Legislature(2005 - 2006)HOUSE FINANCE 519

01/18/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 175 CIVIL LEGAL SERVICES FUND
Moved CSHB 175(JUD) Out of Committee
HJR 7 CONST AM: SEC. OF STATE REFERENCES
Moved Out of Committee
2:02:10 PM                                                                                                                    
HOUSE BILL NO. 175                                                                                                            
                                                                                                                                
     An Act relating to the creation of a civil legal                                                                           
     services fund.                                                                                                             
                                                                                                                                
CRAIG JOHNSON, STAFF, REPRESENTATIVE  LESIL MCGUIRE, SPONSOR,                                                                   
noted  that  HB  175 was  designed  to  provide  a  financial                                                                   
mechanism  for  the Legislature  to  make  appropriations  to                                                                   
organizations  that  provide  civil legal  services  to  low-                                                                   
income  Alaskans.    It would  be  accomplished  through  the                                                                   
creation  of  a  civil  legal   services  account  funded  by                                                                   
provisions required  under AS 09.17.020(j).   That section of                                                                   
Alaskan law requires  that 50% of all punitive  damage awards                                                                   
be turned  over to the State  and deposited into  the General                                                                   
Fund.                                                                                                                           
                                                                                                                                
HB 175  identifies an ongoing  source of funding  designed to                                                                   
aid Alaska  Legal Services Corporation  (ALSC) in  efforts to                                                                   
provide civil  legal assistance  to low-income Alaskans.   It                                                                   
is  accomplished through  use  of the  State's  50 shares  of                                                                   
civil damage  awards deposited  into the  General Fund.   The                                                                   
legislation would  not create a mandatory expenditure.   Each                                                                   
legislature  would  possess  an option  to  appropriate  that                                                                   
money to a civil legal services fund.                                                                                           
                                                                                                                                
2:03:16 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch questioned  the annual amount placed                                                                   
into the fund.                                                                                                                  
                                                                                                                                
2:04:05 PM                                                                                                                    
                                                                                                                                
VANCE SANDERS, PRESIDENT, ALASKA  LEGAL SERVICES CORPORATION,                                                                   
JUNEAU, believed that last year,  approximately $400 thousand                                                                   
dollars was placed into the fund.                                                                                               
                                                                                                                                
2:04:44 PM                                                                                                                    
                                                                                                                                
ANDY HARRINGTON,  (TESTIFIED  VIA TELECONFERENCE),  EXECUTIVE                                                                   
DIRECTOR,  ALASKA  LEGAL  SERVICES   CORPORATION,  FAIRBANKS,                                                                   
reiterated it  had been a  little over $400 thousand  dollars                                                                   
in FY05.                                                                                                                        
                                                                                                                                
Mr. Sanders  offered to  answer questions  of the  Committee.                                                                   
He urged support  for the bill, emphasizing  that the support                                                                   
would be  "very helpful"  to that  clientele, Legal  Services                                                                   
represents.                                                                                                                     
                                                                                                                                
2:05:54 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  understood that last year,  there had been                                                                   
no funding.   He  inquired how  punitive damages  work.   Mr.                                                                   
Sanders understood that money  would be redistributed through                                                                   
the General Fund.                                                                                                               
                                                                                                                                
Co-Chair  Chenault  clarified,   it  would  be  General  Fund                                                                   
monies, appropriated to establish that fund.                                                                                    
                                                                                                                                
2:06:48 PM                                                                                                                    
                                                                                                                                
Mr.  Sanders commented  that the  amount  distributed is  not                                                                   
predictable;  the Court's  have indicated  that the  punitive                                                                   
damages portion of statute is constitutional.                                                                                   
                                                                                                                                
2:07:35 PM                                                                                                                    
                                                                                                                                
CHRISTINE  PATE,   (TESTIFIED  VIA  TELECONFERENCE),   ALASKA                                                                   
NETWORK  ON  DOMESTIC  VIOLENCE &  SEXUAL  ASSAULT  (ANDVSA),                                                                   
SITKA, spoke  in favor of  HB 175, discussing  the importance                                                                   
of such  legislation.  She pointed  out the dramatic  cuts to                                                                   
legal  services  during  the  past  couple  years,  with  the                                                                   
continued  increased need.    She maintained  that  providing                                                                   
civil  legal services  to domestic  violence  victims is  the                                                                   
most  effective way  in protecting  future  safety for  their                                                                   
lives.  Ms. Pate revisited life  and death issues the victims                                                                   
experience,  stressing  the critical  component  of  bringing                                                                   
safety to indignant Alaskans.                                                                                                   
                                                                                                                                
2:09:45 PM                                                                                                                    
                                                                                                                                
Representative  Kerttula thanked  Ms. Pate  for the  work she                                                                   
does  with  domestic  violence  victims.   She  inquired  the                                                                   
number of phone calls per day  received by the Sitka hotline.                                                                   
Ms. Pate  commented that  the hotline  has continued  through                                                                   
those cuts and is staffed by volunteers;  it averages between                                                                   
4 to  7 calls in  each two-hour span  and is available  three                                                                   
times per month.                                                                                                                
                                                                                                                                
2:11:02 PM                                                                                                                    
                                                                                                                                
DIANE   LORUSSO,   (TESTIFIED  VIA   TELECONFERENCE),   LEGAL                                                                   
ADVOCACY DIRECTOR,  STAR PROGRAM, ANCHROAGE, stated  that she                                                                   
has worked with victims of domestic  violence for many years.                                                                   
She voiced strong  support for the legislation.   Ms. Lorusso                                                                   
pointed  out that  Alaska  continues to  lead  the Nation  in                                                                   
domestic  violence  and sexual  assault  crimes.   She  urged                                                                   
support for HB 175.                                                                                                             
                                                                                                                                
2:12:35 PM                                                                                                                    
                                                                                                                                
ALLEN BAILEY, (TESTIFIED VIA TELECONFERENCE),  FAMILY LAWYER,                                                                   
ANCHORAGE,  acknowledged  a serious  statewide  need for  the                                                                   
legislation.   He suggested that  the only item  that reduces                                                                   
domestic violence  for a given victim is the  availability of                                                                   
civil legal  services to  that person.   He pointed  out that                                                                   
most abuse victims  are women and children and  are unable to                                                                   
pay for  those type  services.   The bill  provides a  way of                                                                   
providing funding  for legal services  to families  that need                                                                   
it in a profound way.                                                                                                           
                                                                                                                                
2:15:10 PM                                                                                                                    
                                                                                                                                
Representative  Hawker noted the  new zero  notes.   He MOVED                                                                   
that  the notes  from Department  of  Law and  the Office  of                                                                   
Management and Budget be adopted.   There being NO OBJECTION,                                                                   
they were adopted.                                                                                                              
                                                                                                                                
Representative Foster MOVED to  report CS HB 175 (JUD) out of                                                                   
Committee   with  individual   recommendations  &   with  the                                                                   
accompanying zero  notes.  There  being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  175 (JUD)  was reported  out of  Committee with  a "do                                                                   
pass" recommendation  and with new  zero fiscal notes  by the                                                                   
Department  of Law and  the Office  of Management and  Budget                                                                   
(OMB).                                                                                                                          
                                                                                                                                

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