04/26/2002 10:47 AM Senate RLS

CHAIRMAN  PHILLIPS informed  members that  SB 238-PUBLIC  RECORDS:                                                          
STATE SECURITY  & SAFETY  was requested by  the Governor.  It will                                                          
require  a title  change so  Ms.  Bannister and  Ms. Carroll  were                                                              
present to explain a proposed amendment to do so.                                                                               
                                                                                                                                
SENATOR HALFORD  moved to adopt  the suggested title  amendment to                                                              
SB 238.                                                                                                                         
                                                                                                                                
MS. TERRY  BANNISTER, legal  counsel, Legislative Affairs  Agency,                                                              
told members the current title of  the bill could be misleading as                                                              
it only  describes some of the  documents that would  be exempted.                                                              
She is concerned that it might appear  the exemption is limited to                                                              
those  documents named  in the  title  so the  amendment adds  the                                                              
remaining documents  that should exempted.  In an effort to  be as                                                              
accurate as possible,  she also asked to change  the word "safety"                                                              
use throughout the bill to "security."                                                                                          
                                                                                                                                
CHAIRMAN  PHILLIPS  asked  if  the   Department  of  Military  and                                                              
Veterans  Affairs (DMVA)  has  taken a  position  on the  proposed                                                              
amendment.                                                                                                                      
                                                                                                                                
MS. CAROL  CARROLL, Department of  Military and Veterans  Affairs,                                                              
told  members  that  the  first  part  deletes  the  reference  to                                                              
"systems  facilities  and infrastructure"  and  places  it in  the                                                              
exemption. She said DMVA has no objection to that change.                                                                       
                                                                                                                                
CHAIRMAN  PHILLIPS  asked  if  there  was  further  discussion  or                                                              
objection to the amendment.                                                                                                     
                                                                                                                                
SENATOR THERRIAULT  informed members  that Ms. Carroll  asked that                                                              
the committee drop one section of  the bill. He questioned whether                                                              
the new title will still apply it that section is dropped.                                                                      
                                                                                                                                
MS. BANNISTER said, "We would have  to interpose - we could adjust                                                              
that when  you send  us the bill  if you  do something.  That will                                                              
remove that  whole exempting  part and we  would have to  take out                                                              
the page  1, lines 1-2,  the reference  to 'and procedures  and to                                                              
systems facilities  and infrastructure  in the state.'"  She asked                                                              
to have  the opportunity  to look it  over if the committee  makes                                                              
that change.                                                                                                                    
                                                                                                                                
SENATOR HALFORD  withdrew his motion  to adopt the  proposed title                                                              
amendment.                                                                                                                      
                                                                                                                                
MS.  CAROL  CARROLL said  she  is  requesting  that Section  2  be                                                              
deleted because  some people are  uncomfortable with it.  The need                                                              
for Section 2 is  not immediate, while the need for  Section 1 is.                                                              
DMV proposes  to work  more extensively and  bring the  content of                                                              
Section 2 before the legislature  next year when all concerns have                                                              
been addressed.  She pointed  out that Section  1 pertains  to the                                                              
public  records  exemption  and  would  allow the  state,  if  the                                                              
document  contained security  plans, to  determine if its  release                                                              
could be harmful to the public or circumvent the law in any way.                                                                
                                                                                                                                
SENATOR THERRIAULT moved  to delete Section 2 and  amend the title                                                              
accordingly.                                                                                                                    
                                                                                                                                
CHAIRMAN PHILLIPS asked Ms. Carroll  if by "some people" she meant                                                              
legislators.                                                                                                                    
                                                                                                                                
MS. CARROLL  said the other  body has  deleted Section 2  from the                                                              
bill and  that several questions  were raised  about it in  one of                                                              
the committee hearings.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT repeated the motion.                                                                                         
                                                                                                                                
MS. BANNISTER asked that the motion  allow her to adjust the title                                                              
as needed.                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  stated that he would expect  the legal drafter                                                              
to  make  whatever  additional  title  changes  are  necessary  to                                                              
clarify the content of the bill.                                                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.                                                                                                                        
                                                                                                                                
SENATOR HALFORD moved to calendar CSSB 238(RLS).                                                                                
                                                                                                                                
CHAIRMAN  PHILLIPS announced  that with  no objection, the  motion                                                              
carried.