Legislature(1993 - 1994)
02/03/1993 03:00 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
February 3, 1993
3:00 p.m.
MEMBERS PRESENT
Rep. Cynthia Toohey, Co-Chair
Rep. Con Bunde, Co-Chair
Rep. Gary Davis, Vice Chair
Rep. Al Vezey
Rep. Harley Olberg
Rep. Bettye Davis
Rep. Irene Nicholia
Rep. Tom Brice
MEMBERS ABSENT
Rep. Pete Kott
COMMITTEE CALENDAR
EO 84: Consolidating the duties and functions of the
Alaska Women's Commission and the Alaska
Commission on Children and Youth into a new Alaska
Human Relations Commission in the Governor's
Office.
NOT HEARD - HELD TO TIME UNCERTAIN
*HB 88: "An Act establishing May 1 as Family Day and the
Month of May as Preservation of the Family Month."
PASSED OUT WITH DO PASS RECOMMENDATION
*HB 79: "An Act relating to recovery from a parent or
legal guardian of wilful or malicious destruction
of property by a minor."
HEARD AND HELD IN COMMITTEE
* First public hearing.
WITNESS REGISTER
REP. CON BUNDE
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
Phone: (907) 465-4843
Position Statement: Sponsor of HB 88
MASSOUD SHADZAD, President
PROMPT Foundation, Inc.
P.O. Box 22234
Juneau, Alaska 99802
Phone: (907) 463-2698
Position Statement: Supported HB 88
JAY FRANK, Lobbyist
431 N. Franklin St.
Juneau, Alaska 99801
Phone: (907) 586-5777
Position Statement: Represented State Farm & Allstate;
Would work with sponsor to amend HB 88.
PREVIOUS ACTION
EO 84: Was previously heard in the House State Affairs
Committee on 1/19/93, and in the House HESS
Committee on 2/1/93.
BILL: HB 88
SHORT TITLE: MAY 1 IS FAMILY DAY/MAY IS FAMILY MONTH
BILL VERSION: HB 88 AM
SPONSOR(S): REPRESENTATIVE(S) BUNDE,Toohey,Porter,Martin,
Sanders,B.Davis
TITLE: "An Act establishing May 1 as Family Day and the
month of May as Preservation of the Family Month; and
relating to the prevention of child abuse and neglect in the
family."
JRN-DATE JRN-PG ACTION
01/25/93 152 (H) READ THE FIRST TIME/REFERRAL(S)
01/25/93 152 (H) HEALTH, EDUCATION & SOCIAL
SERVICES
01/27/93 169 (H) COSPONSOR(S): MARTIN
01/29/93 184 (H) COSPONSOR(S): SANDERS
02/01/93 202 (H) COSPONSOR(S): B.DAVIS
02/03/93 (H) HES AT 03:00 PM CAPITOL 106
BILL: HB 79
SHORT TITLE: DAMAGE TO PROPERTY BY MINORS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) BUNDE,Toohey,Porter
TITLE: "An Act relating to recovery from a parent or legal
guardian of wilful or malicious destruction of property by a
minor."
JRN-DATE JRN-PG ACTION
01/22/93 130 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 130 (H) HES, JUDICIARY, FINANCE
01/29/93 184 (H) COSPONSOR(S): PORTER
02/03/93 (H) HES AT 03:00 PM CAPITOL 106
ACTION NARRATIVE
TAPE 93-10A, SIDE A
Number 000
CHAIR TOOHEY called the meeting to order at 3:03 p.m. and
noted members present.
EO 84: ALASKA HUMAN RELATIONS COMMISSION
CHAIR TOOHEY announced that the committee members had been
provided minutes from the State Affairs Committee meeting
concerning EO 84, as well as an opinion from the Division of
Legal Services, plus more testimony on the order. She
announced that EO 84 would be held over to a later date not
established. She then invited testimony on HB 88.
HB 88: MAY 1 IS FAMILY DAY/MAY IS FAMILY MONTH
REP. CON BUNDE, SPONSOR OF HB 88, spoke on the history of
the bill. He said Massoud Shadzad, a sociologist and
promoter of a family day holiday, had approached him to
express concern about the troubled state of the American
family and his hope that a "Family Day" holiday, like
Mother's Day or Father's Day, might draw attention to the
problems, challenges and importance of families.
REP. BUNDE continued, noting possible concerns that such a
bill might better take the form of a resolution, which lasts
but one year. Such a resolution had been introduced last
year, but Mr. Shadzad had sought a more permanent, possibly
a national holiday, Rep. Bunde said. Several states have
already passed such bills, he noted, and it would not cost
the state any money, nor set a precedent that might obligate
the state to create a legal day off from work.
Number 104
MASSOUD SHADZAD, PRESIDENT OF PROMPT FOUNDATION, INC, For
Preservation of Family, and Prevention of Domestic Violence
and Child Abuse, testified in favor of HB 88. (His written
testimony is herein incorporated and identified as
Attachment 1.) He said he has in 25 years of observation
and research watched the America family disintegrate under
assault from poverty, unemployment, violence, apathy, abuse,
self-centeredness and other ills. He proposed setting aside
May 1 as "Family Day" and May as "Preservation of the Family
Month" as a reminder of the family's importance, and as an
opportunity to do good for individuals, families and
communities.
The committee discussed the origin of the expression
"Mayday" as a distress signal.
Number 250
REP. BETTYE DAVIS asked how news of such a day would be
promulgated if there were no funds appropriated, and what
department of state government would administer such a
holiday.
REP. BUNDE answered that he believed volunteer advocates and
the press would spread awareness of the day, possibly with
assistance from merchants.
REP. B. DAVIS speculated as to whether Family Day would
become a commercial holiday, akin to Mothers or Fathers
Days, which are the occasion for theme sales and commercial
promotions.
Number 275
MR. SHADZAD said that six other states have passed similar
bills, at no cost to them. He stated that he has borne much
of the costs. He stated President Bill Clinton signed such
a bill while governor of Arkansas.
REP. GARY DAVIS expressed concern over establishing a
precedent by establishing a commemorative memorial day such
as Family Day in statute instead of via resolution. He
asked for information about whether HB 88 would establish a
precedent.
Number 305
MR. SHADZAD recalled starting his efforts to create a
national, possibly international, holiday in Oregon in 1989.
He expressed the hope that such a holiday might encourage
scholars and politicians to encourage self-supporting
programs to aid communities as larger families.
Number 322
REP. BUNDE said Alaska statutes already designate four or
five other commemorative days. He stated that, in a broad
sense, it was the intent of HB 88 to establish a precedent
in support of national recognition of Family Day. He said
he introduced the measure as a bill, not a resolution,
because resolutions last only a year.
Number 330
REP. G. DAVIS said he would prefer to delay action on HB 88,
but indicated a willingness to bow to the committee's
wishes.
REP. HARLEY OLBERG questioned whether such measures as
creation of a holiday are not accomplished by governor's
proclamation.
REP. BUNDE repeated that the governor had signed such a
proclamation last year, but it had expired after a year.
Number 344
CHAIR TOOHEY called a brief at-ease at 3:25 p.m. She called
the meeting back to order at 3:27 p.m.
REP. BUNDE read from the Alaska Statutes, starting with
44.12.030, listing Wickersham Day, Anthony J. Dimond Day,
Ernest Gruening Day, Bob Bartlett Day, William A. Egan Day,
and Elizabeth Peratrovich Day.
CHAIR TOOHEY asked the will of the committee.
REP. BUNDE moved passage without objection.
REP. IRENE NICHOLIA asked for time to discuss HB 88.
CHAIR TOOHEY called a brief at-ease, then called the meeting
back to order two minutes later. She announced passage of
HB 88 from the committee with individual recommendations.
HB 79: DAMAGE TO PROPERTY BY MINORS
Number 390
CHAIR TOOHEY brought HB 79 to the table.
Number 393
REP. BUNDE spoke as sponsor of HB 79. He said the bill was
a minor adjustment of a statute created in 1967 which
limited to $2,000 the amount of damage recovery possible
from parents of a minor who wilfully destroyed another's
property. He noted that inflation has risen since 1967, and
likewise the cost of property damage, and asked that the
damage limit be lifted to $50,000, the same limit allowed in
district court.
Number 412
REP. NICHOLIA said HB 79 could place a burden on residents
of her district who might not be able to pay up to $50,000
to compensate for damage done by their children, whom they
may have difficulty controlling.
Number 420
REP. BUNDE noted that property damage from juveniles was
likewise a burden on the victims. He said the intent of the
bill was, in part, to encourage parents to be more
responsible for their children's activities by costing them
money if they were not.
Number 430
REP. B. DAVIS asked how much damages had been recovered
under the statute with the $2,000 limit.
REP. OLBERG noted that legal expenses and other difficulties
make it unlikely most people would go to court to recover
$2,000 in property damages.
Number 452
REP. B. DAVIS asked who would enforce this law and how much
was collected under the existing statute.
REP. BUNDE explained that HB 79 does not create a criminal
fine; rather, it raises the limit on award amounts in civil
suits to make it more likely that a victim could recover
nearer the real value of damages done by a minor.
Number 465
REP. B. DAVIS asked for someone other than the bill's
sponsor, preferably someone from a state department, to
answer her question.
Number 470
REP. OLBERG said that her question was not answerable
because a government entity would only be involved if it
were the plaintiff in a civil action. He said information
on such cases was unlikely to be readily available.
Number 480
REP. B. DAVIS said that it was impossible to force
individuals to pay damages if they did not have the money,
and asked whether the bill would force parents to pay the
damages up to $50,000 if they did not have the means.
REP. BUNDE stated that yes, under HB 79 a court could enter
a $50,000 judgement against parents of a minor who caused
that amount of damage. As such, he said, it would encourage
parental knowledge of children's activities and whereabouts.
CHAIR TOOHEY called a brief at-ease at 3:39 p.m., and called
the meeting back to order at 3:40 p.m.
Number 515
REP. G. DAVIS asked whether the current statute was stifling
the courts in ordering restitution, and he expressed a
desire to hear legal opinions or expert testimony on the
question. He also mentioned a national trend toward more
creative court restitution orders and predicted a bill would
sometime come before the legislature to address the issue on
a larger scale.
Number 547
JAY FRANK, A LOBBYIST REPRESENTING THE STATE FARM AND
ALLSTATE INSURANCE COMPANIES, testified on HB 79. He said
the bill, by expanding the level of financial exposure by
2000 percent, significantly expands the concept of strict
liability under the tort system under which parents can
sometimes be held responsible for their childrens' actions.
MR. FRANK said the insurance industry's concern was that
such damages might be covered by homeowners' insurance
policies, thus both mitigating the impact on the responsible
parents and raising the cost of such insurance for other
policyholders. He said he had spoken with Rep. Bunde, who
had expressed agreement with the industry on the possibility
of excluding such damage awards from coverage.
Number 585
REP. OLBERG repeated that HB 79's intent is to allow
recovery of damages done by a minor, regardless of whether
the minor's parents had insurance or not. He expressed
displeasure at the idea of an amendment and asked to see any
such amendment.
CHAIR TOOHEY closed testimony on HB 79 and announced that
the bill would be held and would be brought up again for
further consideration, most likely at the next meeting of
the committee. There being no further business before the
committee, Chair Toohey ADJOURNED the meeting at 3:49 p.m.
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