Legislature(2023 - 2024)GRUENBERG 120
02/07/2024 01:00 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB67 | |
| HB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 97 | TELECONFERENCED | |
| += | HB 67 | TELECONFERENCED | |
| *+ | HB 161 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 161-CIVIL LEGAL SERVICES FUND
1:49:16 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 161, "An Act relating to appropriations to the
civil legal services fund."
1:49:44 PM
REPRESENTATIVE STANLEY WRIGHT, Alaska State Legislature, prime
sponsor, presented HB 161. He stated that the bill, aiming to
enhance appropriations to the Civil Legal Services Fund, is a
testament to the collective determination to restore the
foundational promise of the legal system: accessible justice for
all. The Alaska Legal Services Corporation (ALSC) serves as a
beacon of hope by offering indispensable legal assistance to
low-income Alaskans. By increasing the funds appropriation, the
bill would enable ALSC to extend its reach, and amplify the
economic benefits to the state. Every dollar invested generates
a remarkable return by empowering residents, stimulating local
economies, and alleviating burdens on the court. He explained
that increasing support to the ALSC would ensure that
individuals have the legal support necessary to navigate the
judicial system.
1:51:32 PM
RACHEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, on behalf of Representative Wright, prime sponsor
of HB 161, highlighted the growing gap between those who can
afford legal help and those who can't. Despite constitutional
guarantees, she said, many are left without necessary legal
support due to insufficient funding. ALSC aims to provide
fairness in the justice system for all by providing individual
legal advice, form drafting, community education, and clinics,
and is the largest provider of legal services for victims of
domestic violence. The organization demonstrates the undeniable
value of legal services by delivering a five-to-one return on
investment to state and local economies. Furthermore, 80
percent of cases that make it to the ALSC are mitigated before a
court case or administrative hearing, saving the courts valuable
time, energy, and cost. However, the efficacy of the ALSC is
hampered by funding challenges, with the organization forced to
turn away 50 percent of applicants who pre-qualify under the
federal poverty guidelines. The stark reality, she said, is
that the ALSC funding has not kept pace with the growing need.
She stated that HB 161 is a valuable investment that would
translate into tangible benefits for communities while ensuring
an equitable justice system for all.
1:54:27 PM
MAGGIE HUMM, Interim Executive Director, Alaska Legal Services
Corporation (ALSC), gave invited testimony during the hearing on
HB 161. She addressed the importance of adequately funding
civil legal services and gave examples of the work performed by
the ALSC. She reported that last year, ALSC's 12 offices around
the state provided direct representation to nearly 5,000
families impacting 13,000 individuals. Countless more were
served through educational and outreach opportunities. She
emphasized the five-to-one return on investment for every dollar
invested in ALSC, which is returned to the community in terms of
direct economic investment and community savings. She listed a
number of cases that the organization is federally prohibited
from taking on, including but not limited to abortion, wellness
reform, assisted suicide, and redistricting. She reiterated
that funding has not kept pace with the growth of the poverty
population in Alaska. The bill, she said, is requesting an
increase in ALSC's percentage of the Civil Legal Services Fund
from 10 percent to 25 percent. She stressed the need for
critical legal services, adding that access to justice should be
a reality for all Alaskans, not just those who can afford an
attorney.
2:00:36 PM
REPRESENTATIVE GROH asked whether the ALSC was ever awarded
punitive damages by the court.
MS. HUM shared her understanding that there had not been
punitive damages awarded to ALSC via the state. In response to
a follow up question, she shared her understanding that the
amount of punitive damages awarded to ALSC under the Civil Legal
Services Fund was essentially nonexistent as a source of
funding.
2:02:45 PM
REPRESENTATIVE ALLARD asked what the increase from 10 to 25
percent would look like in dollars.
MS. HUM indicated [that 10 percent] in the most recent fiscal
year was $301,000 and 281,000 in the year prior. An increase to
25 percent would be roughly $700,000.
REPRESENTATIVE ALLARD asked how the COVID-19 Pandemic impacted
ALSC's caseload.
MS. HUM reported that the ALSC had 5,000 cases [in 2023], 3,000
[in 2022], and she offered to follow up with [2021] data.
2:04:33 PM
REPRESENTATIVE SUMNER questioned the percentage of cases related
to evictions.
MS. HUM did not know the answer. Nonetheless, she said housing
cases are a top issue for the ALSC. In response to a follow up
question, she reported that last year, the ALSC helped roughly
700 people with housing matters.
2:05:40 PM
REPRESENTATIVE ALLARD indicated that landlords had expressed
concern about the bill. She shared a scenario and asked how
landlords, who are also struggling, are reconciled.
MS. HUM said the ALSC was often able to negotiate with landlords
before an eviction case made to court. She added that a great
deal of negotiating was done between landlords and tenants for
the benefit of both parties.
REPRESENTATIVE ALLARD asked how landlords are reconciled if a
tenant, who is in the wrong, refuses to pay rent. She
questioned whether everyone is treated equally.
MS. HUM reiterated that negotiating was helpful because it
ultimately benefits both parties. She added that landlords are
always free to pursue damages to recoup some of the money.
2:10:13 PM
REPRESENTATIVE GRAY asserted that Alaska landlord and tenant
laws law favored landlords. He shared a personal anecdote,
emphasizing the importance of rental deposits to poor residents.
He thanked ALSC and voiced his hope that more could be done for
renters.
2:12:01 PM
REPRESENTATIVE C. JOHNSON inquired about the remaining 75
percent of the Civil Legal Services Fund.
2:12:50 PM
NANCY MEADE, General Counsel, Alaska Court System, responded
that all filing fees collected by the court, in addition to
punitive damages, are deposited directly into the general fund
(GF) for the legislature to appropriate.
REPRESENTATIVE C. JOHNSON questioned why there was no fiscal
note reflecting the impact on the GF.
MS. MEADE shared her understanding that the court submitted a
zero fiscal note.
CHAIR VANCE noted that two fiscal notes had been submitted, but
only one, from DCCED, showed a fiscal impact.
2:15:28 PM
REPRESENTATIVE ALLARD asked whether landlords were ever
reimbursed.
MS. HUM said landlords are permitted to seek attorney fees
against a tenant if they are successful. She anecdotally
reported that if a case is being dragged out, it's typically due
to active negotiations between both parties.
CHAIR VANCE questioned the reason for the increase from 10
percent to 25 percent.
MS. HUM reported that the poverty population had grown three
times since 1984 while state funding had dramatically decreased.
She said the increase was to keep pace with both the rising
demand for services and the rising cost of providing those
services.
2:17:54 PM
REPRESENTATIVE CARPENTER asked whether the legislature had
appropriated money into the Civil Legal Services Fund from any
location other than the authority granted under AS 09.17.020(j)
or from the filing fees.
2:18:22 PM
SANDRA MOLLER, Director, Division of Community and Regional
Affairs, Department of Commerce, Community & Economic
Development, said, to her knowledge, no.
CHAIR VANCE announced that HB 161 would be held over.