SENATOR LEMAN introduced SB 56 (ADMINISTRATION OF BUDGET RESERVE FUND) as the next order of business. REPRESENTATIVE BROWN outlined the following changes made in a new draft committee substitute (8-LS0453\O) that was before the committee for its consideration: 1) An effective date is added to the title. 2) On page 1, lines 10 and 13, the six months language that appeared in prior draft has been removed and it now reads: "money received after an informal conference or after a request for a formal hearing has been received by the state the money would be deemed disputed and would go into the Constitutional Budget Reserve." 3) On page 2, line 7, a new sentence has been added to ensure that what is looked at for the purpose of determining what is available, the comparable sources from the prior year are looked as well. 4) On page 2, line 13, the words "federal funds" have been added and on page 2, line 14 the words "or money held in trust for a particular purpose." It now reads that money available for appropriation does not include "federal funds" the earnings reserve, "or money held for a particular purpose." 5) On page 2, line 20, the Department of Administration would be the entity transferring the money, rather than the Department of Revenue as in the prior draft. 6) On page 2, line 24, the transfer date has been changed from November 15 to December 16. 7) Sections 2 and 3, which deal with the effective date, are new. Representative Brown pointed out that the Section 2 application section states that Section 1 would apply to taxes received after June 30, together with penalties and interest. However, the legislative counsel has advised the legislature cannot in a piece of statute assure that a court might not reach a different result should this issue ever be litigated. She said after having talked to other members about it and recognizing the situation with the current budget year, she believes the bill will stand a better chance of passage if it contains an application provision. SENATOR MILLER moved that CSSB 56 (STA) referenced as 8- LS0453\O be adopted in lieu of the committee substitute adopted by the committee on 2/3/93. Hearing no objection, the motion carried. SENATOR RANDY PHILLIPS, Chairman of the Legislative Budget and Audit Committee, said he has looked at the committee substitute and that he has no problems with it. SENATOR TAYLOR stated that he believes that by passing this into statute law, it does a great deal more to establish what the legislature's original intent was of the proposition that was placed before the people. Number 300 SENATOR LEMAN asked for the will of the committee. SENATOR MILLER moved that CSSB 56 (STA) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.