SENATE COMMITTEE ON JUDICIARY

July 14, 2003 Hearing Room 343

9:00 A.M. Tape 189

MEMBERS PRESENT: Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Vicki Walker

MEMBERS EXCUSED: Sen. Charles Starr

STAFF PRESENT: Craig Prins, Counsel

Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 904 Work Session

HB 2318 Work Session

HB 2094A Work Session

HB 2368B 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 189, A
003	Chair Minnis	Calls the meeting to order at 9:12 a.m. and opens a work session on SB 904.
SB 904 WORK SESSION
004	Bill Taylor	Committee Counsel. Introduces SB 904 that abolishes Dispute Resolution Commission, and the -3 amendments (EXHIBIT A).
019	Sen. Walker	MOTION: Moves to ADOPT SB 904-3 amendments dated 7/10/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
023	Chair Minnis	Hearing no objection, declares the motion CARRIED.
024	Sen. Walker	MOTION: Moves SB 904 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways & Means BY PRIOR REFERENCE.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
026	Chair Minnis	Hearing no objection, declares the motion CARRIED.
028	Chair Minnis	Closes the work session on SB 904 and opens a work session on HB 2318.
HB 2318 WORK SESSION
030	Craig Prins	Committee Counsel. Introduces HB 2318 that makes technical corrections to statutes relating to records, and the -12 amendments (EXHIBIT B).
037	Craig Prins	Provides a section-by-section overview of the amendments (EXHIBIT C).
078	Bradd Swank	State Court Administrator’s Office. Testifies in opposition to the -12 amendments to HB 2318, specifically sections 17 and 18.
095	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2318-12 amendments dated 7/14/03.
099	Sen. Walker	Clarifies that sections 19 through 26 represent HB 2864.
117		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
118	Chair Minnis	Hearing no objection, declares the motion CARRIED.
120	Vice Chair Burdick	MOTION: Moves HB 2318 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
121	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
123	Chair Minnis	Closes the work session on HB 2318 and opens a work session on HB 2094A.
HB 2094A WORK SESSION
124	Craig Prins	Committee Counsel. Introduces HB 2094A that requires tobacco product manufacturers to report certain information to Attorney General, and the –A12 conflict amendments (EXHIBIT D).
132	Vice Chair Burdick	MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2094A.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
135	Chair Minnis	Hearing no objection, declares the motion CARRIED.
138	Vice Chair Burdick	MOTION: Moves to RECONSIDER the vote by which HB 2094A was sent the floor with a DO PASS as AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
139	Chair Minnis	Hearing no objection, declares the motion CARRIED.
140	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2094A-A12 amendments dated 7/11/03 to RESOLVE CONFLICTS.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
141	Chair Minnis	Hearing no objection, declares the motion CARRIED.

142	Vice Chair Burdick	MOTION: Moves HB 2094A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
145	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
147	Chair Minnis	Closes the work session on HB 2094A and opens a work session on HB 2368B.
HB 2368B WORK SESSION
149	Craig Prins	Committee Counsel. Introduces HB 2368B that makes technical and administrative changes to cigarette and tobacco products taxes to facilitate administration and endorsement, and the –B27 amendments (EXHIBIT E), and –B29 amendments (EXHIBIT F).
178	Sen. Ringo	Explains what the –B29 amendments do.
192	Sen. Ringo	MOTION: Moves to ADOPT HB 2368-B29 amendments dated 6/27/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
196	Chair Minnis	Hearing no objection, declares the motion CARRIED.
199	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2368B-B27 amendments dated 6/27/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
204	Chair Minnis	Hearing no objection, declares the motion CARRIED.
213	Vice Chair Burdick	Asks about the sunset provision that was included in one of the amendments.
216	Prins	Explains that it has already been adopted in the -B19 amendments.
219	Sen. Walker	Explains that she would like to see the –B17 amendments passed with this legislation (EXHIBIT G).
239	Sen. Ferrioli	Asks for clarification of the –B17 amendments.
246	Marshall Coba	Council of Independent Tobacco Manufacturers of America. Testifies in support of the -B17 amendments.
276	Sen. Walker	MOTION: Moves to ADOPT HB 2368B-B17 amendments dated 5/28/03.
		VOTE: 2-3-1 AYE: 2 - Ringo, Walker NAY: 3 - Burdick, Ferrioli, Minnis EXCUSED: 1 - Starr C.
286	Chair Minnis	The motion FAILS.
291	Vice Chair Burdick	MOTION: Moves HB 2368B to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Starr
310	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
318	Chair Minnis	Closes the work session on HB 2368B and adjourns the meeting at 9:36 a.m.

EXHIBIT SUMMARY

A – SB 904, -3 amendments submitted by staff, 32 pp

B – HB 2318, -12 amendments submitted by staff, 46 pp

C – HB 2318, section-by-section analysis submitted by staff, 1 p

D – HB 2094A, -A12 amendments submitted by staff, 8 pp

E – HB 2368B, -B27 amendments submitted by staff, 1 p

F – HB 2368B, -B29 amendments submitted by staff, 1 p

G – HB 2368B, -B17 amendments submitted by staff, 1 p