Senate Judiciary removes government-building exception from S.209, adopts draft 2.1

The Senate Judiciary Committee voted to amend S.209 by removing Subdivision B — a proposed government-building exception that senators warned was overly broad and legally vulnerable — and adopted draft 2.1 of the committee amendment.

Committee members spent substantial time debating whether language exempting buildings "controlled in whole or in part" by the state was too sweeping, potentially covering thousands of state-controlled properties (including leased spaces such as strip-mall offices) and creating enforcement and litigation risks. One senator argued the provision's breadth could make it susceptible to court challenge; others said narrowing the list risks losing the only portion of an expansion they believed had clear precedential support.

Staff circulated draft 2.1, which removes Subdivision B and shifts remaining subdivisions up. A motion to amend carried on a roll-call vote. The clerk called the roll; Senators Norris, Baruth, Matos, Becholski and Hashim recorded "Yes." The chair announced the amendment adopted and the committee proceeded to vote favorably to report draft 2.1.

The committee discussed procedural questions about whether one or two committee votes were required to report the bill as amended; staff said they would confirm procedures and prepare the committee report. The committee indicated it will continue to negotiate language and work with staff to produce a version likely to pass the full legislature.

Next steps: staff will prepare the committee report for the amended S.209 (draft 2.1) and confirm procedural steps for reporting the bill to the calendar.