CHAIRMAN KELLY brought CSHB 459(FIN) am - MEDICAL ASSISTANCE: DISABLED & OTHERS before the committee as the final order of business, and directed attention to a proposed Rules SCS. TIM BENINTENDI, Senate Rules Committee Aide, explained the difference between the Rules SCS and the Finance SCS is that subsection (k) has been deleted from page 4 of the Finance version. SENATOR TORGERSON explained it was an amendment he had proposed and was adopted in the Finance Committee. However, it has met with some opposition from the industry and the Department of Environmental Conservation so he is requesting the subsection be deleted from the bill. SENATOR LEMAN referenced page 1, line 6 and noted the Resources Committee adopted an amendment that put the maximum fee that the department could charge for the direct marketing fishing vessel at $100, whereas it is $150 in the Rules SCS. He then moved an amendment that the amount be changed from $150 to $125. SENATOR TORGERSON objected to the amendment, stating that the department had a problem with the $100 amount, and he believes the department will not support lowering the amount from $150. CHAIRMAN KELLY stated there would be a roll call vote on Senator Leman's motion to change $150 to $125. The roll was taken with the following result: Senators Kelly and Leman voted "Yea" and Senators Torgerson, Duncan and Taylor voted "Nay." CHAIRMAN KELLY stated the amendment failed on a 2-3 vote. SENATOR LEMAN moved the adoption of SCS CSHB 459(RLS). Hearing no objection, the motion carried. SENATOR LEMAN moved and asked unanimous consent SCS CSHB 459(RLS) be approved for calendaring at the discretion of the Chair. Hearing no objection, it was so ordered. SENATOR LEMAN pointed out that an amendment made in the Senate Finance Committee, relating to midwife services, is not consistent with the title of the bill. CHAIRMAN KELLY requested a rescinding motion on approving the legislation for calendaring. SENATOR LEMAN moved that the committee rescind its previous action in approving SCS CSHB 459(RLS) for calendaring. Hearing no objection, CHAIRMAN KELLY stated the rescinding motion carried and that the committee would take up the legislation once again on the following day.