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