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Senate | March 4, 2015 | Chamber | Education

Full MP3 Audio File

Thank you, manager. Yes, sir that is my understanding that CCIS will out live Avis. [SPEAKER CHANGE] Follow up. The public defenders office, I noticed in your slide and . . . [SPEAKER CHANGE] Lights on. I don't believe . . . [SPEAKER CHANGE] Is this . . . Alright, we're on now. Good morning everyone, welcome to the first policy committee meeting for education this year. We have one bill before us. And, before I start let me begin introducing our pages, they have multiplied, kind of like ??. But, the ones I have are ?? Jones, from ??, from Senator Bryant. Alexis Powell, Greenville, Senator Davis. And, Mary Brady, Waxall, Senator Tucker. Great, and our Senate Sargent at Arms are Canton Lewis and Steve Wilson. Thank you for your service here today. We do have one bill before us, but I do believe we have a PCS, so I will have to have a motion to move the PCS. So, moved by Senator Pate, all in favor to set the PCS, say aye. Opposed no. The ayes have it and the PCS is before us. We have two people on this bill, Senator Smith and Senator Apodaca, which ever one of you would like to stand up and present the bill. Come on up here and go ahead and explain the details to us please. [SPEAKER CHANGE] I just need to give you a little background about this bill. This is something that actually occurred in my county. A Lumberton police officer, Officer Jeremiah Goodson was tragically killed in the line of duty a couple of years ago. There was already an existing law that said that any fallen police officer or fire fighter, their children can have free tuition at our university system or community colleges. Officer Goodson and his wife were the custodial guardians of a child, it was actually his wife's cousin's child who had given up her rights. She, for some reason was not able to look over this child, Officer Goodson and his wife came up and got a court order as a custodial guardian of this child. The child graduated from high school, applied to college under this bill, was denied because the bills says parent, it does not provide for legal guardian or custodial guardian. The original bill I filed just said legal guardian and then when I got the court order, I discovered it was custodial guardian. That's the reason for PCS, that's just to describe to include both of those issues and to describe and reiterate that it has to be by court order. This is something that I hope will not come up often, we hope that we don't have police officers or fire fighters killed for one thing, and certainly this is an unusual circumstance and I feel like if that had been thought of at the time this original bill was done that would of probably been put in. But, this is just an unusual circumstance, and I would certainly like for Officer Goodson's child that he was raising be able to take advantage of it. [SPEAKER CHANGE] Mr. Chairman. [SPEAKER CHANGE] Senator Tillman. [SPEAKER CHANGE] I hope the record will note that a member of the ?? it makes all the sense in the world and its a bill of compassion. I love the bill and I know there may be some other comments but I would make a motion that ??. Thank you, Senator, you did a wonderful job. [SPEAKER CHANGE] Okay, I do recognize that motion, but I'd like to say if there are any questions before that? Senator McDaniel. [SPEAKER CHANGE] Thank you, Mr. Chairman. Could the staff just . . . Thank you for the bill to, Senator. Just to explain a couple differences between legal guardian and legal custodian ??. And, staff what I would add to that is I think that one of the concerns would be that we have some sort of a standard, so that people just can't say, that person down the street I want to be their God parent, so there forth qualifies. What kind of standard do we have? [SPEAKER CHANGE] Good morning. I'll stand since I'm vertically challenged.

There’s not a whole lot of difference between guardianship and custodianship. The only difference is how it is challenged and if it can ever be changed in our courts. Custody is a less strong standard, so it’s easier to change a custody order than it is to change a guardianship order. That’s really the only difference. The parental figure still has the same rights and responsibilities under our statutes. [SPEAKER CHANGES] Senator Davis. [SPEAKER CHANGES] Thanks, Mr. Chair. I just wanna make sure obviously this is a real good [AUDIO ERROR BEGINNING AT 00:37 - simultaneously runs two meetings, the second meeting is louder than the first, completely drowning out the current speaker] Other meeting: I’m Executive Director of IDS. When the General Assembly indicated that AOC an IDS should split the costs of replacing the existing CMS, the first thing we do with AOC is to issue an RFI to look at private vendors to look at what was available in the marketplace for replacements. The problem turned out that all of them charged significantly more than the cost of basically taking CCIS and DA and changing it to work for the public defenders. Now, all of those vendors and I think this is true in most public defender systems interact, their software is designed to interact with court systems and to download that type of data so in most situations we’ve got a statewide or a large scale public defense system, their case management systems just like the DA’s case management systems are designed to interact with the court systems, so we have never looked at because we’ve always had CCIS. [??] What would it cost to stop having that interface. What would it cost to stop having that interface and spend less maybe for a case [??] system and then maybe have [??] the information and then put it into [??] . We’ve never done that study because CMS is [01:47 - this meeting fades to completely inaudible and the other meeting becomes primary in the audio] Other meeting: Further questions? Seeing none, we have a motion before us and the motion is the favorable to the PCS and unfavorable to the original bill. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed, no. The ayes have it. Motion passes. Senator Apodaca, would you like to make a comment. [SPEAKER CHANGES] Yes, Mr. Chairman. It may be good if we notify the bar association that during their next continuing education course they may want to go for custodial arrangements to the Bar, the attorneys will know what they’re talking about. [SPEAKER CHANGES] Correct. [laughter and crosstalk] Well, thank you very much. Senator Daniel, do you have a comment. [SPEAKER CHANGES] Thank you, Mr. Chairman. Senator Apodaca, I think they have gone over that and I just didn’t fully understand the briefing so it just took the staff. [SPEAKER CHANGES] Did you get credit or not. [SPEAKER CHANGES] Alright, well thank you very much. Great bill. Thank you for the meeting today and the meeting is adjourned. [background chatter and sounds of people leaving] Other meeting cuts back in [02:55] At the end of the day, Tom Murray, AOC, at the end of the day it’s a decision by the chief district court judge and law enforcement officers that it’s a preference that they not use that at the local level and this is an example of the AOC not being heavy handed and forcing local jurisdictions to change their course of business even when it might produce efficiencies. If they don’t want to use the technology we don’t force them to do that. We support, AOC supports that local jurisdiction. Only 39 have chosen not to use it and it’s going pretty quick I’d say. [background chatter from other chamber cuts in briefly] It’s, it’s, Tom Murray at AOC, it’s across the board. I think it’s a little bit of self-preservation and adversity to change and so, but if they, if they think they need four magistrates and I still think there’s an overarching concern that if we get to efficient you’ll take away some of our magistrates. [SPEAKER CHANGES] Okay, Senator Randleman. [other chamber background chatter cuts in briefly again and stays blended with meeting as it continues] Thank you, Madam Chair. I believe the [??] to this time [??] every automation system [??] . [SPEAKER CHANGES] Being recorded, let’s wait just a moment to answer. Just a moment. [SPEAKER CHANGES] Jeff Murray, [??] . Several of the systems that we provide for people and if they have a chance to use it then they use it. [SPEAKER CHANGES] Okay, we have a [??]