Legislature(1993 - 1994)
03/19/1993 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 67: ELIGIBILITY FOR PUBLIC ASSISTANCE Number 465 REPRESENTATIVE NORDLUND asked if the committee was working off of CSHB 67 (JUD). REPRESENTATIVE PHILLIPS reminded the committee that they had adopted CSHB 67 (JUD) at the last meeting where HB 67 had been discussed. REPRESENTATIVE NORDLUND noted that the AMENDMENT which he had just distributed pertained to CSHB 67 (HES). He said that his amendment would delay the effective date of the bill. He stated that the bill before the committee would take effect on July 1, 1993. His amendment would change the effective date to January 1, 1994, he said. He added that the reason he was offering the amendment was to give welfare recipients sufficient time to plan for the drastic reduction to their monthly income. He noted that his amendment would result in a reduction of savings to the state. Number 504 REPRESENTATIVE GREEN suggested changing the reference in the proposed amendment from "page 3, line 26" to "page 3, line 24". REPRESENTATIVE NORDLUND commented that he had not altered his amendments to comport with CSHB 67 (JUD). He noted that staff had informed him that Representative Green's change would be appropriate. Number 520 REPRESENTATIVE JAMES commented that Representative Nordlund's amendment would result in the savings to the state for fiscal year 1994 being decreased by half, or $217,000. Savings to the state for future fiscal years would remain the same, she added. REPRESENTATIVE NORDLUND indicated that his understanding was the same as that of Representative James. Number 531 MS. HANSEN commented that Representative James' calculations referred only to the interim assistance section of HB 67. She noted that the ratable reduction portion of the bill would result in an $8.6 million dollar savings to the state for fiscal year 1994, and that the adult public assistance section of the bill would result in a $4 million savings to the state for the same fiscal year. MS. HANSEN said that if Representative Nordlund's amendment was adopted, it would reduce the savings to the state for fiscal year 1994 by half, but she reminded the committee members that there were six fiscal notes attached to HB 67. REPRESENTATIVE JAMES expressed serious concerns about Representative Nordlund's amendment. Number 554 REPRESENTATIVE DAVIDSON asked how Representative Nordlund's amendment would affect a 77-year-old woman living at the Glory Hole homeless shelter in Juneau, who had been mentioned at the last meeting at which HB 67 had been discussed. MS. HANSEN could not speak to that particular individual. However, she commented that the smallest impact for an Aid to Families with Dependent Children (AFDC) recipient would be $53 per month, and the largest impact would be $175 per month. She said that an individual on Aid to the Disabled would receive $43 less per month. REPRESENTATIVE NORDLUND MOVED his AMENDMENT. REPRESENTATIVE PHILLIPS OBJECTED. A roll call vote was taken. Representatives Nordlund and Davidson voted "YEA." Representatives Green, Phillips, Kott, James, and Porter voted "NAY." And so, the AMENDMENT FAILED. CHAIRMAN PORTER noted that the rules provided that a committee member participating by telephone could vote on amendments or other procedural items, but could not participate in a vote to move a bill, as that required a signature. Number 601 REPRESENTATIVE DAVIDSON asked the Chairman to clarify what the action of not adopting the amendment meant. Number 603 CHAIRMAN PORTER replied that the committee had before it CSHB 67 (JUD), dated March 11, 1993. Number 605 REPRESENTATIVE DAVIDSON asked if the effective date would be July 1, 1993. Number 606 CHAIRMAN PORTER replied in the affirmative. Number 609 REPRESENTATIVE NORDLUND OFFERED ANOTHER AMENDMENT. He said that his amendment would bring HB 67 back to the form in which it was initially introduced by the governor. He said that the amendment would allow for a one-year suspension of the cost of living allowance (COLA), after which there would be automatic COLAs in future years. He noted that the DHSS had indicated that they would support his amendment. He commented that state employees received COLAs as a result of the contract negotiating process. However, he noted that public assistance recipients had no one who would bargain for COLAs on their behalf. Number 637 REPRESENTATIVE PHILLIPS stated that Representative Nordlund's amendment appeared to be essentially identical to an amendment that he had offered during the previous meeting on HB 67. She said that the other amendment had already been voted down. Number 642 REPRESENTATIVE NORDLUND responded that the amendments were not identical. Number 650 REPRESENTATIVE PHILLIPS countered that the committee had already voted down parts of Representative Nordlund's currently proposed amendment. Number 657 CHAIRMAN PORTER ruled that he would allow the amendment to be considered, as it was not identical to the previously offered amendment. Number 659 REPRESENTATIVE JAMES expressed concern that the Judiciary Committee was overstepping its bounds. She said that HB 67 had received considerable testimony and discussion in the HESS Committee, which was the committee she believed should handle substantive changes to the bill. Number 668 REPRESENTATIVE NORDLUND commented that protocol in the House allowed any committee to make any amendments that it wished, regardless of the nature of the amendments. Number 676 REPRESENTATIVE JAMES reiterated her belief that the HESS Committee should be the one making substantive changes to the bill, and that the Judiciary Committee should look at the judicial aspects of it. Number 690 REPRESENTATIVE PHILLIPS cited a rule from Mason's Manual which held that once an amendment was defeated, that same amendment could not be brought before a body. She said that in essence, Representative Nordlund's recent amendment was identical to one which he had offered at an earlier meeting. Number 697 REPRESENTATIVE DAVIDSON commented that some members of the Judiciary Committee were overly concerned with actions taken by other committees. He noted that just as the House did not jump in and swim with the Senate, neither did the Judiciary Committee have to jump in and swim with other committees. He said that the committee process allowed the issues to bounce back and forth, making the process a healthy one. He hoped that committee members would not be overly prejudiced by the work of other committees, and give each bill before the Judiciary Committee a thorough review. REPRESENTATIVE DAVIDSON asked Ms. Hansen to comment on the effect of HB 67 on the 77-year-old woman who lived at the Glory Hole. He asked Ms. Hansen to compare her monthly payment today, with what it would be in 1996. TAPE 93-38, SIDE A Number 000 MS. HANSEN could not speak to that particular individual's situation. Number 010 REPRESENTATIVE DAVIDSON cited more specifics of the particular individual's situation. He said that the woman was a 77-year-old welfare recipient, with no other dependents and no visible means of support. He asked Ms. Hansen to describe the monthly benefit that that person would receive today, and in 1996, if HB 67 was enacted. MS. HANSEN replied that a 77-year-old individual receiving Adult Public Assistance benefits would receive $778 per month today. Under CSHB 67 (JUD), she said, the amount would remain the same, except that part of the $778 was federally funded, and therefore eligible for a federal COLA. Approximately 3% would be added to the $447 in federal funds, she said. Number 059 REPRESENTATIVE NORDLUND MOVED HIS AMENDMENT. Number 065 REPRESENTATIVE PHILLIPS OBJECTED. Number 067 REPRESENTATIVE NORDLUND asked Ms. Hansen to convey the DHSS' position on his amendment. Number 072 MS. HANSEN said that the DHSS supported the governor's original HB 67. A roll call vote was taken. Representatives Nordlund and Davidson voted "YEA." Representatives Green, Kott, Phillips, James, and Porter voted "NAY." And so, the AMENDMENT FAILED. CHAIRMAN PORTER announced that the committee now had the unamended CSHB 67 (JUD) before it. Number 095 REPRESENTATIVE PHILLIPS made a MOTION to MOVE CSHB 67 (JUD) out of committee with individual recommendations. REPRESENTATIVE NORDLUND OBJECTED. A roll call vote was taken. Representatives Kott, Green, Phillips, James, and Porter voted "YEA." Representative Nordlund voted "NAY." And so, CSHB 67 (JUD) MOVED out of committee. Number 110 CHAIRMAN PORTER announced that HB 136 was the next item of business before the committee.
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