Legislature(2001 - 2002)

05/10/2002 05:26 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
        HB 252-CHILDREN IN NEED OF AID: SERVICES & LIAB.                                                                    
                                                                                                                                
6:59 p.m.                                                                                                                       
                                                                                                                                
CHAIRMAN TAYLOR  said the committee  had a work draft  (Version U)                                                              
of HB 252.   He asked if Representative John  Coghill was familiar                                                              
with Version U.                                                                                                                 
                                                                                                                                
REPRESENTATIVE JOHN COGHILL, sponsor of HB 252, said he was.                                                                    
                                                                                                                                
CHAIRMAN TAYLOR asked if Representative  Coghill would prefer that                                                              
the committee work it.                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL  said he would  but wanted to make  a minor                                                              
adjustment to it.                                                                                                               
                                                                                                                                
SENATOR ELLIS moved  Version U as the working  document before the                                                              
committee.                                                                                                                      
                                                                                                                                
There being  no objection,  Version U was  adopted as  the working                                                              
document before the committee.                                                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL said HB  252 dealt  with Title  47 dealing                                                              
with  protection   of  children.    He  said   children  had  been                                                              
emphasized to the point that parents  were being excluded from the                                                              
process.   He said HB  252 attempted  to include parents  with the                                                              
intent language  and the  construct language in  Sec. 2.   He said                                                              
there was new language  on page 2 that would allow  the parents to                                                              
participate in  the child's upbringing  once the child was  in the                                                              
jurisdiction of  the court if it  was within the best  interest of                                                              
the child.  He felt that was appropriate.                                                                                       
                                                                                                                                
CHAIRMAN TAYLOR  asked if  he had an  amendment to present  to the                                                              
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL  said the words "by the  department" should                                                              
be  struck on  page  5,  line 4  because  that would  specify  the                                                              
Department of  Health & Social Services.   He said  many agencies,                                                              
including   local  police   officers,  were   involved  in   these                                                              
situations.                                                                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR moved  Amendment 1  to strike  the words "by  the                                                              
department"  on  page 5,  line  4.   He  asked  if there  was  any                                                              
objection to Amendment 1.                                                                                                       
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CHAIRMAN   TAYLOR  asked   if  there   were   any  other   changes                                                              
Representative Coghill wished to make.                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL said there were none.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR asked Ms. Susan Cox to provide testimony.                                                                       
                                                                                                                                
TAPE 02-30, SIDE A                                                                                                            
                                                                                                                              
7:02 p.m.                                                                                                                       
                                                                                                                                
MS. SUSAN  COX, Assistant Attorney  General, Civil  Division, DOL,                                                              
said HB 252 had been changed many  times by many committees in the                                                              
House of  Representatives.   She  said Amendment  1 and the  other                                                              
changes made in the work draft were acceptable to DOL.                                                                          
                                                                                                                                
SENATOR ELLIS asked about the word  "construction" on page 1, line                                                              
1 in the  title.  He said he  had never seen that term  in a title                                                              
before.                                                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR said  it  meant the  intent.   He  said the  word                                                              
"construction"  was often used  in terms of  how the law  would be                                                              
construed, not how it was drafted or developed.                                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL  said there were so many  new provisions in                                                              
Title 47 that they began with the construction language.                                                                        
                                                                                                                                
CHAIRMAN TAYLOR asked if the changes  to Version U would require a                                                              
title change.                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL said they would not.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  asked if there was  any further discussion  on HB
252.   There was  none.  He  asked if there  was anybody  else who                                                              
wished to testify on HB 252.  There was nobody.                                                                                 
                                                                                                                                
SENATOR  COWDERY moved  SCS CSHB  252(JUD) out  of committee  with                                                              
attached zero fiscal notes and individual recommendations.                                                                      
                                                                                                                                
There  being  no  objection,  SCS   CSHB  252(JUD)  moved  out  of                                                              
committee  with   attached  zero   fiscal  notes  and   individual                                                              
recommendations.                                                                                                                

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