               
and Kelly voted "Yea" and Senator Duncan voted "Nay."  CHAIRMAN                
KELLY stated the calendaring motion carried.