HOUSE BILL NO. 399 "An Act establishing the office of elder fraud and assistance; and relating to fraud involving older Alaskans." 3:10:20 PM In response to a question by Representative Joule, Representative Chenault confirmed that the committee had previously adopted the Committee Substitute for HB 399, 24- LS1517F\F. Co-Chair Chenault MOVED Conceptual Amendment 2: (e) Subject to the discretion of the court and regulations promulgated by the office of public advocacy, and taking into consideration the financial condition of the parties to a civil suit brought under this section, the office of public advocacy may seek recovery of partial or full litigation costs and fees from any party, including costs incurred during the investigation of the case, whether the office of public advocacy prevails or settles in the best interest of the client. The office of public advocacy shall enter a fee agreement with any party it represents in accordance with this section, the Alaska Rules of Court, and the Alaska Rules of Professional Responsibility. Co-Chair Meyer OBJECTED. SUE WRIGHT, STAFF, REPRESENTATIVE MIKE CHENAULT, testified regarding the amendment. It was suggested by Josh Fink, Public Advocate, Office of Public Advocacy, in order to allow the Office of Public Advocacy to recover partial litigation costs from any party should they be successful in prosecuting elder fraud. 3:12:04 PM Co-Chair Chenault discussed questions raised regarding an earlier amendment, as to whether monies would be taken from seniors who had received a settlement. Ms. Wright pointed out that the fees are in accordance with the Alaska Rules of Court and the Alaska Rules of Professional Responsibility, and could include monies over and above any recovery issued by the court. Co-Chair Meyer REMOVED his OBJECTION. There being no other objection, Conceptual Amendment 2 was ADOPTED. 3:13:55 PM Co-Chair Chenault discussed the fiscal note from the Department of Administration, which was originally $638,000 and represented five full-time positions. He noted that his office has worked with the Department, as well as with constituents, to reduce the fiscal note. He explained that, while that number of employees may eventually be needed, the focus was to get the program started. Ms. Wright related that the bill authorizes one Attorney III, one part-time investigator and one part-time paralegal. She also noted an added cost for the current caseload, including a very egregious case. She outlined details of this case, and its urgency. She commended Mr. Fink for containing costs, while providing services to the elderly clients. 3:16:54 PM Representative Joule referred a March 6 fiscal note prepared by Mr. Fink that showed $96,000 for employing an Attorney III. Ms. Wright confirmed that the position was indeed Attorney III, and the amount was adjusted in the new fiscal note. Co-Chair Meyer named the four fiscal notes: previously published zero fiscal note #1 by the Department of Health and Social Services, two new zero fiscal notes by the Department of Law and the Department of Public Safety, and a new fiscal note by the Department of Administration 3:18:03 PM Representative Foster MOVED to REPORT CSHB 399 (FIN) out of Committee, as amended, with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 399 (FIN) was REPORTED out of Committee with a "do pass" recommendation and with previously published zero fiscal note #1 by the Department of Health and Social Services, two new zero fiscal notes by the Department of Law and the Department of Public Safety, and with a new fiscal note by the Department of Administration.