On the recordJune 8, 1995
I know that the Senator represents areas similar to mine, the author of the amendment. I know that he wants the States to have powers and to change the word ``may'' to ``shall,'' as a mandate to the State. What worries me about the Senator's amendment is not that it is saying that the States shall require a finding by the authorized agency, but that States may require additional considerations to be met. The word ``may'' in this bill right now gives the State the authority to determine what findings shall be made by its designated agency. By turning this to ``shall'' I wonder if we are limiting the States' discretion in terms of the findings that shall be made by a designated agency before it permits an additional carrier. Mr. President, I do not want to argue it now. I agree with the manager of the bill to take the amendment. But I do want the Senator to know, my good friend, Senator Dorgan, that I want to look at this in conference. I believe this section is going to have to be revised in conference anyway. It is in a different form than the House bill, as I understand it. But I do think that we should not mandate States as to what their findings must be before they can deal with additional carriers. I believe that smaller States in particular would prefer to have more flexibility.
Source
govinfo.gov




