MINUTES

 

SENATE COMMITTEE ON STATE AFFAIRS

Monday, March 23, 2009

10:00 a.m.

Senate Chamber

 

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Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on State Affairs was held on Monday, March 23, 2009, in the Senate Chamber.

 

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MEMBERS PRESENT:

 

MEMBERS ABSENT:

Senator Robert Duncan

Senator Bob Deuell

Senator John Carona

Senator Rodney Ellis

Senator Troy Fraser

Senator Chris Harris

Senator Mike Jackson

Senator Eddie Lucio, Jr.

Senator Leticia Van de Putte

 

None

 

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The chair called the meeting to order at 10:05 a.m.  The following business was transacted: 

 

The chair laid out SB 78 and recognized the author, Senator Nelson, to explain the bill. 

Senator Van de Putte sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the senate bill as filed. Witnesses registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 78 be left pending; without objection, it was so ordered.

 

The chair laid out SB 79 and recognized the author, Senator Nelson, to explain the bill. 

Senator Ellis sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the senate bill as filed.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  

 

 

 

The clerk called the roll.  The following members arrived after the roll was called: 

Senator John Carona

Senator Troy Fraser

Senator Chris Harris

Senator Mike Jackson

 

There being a quorum present, Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.   Senator Duncan moved that CSSB 79 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 888 and recognized the author, Senator Nelson, to explain the bill.  Senator Lucio, Jr. sent up a committee substitute; the chair recognized Senator Nelson to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 888 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 779 and recognized the author, Senator Watson, to explain the bill. 

Senator Deuell sent up a committee substitute; the chair recognized Senator Watson to explain the difference between the committee substitute and the senate bill as filed.  Witnesses registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 779 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 957 and recognized the author, Senator Watson, to explain the bill. 

Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 957 be left pending; without objection, it was so ordered. 

 

The chair laid out SB 1081 and recognized the author, Senator Huffman, to explain the bill. 

Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 1081 be left pending; without objection, it was so ordered.      

 

The chair laid out SB 1142 and recognized the author, Senator Carona, to explain the bill. 

Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 1142 be left pending; without objection, it was so ordered.    

 

The chair laid out SB 1143 and recognized the author, Senator Carona, to explain the bill.

Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 1143 be left pending; without objection, it was so ordered. 

 

 

 

The chair laid out SB 964 and recognized the author, Senator Ellis, to explain the bill.  Senator Carona sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the senate bill as filed.  Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Duncan moved that SB 964 be left pending; without objection, it was so ordered.  

 

At 10:50 a.m. Senator Duncan moved that the committee stand at ease until after adjournment of the Senate; without objection, it was so ordered. 

 

At 6:00 p.m. the committee reconvened, and the clerk called the roll.  There being a quorum present, the following business was transacted:

 

The chair laid out as a matter of pending business SB 76.  Senator Van de Putte sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 76 do not pass but that CSSB 964 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business SB 80.  Senator Harris moved that SB 80 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 92.  Senator Van de Putte moved that the committee reconsider the vote by which the earlier substitute was adopted; without objection, it was so ordered.  Senator Van de Putte withdrew the previous committee substitute to SB 92. 

Senator Van de Putte sent up a new committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 92 do not pass but that CSSB 92 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business SB 182.  Senator Lucio sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio moved that SB 182 do not pass but that CSSB 182 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 7 ayes, 2 nays, 0 present not voting, and 0 absent.

 

The chair laid out as a matter of pending business SB 482.  Senator Ellis moved that SB 482 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 698.  Senator Ellis moved that SB 698 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 747.  Senator Carona sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Carona sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted.  Senator Carona requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered.  Senator Carona then moved that the committee substitute be adopted; without objection, it was so ordered.  Senator Carona moved that SB 747 do not pass but that 7CSSB 747 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.   

 

The chair laid out as a matter of pending business SB 762.  Senator Lucio sent up a committee substitute.  Senator Lucio moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio moved that SB 762 do not pass but that CSSB 762 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business SB 828.  Senator Lucio moved that SB 828 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Lucio moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 879.  Senator Carona moved that SB 879 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent. 

 

The chair laid out as a matter of pending business SB 927.  Senator Jackson moved that SB 927 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.

 

The chair laid out as a matter of pending business SB 972.  Senator Lucio, Jr. sent up Committee Amendment 1 and moved adoption; without objection it was so ordered.  Senator Lucio, Jr. requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. then moved that the new committee substitute be adopted; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 972 do not pass but that CSSB 92 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Jackson moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Deuell assumed the chair. 

 

The chair laid out as a matter of pending business SB 1111.  Senator Duncan sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1111 do not pass but that CSSB 1111 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Duncan moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.  

 

The chair laid out as a matter of pending business SB 1134.  Senator Duncan sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Duncan moved that SB 1134 do not pass but that CSSB 1134 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Duncan moved that the bill be recommended for placement of the Local & Uncontested Calendar; without objection, it was so ordered.

 

Senator Duncan resumed the chair.

 

The chair laid out as a matter of pending business SB 1119.  Senator Ellis moved that SB 1119 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 5 ayes, 4 nays, 0 present not voting, and 0 absent.

 

The chair laid out as a matter of pending business SB 78.  Senator Van de Putte sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Van de Putte moved that SB 78 do not pass but that CSSB 78 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.   

 

The chair laid out as a matter of pending business SB 79. Senator Ellis sent up a committee substitute.  Senator Lucio, Jr. moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 79 do not pass but that CSSB 79 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Van de Putte moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 779.  Senator Deuell sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Lucio, Jr. moved that SB 779 do not pass but that CSSB 779 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair lay out as a matter of pending business SB 888.  Senator Lucio, Jr. moved that SB 888 do not pass but that CSSB 888 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Lucio, Jr. moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 957.  Senator Deuell moved that SB 957 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 964.  Senator Carona sent up a committee substitute.  Senator Duncan moved adoption of the committee substitute; without objection, it was so ordered.  Senator Ellis moved that SB 964 do not pass but that CSSB 964 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Ellis moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1081.  Senator Deuell moved that SB 1081 be reported favorably to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nay, 0 present not voting, and 0 absent.  Senator Deuell moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1142.  Senator Carona moved that SB 1142 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

The chair laid out as a matter of pending business SB 1143.  Senator Carona moved that SB 1143 be reported back to the Senate with the recommendation that it do pass and be printed.  The motion carried with a record vote of 9 ayes, 0 nays, 0 present not voting, and 0 absent.  Senator Carona moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered. 

 

Senator Deuell moved to reconsider the vote by which SB 879 was voted and passed out; without objection, it was so ordered.  Senator Duncan moved that SB 879 be left pending; without

objection, it was so ordered. 

 

Senator Deuell assumed the chair.

 

The chair laid out SB 1123 and recognized the author, Senator Duncan, to explain the bill. 

Witnesses testifying and registering on the bill are shown on the attached list.  The chair moved that the public testimony be closed; without objection, it was so ordered.  Senator Deuell moved that SB 1123 be left pending; without objection, it was so ordered. 

 

Senator Duncan resumed the chair. 

 

There being no further business, at 9:20 p.m. Senator Duncan moved that the Committee stand recessed subject to the call of the chair.  Without objection, it was so ordered. 

 

 

 

 

 

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Senator Robert Duncan, Chair

 

 

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Erin Fry, Clerk