Legislature(1999 - 2000)

01/27/2000 08:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                                   
                  January 27, 2000                                                                                              
                     8:05 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative Joe Green                                                                                                        
Representative Jim Whitaker                                                                                                     
Representative Beth Kerttula                                                                                                    
Representative Hal Smalley                                                                                                      
Representative Scott Ogan                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Bill Hudson                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 259                                                                                                              
"An Act relating to a parent's eligibility to be represented by the                                                             
public defender before and during the probable cause and temporary                                                              
placement hearing that is held after the state takes emergency                                                                  
custody of a child."                                                                                                            
                                                                                                                                
     - MOVED CSHB 259(STA) OUT OF COMMITTEE (NO CHANGES MADE)                                                                   
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 259                                                                                                                    
SHORT TITLE: PUBLIC DEFENDER CHILDREN'S PROCEEDINGS                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/10/00      1887     (H)  PREFILE RELEASED 12/30/99                                                                           
 1/10/00      1887     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/10/00      1887     (H)  STA, JUD, FIN                                                                                       
 1/25/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 1/25/00               (H)  Moved CSHB 259(STA) Out of Committee                                                                
 1/25/00               (H)  MINUTE(STA)                                                                                         
 1/27/00               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE JOHN COGHILL                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 416                                                                                                      
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  As sponsor of HB 259, clarified intent.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-2, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR JEANNETTE JAMES called the House State Affairs Standing                                                                   
Committee meeting to order at 8:05 a.m.  Members present at the                                                                 
call to order were Representatives James, Whitaker, Kerttula and                                                                
Smalley.  Representatives Green and Ogan arrived as the meeting was                                                             
in progress.                                                                                                                    
                                                                                                                                
HB 259 - PUBLIC DEFENDER CHILDREN'S PROCEEDINGS                                                                                 
                                                                                                                                
Number 0017                                                                                                                     
                                                                                                                                
CHAIR JAMES brought before the committee HOUSE BILL NO. 259, "An                                                                
Act relating to a parent's eligibility to be represented by the                                                                 
public defender before and during the probable cause and temporary                                                              
placement hearing that is held after the state takes emergency                                                                  
custody of a child."  [Following adoption of an amendment to HB 259                                                             
at the previous hearing, CSHB 259(STA) had been moved from the                                                                  
committee; however, a memorandum from Terri Lauterbach, Legislative                                                             
Counsel, accompanying a draft of the committee substitute (CS), had                                                             
recommended further clarification.]                                                                                             
                                                                                                                                
CHAIR JAMES asked the sponsor whether he believes the parents in                                                                
question should repay the state if it is determined they aren't                                                                 
eligible for the services of the Public Defender Agency.                                                                        
                                                                                                                                
Number 0185                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHN COGHILL, Alaska State Legislature, sponsor,                                                                 
agreed that was his intent.  He said although he still believes the                                                             
language reflects that, he is open to discussion.                                                                               
                                                                                                                                
CHAIR JAMES suggested the committee, if in agreement, could provide                                                             
a conceptual amendment to Ms. Lauterbach clarifying the sponsor's                                                               
intention.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA made a motion to rescind the committee's                                                                
action [moving CSHB 259(STA) from committee on January 25, 2000]                                                                
and to bring the bill back before the committee for correction.                                                                 
                                                                                                                                
Number 0287                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER asked whether the new CS would come back                                                                
for final approval or would simply move from this committee.                                                                    
                                                                                                                                
CHAIR JAMES answered that everyone could look at it as soon as the                                                              
committee received it, before passing it on.  However, she wouldn't                                                             
expect to bring it back for another meeting.                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN responded that he wouldn't go that route, as                                                               
he wanted to see the amendment.  If it took two minutes to                                                                      
reconvene and bring it before the committee the next time, he                                                                   
suggested that should be done.                                                                                                  
                                                                                                                                
CHAIR JAMES pointed out a further option of not rescinding the                                                                  
previous action but letting the House Judiciary Standing Committee                                                              
fix the bill.  She mentioned sending along the memorandum from                                                                  
Terri Lauterbach.                                                                                                               
                                                                                                                                
Number 0453                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER asked Representative Coghill his                                                                        
preference, given those choices.                                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL said it would fit in either case.  He                                                                    
expressed willingness to move it along, in conjunction with the                                                                 
concept brought up in Ms. Lauterbach's memorandum, which he                                                                     
indicated meets with his intent.                                                                                                
                                                                                                                                
CHAIR JAMES said she doesn't want to be responsible for its                                                                     
languishing in committee, but she likes to pass legislation out of                                                              
her committee that doesn't need to be fixed.                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN commented, "I tend to agree with the sponsor,                                                              
because I asked that very question of our attorney, and he said it                                                              
was covered."  He suggested the House Judiciary Standing Committee                                                              
is the place to determine whether it is or isn't covered.                                                                       
                                                                                                                                
CHAIR JAMES inquired about the wishes of the rest of the committee.                                                             
She pointed out that they could turn down the motion to rescind the                                                             
previous action.                                                                                                                
                                                                                                                                
Number 0657                                                                                                                     
                                                                                                                                
REPRESENTATIVE SMALLEY said he would support the motion to rescind,                                                             
however, because he believes it is the committee's responsibility                                                               
to fix the bill.  He suggested that wouldn't delay it that much.                                                                
                                                                                                                                
REPRESENTATIVE GREEN voiced his opinion that a state affairs                                                                    
committee should look at what is best for the state, regardless of                                                              
the legal language, which should be addressed by a judiciary                                                                    
committee.                                                                                                                      
                                                                                                                                
CHAIR JAMES said she wishes it were that way, but it isn't. She                                                                 
indicated committees deal with all parts of bills that they pass.                                                               
                                                                                                                                
Number 0831                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN suggested that when signing the committee                                                                   
report, members put "amend."  Furthermore, changes could be made on                                                             
the House floor.  He would have no objection to moving this bill                                                                
on, he said, with the caveat that the problem be taken care of.                                                                 
                                                                                                                                
CHAIR JAMES noted that a vote would be needed on whether to rescind                                                             
the previous action.                                                                                                            
                                                                                                                                
REPRESENTATIVE OGAN said he would support rescinding the action for                                                             
purposes of signing the committee report with a recommendation of                                                               
amending it.  He would also support moving it out afterwards.                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA expressed support for Chair James'                                                                      
comments, then suggested this might go faster if the current                                                                    
committee fixed it rather than waiting for the House Judiciary                                                                  
Standing Committee to do so.                                                                                                    
                                                                                                                                
REPRESENTATIVE WHITAKER asked whether Chair James agrees that the                                                               
bill would move more quickly in that case.                                                                                      
                                                                                                                                
Number 0909                                                                                                                     
                                                                                                                                
CHAIR JAMES said her own position is that she doesn't want the bill                                                             
to languish, as she believes this is important legislation.  She                                                                
doesn't know how soon this could be heard in the House Judiciary                                                                
Standing Committee, or what the attitudes of those members will be.                                                             
Another concern is that the sponsor believes and has a legal                                                                    
opinion that the bill covers the intent.  Having read the CS, she                                                               
herself agrees with Terri Lauterbach, however, that it doesn't say                                                              
that specifically and therefore it must be assumed.  "When you                                                                  
assume something, that doesn't necessarily mean it's so," she                                                                   
cautioned.  "It could be read either way."  She surmised such a                                                                 
decision would be at the policy or regulation level.                                                                            
                                                                                                                                
CHAIR JAMES clarified that her first choice is to rescind the                                                                   
previous action, pass a conceptual amendment, and then have                                                                     
everyone look at the subsequent CS before passing it on to the next                                                             
committee.  On the other hand, if this will make the bill languish                                                              
- about which she is uncertain - then she is willing to do nothing,                                                             
which to her means not rescinding the action.  She said rescinding                                                              
the action and saying the bill needs to be amended is embarrassing                                                              
and would make her feel derelict in her duties.                                                                                 
                                                                                                                                
Number 1043                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN responded that he respectfully but vehemently                                                              
disagrees.  Almost every committee he has served on has passed                                                                  
legislation on to the House Finance Committee, at the least, for                                                                
review because of a fiscal note or some other issue.  Commonly                                                                  
legislation is passed on either with a letter or, as Representative                                                             
Ogan indicated, with recommendations to amend it.  Although he                                                                  
agreed this can be fixed, he emphasized that it isn't uncommon to                                                               
pass legislation on to the House Judiciary Standing Committee, for                                                              
example.                                                                                                                        
                                                                                                                                
CHAIR JAMES pointed out that she has been on the House Judiciary                                                                
Standing Committee most of the eight years of her legislative                                                                   
service too.  There, they have passed numerous bills with                                                                       
conceptual amendments, then looked at the CS before it is moved to                                                              
the next committee.                                                                                                             
                                                                                                                                
Number 1138                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA said she views this as the prerogative of                                                               
the chair.  On behalf of both herself and Representative Smalley,                                                               
she expressed willingness to follow Chair James' decision on this.                                                              
                                                                                                                                
CHAIR JAMES indicated she would let the vote of the committee                                                                   
decide.  She called a brief at-ease. [Small section of blank tape                                                               
due to recorder malfunction.]  After calling the meeting back to                                                                
order, she requested a roll call vote on the motion to rescind the                                                              
committee's action on January 25, 2000, in moving CSHB 259(STA)                                                                 
from committee.  Voting to rescind the action were Representatives                                                              
Kerttula, Smalley and James.  Voting against it were                                                                            
Representatives Green, Whitaker and Ogan.  Therefore, the motion                                                                
failed by a vote of 3-3.  Chair James announced that the committee                                                              
would move CSHB 259(STA) forward as-is that day.                                                                                
                                                                                                                                
Number 1332                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL stated:                                                                                                  
                                                                                                                                
     Just for the record, I would like to just say that                                                                         
     conceptually I agree that there needs to be an amendment.                                                                  
     And what I will be carrying on with this is, "If                                                                           
     determination is made that the natural or adoptive parent                                                                  
     is not indigent, he or she shall reimburse the Public                                                                      
     Defender Agency ... at the applicable billing rate." ...                                                                   
     That is my intent anyway.  So, if that's needed, I'll                                                                      
     take that into the Judiciary Committee.                                                                                    
                                                                                                                                
CHAIR JAMES commented that if there is any question about anything,                                                             
it is always better to make it clearer.  "So, if you think it                                                                   
already says that, and other people think it doesn't, you'd better                                                              
be sure it says that; that's my advice," she concluded.  [CSHB
259(STA), unamended at this meeting, was again moved from                                                                       
committee.]                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1351                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 8:25 a.m.                                                             
                                                                                                                                

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