SENATE COMMITTEE ON JUDICIARY

 

 

June 02, 2003 Hearing Room 343

8:00 a.m. Tapes 146-147

 

MEMBERS PRESENT:            Sen. John Minnis, Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:            Sen. Ginny Burdick, Vice-Chair

 

 

STAFF PRESENT:                  Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            HB 3370A Work Session

                                                HB 2986A Work Session

                                                SB 100 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 146, A

004

Chair Minnis

Calls the meeting to order at 8:20 a.m. and opens a work session on HB 3370A that consolidates laws governing eminent domain.

HB 3370A WORK SESSION

012

Sen. Walker

MOTION:  Moves to RECONSIDER the vote by which HB 3370 was sent to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Burdick

114

Chair Minnis

Hearing no objection, declares the motion CARRIED.

019

Bill Joseph

Committee Counsel.  Introduces the -1 amendments to HB 3370A that resolve a conflict (EXHIBIT A).

024

Sen. Walker

MOTION:  Moves to ADOPT HB 3370A-1 amendments dated 5/29/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

026

Chair Minnis

Hearing no objection, declares the motion CARRIED.

033

Sen. Walker

MOTION:  Moves HB 3370A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

038

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

040

Chair Minnis

Closes the work session on HB 3370A and opens a work session on HB 2986A.

HB 2986A WORK SESSION

044

Bill Joseph

Committee Counsel.  Introduces the –A5 amendments to HB 2986 that provides immunity from civil liability for physician or health care provider who does not report to Department of Transportation person’s impairments affecting ability to safely operate motor vehicle (EXHIBIT B).

049

Sen. Walker

MOTION:  Moves to RECONSIDER the vote by which HB 2986A was sent to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

052

Chair Minnis

Hearing no objection, declares the motion CARRIED.

054

Sen. Walker

MOTION:  Moves to ADOPT HB 2986A-A5 amendments dated 5/23/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

057

Chair Minnis

Hearing no objection, declares the motion CARRIED.

060

Sen. Walker

MOTION:  Moves HB 2986A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

064

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

066

Chair Minnis

Closes the work session on HB 2986A and opens a work session on SB 100.

SB 100 WORK SESSION

074

Andrea Meyer

American Civil Liberties Union (ACLU).  Testifies in opposition to SB 100 that establishes rules and procedures for transmission of record to court when petition is filed in circuit court challenging order other than contested case issued by state agency.

171

Sen. Ringo

Asks, with regard to school athletics, if this statute specifically requires a hearing in the case of a dispute.

187

Meyer

Explains that there is no opportunity to contest a case hearing.  Continues testimony in opposition to SB 100.

228

Sen. Walker

Refers to prior testimony given and asks about the cost to the state.

252

Meyer

Explains that this is anything but cost-saving.

278

Sen. Ringo

Asks if the “Nordon Case” changed existing law.

280

Meyer

Says that while unfamiliar with the practice prior to “Nordon”, it must have changed existing law.

298

Chair Minnis

Asks for a summary of the objection by the ACLU.

298

Meyer

Summarizes that it alters the standard of review by the courts to agency decisions and makes it much more difficult for the court to have any authority.

332

Sen. Walker

Asks if counsel is allowed in an administrative hearing with an agency.

333

Meyer

Says, yes.

323

Steve Bushong

Department of Justice.  Testifies in favor of SB 100.  Discusses the case in dispute.

388

Sen. Ringo

Asks where in statute the threshold for getting a contested-case hearing is addressed.

399

Bushong

Says it is in the administrative rules that the Superintendent has adopted.

428

Sen. Ringo

Asks for further clarification of determination of a substantial showing.

431

Bushong

Says that is at the discretion of the Superintendent of Education.

453

Sen. Ringo

Asks if the “Nordon Case” changed the construct.

457

Bushong

Explains that it expands the process.

TAPE 147, A

020

Philip Schradle

Department of Justice.  Testifies in support of SB 100 and explains that it is important not to get bogged down with one particular case.

045

Sen. Walker

Asks if granting exceptions to automatic contested-case hearings and discrimination claims would be acceptable to the ACLU.

050

Meyer

Expresses concerns.

077

Sen. Walker

Asks if there has been an increase in cases and costs in the 3 ˝ years since the “Nordon Case.”

081

Bushong

Says the cases he has tried have been very expensive cases.

091

Sen. Walker

Asks if those cases would have gone to a contested-case hearing anyway.

091

Bushong

Says they would not.

100

Sen. Ringo

Asks for a definition of substantial showing.

102

Bushong

Says it is determined on a case-by-case basis.

116

Chair Minnis

Explains that his understanding of the administrative rule allows for appeal of a decision.

123

Meyer

Explains that there is more involved.

180

Sen. Walker

Asks if there is an opportunity for discovery if you don’t have a contested-case hearing.

185

Meyer

Explains that the Freedom of Information Act allows for certain information, but without representation by counsel, a person would not know what to ask for.

207

Sen. Ringo

Contends there must be a way to reconcile the differences.

231

Joseph

Clarifies what the procedure currently is and how it would be changed by this legislation.

268

Chair Minnis

Asks what the -4 amendments would do (EXHIBIT C).

271

Schradle

Explains how the -4 amendments add a clarification to assure the circuit court can address the questions whether a person is entitled to a contested case.

286

Chair Minnis

Closes the work session on SB 100 and adjourns the meeting at 9:30 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3370, -1 amendments submitted by staff, 1 p

B – HB 2986A -A5 amendments submitted by staff, 1 p

C – SB 100, -4 amendments submitted by staff, 5 pp