Legislature(1997 - 1998)

05/07/1998 04:10 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                       
                     May 7, 1998                                               
                      4:10 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Robin Taylor, Chairman                                                 
Senator Sean Parnell                                                           
Senator Mike Miller                                                            
Senator Johnny Ellis                                                           
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Drue Pearce, Vice-Chairman                                             
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR HOUSE BILL NO. 203(JUD)                                                 
"An Act relating to actions for unlawful trade practices."                     
                                                                               
     - MOVED SCS CSHB 203(JUD) OUT OF COMMITTEE                                
                                                                               
CS FOR HOUSE BILL NO. 122(JUD)                                                 
"An Act relating to prisoner litigation, post-conviction relief,               
and sentence appeals; relating to violation of certain testing                 
orders for those convicted of certain crimes; relating to probation            
and parole conditions and revocation of parole; amending Rule                  
10(e), Alaska Administrative Rules, Rule 502(b), Alaska Rules of               
Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and             
Rules 32 and 35, Alaska Rules of Criminal Procedure."                          
                                                                               
     - MOVED CSHB 122(JUD) OUT OF COMMITTEE                                    
                                                                               
CS FOR HOUSE BILL NO. 383(JUD)                                                 
"An Act relating to expected deaths that occur at home."                       
                                                                               
     - MOVED CSHB 383(JUD) OUT OF COMMITTEE                                    
                                                                               
CS FOR HOUSE BILL NO. 375(FIN) am(reengrossed)                                 
"An Act relating to children-in-need-of-aid matters and                        
proceedings; relating to child abuse and neglect; relating to                  
kidnapping and the crime of endangering the welfare of a child;                
relating to sentencing for certain crimes; relating to the state               
medical examiner and reviews of child fatalities; relating to                  
modification of child support orders by the child support                      
enforcement agency; relating to access to, confidentiality of, and             
release of certain information concerning children, child abuse and            
neglect, and child fatalities; authorizing the Department of Health            
and Social Services to enter into an interstate compact concerning             
adoption and medical assistance for certain children with special              
needs; relating to the review of cases involving certain children              
who are in the custody of the state; authorizing the establishment             
of multidisciplinary child protection teams and relating to their              
duties; relating to persons required to report suspected child                 
abuse or neglect; relating to foster care and foster parents;                  
relating to access to certain criminal justice information and                 
licensure of certain child care facilities; amending Rule 218,                 
Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10,              
15, 18, 19, and 22, Alaska Child in Need of Aid Rules."                        
                                                                               
     - HEARD AND HELD                                                          
                                                                               
SENATE BILL NO. 272                                                            
"An Act relating to children in need of aid matters and                        
proceedings; relating to murder of children, criminally negligent              
homicide, kidnapping, criminal nonsupport, the crime of indecent               
exposure, and the crime of endangering the welfare of a child;                 
relating to registration of certain sex offenders; relating to                 
sentencing for certain crimes involving child victims; relating to             
the state medical examiner and reviews of child fatalities;                    
relating to teacher certification and convictions of crimes                    
involving child victims; relating to access, confidentiality, and              
release of certain information concerning the care of children,                
child abuse and neglect, and child fatalities; authorizing the                 
Department of Health and Social Services to enter into an                      
interstate compact concerning adoption and medical assistance for              
certain children with special needs; authorizing the establishment             
of a multidisciplinary child protection team to review reports of              
child abuse or neglect; relating to immunity from liability for                
certain state actions concerning matters involving child protection            
and fatality reviews and children in need of aid; relating to                  
persons required to report suspected child abuse or neglect;                   
relating to foster care placement and to payment for children in               
foster and other care and the waiver of certain foster care                    
requirements; relating to the access to certain criminal justice               
information and licensure of certain child care facilities;                    
amending Rule 218, Alaska Rules of Appellate Procedure; amending               
Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and             
providing for an effective date."                                              
                                                                               
     - MOVED SB 272 OUT OF COMMITTEE                                           
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB 203 - See Labor and Commerce Committee minutes dated 5/5/98.                
                                                                               
HB 122 - No previous action to record.                                         
                                                                               
HB 383 - No previous action to record.                                         
                                                                               
HB 375 - See Judiciary minutes dated 5/4/98.                                   
                                                                               
SB 272 - See HESS minutes dated 4/8/98 and Judiciary minutes dated             
         5/4/98.                                                               
                                                                               
WITNESS REGISTER                                                               
                                                                               
Mr. Daveed Schwartz, Assistant Attorney General                                
Department of Law                                                              
1031 W. 4th Ave., Suite 200                                                    
Anchorage, AK 99501                                                            
POSITION STATEMENT: Supported HB 203.                                          
                                                                               
Ms. Peggy Mulligan                                                             
Alaska Association of Retired Persons (AARP)                                   
1208 Second St.                                                                
Douglas, AK 99824                                                              
Supported HB 203.                                                              
POSITION STATEMENT: Supported HB 203.                                          
                                                                               
Ms. Marie Darlin                                                               
National Association of Retired Federal Employees                              
POSITION STATEMENT: Supported HB 203.                                          
                                                                               
Ms. Pam La Bolle                                                               
Alaska State Chamber of Commerce                                               
217 Second Street #201                                                         
Juneau, AK 99801                                                               
POSITION STATEMENT: Commented on HB 203.                                       
                                                                               
Ms. Anne Carpeneti, Assistant Attorney General                                 
Department of Law                                                              
Criminal Division                                                              
P.O. Box 110300                                                                
Juneau, AK 99811-0300                                                          
POSITION STATEMENT: Supported HB 203.                                          
                                                                               
Mr. Elmer Lindstrom, Special Assistant                                         
Department of Health and Social Services                                       
P.O. Box 110601                                                                
Juneau, AK 99811-0601                                                          
POSITION STATEMENT: Supported HB 375.                                          
                                                                               
Ms. Susan Wibker, Assistant Attorney General                                   
Department of Law                                                              
P.O. Box 110300                                                                
Juneau, AK 99811-0300                                                          
POSITION STATEMENT: Supported HB 375                                           
                                                                               
Mr. Stephen Wallace, Assistant Attorney General                                
Department of Law                                                              
Human Services Division                                                        
1031 W 4th                                                                     
Anchorage, AK 99701-4679                                                       
POSITION STATEMENT: Supported HB 375.                                          
                                                                               
Ms. Lisa Nelson, Assistant Attorney General                                    
Department of Law                                                              
Human Services Division                                                        
1031 W 4th                                                                     
Anchorage, AK  99701                                                           
POSITION STATEMENT: Supported HB 375.                                          
                                                                               
Mr. Harry Niehaus                                                              
Fairbanks, AK 99701                                                            
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
Mr. Walter Gauthier                                                            
Guardians of Family Rights                                                     
Homer, AK 99603                                                                
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
Ms. Marci Schmidt                                                              
2040 wasilla Fishhook Rd.                                                      
Wasilla, AK  99687                                                             
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
Ms. Carol Palmer                                                               
PO Box 2402                                                                    
Palmer, AK  99645                                                              
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
Ms. Jane Burchard                                                              
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
Mr. Scott Calder                                                               
PO Box 75011                                                                   
Fairbanks, AK 99707                                                            
POSITION STATEMENT: Opposed HB 375.                                            
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-54, SIDE A                                                             
Number 001                                                                     
                                                                               
       CSHB 203(JUD) - ACTIONS FOR UNLAWFUL TRADE PRACTICES                    
                                                                               
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                
order at approximately 4:10 p.m. and announced CSHB 203(JUD) to be             
up for consideration.                                                          
                                                                               
REPRESENTATIVE DYSON said only two part-time people work in the                
Consumer Protection Division of the Attorney General's Office.                 
This bill is an effort to privatize some portions of that office to            
allow consumers to protect themselves from fraud.  HB 203 removes              
the $200 limit that made it virtually impractical to get legal                 
assistance when going after an alledged perpetrator when one is a              
victim of fraud.  It allows for the recovery of damages, reasonable            
costs, and some punitive damage.  It also allows for injunctive                
relief, if there is a conviction, if the magistrate agrees.  HB 203            
also allows a person who is not a party to the fraud to seek the               
injunctive relief.  REPRESENTATIVE DYSON added that frivolous                  
lawsuits are dealt with too.                                                   
                                                                               
REPRESENTATIVE DYSON said the Alaska State Chamber of Commerce does            
not oppose this.                                                               
                                                                               
SENATOR ELLIS said he supported the bill as he represents a lot of             
senior citizens who have been victimized.                                      
                                                                               
REPRESENTATIVE DYSON said he wanted to put together a task force to            
act as a clearinghouse to help people get this kind of protection.             
                                                                               
Number 140                                                                     
                                                                               
CHAIRMAN TAYLOR asked if the punitive damage section was different             
from last year's tort reform bill.                                             
                                                                               
REPRESENTATIVE DYSON said he thought it was identical.                         
                                                                               
CHAIRMAN TAYLOR replied he thought it was different.                           
                                                                               
SENATOR PARNELL asked CHAIRMAN TAYLOR if he wanted the language to             
mirror the past tort reform legislation.                                       
                                                                               
CHAIRMAN TAYLOR answered yes.                                                  
                                                                               
REPRESENTATIVE DYSON said punitive damages would be awarded in                 
addition to the actual damages going to the victim.  The intention             
is to discourage people from looking for lawsuits to file.                     
                                                                               
SENATOR PARNELL questioned why language was needed on page 2, lines            
10-13, saying the Commissioner of Administration should simply                 
account for that money.                                                        
                                                                               
REPRESENTATIVE DYSON said that was put in by the House Judiciary               
Committee and it mirrored tort reform language that passed.                    
                                                                               
CHAIRMAN TAYLOR noted that this bill was not limited to                        
telemarketing frauds.                                                          
                                                                               
Number 261                                                                     
                                                                               
MR. DAVEED SCHWARTZ, Department of Law (DOL), said DOL supports HB
203 because it enhances a private litigant's ability to enforce                
consumer rights.  He said encouraging private enforcement of                   
consumer protection matters is particularly important at a time                
when State resources devoted to consumer protection are                        
significantly less than in years passed.                                       
                                                                               
CHAIRMAN TAYLOR asked him if three times actual damages was per act            
or per cause.                                                                  
                                                                               
MR. SCHWARTZ replied that the language referred to each unlawful               
act.                                                                           
                                                                               
CHAIRMAN TAYLOR said it looks like this provision has to do with               
class actions and that one would literally be allowed to get three             
times the actual damages for each act.                                         
                                                                               
MR. SCHWARTZ responded there hasn't been a lot of litigation under             
531(A) and that section is not limited to class actions.  It could             
be an individual's action.                                                     
                                                                               
CHAIRMAN TAYLOR noted that is current law.                                     
                                                                               
MR. SCHWARTZ said the willfulness requirement would be eliminated              
under the proposed change.                                                     
                                                                               
Number 336                                                                     
                                                                               
MS. PEGGY MULLIGAN, Capital City Task Force, AARP, noted the                   
committee already received its position paper in support of HB 203             
which goes a long way in helping Alaskans to fight fraud.  HB 203              
may also act as a deterrent to unlawful practices because it allows            
people to take these cases to court.                                           
                                                                               
MS. MARIE DARLIN, NARFP, supported Ms. Mulligan's comments                     
regarding HB 203.                                                              
                                                                               
Number 367                                                                     
                                                                               
SENATOR PARNELL moved to delete the section on page 2, lines 10-13,            
that requires the Commissioner of Administration to separately                 
account for the money and for the Legislature to direct the money.             
There were no objections therefore Amendment #1 passed.                        
                                                                               
SENATOR PARNELL said Section 45.50.531 (Rule 82) might be taking a             
step backward in terms of awarding fees and costs compared to                  
current law.                                                                   
                                                                               
MS. PAM LABOLLE, Alaska State Chamber of Commerce, said it had a               
problem in House Judiciary because Rule 82 was not applicable.  The            
prevailing plaintiff gets attorney fees, the prevailing defendant              
must pay his/her own.  The inclusion of Rule 82 was an attempt to              
fix that but it's possible that it doesn't totally fix the problem.            
                                                                               
Number 441                                                                     
                                                                               
REPRESENTATIVE DYSON said that provision was and attempt to help               
the "little guy" who was going up against multiple attorneys on                
retainer and was afraid he would lose and have to pay court costs.             
                                                                               
CHAIRMAN TAYLOR said he thought the attorney fee section was a                 
direct modification of Rule 82.                                                
                                                                               
MS. LABOLLE explained the Chamber's intent was to protect mom and              
pop organizations.                                                             
                                                                               
SENATOR PARNELL said he thought it was a step backwards, because               
the court may award the prevailing party all or a portion of the               
fees.                                                                          
                                                                               
Number 528                                                                     
                                                                               
SENATOR PARNELL moved to pass CSHB 203(JUD) from committee with                
individual recommendations.  There were no objections and it was so            
ordered.                                                                       
                                                                               
         CSHB 122(JUD) - PRISONERS: LITIGATION & DEBTS                         
                                                                               
CHAIRMAN TAYLOR announced HB 122 to be up for consideration.                   
                                                                               
MS. ANNE CARPENETI, Department of Law, said HB 122 has two basic               
themes relating to laws that were passed in 1995 regarding                     
prisoner litigation.  These laws limit frivolous lawsuits and                  
require 20 percent of a prisoner's jail account for a filing fee,              
a system that has worked fairly well.  HB 122 adds to the                      
information prisoners must submit when they apply for an exemption             
from a filing fee to include money in accounts outside the prison              
and expands the definition of litigation against the State to                  
specifically include particular forms of appellate litigation. It              
also addresses the DNA testing bill making it easier for the State             
to introduce DNA profile evidence in a prosecution.  It also set up            
a DNA bank in the Department of Public Safety but it did not                   
provide any enforcement procedures to get people to submit to DNA              
testing and prisoners are refusing to submit samples.  HB 122                  
provides enforcement mechanisms to get those samples: it is a                  
required condition of parole and probation; and it requires the                
court to order a convicted felon to submit a sample for the DNA                
bank as a part of sentencing.  Cheek swabs are normally used, so               
it's not an intrusive procedure.  DNA evidence has been helpful in             
solving crimes.                                                                
                                                                               
SENATOR ELLIS asked if the DNA collection was strictly prospective.            
                                                                               
MS. CARPENETI said it applies to people who convicted of certain               
crimes after the passage date.                                                 
                                                                               
SENATOR ELLIS asked if there is a plan to collect evidence that                
might exonerate people who may have been wrongly convicted.  He                
said this is very important if the death penalty is reinstated in              
Alaska.                                                                        
                                                                               
MS. CARPENETI answered this bill does not address that issue and               
she wasn't aware of any plans in that area.  It applies to people              
who convicted of a crime after 1995.                                           
                                                                               
SENATOR ELLIS asked if this kind of measure had been challenged and            
upheld through the federal courts.                                             
                                                                               
MS. CARPENETI said she would find that out for him.                            
                                                                               
SENATOR PARNELL added that hundreds of samples had been collected              
to date and asked how widespread the problem is.                               
                                                                               
MS. CARPENETI replied that some people are cooperating, but it is              
a significant enough problem.  They were unable to get it ordered              
in a case last September and were getting less cooperation as a                
result.                                                                        
                                                                               
TAPE 98-54, SIDE B                                                             
Number 579                                                                     
                                                                               
SENATOR PARNELL moved to pass CSHB 122(Jud) from committee with                
individual recommendations.  There were no objections and it was so            
ordered.                                                                       
            HB 383 -EXPECTED DEATHS THAT OCCUR AT HOME                         
                                                                               
CHAIRMAN TAYLOR announced HB 383 to be up for consideration.                   
                                                                               
REPRESENTATIVE GARY DAVIS, sponsor, said when a person is                      
terminally ill and at home and has a relatively short life                     
expectancy, various home health services are available.  Currently,            
a lot of these services believe that when a death occurs, they are             
required to call the police department to investigate the death, an            
invasive procedure to the family.  Police confiscate medications,              
view and photograph the body, etc.  HB 383 puts a plan in place and            
creates an "expected death form" to be signed by the attending                 
physician and the terminally ill person.  The signed form is filed             
with the local police department or whatever agency is in charge of            
that area and negates the need for police notification at the time             
of death.                                                                      
                                                                               
SENATOR ELLIS asked if this would preclude the ability of police to            
determine if an assisted suicide took place.                                   
                                                                               
REPRESENTATIVE DAVIS said objections from the "hemlock society"                
have been expressed.  He said home health service professionals                
have the same training and ethics code as hospital staff.  He                  
thought that would not be an issue because of the professional                 
nature of the people in charge.                                                
                                                                               
SENATOR ELLIS said statistically an assisted suicide is more likely            
to happen at a private residence rather than a licensed health care            
facility.                                                                      
                                                                               
REPRESENTATIVE DAVIS said assisted suicide only happens with the               
complete cooperation of everyone involved and he didn't see that               
type of cooperation coming from a home health care professional.               
                                                                               
SENATOR ELLIS said he would support the legislation because he                 
doesn't have that concern.                                                     
                                                                               
REPRESENTATIVE DAVIS said he has conferred with medical examiners              
and Department of Public Safety officials.  The legislation allows             
communities with such a concern to pass a local ordinance.                     
                                                                               
MR. ELMER LINDSTROM, Department of Health and Social Services                  
(DHSS), said the policy of responding to all deaths originally came            
from the Office of the Coroner which no longer exists. It was never            
a statutory requirement.  He added that the State Medical Examiner             
has no problem with this bill.                                                 
                                                                               
SENATOR PARNELL moved to pass HB 383 from committee with individual            
recommendations.  There were no objections and it was so ordered.              
                                                                               
     CSHB 375(FIN) am - CRIMES AGAINST CHILDREN/FOSTER CARE                    
                                                                               
CHAIRMAN TAYLOR announced HB 375 to be up for consideration.                   
                                                                               
MS. SUSAN WIBKER, Assistant Attorney General, explained some                   
changes to the bill.  The first change begins on page 18 and goes              
through page 19, line 14, and concerns the definition of "mental               
injury."  The Committee wanted to specifically address children                
witnessing physical assault.  The definition of physical assault is            
very broad and would cover many things other than battering.  It               
was the intent of the committee to limit this to violent crimes                
against people.  They also talked about repeated incidents.  She               
said the version that came out of the House is much broader than               
the House wanted; it cites crimes contained in AS 11.41 such as                
custodial interference, robbery, and things beyond the scope of the            
committee's stated intent.  The work draft is what they think the              
committee wanted.                                                              
                                                                               
MS. LISA TORKELSON, staff to Representative Dyson, explained the               
two changes to HB 375 are the mental injury modification and the               
list of reports the Department would provide showing what                      
constitutes harm.                                                              
                                                                               
CHAIRMAN TAYLOR asked Ms. Torkelson if she thought it came closer              
to the intent of both the Judiciary and Finance Committees to limit            
mental injury to certain specific exposures.                                   
                                                                               
MS. TORKELSON replied yes.                                                     
                                                                               
SENATOR ELLIS moved to adopt the Q/Lauterback/5/7/98 version as the            
working document.  There were no objections and it was so ordered.             
                                                                               
MR. STEPHEN WALLACE, Assistant Attorney General, said he didn't                
have anything meaningful to add after Ms. Whitaker's testimony and             
he supported the bill.                                                         
                                                                               
Ms. LISA NELSON also supported HB 375.                                         
                                                                               
Number 256                                                                     
                                                                               
MR. HARRY NIEHAUS commented that they were rushing this bill.  Most            
of this language is not required by federal law.  Legislative Audit            
in 1998 made it clear that DFYS has purposely diverted funds                   
appropriated by the legislature for social workers to protect                  
children so their cronies could have sufficient money for their                
retirement programs.  He suggested they read the legislative audit             
report before going further.  He said the State would not lose its             
Title 4 funds for non-compliance.                                              
                                                                               
MR. WALTER GAUTHIER, Guardians of Family Rights, referred the                  
Committee to the Alaska Senate Family Law Review Task Force Report,            
1990-1991.  It concludes that all agency staff must be accountable             
for their actions which hasn't been done.  The agencies must work              
to improve public relations and a lot of money has been spent on               
that.  The Division of Family and Youth Services seems to be in a              
state of crisis and always will be.                                            
                                                                               
Mr. GAUTHIER remarked that twice as many social workers graduate               
from the University of Alaska as in all other professions combined.            
He noted the bill has no fiscal note.  He said Guardians of Family             
Rights would support this bill if all interviews with minors would             
be video or audio taped, because the child protection agencies                 
believe it is alright to lie about what went on during interviews              
if it's in the best interests of the child, an extremely subjective            
opinion.                                                                       
                                                                               
MR. GAUTHIER said that as a result of the Domestic Violence Act of             
1996, the CINA court caseload has jumped 25 percent in one year and            
65 percent in Anchorage.   Accusations of abuse have become an even            
more potent weapon in divorce and custody arguments.                           
                                                                               
The Alaska Judicial Council report was funded with $90,000 of                  
federal money and required input from the public, but it only                  
contained input from professionals who were paid by the system. MR.            
GAUTHIER said this constitutes fraud against the federal grant that            
was awarded.                                                                   
                                                                               
He noted that child abuse is a business which generates $1 billion             
per year in Alaska through grants to non-profits, reimbursements,              
and private foundation grants.                                                 
                                                                               
MR. GAUTHIER said he was saddened that overwhelming public                     
testimony against this bill can be heard and yet it moves right                
along in the process.  Referring to page 35, Section 34(e), he said            
that courts should be given a copy of testimony without permission             
of the parents, because they would not get permission from parents             
who would be put in the position of defending themselves in a civil            
trial where they have no rights anyway - not having access to court            
files for documentation so they know what to refute.                           
                                                                               
MS. MARCI SCHMIDT said she is testifying as a parent.  She said she            
is very disillusioned by the democratic system.  She felt this bill            
is simply not in compliance with federal law. It contains no clear             
definition of kinship care, no reference to the federal Parent                 
Locator Service, and yet it still gives the illusion that it allows            
foster parents to obtain information while it only allows them to              
sit outside the court room if DHSS so chooses.  Part of the intent             
of the federal grant was to allow foster parents to have  access to            
medical records and court proceedings to better promote the care of            
the children they were given.  She expressed concern that Section              
51, regarding placement of a blood or marriage relative, has                   
problems because it only allows adoption for blood relations.                  
                                                                               
TAPE 98-55, SIDE A                                                             
Number 001                                                                     
           SB 272 - CRIMES AGAINST CHILDREN/FOSTER CARE                        
                                                                               
MS. SCHMIDT suggested deleting the word "blood" and also noted in              
Section 62, lines 10 and 11, she didn't really want a social worker            
acting like a police officer.  She is alarmed about a multi-team               
task force, because it is totally wasteful if the determinations               
are not admissible in a court or civil proceeding.  The immunities             
provisions do not require accountability for someone who uses                  
his/her job in a manner detrimental to children.                               
                                                                               
Number 68                                                                      
                                                                               
MS. CAROL PALMER said she opposed HB 375, but she supports                     
intervention in real cases of child abuse where clear, convincing              
evidence exists.  She said this bill requires no accountability for            
social workers and provides for no recourse for parents who are                
falsely accused by DFYS.  She wanted safeguards in place for                   
innocent parents at the time of the initial investigation by DFYS.             
                                                                               
MS. JANE BURCHARD, Fairbanks, opposed HB 375.  She is a parent who             
was falsely accused and believes the Legislature should mandate                
videotaped interviews.                                                         
                                                                               
MR. SCOTT CALDER supported Mr. Gauthier's testimony.  He would like            
to have someone with Mr. Gauthier's knowledge have equal time to               
testify as Ms. Wibker who works for the State.  He is a parent who             
has been blocked by the court process.  He thought they should put             
this off until next year so an open examination of DFYS can take               
place.                                                                         
                                                                               
CHAIRMAN TAYLOR said the changes to the legislation are not related            
to what Mr. Calder was talking about, but it does add a provision              
requiring DFYS to report these instances to the legislature and                
that information would be public.                                              
                                                                               
SENATOR MILLER moved to pass SB 272 from committee with individual             
recommendations.  There were no objections and it was so ordered.              
CHAIRMAN TAYLOR adjourned the meeting at 6:10 p.m.                             

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