CONFERENCE COMMITTEE ON HB 2865B

 

 

July 14, 2003 Hearing Room 357

3:00 p.m. Tape 1

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Sen. Ginny Burdick

Rep. Bob Ackerman

Sen. John Minnis

Rep. Gordon Anderson

 

 

STAFF PRESENT:                  Bill Taylor, Counsel

                                                Patsy Wood, Office Coordinator

 

 

MEASURE/ISSUES HEARD:            HB 2865B Work Session

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 1, A

003

Chair Williams

Calls the conference committee on HB 2865B to order at 3:07 p.m. and opens a work session.

HB 2865B WORK SESSION

007

Bill Taylor

Committee Counsel.  Describes the Senate amendments to HB 2865B which allows district attorney to treat certain nonperson felonies as Class A misdemeanors and this bill’s relation to HB 2759.  Discusses the B9, B10 and B11 amendments to HB 2865B (EXHIBITS A-C). 

059

Chair Williams

Discusses the bill options with the amendments.

065

Sen. Burdick

Asks for clarification on the B10 amendments and if the fine remains at the misdemeanor level.

068

Taylor

Responds affirmatively.

070

Sen. Burdick

Would like to see the fine stay at a high level and wonders about the maximum fine for a Class C felony.

073

Taylor

Responds $100,000.00.

074

Sen. Burdick

Asks if some Class C felonies carry a lower fine.

075

Taylor

Explains the relation of fines to some felonies saying the $100,000.00 figure relates to Class C felonies.

080

Chair Williams

Notes that the B9 amendments establish a maximum fine without putting a dollar-figure to it.

085

Sen. Burdick

Likes the option of imposing a larger fine.

088

Rep. Ackerman

States his reasons for supporting the B11 amendments.

102

Chair Williams

Discusses the policy decision change in the misdemeanor-to-violation transfer made to HB 2759 before it was sent to Ways & Means.

122

Rep. Anderson

Asks for clarification of the amendments on the Senate side.

124

Sen. Minnis

Discusses why they wanted to keep the fine at the felony level.  Uses the example of a sex abuse II case being tried as a misdemeanor, but the fine levied at a higher level because sex offenders often have assets.

142

Rep. Anderson

Wonders if these fines are currently being levied against offenders who can pay the fine.

144

Sen. Minnis

Assumes that they are.

150

Chair Williams

Responds that the $100,000.00 fine is a maximum that “may” be imposed.  Asks which amendment Rep. Ackerman prefers.

172

Rep. Ackerman

Says he is trying to figure out the difference in amendments because the fine cap would be $100,000.00 either way.

173

Chair Williams

Responds that is the most likely result.

178

Rep. Ackerman

Asks if they are only reducing Class C felonies.

179

Chair Williams

Confirms that is the way the legislation is written.

180

Taylor

Notes instances where the fine will be imposed.

184

Sen. Minnis

MOTION:  Moves to ADOPT HB 2865-B9 amendments dated 07/01/03.

 

 

VOTE:  5-0

AYE:            In a roll call vote, all members present vote Aye.

192

Chair Williams

The motion CARRIES.

199

Rep. Ackerman

MOTION:  Moves HB 2865B to the floor with the recommendation that the House CONCUR in Senate amendments dated 06/17/03 and that the bill be FURTHER AMENDED by the B9 amendments and the measure be REPASSED.

 

 

VOTE:  5-0

211

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the HOUSE floor

SEN. BURDICK will lead discussion on the SENATE floor

 

216

Chair Williams

Closes the work session on HB 2865B and adjourns the meeting at 3:23 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2865B, B9 amendments dated 7/1/03, submitted by staff, 1 pg

B – HB 2865B, B10 amendments dated 7/1/03, submitted by staff, 1 pg

C – HB 2865B, B11 amendments date 7/10/03, submitted by staff, 1 pg