Legislature(1993 - 1994)

03/28/1994 04:10 PM Senate OTH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 CONFERENCE COMMITTEE ON SB 54                                 
                         March 28, 1994                                        
                           4:10 p.m.                                           
                                                                               
  MEMBERS   PRESENT                                                            
                                                                               
 Senator Robin Taylor, Senate Chair                                            
 Representative Brian Porter, House Chair                                      
 Senator Dave Donley                                                           
 Senator Loren Leman                                                           
 Representative  Jerry Mackie                                                  
                                                                               
   MEMBERS ABSENT                                                              
                                                                               
 Representative Mark Hanley                                                    
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CS FOR SENATE BILL NO. 54(FIN)                                                
                                                                               
 "An Act relating to violations of laws by juveniles, to the                   
 remedies for offenses and activities committed by juveniles and to            
 records of those offenses, and to incarceration of juveniles who              
 have been charged, prosecuted, or convicted as adults; and                    
 providing for an effective date."                                             
                                                                               
 HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H                              
                                                                               
 "An Act relating to violations of laws by juveniles, to the                   
 remedies for offenses and activities committed by juveniles and to            
 juvenile records, and to incarceration of juveniles who have been             
 charged, prosecuted, or convicted as adults; and providing for an             
 effective date."                                                              
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 (TAPE 94-1 - ON FILE IN THE LEGISLATIVE REFERENCE LIBRARY)                    
                                                                               
 The Conference Committee on SB 54 was chaired by Senator Robin                
 Taylor who called the meeting to order at 4:10 p.m.                           
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
 TAPE 94-1, SIDE A                                                             
                                                                               
 There was discussion of the meaning of limited free conference                
 powers of the committee regarding SB 54 and the possibility of                
 needing free conference power   in order to deal with some portions           
 of the legislation.  The committee decided to move ahead with the             
 portions of SB 54 that could be dealt with under the scope of                 
 limited free conference powers.                                               
                                                                               
 Number 142                                                                    
                                                                               
 JACK CHENOWETH, Legislative Legal Counsel, pointed out that Section           
 2 of CSSB 54(FIN) and Section 9 of HCS CSSB 54(FIN) am H are                  
 identical measures.  The committee unanimously adopted those                  
 provisions.  Mr. Chenoweth continued by noting that Section 10 of             
 CSSB 54(FIN) and Section 19 of HCS CSSB 54(FIN) am H are identical.           
 The committee also unanimously adopted those provisions.    Mr                
 Chenoweth informed the committee that Section 8 on page 8 of HCS              
 CSSB 54(FIN) am H is not found in CSSB 54(FIN).                               
                                                                               
 DIANE SCHENKER, Department of Corrections, explained that Section             
 8 of the House version of SB 54 was added in order to alleviate               
 concerns regarding liability   of incarcerating a juvenile with an            
 adult sex offender.  The committee discussed whether Section 8 was            
 needed.  Senator Taylor moved to delete Section 8 of HCS CSSB
 54(FIN) am H, without objection Section 8 was deleted.                        
                                                                               
 Number 455                                                                    
                                                                               
 Mr. Chenoweth continued to point out similarities in the two bills.           
 Section 3 in CSSB 54(FIN) and Section 10 of the House version, HCS            
 CSSB 54(FIN) am H, are identical provisions except that the House             
 version uses the word " intentional " while the Senate version uses    es   
 the word " malicious " which mean the same thing.  There being no           
 objection from the committee, the word " intentional " was adopted     d    
 into the Conference Committee bill.                                           
                                                                               
 Mr. Chenoweth noted that Sections 2 and 3 of HCS CSSB 54(FIN) am H            
 are not parallel in the Senate version of SB 54.  Representative              
 Mackie moved to adopt the language in Section 2, page 2, lines 26-            
 31 of HCS CSSB 54(FIN) am H.  There being no objection the language           
 was adopted.  Senator Taylor noted the intention to request limited           
 powers of free conference in order to deal with paragraph 10 on               
 page 3 of HCS CSSB 54(FIN) am H.  Representative Mackie moved to              
 adopt Section 3 of HCS CSSB 54(FIN) am H, there being no objection            
 it was adopted.                                                               
                                                                               
 Number 695                                                                    
                                                                               
 Mr. Chenoweth pointed out that Section 6, lines 4-6 of CSSB 54(FIN)           
 and Section 16, lines 25-27 of HCS CSSB 54(FIN) am H are identical.           
 He explained that in the House version a " treatment facility " was    as   
 added.  Representative Porter moved to adopt Section 16 of HCS CSSB
 54(FIN) am H, without objection Section 16 of the House version was           
 adopted.                                                                      
                                                                               
 Sections 4,5,6, and 7 of HCS CSSB 54(FIN) am H are not paralleled             
 in CSSB 54(FIN).  Mr. Chenoweth explained these sections of the               
 House version of SB 54.  There was discussion regarding the                   
 necessity of the language on page 5, lines 19-21 in HCS CSSB
 54(FIN) am H.  There was a motion to adopt Section 4 of the House             
 version.  Senator Taylor objected.                                            
                                                                               
 TAPE 94-1, SIDE B                                                             
                                                                               
 Senator Donley and Senator Taylor expressed concerns with this                
 language and the possibility that it could be used as exclusionary            
 by only speaking to one group of individuals which does not seem to           
 be the intent.  Sections 4, 5, and 7 were held for review.  Senator           
 Taylor moved to delete lines 27 and 28, page 7 of HCS CSSB 54(FIN)            
 am H.  There being no objection, it was so ordered.                           
                                                                               
 Mr. Chenoweth noted that Section 1 in both versions of the bill are           
 identical.  Representative Porter moved to adopt Section 1 of HCS             
 CSSB 54(FIN) am H.  Senator Taylor objected for purposes of                   
 discussion.  Senator Taylor removed his objection and Section 1 of            
 the House version was adopted.                                                
                                                                               
 Mr. Chenoweth explained Section 5 of the Senate version of SB 54              
 which does not have a parallel section in the House version.                  
 Representative Porter suggested that a laundry list of offenses be            
 arrived at first.  Senator Taylor reviewed the committee's options            
 regarding the disclosure portion of SB 54.  Sections 5, 8, and 9 of           
 CSSB 54(FIN) and Sections 14, 17, and 17 of HCS CSSB 54(FIN) am H             
 were held in order to request the powers of free conference.                  
                                                                               
 Number 385                                                                    
                                                                               
 After discussing the remaining portions of both versions of the               
 bill, the committee was informed of the Senate version's effective            
 date being out of date by a year.  Senator Taylor moved to adopt              
 Section 22 of the House version, HCS CSSB 54(FIN) am H.  There                
 being no objection, it was so ordered.  More discussion ensued                
 regarding the powers of the Conference Committee.                             
                                                                               
 Representative Porter reviewed which sections were adopted, deleted           
 and held.  Senator Taylor noted that the House and the Senate                 
 concurred upon requesting powers of free conference on the list               
 agreed upon in this committee.                                                
                                                                               
 There being no further business before the committee, the meeting             
 adjourned at 5:31 p.m.                                                        
                                                                               
                                                                               

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