MINORITY REPORT TO CONFERENCE COMMITTEE REPORT

H.B. 2621; illegal liquor sales; liability

H. B. 2621 became a “Christmas Tree” bill with the Conference Committee amendment.  Both H. B. 2740; spirituous liquor; restaurant license; grills and S. B. 1042; repeat DUI offenders; lower BAC were patched onto it.  All three of these bills were originally separate bills.  I object to the flawed procedure of patching bills together to address two, three, or more separate subjects.

The House Rules Attorney issued an advisory opinion that the D.U.I. sections were not germane to the combined bill and could possibly violate House Rule 16.d.  That opinion further muddies the bill structure.

Prior to including the provisions from H.B. 2740, I felt that not enough effort had been expended on this bill to work with the cities, towns and neighborhood residents and groups to develop a process that would alleviate their concerns.  Testimony was given in the conference committee that those concerns had not been met with the passage of this bill.

In conclusion, the final version of H.B. 2621, H.B. 2740, and S.B. 1042 is not a clean bill.  I believe this legislature can do better.

            Dated:  May 22, 2006

Senator Marsha Arzberger