Legislature(2017 - 2018)GRUENBERG 120

02/15/2017 01:30 PM House JUDICIARY

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01:51:02 PM Start
01:51:45 PM Confirmation Hearing(s):
02:04:25 PM HB8
02:11:13 PM HB106
02:53:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:45 pm --
-- Please Note Time Change --
Confirmation Hearing: Attorney General, Jahna
Lindemuth
<Above Item Removed from Agenda>
+ Confirmation Hearing: Board of Governors, AK Bar TELECONFERENCED
*+ HB 106 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 8 ENFORCEMENT OF FOREIGN PROTECTIVE ORDERS TELECONFERENCED
Moved HB 8 Out of Committee
                HB 106-CIVIL LEGAL SERVICES FUND                                                                            
                                                                                                                                
2:11:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the final order of business would be                                                                
HOUSE BILL NO. 106, "An Act allowing appropriations to the civil                                                                
legal services fund from court filing fees."                                                                                    
                                                                                                                                
2:11:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER read his sponsor statement as follows:                                                                   
                                                                                                                                
     This bill will safeguard  Alaskans' access to the civil                                                                    
     justice  system by  creating a  stable and  sustainable                                                                    
     mechanism  for   funding  the  Alaska   Legal  Services                                                                    
     Corporation,  protecting  those  who cannot  afford  to                                                                    
     hire  an   attorney  of  their   own.  It   allows  the                                                                    
     Legislature to  appropriate up to 25  percent of filing                                                                    
     fees  paid  to  the  Alaska  Court  System  during  the                                                                    
     previous fiscal  year into  the already  existing Civil                                                                    
     Legal Services Fund.                                                                                                       
                                                                                                                                
     The  Alaska Legal  Services Corporationestablished   in                                                                    
     1967is    a  nonprofit   charitable  501(c)(3),   whose                                                                    
     funding  comes from  a variety  of state,  federal, and                                                                    
     private sources.                                                                                                           
                                                                                                                                
     Alaska Legal Services Corporation  endeavors to serve a                                                                    
     growing number of eligible  applicants. Since 1984, the                                                                    
     number  of Alaskans  who qualified  for legal  services                                                                    
     has more than doubled, from 41,000 to over 100,000.                                                                        
                                                                                                                                
     Yet currently,  the state's contribution to  The Alaska                                                                    
     Legal Services  Corporation is only a  fraction of what                                                                    
     it was 30  years ago. House Bill 106  aims to stabilize                                                                    
     The Alaska Legal Services  Corporation funding and help                                                                    
     ensure  that  civil  legal  aid  is  available  to  all                                                                    
     Alaskans, not just the few who can afford it.                                                                              
                                                                                                                                
2:13:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  explained that  HB  106  is a  mechanism                                                               
toward  possibly  funding  more  money toward  the  Alaska  Legal                                                               
Service Corporation  in the  future, and that  it, in  no manner,                                                               
obligates future legislatures.                                                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether the  filing fees  are the                                                               
fees within which 25 percent  would be deducted regarding issues,                                                               
such as adoption, change of name, and depositing a will.                                                                        
                                                                                                                                
REPRESENTATIVE  FANSLER  stated yes,  and  advised  that this  is                                                               
currently the court  fees set out in statute  for district court,                                                               
superior court, document copies, and the like.                                                                                  
                                                                                                                                
2:15:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD surmised that up  to 25 percent of "these                                                               
fees collected" go into a special fund.                                                                                         
                                                                                                                                
REPRESENTATIVE FANSLER explained  that they could go  into a fund                                                               
that would go toward Alaska Legal Service Corporation.                                                                          
                                                                                                                                
REPRESENTATIVE  REINBOLD  said  that,  basically,  Representative                                                               
Fansler does not  believe these are affordable  fees already, and                                                               
that people do not have access to justice due to the fees.                                                                      
                                                                                                                                
REPRESENTATIVE FANSLER  pointed out that these  fees are required                                                               
for anyone  filing a lawsuit  in a district court,  for instance,                                                               
and  would   pay  $125   when  the  case   was  filed.     Purely                                                               
hypothetically,  he offered,  in  the event  the legislature  was                                                               
looking at FY18, this bill  would allow the legislature to decide                                                               
for  FY18  whether it  would  appropriate  any  amount up  to  25                                                               
percent  to  the Alaska  Legal  Services  Corporation.   In  that                                                               
regard,  when a  person files  a  district court  case for  $125,                                                               
$12.50 of  that filing fee would  be put toward the  Alaska Legal                                                               
Services Corporation.                                                                                                           
                                                                                                                                
2:17:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  described  it as  a  redistribution  of                                                               
wealth, at first  glance, and appears likely the fees  will go up                                                               
for other people.                                                                                                               
                                                                                                                                
REPRESENTATIVE FANSLER expressed  that "in no way  shape or form"                                                               
is the intent  of this bill to raise filing  fees for anyone, and                                                               
it reads  that the court fees  go directly into the  general fund                                                               
and can be used for anything.   He reiterated that these fees are                                                               
already being  generated in  the court system,  and to  set aside                                                               
ten percent  of the filing  fee (amount used in  the hypothetical                                                               
example),  and  $12.50  would  go to  funding  the  Alaska  Legal                                                               
Corporation.                                                                                                                    
                                                                                                                                
2:18:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP asked whether  most of the people represented                                                               
by  the  Alaska  Legal  Services Fund  are  victims  of  domestic                                                               
violence, seniors, or people with at least one disability.                                                                      
                                                                                                                                
REPRESENTATIVE FANSLER answered in the affirmative.                                                                             
                                                                                                                                
REPRESENTATIVE  KOPP inquired  as to  how many  years the  Alaska                                                               
Legal Services Fund has been in existence.                                                                                      
                                                                                                                                
2:19:07 PM                                                                                                                    
                                                                                                                                
MARY SCHLOSSER, Staff, Representative  Zach Fansler, Alaska State                                                               
Legislature,  responded that  this  would  be a  new  fund.   She                                                               
explained  that  a  fund  was  established  in  2007  to  collect                                                               
punitive damage  fees, and those  fees have been erratic  for the                                                               
past ten  years with  one allocation of  $90,000, and  during the                                                               
past four years  the allocation was $20,000  in punitive damages.                                                               
She described  the system as  unstable because not  many punitive                                                               
damages  have  been  collected  into   the  court  system.    She                                                               
explained that  HB 106 stabilizes  future funding, as  opposed to                                                               
likely funding in lean times.                                                                                                   
                                                                                                                                
2:19:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  surmised there has been  an unstable funding                                                               
stream to represent  thousands of people that  otherwise will not                                                               
be represented.   He further surmised that  the legislature could                                                               
appropriate  any   amount  of  money   up  to  25   percent,  and                                                               
[currently,  The Alaska  Legal Services  Corporation Corporation]                                                               
is [solely] relying on those [punitive damages] awards.                                                                         
                                                                                                                                
2:20:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER  said Representative  Kopp was  correct in                                                               
that the  intent of  this bill  is to,  in the  future, stabilize                                                               
these  fees for  the Alaska  Legal Services  Corporation for  the                                                               
large  number   of  people  it   represents  around   the  state.                                                               
Obviously, he pointed  out, the intent is to "in  no way shape or                                                               
form"  obligate   future  legislatures,  it  merely   provides  a                                                               
mechanism for that  funding in the future  when Alaska's economic                                                               
situation is in  a different place.  Perhaps, he  offered, in the                                                               
future, legislatures  will feel  secure in giving  stable funding                                                               
year-to-year to the Alaska Legal Services Corporation.                                                                          
                                                                                                                                
2:21:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP said  that earlier  it was  established that                                                               
its  clients are  primarily seniors,  persons with  disabilities,                                                               
and victims  of domestic violence.   He asked whether  this legal                                                               
service  would ever  be provided  to people  in a  criminal case,                                                               
abortion related litigation, representation  of prisoners, or for                                                               
other controversial issues.                                                                                                     
                                                                                                                                
2:22:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  remarked  that  none  of  Representative                                                               
Kopp's  scenarios are  allowed  under federal  law.   The  Alaska                                                               
Legal Services  Corporation cannot provide representation  in the                                                               
following:  criminal  matters;  involvement in  abortion  related                                                               
litigation;   class   actions;   representation   of   prisoners;                                                               
redistricting  activities; cases  where  a  private attorney  may                                                               
provide  contingency fees  such as  tort litigation;  individuals                                                               
evicted  from  public  housing  due  to  illegal  drug  use;  or,                                                               
representation  of  undocumented   immigrants  except  for  human                                                               
trafficking cases.   The federal law  is quite clear on  what the                                                               
Alaska Legal  Services Corporation  can provide, he  pointed out,                                                               
and  when reviewing  Alaska's statistics  in  FY2016, there  were                                                               
2,880 cases helping  6,035 low income Alaskans.   He related that                                                               
one-third  represents seniors,  32  percent involved  individuals                                                               
with at  least one disability,  and 25 percent  involved domestic                                                               
violence victims.   There are numerous  offices throughout Alaska                                                               
offering   assistance,  particularly   with  veterans   close  to                                                               
Alaska's bases and helping  veterans receive legal representation                                                               
to apply for any number of veteran rights programs.                                                                             
                                                                                                                                
2:24:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked the current amount  of money moving                                                               
from  the state  to the  corporation, how  many people  are being                                                               
turned  away,  and in  the  event,  this  amount of  funding  was                                                               
allocated, how much of the gap would it close.                                                                                  
                                                                                                                                
REPRESENTATIVE FANSLER  responded that the Alaska  Legal Services                                                               
Corporation  is currently  funded at  $450,000 in  the governor's                                                               
budget through a  grant to named recipients in  the Department of                                                               
Commerce,  Community  &  Economic  Development budget.    As  Ms.                                                               
Schlosser mentioned,  $20,000 sometimes  comes from  the unstable                                                               
situation of punitive  damages.  He advised he does  not have the                                                               
percentage of cases turned away, but  he is aware, as an attorney                                                               
who has volunteered  pro bono work for the  Alaska Legal Services                                                               
Corporation,  that  it strives  to  take  every case  that  comes                                                               
through the  door.   Sometimes this  leaves the  system stressed,                                                               
they do  have paid attorneys,  and when  the stress point  is hit                                                               
they look  for volunteer  attorneys, he  advised.   Nikole Nelson                                                               
may be able  to answer the question better as  to which cases are                                                               
turned away, what would be needed to close the funding gap,                                                                     
                                                                                                                                
2:26:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  inquired  as  to how  the  Alaska  Legal                                                               
Services Corporation  identifies a case  it can take on  versus a                                                               
case the corporation  doesn't have the resources to  take on, and                                                               
noted the  125 percent  of federal poverty  guidelines.   He then                                                               
mentioned that  he had a friend  who was turned away,  so it does                                                               
happen, and asked whether it  is based off of poverty guidelines,                                                               
and how it makes those tough decisions.                                                                                         
                                                                                                                                
REPRESENTATIVE  FANSLER deferred  to  Nikole  Nelson, the  Alaska                                                               
Legal Services Corporation.                                                                                                     
                                                                                                                                
CHAIR  CLAMAN advised  that his  firm volunteers  for the  Alaska                                                               
Legal  Services  Corporation  by performing  the  case  screening                                                               
function,  and it  meets with  folks  and reports  to the  Alaska                                                               
Legal Services Corporation  whether or not to take the  case.  He                                                               
clarified that his  firm does not make the  decision about taking                                                               
the case, but he  is aware it relies on his  firm's review of the                                                               
case.                                                                                                                           
                                                                                                                                
2:27:26 PM                                                                                                                    
                                                                                                                                
NIKOLE  NELSON,  Director,  Alaska  Legal  Services  Corporation,                                                               
responded that, unfortunately, due to  lack of resources it turns                                                               
away approximately  50 percent of  people asking for  services in                                                               
any given year.   In response to  Representative Eastman's second                                                               
question,  she  advised  that one  piece  of  the  prioritization                                                               
process is determining  an income stream to be  certain the folks                                                               
do qualify  for services, and those  who are unable to  afford an                                                               
attorney on  their own.   The  Alaska Legal  Services Corporation                                                               
then determines the severity of  the need, and noted that clients                                                               
request assistance  ranging from  small claims issues  to victims                                                               
of domestic violence to seniors  facing foreclosure.  It attempts                                                               
to prioritize those cases regarding  the most vulnerable citizens                                                               
with  civil  legal  needs impacting  their  health,  safety,  and                                                               
livelihood.    Unfortunately,  she   said,  even  in  that  case,                                                               
sometimes  folks  are  still  turned  away due  to  the  lack  of                                                               
resources.    In  assessing  cases,  the  Alaska  Legal  Services                                                               
Corporation determines  the merits  of the case  and it  tries to                                                               
assist people  only if  they have  a case  going forward,  and it                                                               
tries to leverage  its additional resources, or limit them.    In                                                               
the event it is not able  to actually represent someone in court,                                                               
it assesses  their situation to  determine whether they  might be                                                               
able  to represent  themselves if  provided some  guidance.   The                                                               
Alaska Legal  Services Corporation tries to  provide some limited                                                               
assistance or  advice that would  help them  represent themselves                                                               
independently, she reiterated.                                                                                                  
                                                                                                                                
MS. NELSON  responded to the  question regarding the  deficit gap                                                               
and how much money  it would take to cure it,  by advising that a                                                               
2012  study by  the  Alaska Mental  Health  Trust Authority  that                                                               
found  for  every additional  $100,000  allocated  to the  Alaska                                                               
Legal  Services  Corporation,  it  can serve  an  additional  182                                                               
people.   The  Alaska Legal  Services Corporation  estimates that                                                               
Alaska's  justice  gap deficit  at  this  point is  approximately                                                               
35,000  legal  problems  in  any   given  year.    Although,  she                                                               
explained,  some of  those problems  probably do  not require  an                                                               
attorney  but rather  some  assistance  and self-help  education.                                                               
She estimated turning one family away  for everyone it is able to                                                               
accept,  means that  it is  able to  take on  approximately 2,880                                                               
cases per  year.   Therefore, she  related, it  would need  to be                                                               
doubled before  the justice gap  was cured with respect  to those                                                               
issues affecting people, their health, safety, and livelihoods.                                                                 
                                                                                                                                
2:33:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  advised  that in  reviewing  the  [bill]                                                               
language,  it appears  there  is statutorily  a  limitation on  a                                                               
legislature  being able  to appropriate  funds.   That limitation                                                               
would  continue   on,  so  that   if  the  legislature   did  not                                                               
appropriate the 25  percent, is it correct that  it couldn't grab                                                               
that money from someplace else, he asked.                                                                                       
                                                                                                                                
REPRESENTATIVE  FANSLER   offered  his  understanding   that  the                                                               
legislature  can,  at  any time,  appropriate  funds  toward  the                                                               
Alaska Legal Services Corporation, as it  is in its purview to do                                                               
so.                                                                                                                             
                                                                                                                                
REPRESENTATIVE EASTMAN  commented "The  language then  here 'non-                                                               
operative' when it  says that the legislature  may appropriate to                                                               
the fund only.   Because my initial reading would  be that that's                                                               
kind  of a  loss thing,  the legislature  can appropriate  a fund                                                               
which was surprising when I saw that."                                                                                          
                                                                                                                                
2:35:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER related  that  his office  is willing  to                                                               
work with  him, and Legislative  Legal and Research  Services, to                                                               
review the language and perhaps  proper grammar could be inserted                                                               
to say, "The  fund from amounts deposited in the  general fund of                                                               
the  state,   under,"  and  possibly  change   the  "and/or,"  or                                                               
something similar.                                                                                                              
                                                                                                                                
2:36:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN said  it  wasn't  necessarily grammar  as                                                               
much  as  if  the intent  was  to  maintain  a  cap on  what  the                                                               
legislature could appropriate,  that would one thing,  but if the                                                               
committee  does not  want  to  maintain a  cap  then possibly  an                                                               
amendment would be necessary.                                                                                                   
                                                                                                                                
CHAIR  CLAMAN noted  that this  statute is  somewhat aspirational                                                               
rather   than   mandatory   because  it   doesn't   require   any                                                               
expenditure.    He  said  he imagined  that  if  the  legislature                                                               
wanted, in its infinite wisdom,  to appropriate $2 million to the                                                               
Alaska  Legal Services  Corporation,  there would  be nothing  in                                                               
this statute  that prevented the  legislature from doing so.   He                                                               
then referred to the problem  with the limited number of punitive                                                               
damage awards under AS 09.17.020.                                                                                               
                                                                                                                                
REPRESENTATIVE FANSLER  reiterated that the bill  could be worked                                                               
on as  a group, and noted  that he doesn't think  this limits it,                                                               
but  if others  are concerned,  he is  certainly willing  to work                                                               
with them.   He clarified that that was not  an amendment and the                                                               
committee is addressing HB 106 as it was originally presented.                                                                  
                                                                                                                                
2:38:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP surmised  that the  only limitation  for the                                                               
amount of money  available to appropriate would be  the amount of                                                               
the filing fees themselves.                                                                                                     
                                                                                                                                
REPRESENTATIVE FANSLER agreed, and he  explained there would be a                                                               
limitation  because  each  year  the legislature  could  deem  to                                                               
appropriate any  amount below  25 percent.   He offered  that one                                                               
would  think  that  in  these difficult  fiscal  times  it  would                                                               
probably be in the zero percent  area, but once times get better,                                                               
hopefully, the  legislature would  try to provide  that stability                                                               
Representative Kopp referred to previously.                                                                                     
                                                                                                                                
2:39:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP pointed  to the  handout, and  said that  it                                                               
depicts the  filing fees  for the  last seven  years and  what 25                                                               
percent would mean.                                                                                                             
                                                                                                                                
2:39:31 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the Administrative  Director, Alaska  Court System, said  she was                                                               
available to answer questions.                                                                                                  
                                                                                                                                
REPRESENTATIVE REINBOLD  commented that this bill  is coming from                                                               
a good  place, with  good intentions.   She said  that at  a high                                                               
level, her preference  would be to have lawyers  perform pro bono                                                               
work  for  these people  in  the  community,  as opposed  to  the                                                               
legislature re-appropriating  money to a corporation.   She asked                                                               
whether the poor have access to a public defender.                                                                              
                                                                                                                                
2:40:41 PM                                                                                                                    
                                                                                                                                
MS. MEADE  expressed that the  court is absolutely neutral  on HB
106, and  it does  not affect  the court  system fiscally  in any                                                               
manner because the  court system deposits all of  its filing fees                                                               
into the general fund.   She responded to Representative Reinbold                                                               
that  indigent  people  are entitled  to  representation  by  the                                                               
public defender in criminal cases,  and the Alaska Legal Services                                                               
Corporation represents  people in  civil actions.   She explained                                                               
there  is  no  constitutional  guarantee  to  a  free  publically                                                               
provided attorney  in a civil  action, and opined that  the Legal                                                               
Services Corporation fills  that gap for indigent  members of the                                                               
public.                                                                                                                         
                                                                                                                                
2:41:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  referred to domestic violence  and asked                                                               
whether Ms. Meade was saying those are civil actions.                                                                           
                                                                                                                                
MS.  MEADE  explained  that  a  Petition  for  Domestic  Violence                                                               
Protective Order is a civil  action and the Alaska Legal Services                                                               
Corporation would not provide representation  to a defendant in a                                                               
domestic violence  criminal case.   For example, she  related, if                                                               
the  state criminally  charges a  person  with domestic  violence                                                               
assault on  a household member,  and is seeking a  misdemeanor or                                                               
felony  conviction for  something related  to domestic  violence,                                                               
the Alaska Legal Services Corporation  would not be involved, and                                                               
that defendant  would be entitled  to hire a private  attorney or                                                               
obtain a public  defender if indigent.   Although, she explained,                                                               
in the event  a victim of domestic violence has  needs related to                                                               
a non-criminal protective order and  is asking the court to order                                                               
someone to  stay away from them,  it would be a  civil matter and                                                               
the Alaska Legal Services Corporation could be involved.                                                                        
                                                                                                                                
REPRESENTATIVE REINBOLD surmised that,  basically, it is not only                                                               
in a civil action, such as  a protective order, but it would also                                                               
help with the court fees.                                                                                                       
                                                                                                                                
MS. MEADE  clarified that the  fees would  not change as  it does                                                               
nothing to court fees that people have  to pay.  As an aside, she                                                               
explained that  indigent people  do not have  to pay  filing fees                                                               
when  filing a  civil action  because  there is  an exemption  if                                                               
someone  is  deemed indigent.    She  reiterated that  the  court                                                               
system collects  a fee each  time a  person files an  action, the                                                               
fees are varied depending upon the  type of action filed such as,                                                               
a small  claims action,  or a  will, or a  civil action,  and the                                                               
court,  in  turn, pools  that  money  and  deposits it  into  the                                                               
general  fund.    The document  Representative  Kopp  pointed  to                                                               
depicts the aggregate of what  the court system collects in those                                                               
funds, for  example, last year  it was  $2.5 million.   This bill                                                               
would  not change  the court  system's fees,  it wouldn't  affect                                                               
fees that  anyone else would pay,  and it doesn't do  anything to                                                               
the court system's filing fees, she remarked.                                                                                   
                                                                                                                                
2:44:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  surmised  that  the  court  does  waive                                                               
filing fees for indigent populations.                                                                                           
                                                                                                                                
2:44:36 PM                                                                                                                    
                                                                                                                                
MS. MEADE said she was correct;  an indigent person does not have                                                               
to pay a filing fee.   She related that the Alaska Legal Services                                                               
Corporation  represents  people in  actual  court  actions.   For                                                               
example, in a  landlord tenant action, the  Alaska Legal Services                                                               
Corporation, as  their attorney  in that case,  does not  have to                                                               
pay the filing  fee.  Although, that individual  incurs the legal                                                               
expenses unless the Alaska Legal  Services Corporation is helping                                                               
them with their legal fees, she explained.                                                                                      
                                                                                                                                
2:45:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD surmised that this  bill would take up to                                                               
25 percent of  fees that other people paid and  pass them over to                                                               
the lawyer representing them in the case.                                                                                       
                                                                                                                                
2:45:19 PM                                                                                                                    
                                                                                                                                
MS.  MEADE reiterated  her characterization  of  the process  and                                                               
said that the  court system collects approximately  $2 million in                                                               
fees  each year  from the  filing fees,  and indigent  people and                                                               
state agencies  do not pay  a filing  fee.  She  reiterated again                                                               
that the court  system deposits it into the general  fund, and it                                                               
doesn't know or  care what the legislature does  with its general                                                               
fund dollars,  thereafter.   She explained  that under  this bill                                                               
the legislature may take up to  25 percent of that amount and put                                                               
it  into  a  special  account   in  the  general  fund,  and  the                                                               
legislature can then  appropriate out of that  special account to                                                               
the Alaska Legal Services Corporation.                                                                                          
                                                                                                                                
2:46:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD stated that it  would go to the corporate                                                               
lawyers in this  case.  She commented that rather  than being pro                                                               
bono, it  would now  go into  the corporation,  so they  would be                                                               
paid for the work.                                                                                                              
                                                                                                                                
2:46:15 PM                                                                                                                    
                                                                                                                                
MS. MEADE pointed out that  even though the Alaska Legal Services                                                               
Corporation is called  a corporation, it is  not actually similar                                                               
to corporate  lawyers in the  manner that  a person may  think of                                                               
it.   Ms. Meade pointed  out that they  are a group  of attorneys                                                               
who work  with other attorneys  in the legal community  who offer                                                               
their time  pro bono.   She  reiterated that  whatever percentage                                                               
the legislature  may decide to  appropriate from this  fund would                                                               
go to  Alaska Legal Service  for its operations,  including legal                                                               
representation to the poor.                                                                                                     
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 106.                                                                                 
                                                                                                                                
2:47:28 PM                                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
Division  of  Senior  and  Disabilities  Service,  Department  of                                                               
Health &  Social Services, explained  that the  Alaska Commission                                                               
on Aging is a governor  appointed board, within the Department of                                                               
Health  &  Social  Services, that  plans  services  for  seniors,                                                               
educates   Alaskans    about   senior   issues,    and   provides                                                               
recommendations  regarding budget  and policy  items directly  to                                                               
the governor  and the legislature.   She advised that  the senior                                                               
population is  approximately 126,000  individuals, aged  60 years                                                               
and older.   Ms.  Daniello related  that the  commission supports                                                               
this bill  because the  Alaska Legal  Services Corporation  is an                                                               
important  resource  for seniors.    She  added that  during  the                                                               
public  comment segments  at board  meetings and  other community                                                               
forums, seniors  have expressed their  appreciation for  the help                                                               
they have received from the  Alaska Legal Services Corporation in                                                               
assisting  them  to establish  Miller  Trusts,  wills, powers  of                                                               
attorney, settle  landlord tenant disputes, and  resolving health                                                               
care issue  from Medicare and  Medicaid.  Recently,  she related,                                                               
the Alaska  Legal Services Corporation has  gone into communities                                                               
explaining the changes  to the power of  attorney statutes, which                                                               
were enacted last  year through House Bill 8.   People appreciate                                                               
that information, so  they can understand why  those changes were                                                               
made, where the changes  are in the form, and why  it is in their                                                               
best interest, she said.                                                                                                        
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no  one  further  wished  to                                                               
testify, closed  public testimony on  HB 106.  He  then explained                                                               
that he will re-open public testimony if requested.                                                                             
                                                                                                                                
2:50:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  that  Ms. Meade  return  to  the                                                               
witness table and  acknowledged that Ms. Meade  had answered this                                                               
question, but she wanted to be  absolutely sure it was on record.                                                               
She asked whether Ms. Meade  anticipates any increase of fees for                                                               
anyone else due to this bill.                                                                                                   
                                                                                                                                
MS.  MEADE reiterated  that  this bill  will  have absolutely  no                                                               
effect on how the court system sets its filing fees.                                                                            
                                                                                                                                
2:50:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  commented  that it  cannot  be  underscored                                                               
enough  that the  Alaska  Legal Services  Corporation  is a  non-                                                               
profit,  a 501(c)(3),  and  that  the non-profit  is  one of  the                                                               
geniuses of our  American system.  He commented that  most of the                                                               
time  it  does  things  that  government  is  ill-suited  to  do,                                                               
generally, better.   He  remarked that "this  is a  very low-cost                                                               
legal service vehicle" to provide  legal services to the neediest                                                               
people, and that in his professional  life over many years he has                                                               
seen  it work.   He  then turned  to the  fund situation  and how                                                               
money is set  aside, and pointed out that there  many examples in                                                               
current  law,  such  as  the   Alaska  Police  Standards  Council                                                               
training  surcharge   wherein  every  time  someone   receives  a                                                               
speeding ticket  or is  arrested, the  $50 training  surcharge is                                                               
included.   He  explained that  it is  appropriated as  a special                                                               
fund within the general fund,  and the legislature has the option                                                               
of appropriating  that amount  or less.   He expressed  that this                                                               
bill is  no different,  it is  setting up a  fund, and  he agrees                                                               
with Chair Claman  that it is aspirational and  not directive, in                                                               
that it simply  establishes a vehicle for  this funding mechanism                                                               
to occur  up to 25 percent.   He described that  this is probably                                                               
one of those bills where legislators can tangibly show that they                                                                
care about people who are vulnerable and in tough circumstances.                                                                
                                                                                                                                
2:52:52 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN said that the bill would be held over and, based on                                                                
this discussion, he plans to move the bill out of committee on                                                                  
Monday [2/20/17]                                                                                                                
                                                                                                                                
[HB 106 was held over.]                                                                                                         

Document Name Date/Time Subjects
Board of Governors of the Alaska Bar Appointment William Granger-Application and Resume.pdf HJUD 2/15/2017 1:30:00 PM
Board of Governors of the Alaska Bar Appointment - William Granger
HB008 Work Draft Committee Substitute ver. D 2.10.17.pdf HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Explanation of Changes in CSHB8(JUD) 2.10.17.pdf HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 ver. A 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Sponsor Statement 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Sectional Analysis 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-7.30.15 VAWA Enforcement Dept. of Law Opinion 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-2014 Repeal of Alaska Exemption to VAWA 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-USCODE Title 18 Chapter 2265--Full Faith and Credit 1.20.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-18 USCA Section 2265 Full Faith and Credit Given to Protection Orders 2.7.17.pdf HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Additional Documentation-Sponsor's Reply to Tribal Court Funding Question 2.9.17.pdf HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Fiscal Note LAW-CRIM 1.27.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB008 Fiscal Note DPS-DET 1.27.17.pdf HCRA 1/31/2017 8:00:00 AM
HJUD 2/8/2017 1:30:00 PM
HJUD 2/13/2017 1:30:00 PM
HJUD 2/15/2017 1:30:00 PM
HB 8
HB106 ver A 2.8.17.PDF HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Sponsor Statement 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Sectional Analysis ver A 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-2017 Civil Legal Services Fund Overview 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-FY2016 ALSC Pro Bono Program 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-2017 Fact Sheet 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-ALSC statement on Case Restrictions 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-Civil Funds filing fee info 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Additional Document-FY2016 ALSC Fact Sheet 2.8.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Supporting Document-Letter ACT 2.14.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Supporting Document-Letter ACOA 2.14.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106
HB106 Fiscal Note JUD-ACS 2.10.17.pdf HJUD 2/15/2017 1:30:00 PM
HJUD 2/20/2017 1:30:00 PM
HB 106