HB 200 - SUBPOENA POWER: ADMIN. REG. REVIEW COMMIT The next order of business to come before the House State Affairs Standing Committee was HB 200, "An Act relating to subpoenas of the Administrative Regulation Review Committee; and providing for an effective date." CHAIR JAMES called on Walter Wilcox, Legislative Assistant to Representative Jeannette James, to present the bill. Number 0730 WALTER WILCOX, Legislative Assistant to Representative Jeannette James, explained that Sarah Felix, Department of Law, pointed out some problems with the bill at the last hearing. Upon review, and learning that the attorney's general office would represent the committee if sued, we took her advise. MR. WILCOX explained the portion dealing with the arrest was dropped so that a denied subpena would go to the superior court for action. MR. WILCOX explained the language in Section 1 (5) was changed to read: "(5) is signed by the chair of the committee." MR. WILCOX explained the language "or the chair's designee" needed to be deleted. Number 0811 REPRESENTATIVE ELTON moved that the committee substitute (0- LS0777/B, Cook, 4/4/97) be adopted. There was no objection, the committee substitute was so adopted. Number 0824 REPRESENTATIVE IVAN asked Mr. Wilcox to explain the changes again. Number 0837 MR. WILCOX explained in Section 1 (c) the original language read: "(c) A witness who is under subpoena and neglects or refuses to attend a meeting of the Administrative Regulation Review Committee may be arrested and brought before the committee by any person charged with the enforcement of state law. The only warrant of authority necessary to authorize an arrest under this subsection is (1) a copy of the subpoena; (2) a copy of proof of service of the subpoena; and (3) a written direction for the arrest of the witness signed by the chair and by a majority of the members of the committee." MR. WILCOX explained the attorney's general office did not think that was a good way to handle the situation. It should be a court action in lieu of a committee action. Therefore, the following language was adopted: "(c) If a witness who is under subpoena neglects or refuses to attend a meeting of the Administrative Regulation Review Committee, the committee may bring an action in superior court to enforce the subpoena." MR. WILCOX further explained the second change was in Section 1 (5), of which, the last four words needed to be stricken from the committee substitute. CHAIR JAMES announced an amendment was needed to delete the last four words on page 2, line 5. Number 0946 REPRESENTATIVE BERKOWITZ moved that the language "or the chair's designee" be deleted on page 2, line 5. There was no objection, Amendment 1 was approved. REPRESENTATIVE ELTON asked, for clarification, if the attorney's general office would bring action to the superior court? MR. WILCOX replied if the committee was sued the attorney's general office would defend it. And if the committee went out and arrested people there would be a greater chance of running afoul of the law. Number 0990 REPRESENTATIVE BERKOWITZ asked if there was anticipation about spending too much money on the reimbursement of expenses for food and lodging in (3). CHAIR JAMES replied the anticipation for the expenses would be negligible. Number 1021 MR. WILCOX replied the individuals that would be affected by a subpena resided here in Juneau. They would be on the state payroll so there would not be a need for any reimbursement. REPRESENTATIVE BERKOWITZ explained he asked the question because he wanted to be sure that people would not be pulled from across the state. MR. WILCOX replied that was not the intent. Number 1047 REPRESENTATIVE VEZEY moved that CSHB 200(STA), as amended, move from the committee with individual recommendations and the attached fiscal note(s). REPRESENTATIVE ELTON objected. A roll call vote was taken. Representatives James, Dyson, Ivan and Vezey voted in favor of the motion. Representatives Berkowitz and Elton voted against the motion. The CSHB 200(STA), as amended, was so moved from the House State Affairs Standing Committee.