04/08/1997 08:04 AM House STA

 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.