03/20/2009 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB6 | |
| HB149 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 6 | TELECONFERENCED | |
| *+ | HB 149 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 20, 2009
1:06 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Nancy Dahlstrom, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 6
"An Act relating to cruelty to animals."
- MOVED CSHB 6(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 149
"An Act allowing appropriations to the civil legal services fund
from court filing fees."
- MOVED HB 149 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 6
SHORT TITLE: CRUELTY TO ANIMALS
SPONSOR(S): REPRESENTATIVE(S) LYNN
01/20/09 (H) PREFILE RELEASED 1/9/09
01/20/09 (H) READ THE FIRST TIME - REFERRALS
01/20/09 (H) JUD, FIN
03/20/09 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 149
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(S): JUDICIARY
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) JUD, FIN
03/20/09 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
MIKE SICA, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of HB 6 on
behalf of the sponsor, Representative Lynn.
CULLEN FOWLER, Chief
Klawock Police Department
City of Klawock
Klawock, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 6.
TALEA DAVIS
Wrangell, Alaska
POSITION STATEMENT: Testified in support of HB 6.
DONALD MARVIN, Mayor
City of Klawock
Klawock, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 6.
LESLIE ISSACS, City Administrator
City of Klawock
Klawock, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 6.
MEGAN SMITH
Wrangell, Alaska
POSITION STATEMENT: Provided comments during the hearing on
HB 6.
RACHEL DZIUBA, D.V.M., Director
Veterinary Clinic
Gastineau Humane Society (GHS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 6.
CHAVA LEE, Executive Director
Gastineau Humane Society (GHS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 6.
ANNE CARPENETI, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion
of HB 6.
JANE W. PIERSON, Staff
Representative Jay Ramras
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 149 on behalf of the sponsor,
the House Judiciary Standing Committee, which is chaired by
Representative Ramras.
VANCE A. SANDERS, Attorney at Law;
Chair
Board of Directors
Alaska Legal Services Corporation (ALSC)
Juneau, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 149.
ANDY HARRINGTON, Attorney at Law;
Executive Director
Alaska Legal Services Corporation (ALSC)
Fairbanks, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 149.
ACTION NARRATIVE
1:06:57 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:06 p.m. Representatives Ramras, Coghill,
Gatto, and Lynn were present at the call to order.
Representatives Gruenberg and Holmes arrived as the meeting was
in progress. Representative Dahlstrom was excused.
HB 6 - CRUELTY TO ANIMALS
1:07:35 PM
CHAIR RAMRAS announced that the first order of business would be
HOUSE BILL NO. 6, "An Act relating to cruelty to animals."
1:07:44 PM
REPRESENTATIVE COGHILL moved to adopt the proposed committee
substitute (CS) for HB 6, Version 26-LS0022\R, Luckhaupt,
2/24/09, as the work draft. There being no objection, Version R
was before the committee.
REPRESENTATIVE LYNN, speaking as the sponsor of HB 6, relayed
that bestiality is a serious matter with links to sexual abuse
of a minor crimes. He said the impetus for the bill was a
situation that arose in Klawock involving a [convicted sexual
offender] who'd tied someone's dog to a tree, taped its muzzle
shut, and then sexually assaulted it. Research indicates that
this is not an isolated incident. He noted that members'
packets include a list of frequently asked questions about
bestiality, and answers to those questions. For example: is
there a connection between animal sexual abuse and domestic
violence, child abuse, and other violent crimes? - yes, and it's
worse than ever expected; is animal sexual abuse illegal in
other states? - yes, at least [32] other states outlaw
bestiality; are there exemptions [in the bill] for accepted
veterinary and animal husbandry practices? - yes; and is
bestiality a problem in Alaska and the rest of the U.S.? - yes,
acts of this nature are probably more common than one would
think. He mentioned that members' packets also include letters
of support from the Alaska Peace Officers Association (APOA);
the Department of Corrections (DOC); the Alaska Farm Bureau,
Inc.; the American Humane Association; and The Humane Society of
the United States. House Bill 6, in addition to addressing
bestiality, is also addressing public safety, especially for
children, he concluded.
1:12:28 PM
MIKE SICA, Staff, Representative Bob Lynn, Alaska State
Legislature, on behalf of the sponsor, Representative Lynn,
opined that it is wrong for Alaska law to remain silent on the
issue of bestiality, a behavior that should be considered
criminal. Section 1 of Version R, he relayed, adds a new
offense to Alaska's existing cruelty to animals law - AS
11.61.140(a); proposed AS 11.61.140(a)(6) proscribes certain
sexual conduct or activities as cruelty to animals. Section 2
of Version R adds a definition of what constitutes sexual
conduct with an animal, and is lifted almost word for word from
Washington statute. Because an animal cannot give consent to a
sexual relationship with a human, acts of bestiality should be
considered cruel even when no physical harm occurs to the
animal. Furthermore, sexual conduct with animals often mimics
sexual assaults against women, children, and vulnerable adults
due to the coercive nature of the act and a lack of consent.
MR. SICA asserted that there is a link between sexual abuse of
animals and violent crimes against people; information available
in members' packets indicates that there is an incredible amount
of sexual abuse of animals being linked with sexual violence
against people and serial sexual homicide. For example, in the
aforementioned Klawock case, the perpetrator had already been
convicted twice of sexual abuse of a minor crimes. However,
this person was not arrested right away for sexually abusing the
dog, because law enforcement was initially at a loss with regard
to what to charge the person with, and so meanwhile all the
children in the town had to stay indoors; this person was known
to prowl around the school grounds and the post office, and
carry the elements of what is now known to be a "rape kit"-
rope, tape, gloves, and knives.
MR. SICA noted that the Gastineau Humane Society (GHS) - the
entity responsible for enforcing the animal cruelty laws in
Juneau - gets reports from all over Southeast Alaska about
someone having sex with an animal, but is at a loss with regard
to what to charge perpetrators with when the animal hasn't been
killed or seriously injured, or when the atrocity doesn't occur
in a domestic violence (DV) situation or in front of a child.
He also noted that the DOC has provided some information
regarding crossover behaviors between people who sexually abuse
animals and people who sexually abuse other people. He added
that the Homer police department and the sexual assault response
team (SART) have had to investigate some horrific sexual crimes
against children and other people, and are finding a lot of
sexual assault on animals happening as part of the abuse. In
conclusion, he mentioned that sexual abuse of an animal is now a
felony crime in Washington, whereas HB 6 would make it a
misdemeanor crime in Alaska.
MR. SICA, in response to a question, indicated that the title of
the bill has been narrowed via Version R in order to keep it
focused on the criminal behavior it's intended to address.
REPRESENTATIVE HOLMES expressed concern that the bill provides
the same penalties for encouraging or permitting the behavior as
it does for engaging in the behavior.
REPRESENTATIVE GRUENBERG referred to proposed AS
11.61.140(a)(6)(B)(ii) - which says in part, "causes, induces,
aids, or encourages another person to engage in sexual conduct
with an animal" - and offered his understanding that aiding and
abetting criminal behavior is always punishable via existing
statute, and surmised, therefore, that it's not necessary to
include this language in the bill. He indicated that he'd also
been questioning whether the word "or" on [page 1], line 1,
should instead be "and", but had learned that the drafter felt
that "or" was the appropriate word to use.
1:23:22 PM
[Chair Ramras turned the gavel over to Representative Coghill.]
CULLEN FOWLER, Chief, Klawock Police Department, City of
Klawock, after providing more details about the aforementioned
incident in Klawock, relayed that there hadn't seemed to be
anything in current statute to charge the perpetrator with,
though eventually he was charged with criminal mischief. This
lack of an appropriate statute is concerning, he remarked,
especially given that the offense occurred in a park frequented
by children, and that it was committed by a known sexual
offender.
[Representative Coghill returned the gavel to Chair Ramras.]
MR. FOWLER, in response to a question, relayed that the
perpetrator has since been released, and that this is very
concerning to the community.
1:26:55 PM
TALEA DAVIS noted that she is a high school student, said she
supports HB 6, and then recounted an incident wherein a woman
attempting to sell her business in Wrangell hired a [high
school] boy to kill some stray cats that were hanging around her
business, and that this boy killed about 22 cats by stomping on
their heads, though one of the cats belonged to someone and
wasn't actually a stray. She mentioned that she'd also heard of
the Klawock incident, and offered her belief that the person who
perpetrated that act on a defenseless dog should receive a harsh
punishment.
1:28:48 PM
DONALD MARVIN, Mayor, City of Klawock, opined that the lack of
an appropriate statute addressing bestiality is a problem that
needs correcting. The incident that occurred scared the
community, and was not considered a laughing matter by the
children, who afterward all made sure they were home before
dark. The perpetrator has been in and out of the community, he
relayed, and the authorities need something to ensure that the
perpetrator doesn't get an opportunity to harm anyone else. In
response to a question, he said that the owner of the dog had to
be convinced not to seek justice on his own, and the owner's
children - a boy and three little girls - were really affected
by the incident.
MR. FOWLER added that the dog was injured by the duct tape,
which was wrapped so tightly around the dog's neck that the
resulting pressure blew out blood vessels in its eyes; that the
dog became sensitive to being touched - the dog owner thought
this was because the dog was also hit and kicked when it was
being sexually assaulted; and that for about two months the dog
was very jumpy and afraid, and would hide under the table. The
owner of the dog was concerned that the dog might turn on family
members, but the dog has slowly returned to normal behavior for
the most part, though the owner thinks that there might be some
residual effects from the abuse the dog was subjected to, Mr.
Fowler remarked.
1:33:14 PM
LESLIE ISSACS, City Administrator, recounted that for a couple
of days while authorities were searching for the perpetrator,
he'd received calls at city hall from concerned parents
indicating that they were taking time off from work in order to
escort their young children home from school because they were
afraid that the perpetrator would surface and take their
children and do to them what he'd done to that dog; this fear in
the community was very real, and because the authorities weren't
able to hold the perpetrator in jail, the whole community was
severely affected by the incident.
1:35:21 PM
MEGAN SMITH relayed that her cat was one of the cats killed by
that high school boy in the aforementioned incident that
occurred in Wrangell.
1:36:42 PM
RACHEL DZIUBA, D.V.M., Director, Veterinary Clinic, Gastineau
Humane Society (GHS), after relaying that in her private
practice - Bridge Veterinary Services - she primarily practices
large animal veterinary medicine on horses throughout Southeast
Alaska, said she supports the passage of HB 6, and that passage
of the bill makes sound social sense. Although many might think
that the language of the bill is graphic or sensational, in
order to clearly delineate between appropriate and inappropriate
behavior, such careful wording must be present, she remarked,
adding that as a veterinarian, she is particularly appreciative
of the bill's clarity. The bill clearly does not impose a
penalty on actions considered to be standard veterinary
practices or standard farming and animal husbandry practices;
such practices are clearly not a crime under HB 6 as currently
written. The bill does, however, provide currently-unmet legal
recourse to address inappropriate sexual contact between humans
and animals. House Bill 6 will protect both animals and the
public from the cycle of abuse and violence perpetrated by those
who seek to commit sexual acts of exploitation against animals.
DR. DZIUBA said that the act of forcing a living creature to
engage in sexual activity without the ability to give consent
cannot simply be viewed as a personal choice, no more than can
forcing a child or an impaired adult to engage in sexual
activity. There is a strong, known link between sexual
dominance and violence against animals, and violence against
humans; the pattern of aggression and control exhibited by
humans seeking to engage in sexual activities with animals must
be recognized as a punishable crime in order to ultimately
encourage the development of a society that is safer to live in.
She said that during her tenure as a licensed veterinarian in
Alaska, she has unfortunately been made aware of several
instances in which animals have been sexually assaulted. These
horrible acts of sexual violence - which really do occur and
occur more frequently than most people want to believe - must be
addressed in law. In conclusion, she reiterated that she fully
supports HB 6 as currently written, and encouraged the committee
to do the same.
REPRESENTATIVE GRUENBERG disclosed that he and his family are
clients/customers of the "humane society."
DR. DZIUBA, in response to a question, clarified that in her
position with the GHS, she has been made aware of several
complaints received as part of the GHS's animal control services
about sexual acts of violence committed against animals in
Juneau. In response to a question, she said she views animal
abuse to be abuse regardless of whether the animal is already
dead.
1:41:35 PM
CHAVA LEE, Executive Director, Gastineau Humane Society (GHS),
extended her support of HB 6, characterizing it as a well-
crafted piece of legislation that speaks specifically to the
crime of sexual misconduct without inhibiting or criminalizing
veterinary practices or standard animal husbandry practices. As
the head of an animal control agency, she relayed, she can say
that sexual deviancy against animals does exist, and it exists
in Alaska. In each case that has come to her attention, during
the sexual assault of the animal, coercion, abuse, threat of
physical harm, or terrorizing a human was also present. The
people who reported the crimes were afraid for their own safety
or the safety of their children; the sexual abuse of the animal
had been used to intimidate, threaten, or terrorize into them
submission. The animal victims in each of these cases, as well
as those other cases occurring throughout the state, had no
choice, and there was little that could be done to protect or
defend them. Unfortunately, because no crime in the legal sense
had been committed, the human victims were also left with no
voice, no advocate, no recourse; there was no justice for either
the abused animal or the humans who were threatened by the
abuser.
MS. LEE said that statistics gathered by the Federal Bureau of
Investigation (FBI), the American Humane Association, and other
agencies that work with offenders illustrate that there is a
high correlation between sexual abuse and torture of animals,
and sexual abuse and violence towards human beings. Such
statistics, as were provided in members' packets, are
staggering. Although HB 6 deals specifically with animals,
there is no escaping the fact that it also addresses humans as
well. First, and foremost, humans are the abusers. Further,
statistics illustrate that human abusers, who often are victims
of abuse themselves, often begin their own cycle of violence by
abusing animals. Therefore, anything that can be done to
criminalize such acts of [animal] abuse helps to break that
cycle. Although the passage of HB 6 won't stop sexual abuse or
sexual torture of animals, it will give [human] victims recourse
under the law. Passing HB 6 is therefore the right thing to do,
she concluded.
CHAIR RAMRAS, after ascertaining that no one else wished to
testify, closed public testimony on HB 6.
REPRESENTATIVE GATTO questioned whether Alaska's statutes
contain a definition of "animal".
1:45:43 PM
ANNE CARPENETI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law (DOL), said she is
assuming that there is a definition of "animal" in the statutes
pertaining to veterinarians and veterinary practices, and
offered to research that issue further.
REPRESENTATIVE GRUENBERG noted that AS 11.81.900(b)(3) says:
(3) "animal" means a vertebrate living creature not a
human being, but does not include fish;
REPRESENTATIVE GRUENBERG, again referring to proposed AS
11.61.140(a)(6)(B)(ii), then questioned whether including its
language in the bill is really necessary or whether existing AS
11.16.110 - Legal accountability based upon the conduct of
another - would suffice.
MS. CARPENETI explained that AS 11.16.110 requires specific
intent unless the person was otherwise made legally accountable
by a provision of law defining the offense; pointed out that the
first and second degree sexual abuse of a minor statutes include
- as part of the definition of the offense - this same separate
language that's in proposed AS 11.61.140(a)(6)(B)(ii); and
offered her assumption that that is why the drafter chose to
include this language in HB 6 as well.
REPRESENTATIVE GRUENBERG surmised, then, that a person found
guilty of violating proposed AS 11.61.140(a)(6)(B)(ii) would be
punishable just as if he/she were the person committing the
crime.
MS. CARPENETI said yes. In response to a question regarding the
bill's reference to AS 11.41.455 - Unlawful exploitation of a
minor - she explained that AS 11.41.455(a)(5) prohibits
bestiality.
REPRESENTATIVE GRUENBERG surmised, then, that if the act of
bestiality involves a minor, then it would be punishable under
AS 11.41.455, and if it doesn't involve a minor, then, once the
bill passes, it would be punishable under AS 11.61.140.
MS. CARPENETI and MR. SICA concurred.
1:50:52 PM
REPRESENTATIVE HOLMES expressed concern that a person could be
charged with a crime under proposed AS 11.61.140(a)(6)(B)(ii)
even if he/she was simply joking and no sexual conduct with an
animal actually occurs.
MS. CARPENETI, again pointing out that the same language already
exists in other statutes, said her interpretation is that the
sexual conduct with an animal would actually have to occur, but
offered to research the issue further.
REPRESENTATIVE GRUENBERG argued that a person could be found
guilty of inducing or encouraging another person to do something
even if that other person never does the thing that he/she was
induced or encouraged to do.
MS. CARPENETI again offered to research the issue further.
MR. SICA, in response to a question, offered his understanding
that the crime of bestiality became a felony in Washington in
2005 after one man bled to death as a result of engaging in sex
with an animal.
REPRESENTATIVE HOLMES referred to proposed AS 11.61.140(a)(6)(C)
- which would make it a crime for a person to permit sexual
conduct with an animal to be conducted on any premises under the
person's control - and asked whether under that provision a
landlord would have a duty to evict a tenant or turn him/her in
to the authorities if the landlord suspected that the tenant was
engaging in such activity.
MS. CARPENETI offered her belief that permitting something to
occur requires more than just knowing something is occurring -
that a more culpable mental state would be required for purposes
of prosecution - and noted that similar language is included in
the statutes pertaining to crimes and behaviors that could
endanger a minor. In response to another question, she offered
her understanding that in the Klawock incident, the perpetrator
was charged with and convicted of criminal mischief, which
includes the crime of harming property.
2:00:03 PM
REPRESENTATIVE GATTO made a motion to adopt Conceptual
Amendment 1, which read [original punctuation provided]:
Insert on page 2 after line 23.
Animal means a non human mammal, bird, reptile or
amphibian, either dead or alive
REPRESENTATIVE HOLMES objected for the purpose of discussion.
REPRESENTATIVE GATTO indicated that he would prefer for the bill
to provide for what he characterized as a more inclusive
definition of animal than currently exists [in AS
11.81.900(b)(3)], offering his belief that Conceptual
Amendment 1 would more clearly reflect the committee's intent.
He also indicated that he has concern the bill might only apply
in instances in which a live animal is sexually abused.
MS. CARPENETI pointed out that the definition provided by
Conceptual Amendment 1 would apply to the entirety of the animal
cruelty statute, and expressed a desire to have more time to
research what effect Conceptual Amendment 1 would have on that
statute.
REPRESENTATIVE GRUENBERG said he is hesitant to include a
different definition than that which already exists in statute,
surmising that the current definition has already been carefully
thought out, but suggested that the DOL ought to consider
whether it wants the bill to apply to sexual abuse of dead
animals as well as live animals.
REPRESENTATIVE GATTO, in response to a question, indicated that
he thinks that Conceptual Amendment 1 provides for a better
definition of "animal" than currently exists in statute.
REPRESENTATIVE LYNN expressed a preference for maintaining the
language of Version R as it's currently written.
REPRESENTATIVE GRUENBERG suggested that Representative Gatto
consider including his proposed definition in other legislation,
rather than in HB 6.
REPRESENTATIVE COGHILL said he, too, is troubled by the breadth
of Conceptual Amendment 1, and suggested that Representative
Gatto take time to research the issue further.
MS. CARPENETI, in response to a question, explained that any
forthcoming new definition could specify whether it applies to
the whole of a particular title or chapter of statute, or to
just a section or subsection of statute.
REPRESENTATIVE GATTO withdrew Conceptual Amendment 1.
REPRESENTATIVE GRUENBERG referred to the title of HB 6, and
questioned whether it ought to specify "sexual conduct or sexual
activities" rather than just "sexual conduct or activities".
His concern, he relayed, is that the title isn't tight enough as
currently written.
REPRESENTATIVE LYNN indicated that he would be amenable to such
a change.
2:08:42 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2, to
insert on page 1, line 1, the word "Sexual" after the word "or".
There being no objection, Amendment 2 was adopted.
2:09:01 PM
REPRESENTATIVE COGHILL moved to report the proposed CS for HB 6,
Version 26-LS0022\R, Luckhaupt, 2/24/09, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE HOLMES objected for the purpose of discussion.
She asked Ms. Carpeneti to research further the issues raised
during discussion of proposed AS 11.61.140(a)(6)(B)(ii) and (C),
and suggest any changes necessary to alleviate members'
concerns.
MS. CARPENETI agreed to do so.
REPRESENTATIVE HOLMES then removed her objection.
CHAIR RAMRAS announced that CSHB 6(JUD) was reported from the
House Judiciary Standing Committee.
HB 149 - CIVIL LEGAL SERVICES FUND
2:10:05 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 149, "An Act allowing appropriations to the civil
legal services fund from court filing fees."
The committee took an at-ease from 2:10 p.m. to 2:13 p.m.
CHAIR RAMRAS mentioned that the House Judiciary Standing
Committee is the sponsor of HB 149, and indicated that the bill
is intended to provide additional funding for the State's civil
legal services [fund].
2:14:46 PM
JANE W. PIERSON, Staff, Representative Jay Ramras, Alaska State
Legislature, explained that HB 149 was written at the request of
the Alaska Legal Services Corporation (ALSC), which is a
nonprofit law firm that's been in business for 40 years and
which responds to the civil legal needs of low-income Alaskans
who would otherwise go without legal assistance. The mission of
the ALSC is to provide meaningful access to justice [via]
resolving legal problems for low-income clients in the civil
justice system, thus promoting family stability and reducing the
legal consequences of poverty. Although the ALSC stretches its
resources in order to help as many people as possible, there are
still a large number of unmet needs. House Bill 149, therefore,
would provide [an additional] mechanism for funding the ALSC, by
allowing the legislature to appropriate up to 25 percent of the
filing fees paid to the Alaska Court System (ACS) during the
previous year, into the civil legal services fund, which was
created last year. For example, in fiscal year (FY) 2008, the
ACS collected and turned over to the State of Alaska a total of
$2,525,300, and so 25 percent of that amount would represent
$631,325 should the legislature choose to appropriate those
funds to the ALSC.
MS. PIERSON relayed that over the last several years, while
still struggling to serve larger and larger numbers of
applicants, the ALSC's funding has dwindled, from $4.2 million
as of 1987, to $3.1 million as of 2007. Furthermore,
appropriations from the State of Alaska that were once as high
as $1.2 million, is currently only $200,000. House Bill 149
aims to correct this lack of funding and help ensure civil legal
representation for Alaska's most needy population.
2:17:23 PM
VANCE A. SANDERS, Attorney at Law; Chair, Board of Directors,
Alaska Legal Services Corporation (ALSC), noted that he started
working with the ALSC back in 1984, and has been very involved
in the program. He characterized the ALSC as an integral part
of the justice delivery system in Alaska, noting that a poor
person who is not charged with a crime does not have equal
access to justice; the ALSC acts as a safety net for a variety
of people whom, but for the ALSC, wouldn't have any access to
justice at all. Unfortunately, the ALSC is only receiving some
federal funding, and so the ALSC must look for additional
funding from other sources, such as various municipalities in
the state, legislative appropriation, which, again, is now down
to $200,000, and other attorneys via the Robert Hickerson
Partners in Justice campaign. Simply put, the ALSC needs a more
reliable stream of income, Mr. Sanders remarked, adding that the
ALSC anticipates that HB 149 would provide for such, though
funds would still be subject to annual appropriation, and thus
there aren't any constitutional problems with the bill.
REPRESENTATIVE COGHILL asked [which other entities] have access
to the State's civil legal services fund.
MR. SANDERS said he didn't know.
2:21:38 PM
REPRESENTATIVE GRUENBERG sought assurance that the ALSC could
receive funding from the State's civil legal services fund even
though the ALSC also provides assistance to persons over the age
of 60 regardless of their income level.
MR. SANDERS indicated that the ALSC could still receive funding
from the State's civil legal services fund.
REPRESENTATIVE GRUENBERG asked whether AS 37.05.590's definition
of a "low-income individual" is still accurate.
MR. SANDERS indicated that it is. In response to another
question, he indicated that that definition doesn't need
revision because the percentage listed therein is tied to the
federal poverty threshold, which changes annually. In response
to a further question, he indicated that it might be helpful to
specify in the bill that it is not intended to reduce other
funding.
CHAIR RAMRAS expressed disfavor with doing so.
2:26:35 PM
ANDY HARRINGTON, Attorney at Law; Executive Director, Alaska
Legal Services Corporation (ALSC), relayed that in 2008, the
ALSC provided direct representation services to over 1,500
families; approximately 1,800 people attended ALSC workshops and
clinics; and about 43,000 people obtained assistance from the
ALSC's web site. The ALSC has done a lot of good work, he
remarked, but due to insufficient resources, had to turn away
two out of every three families that sought the ALSC's help, and
another 700 people seeking help were referred elsewhere due to
staff limitations. The Alaska Supreme Court's Access to Civil
Justice Task Force estimates that there are about 33,000
indigent Alaskans facing a legal need during any given year. He
opined that the cost effectiveness with which the ALSC delivers
these services stems from two factors: the ALSC's volunteer
support program, which recruits private attorneys to donate time
handling cases for low-income Alaskans, and the much lower
salaries of the ALSC's attorneys. He mentioned that the ALSC is
struggling to maintain delivery of services in rural areas of
the state; that the ALSC has nine offices, one of which is a new
office in Kenai; and that funding is obtained from a variety of
sources.
MR. HARRINGTON, in response to a question, offered his
understanding that currently there are two groups which can
obtain funding from the State's civil legal services fund, one
being the ALSC, and the other being the Alaska Pro Bono Program,
Inc. (APBP), which uses the same income and asset eligibility
guidelines as the ALSC. Should other, similar organizations
change their income and asset eligibility criteria to mirror
those of the ALSC and the APBP, he added, then they, too, could
obtain funding from the State's civil legal services fund.
CHAIR RAMRAS mentioned that the Department of Revenue (DOR)
would be submitting a zero fiscal note with the bill. He then,
after ascertaining that no one else wished to testify, closed
public testimony on HB 149.
REPRESENTATIVE GATTO - referring to the aforementioned figure of
$631,325 - offered his understanding that passage of the bill is
going to result in the ALSC receiving a substantial increase in
State funding.
REPRESENTATIVE GRUENBERG pointed out that the bill merely gives
the legislature the authority to appropriate up to [25 percent
of the filing fees received by the ACS during the previous
fiscal year] - those funds would still have to be appropriated
by the legislature every year.
REPRESENTATIVE GATTO offered his belief that the bill would be
giving the ALSC a preference over all other organizations,
indicating that for that reason he would be voting "no" on the
bill.
REPRESENTATIVE COGHILL concurred with Representative Gruenberg
that the legislature would still have to appropriate any such
funding every year, and indicated that he is amenable to the
bill and its proposed additional funding source.
2:35:51 PM
REPRESENTATIVE COGHILL then moved to report HB 149 out of
committee with individual recommendations and the forthcoming
zero fiscal note.
CHAIR RAMRAS relayed that there was an objection to the motion.
A roll call vote was taken. Representatives Lynn, Gruenberg,
Holmes, Coghill, and Ramras voted in favor of reporting HB 149
from committee. Representative Gatto voted against it.
Therefore, HB 149 was reported out of the House Judiciary
Standing Committee by a vote of 5-1.
2:37:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:37 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB6 Sponsor Statement.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 01 HB149 Sponsor Statement.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 02 CSHB6 version R.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 03 Explaination of Changes version A to version R.pdf |
HJUD 3/20/2009 1:00:00 PM |
|
| 04 HB6 Bill version A.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 05 HB6 Sectional Analysis.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 06 HB6 FAQ.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 07 HB6 Research, Studies, Fact Sheets.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 02 HB149 Bill version A.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 03 HB149 State Collection from Court Fees.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 04 HB149 LSC Letter of Support.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 05 HB149 Backup information re ALSC.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 149 |
| 08 HB6 Letters SupportOpposition.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 09 HB6 News Stories.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |
| 10 Relevant Alaska Statutes.pdf |
HJUD 3/20/2009 1:00:00 PM |
|
| 11 HB6 Fiscal Notes.pdf |
HJUD 3/20/2009 1:00:00 PM |
HB 6 |