SENATE COMMITTEE ON JUDICIARY

 

 

April 15, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                       Tapes 96 - 97

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

STAFF PRESENT:                 Craig Prins, Counsel

                                                Bill Joseph, Counsel                         

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 115 Work Session

                                                SB 212 Work Session

SB 617 Work Session

                                                SB 466 Work Session

                                                SB 628 Work Session

                                                SB 882 Work Session

                                                SB 280 Work Session

                                                SB 260 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 96, A

003

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a work session on SB 115.

SB 115 WORK SESSION

004

Craig Prins

Committee Counsel. Introduces SB 115 that provides that rules of evidence do not apply at shelter hearings and the -1 amendments (EXHIBIT A).

023

Sen. Walker

MOTION:  Moves to ADOPT SB 115-1 amendments dated 4/2/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

025

Chair Minnis

Hearing no objection, declares the motion CARRIED.

027

Sen. Walker

MOTION:  Moves SB 115 to the floor with a DO PASS AS AMENDED recommendation.

031

Sen. Ringo

Expresses concern about language in the bill that refers to relevancy of evidence.

039

Prins

Explains that page 2, line 4 of the amendments corrects the language.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

051

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

054

Chair Minnis

Closes the work session on SB 115 and opens a work session on

SB 212.

SB 212 WORK SESSION

056

Craig Prins

Committee Counsel. Introduces SB 212 that provides express authorization for certain agencies to submit fingerprints to Federal Bureau of Investigation to conduct criminal records check, and the -2 amendments (EXHIBIT B).

084

Sen. Walker

MOTION:  Moves to ADOPT SB 212-2 amendments dated 3/25/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

091

Chair Minnis

Hearing no objection, declares the motion CARRIED.

092

Sen. Walker

MOTION:  Moves SB 212 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

093

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. C. STARR will lead discussion on the floor.

098

Chair Minnis

Closes the work session on SB 212 and opens a work session on

SB 617.

SB 617 WORK SESSION

099

Craig Prins

Committee Counsel. Introduces SB 617 that requires restitution in all cases in which victim suffers injury, loss and damage, and the -1 amendments (EXHIBIT C).

026

Sen. Walker

MOTION:  Moves to ADOPT SB 617-1 amendments dated 3/28/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

135

Chair Minnis

Hearing no objection, declares the motion CARRIED.

138

Sen. Walker

MOTION:  Moves SB 617 to the floor with a DO PASS AS AMENDED recommendation.

140

Sen. Ringo

Asks if the courts already have discretion to impose restitution.

143

Prins

Explains that they do and under what circumstances.

153

Sen. Ringo

Talks about outstanding fines from restitution orders.

160

Prins

Says collection falls to the courts.

180

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

183

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

188

Chair Minnis

Closes the work session on SB 617 and opens a work session on

SB 466.

SB 466 WORK SESSION

197

Craig Prins

Committee Counsel. Introduces SB 466 that creates crimes of unlawful use of theft detection shielding device and unlawful use of theft detection device deactivator or remover and the -1 amendments (EXHIBIT D).

232

Sen. Walker

Says this bill needs more time to consider.

240

Chair Minnis

Closes the work session on SB 466 and opens a work session on

SB 628.

SB 628 WORK SESSION

250

Craig Prins

Committee Counsel. Introduces SB 628 that expands disclosure of records compiled pursuant to child abuse report, and the -1 amendments (EXHIBIT E).

305

Sen. Walker

Talks about unfounded matters being available.

309

Prins

Clarifies the misunderstanding.

335

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 628-1 amendments dated 03/27/03.

344

Sen. Walker

Asks if the criminal defense lawyers support SB 628 with the -1 amendments.

348

Vice Chair Burdick

Says that they have provided a letter of support.

352

 

VOTE:  6-0

354

Chair Minnis

Hearing no objection, declares the motion CARRIED.

356

Vice Chair Burdick

MOTION:  Moves SB 628 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

360

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

371

Chair Minnis

Closes the work session on SB 628 and opens a work session on

SB 882.

SB 882 WORK SESSION

372

Craig Prins

Committee Counsel. Introduces SB 882 that authorizes presiding judge of judicial district to enter into memorandum of understanding with Indian tribe or tribal organization regarding adjudication and disposition of youths and youth offenders, and the -1 amendments (EXHIBIT F).

407

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 882-1 amendments dated 04/07/03.

410

Sen. Walker

Expresses support for SB 882.

428

 

VOTE:  6-0

430

Chair Minnis

Hearing no objection, declares the motion CARRIED.

432

Sen. Ferrioli

MOTION:  Moves SB 882 to the floor with a DO PASS AS AMENDED recommendation.

435

 

VOTE:  6-0

438

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

446

Chair Minnis

Closes the work session on SB 882 and recesses the meeting at 8:45 a.m.


 

TAPE 97, A

004

Chair Minnis

Reconvenes the meeting at 9:10 a.m. and opens a work session on SB 280.

SB 280 WORK SESSION

006

Bill Joseph

Committee Counsel. Introduces SB 280 that establishes requirements for use of credit history in personal insurance underwriting and rating, and the -7 amendments (EXHIBIT G).

021

Vice Chair Burdick

Asks for an example of fees that would be charged.

022

Joseph

Gives an example of paying an application fee.

039

Sen. Ringo

Wonders about the fees referred to on Page 1, line 24.

048

Joseph

Gives a section-by-section clarification of the -7 amendments.

148

Chair Minnis

Asks how long it would take to get a new amendment deleting subparagraph b on page 11.

170

Holly Robinson

Legislative Counsel.  Says she can have them by the end of the committee meeting.

172

Sen. Ringo

Says he does not like the amendments.

195

Vice Chair Burdick

Says she likes the amendments.

219

Robinson

Explains a technical change that has been requested by the insurance industry.

228

Sen. Ferrioli

Says he does not like the concept and would like to see SB 260 pass instead.

255

Chair Minnis

Says the objective is to get a compromise.

267

John Powell

State Farm Insurance.  Says the industry agrees with the proposed -8 amendments.  Addresses the concerns of the committee.

356

Chair Minnis

Asks about a commerce clause issue.

360

Joseph

Explains that commerce clauses are not usually a limitation on state power.

367

Chair Minnis

Closes the work session on SB 280 and opens a work session on SB 260.

SB 260 WORK SESSION

398

Bill Joseph

Committee Counsel. Introduces SB 260 that prohibits insurer from using credit history or insurance score of consumer applying for or renewing personal property or casualty insurance when making underwriting or rating decision, and the -1 amendments (EXHIBIT H).

430

Sen. Ringo

MOTION:  Moves to ADOPT SB 260-1 amendments dated 03/14/03.

 

 

VOTE:  5-1

AYE:               5 - Burdick, Ferrioli, Ringo, Starr C., Walker

NAY:               1 - Minnis

433

Chair Minnis

The motion CARRIES.

440

Sen. Ringo

MOTION:  Moves SB 260 to the floor with a DO PASS AS AMENDED recommendation.

TAPE 96, B

 

 

VOTE:  6-0

067

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. HANNON will lead discussion on the floor.

070

Chair Minnis

Closes the work session on SB 260 and adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 115,-1 amendments submitted by staff, 1 p

B – SB 212, -2 amendments submitted by staff, 2 pp

C – SB 617, -1 amendments submitted by staff, 10 pp

D – SB 466, -1 amendments submitted by staff, 8 pp

E – SB 628, -1 amendments submitted by staff, 4 pp

F – SB 882, -1 amendments submitted by staff, 2 pp

G – SB 280, -7 amendments submitted by staff, 14 pp

H – SB 260, -1 amendments submitted by staff, 1 p