MINUTES
SENATE COMMITTEE ON STATE AFFAIRS
Monday, May 11, 2009
9:00 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, May 11, 2009, in the Senate Chamber.
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MEMBERS PRESENT: |
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MEMBERS ABSENT: |
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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 |
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None |
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The chair called the meeting to order at 9:00 a.m. The following business was transacted:
The chair laid out HB 1493 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. The chair opened public testimony. There being no witnesses testifying or registering on the bill, the chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan moved that HB 1493 be left pending; without objection, it was so ordered.
The chair laid out HB 3218 and recognized the Senate sponsor, Senator Zaffirini, to explain the bill. The chair opened public testimony. 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 HB 3218 be left pending; without objection, it was so ordered.
The chair laid out HB 2283 and recognized the Senate sponsor, Senator Deuell, to explain the bill. The chair opened public testimony. 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 HB 2283 be left pending; without objection, it was so ordered.
The chair laid out SB 2577 and recognized the author, Senator Jackson, to explain the bill. The chair opened public testimony. 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 2577 be left pending; without objection, it was so ordered.
The chair laid out HB 739 and recognized the Senate sponsor, Senator Ellis, to explain the bill. The chair opened public testimony. The chair opened public testimony. 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 HB 739 be left pending; without objection, it was so ordered.
The chair laid out SB 1618 and recognized the author, Senator Wentworth, to explain the bill. The chair opened public testimony. Witnesses testifying and registering on the bill are shown on the attached list. The chair moved that public testimony be suspended in order to consider pending business; without objection, it was so ordered.
The clerk called the roll.
Upon arrival of a quorum, the chair laid out as a matter of pending business SB 2571. Senator Deuell sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that SB 2571 do not pass but that CSSB 2571 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 2 nays, 0 present not voting, and 1 absent.
The chair laid out as a matter of pending business HB 407. Senator Fraser sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that HB 407 do not pass but that CSHB 407 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 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 HB 783. Senator Deuell sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Deuell moved that HB 783 do not pass but that CSHB 783 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 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 HB 1364. Senator Lucio, Jr. moved that HB 1364 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 HB 1979. Senator Carona moved that HB 1979 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 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 HB 2065. Senator Lucio, Jr. moved that HB 2065 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 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 HB 2401. Senator Fraser sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Van de Putte moved that HB 2401 do not pass but that CSHB 2401 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 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 HB 2570. Senator Fraser sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Jackson moved that HB 2570 do not pass but that CSHB 2570 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.
The chair laid out as a matter of pending business HB 2796. Senator Lucio, Jr. moved that HB 2796 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 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 HB 2829. Senator Lucio, Jr. moved that HB 2829 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 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 HB 3113. Senator Duncan sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that HB 3113 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 Harris moved that the bill be recommended for placement on the Local & Uncontested Calendar; without objection, it was so ordered.
Public testimony on SB 1618 resumed. The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan moved that SB 1618 be left pending; without objection, it was so ordered.
At 10:45 a.m. Senator Duncan moved that the committee stand recessed until after adjournment of the Senate; without objection, it was so ordered.
At 4:45 p.m. Senator Duncan reconvened the meeting.
Senator Deuell assumed the chair.
The chair laid out HB 1888 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair opened public testimony. 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 HB 1888 be left pending; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out SB 2416 and recognized the author, Senator Deuell, to explain the bill. The chair opened public testimony. 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 2416 be left pending; without objection, it was so ordered.
Senator Deuell assumed the chair.
The chair laid out HB 4290 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the house bill as engrossed. The chair opened public testimony. 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 Deuell moved that HB 4290 be left pending; without objection, it was so ordered.
The chair laid out HB 1070 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair opened public testimony. 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 Deuell moved that HB 1070 be left pending; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out SB 714 and recognized the author, Senator Van de Putte, to explain the bill. Senator Van de Putte sent up a committee substitute; the chair recognized Senator Van de Putte to explain the difference between the committee substitute and the senate bill as filed.
Senator Deuell assumed the chair.
Senator Van de Putte sent up Committee Amendment 1 and explained the amendment. The chair opened public testimony. Witnesses testifying and registering on the bill are shown on the attached list.
Senator Duncan resumed the chair.
The chair moved that the public testimony be closed; without objection, it was so ordered. Senator Duncan moved that SB 714 be left pending; without objection, it was so ordered.
The chair laid out HB 1293 and recognized the Senate sponsor, Senator Ellis, to explain the bill.
Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the house bill as engrossed. The chair moved adoption of the substitute; without objection, it was so ordered. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ellis sent up Committee Amendment 2 and moved adoption; without objection, the amendment was adopted. Senator Ellis sent up Committee Amendment 3 and moved adoption; without objection, the amendment was adopted. Senator Ellis sent up Committee Amendment 4 and moved adoption; without objection, the amendment was adopted.
Senator Ellis requested unanimous consent to roll amendments 1, 2, 3, and 4 into a committee substitute; without objection, it was so ordered. Senator Ellis then moved that the committee substitute be adopted; without objection, it was so ordered. The chair opened public testimony. 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 HB 1293 be left pending; without objection, it was so ordered.
The chair laid out HB 1294 and recognized the Senate sponsor, Senator Ellis, to explain the bill.
Senator Ellis sent up a committee substitute; the chair recognized Senator Ellis to explain the difference between the committee substitute and the house bill as engrossed. The chair moved adoption of the committee substitute; without objection, it was so ordered. The chair opened public testimony. 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 HB 1294 be left pending; without objection, it was so ordered.
The chair laid out HB 1919 and recognized the Senate sponsor, Senator Ellis, to explain the bill.
Senator Ellis sent up Committee Amendment 1. The chair opened public testimony. 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 HB 1919 be left pending; without objection, it was so ordered.
The chair laid out HB 1058 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. The chair opened public testimony. 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 HB 1058 be left pending; without objection, it was so ordered.
The chair laid out HB 1191 and recognized the Senate sponsor, Senator Lucio, Jr., to explain the bill. The chair opened public testimony. 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 HB 1191 be left pending; without objection, it was so ordered.
Senator Deuell assumed the chair.
The chair laid out SJR 41 and recognized the author, Senator Duncan, to explain the bill. The chair opened public testimony. 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 Deuell moved that SJR 41 be left pending; without objection, it was so ordered.
The chair laid out HB 488 and recognized the Senate sponsor, Senator Duncan, to explain the bill. The chair opened public testimony. 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 HB 488 be left pending; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair laid out HB 567 and recognized the Senate sponsor, Senator Fraser, to explain the bill. The chair opened public testimony. 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 HB 567 be left pending; without objection, it was so ordered.
Senator Deuell assumed the chair.
The chair laid out HB 2751 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Senator Duncan sent up Committee Amendment 1. The chair opened public testimony. 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 Deuell moved that HB 2751 be left pending; without objection, it was so ordered.
The chair laid out HB 3347 and recognized the Senate sponsor, Senator Duncan, to explain the bill. Senator Duncan sent up a committee substitute; the chair recognized Senator Duncan to explain the difference between the committee substitute and the house bill as engrossed. The chair opened public testimony. 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 HB 3347 be left pending; without objection, it was so ordered.
The chair laid out SB 2207 and recognized Senator Duncan, in the absence of the author, to explain the bill. The chair opened public testimony. 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 2207 be left pending; without objection, it was so ordered.
Senator Duncan resumed the chair.
The chair moved the committee stand at ease until 6:30; without objection, it was so ordered.
At 6:35 p.m. the committee reconvened.
The chair laid out as a matter of pending business SB 2577. Senator Jackson moved that SB 2577 be reported favorably 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 SJR 41. Senator Duncan moved that SJR 41 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent.
The chair laid out as a matter of pending business SB 2207. Senator Lucio, Jr. moved that SB 2207 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.
The chair laid out as a matter of pending business HB 488. Senator Lucio, Jr. moved that HB 488 be reported favorably to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 0 nay, 0 present not voting, and 1 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 HB 567. Senator Jackson moved that HB 567 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.
The chair laid out as a matter of pending business HB 739. Senator Ellis moved that HB 739 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 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 HB 1058. Senator Lucio, Jr. moved that HB 1058 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 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 HB 1070. Senator Lucio, Jr. moved that HB 1070 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 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 HB 1191. Senator Lucio, Jr. moved that HB 1191 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 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 HB 1293. A committee substitute was previously adopted. Senator Ellis moved that HB 1293 do not pass but that CSHB 1293 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 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 HB 1294. Senator Ellis sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Ellis moved that HB 1294 do not pass but that CSHB 1294 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 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 HB 1493. Senator Van de Putte moved that HB 1493 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 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 HB 1919. Senator Ellis sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Ellis requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Ellis then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Ellis moved that HB 1919 do not pass but that CSHB 1919 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 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 HB 2283. Senator Deuell sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Deuell requested unanimous consent to roll the amendments into a committee substitute; without objection, it was so ordered. Senator Deuell then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Deuell moved that HB 2283 do not pass but that CSHB 2283 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent.
The chair laid out as a matter of pending business HB 2751. Senator Duncan sent up Committee Amendment 1 and moved adoption; without objection, the amendment was adopted. Senator Duncan requested unanimous consent to roll the amendment into a committee substitute; without objection, it was so ordered. Senator Duncan then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Duncan moved that HB 2751 do not pass but that CSHB 2751 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 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 HB 3218. Senator Lucio, Jr. moved that HB 3218 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 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 HB 3347. Senator Duncan sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. Senator Duncan moved that HB 3347 do not pass but that CSHB 3347 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 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 HB 4290. Senator Duncan sent up a committee substitute and moved adoption of the committee substitute; without objection, it was so ordered. Senator Lucio, Jr. moved that HB 4290 do not pass but that CSHB 4290 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 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 SJR 29. Senator Lucio, Jr. sent up a committee substitute; the chair moved adoption of the committee substitute; without objection, it was so ordered. Senator Carona moved that SJR 29 do not pass but that CSSJR 29 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 8 ayes, 1 nay, 0 present not voting, and 0 absent.
The chair laid out as a matter of pending business SB 1164 and recognized the author, Senator Wentworth, to explain the bill. Senator Deuell sent up a committee substitute; the chair recognized Senator Wentworth to explain the difference between the committee substitute and the senate bill as filed. Senator Van de Putte sent up Committee Amendment 1 and moved adoption. The motion failed by a record vote of 4 ayes, 5 nays, 0 present not voting, and 0 absent.
Senator Deuell assumed the chair.
Senator Duncan sent up Committee Amendment 2 and moved adoption. The motion failed by a record vote of 3 ayes, 6 nays, 0 present not voting, and 0 absent. Senator Duncan sent up Committee Amendment 3 and moved adoption. The motion carried with a record vote of 7 ayes, 3 nays, 0 present not voting, and 0 absent.
Senator Duncan resumed the chair.
The chair moved to roll Committee Amendment 3 into a committee substitute; without objection, it was so ordered. Senator Lucio, Jr. then moved that the committee substitute be adopted; without objection, it was so ordered. Senator Carona moved that SB 1164 do not pass but that CSSB 1164 be reported back to the Senate with the recommendation that it do pass and be printed. The motion carried with a record vote of 6 ayes, 3 nays, 0 present not voting, and 0 absent.
Having being present while a quorum was established, Senator Fraser requested unanimous consent to be shown voting aye on the following bills: SB 2571, HB 407, HB 783, HB 1364, HB 1979, HB 2065, HB 2401, HB 2570, HB 2796, HB 2829, HB 3113, HB 488, HB 567, HB 739, HB 1058, HB 1070, HB 1191, and HB 1293; voting nay on the following bills: SB 2577 and SJR 41; without objection, it was so ordered.
Having being present while a quorum was established, Senator Carona requested unanimous consent to be shown voting aye on the following bills: SB 2577, SJR 41, HB 488, HB 567, HB 739, HB 1058, HB 1070, HB 1191, HB 1293, and HB 1294; without objection, it was so ordered.
There being no further business, at 7:35 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