03/15/1999 01:44 PM Senate JUD

           SB  96-ACCESS TO CRIMINAL HISTORY RECORDS                                                                            
                                                                                                                                
CHAIRMAN TAYLOR explained, "This is the revisor's bill, revised."                                                               
He said the committee's concern was that the offenses in the bill                                                               
would not include "attempted mooning." He noted the definition in                                                               
the bill does include domestic violence, a charge that he believes                                                              
is sometimes abused.                                                                                                            
                                                                                                                                
Number 350                                                                                                                      
                                                                                                                                
SENATOR ELLIS asked how the bill's 5-day review requirement for                                                                 
reimbursement billings is enforced. MS. KATHY TIBBLES said these                                                                
requests, when submitted by other entities are easily reviewed and                                                              
returned. However, she said, there is not a good mechanism in place                                                             
to review and return claims from private providers in villages.                                                                 
                                                                                                                                
Number 328                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR said the 5-day requirement is existing law. MS.                                                                 
TIBBLES agreed and said the only change under SB 96 is the extent                                                               
of review the Department is required to conduct.                                                                                
                                                                                                                                
SENATOR ELLIS asked if the committee had received input on the bill                                                             
from the Division of Occupational Licencing. CHAIRMAN TAYLOR had                                                                
not seen any and agreed he would also like to hear from them.                                                                   
                                                                                                                                
SENATOR ELLIS commented this bill could have a major impact on                                                                  
someone's life if a mistake is made.                                                                                            
                                                                                                                                
Number 298                                                                                                                      
                                                                                                                                
SENATOR HALFORD asked why, under this bill, a license could still                                                               
be revoked for a conviction, indictment or presentment of a crime.                                                              
He asked why a charge or presentment (without a conviction) would                                                               
impair a person. He said this seems to be a serious violation of                                                                
civil rights. CHAIRMAN TAYLOR agreed.                                                                                           
                                                                                                                                
SENATOR HALFORD said he understands why a person's rights could be                                                              
taken away temporarily while they are under indictment. CHAIRMAN                                                                
TAYLOR said this bill precludes licensure of anyone who has been                                                                
charged of any crime covered under the bill within a 10-year                                                                    
period, even if they are found not guilty. CHAIRMAN TAYLOR                                                                      
explained this is existing law, though he thinks it cannot be                                                                   
enforced. SENATOR HALFORD added, "It certainly shouldn't be."                                                                   
                                                                                                                                
Number 273                                                                                                                      
                                                                                                                                
MS. TIBBLES said the regulations that the Department has developed                                                              
have more to do with convictions than charges. CHAIRMAN TAYLOR said                                                             
the committee will look at the bill further and work on the issues                                                              
raised.