SENATOR TAYLOR brought CSHB 79(FIN) am (DAMAGE TO PROPERTY BY MINORS) before the committee as the next order of business. PATTY SWENSON, staff to Representative Con Bunde, related the intent of HB 79 is provide adequate compensation to organizations or individuals whose property has been vandalized by minors. The amount of compensation available in current statute is $2,000 and the legislation will raise the amount to $25,000. She noted the amounts awarded for vandalism in other states, under similar statutes, range to $10,000 to $15,000, with California being the highest at $25,000. The bill also adds language to current statute that would release parents or legal guardians from liability for damages caused by minors who have run away or are missing, providing that the parent or legal guardian makes a report of that person being missing or a runaway. Number 548 SENATOR DONLEY asked what happens when a parent kicks a minor out of the house and some vandalism occurs. KATHY TIBBLES, Division of Family & Youth Services, responded that it is her understanding that unless the minor runs away and is reported as missing, the parent is still responsible and can't abrogate that responsibility, unless there was a petitioning to allow the court to emancipate the minor. VINCE USERA, Assistant Attorney General, Department of Law, pointed out that if the minor were under the legal custody of the state, the parent would not be responsible. SENATOR DONLEY expressed his concern that he didn't think the legislation was fair to parents who may really be good parents, but just have a bad kid, because there is nothing in the bill to provide them with any relief. TAPE 94-37, SIDE B Number 035 SENATOR DONLEY commented that he didn't think parents could even insure against this risk. MS. SWENSON said that some insurance companies cover this and people do collect on their homeowner's insurance for vandalism that was intentional by a minor. Number 110 SENATOR TAYLOR also expressed concern with the $25,000 figure, saying that it has been on the books for a number of years at $2,000, and he would feel more comfortable with a lower number than $25,000. REPRESENTATIVE BUNDE pointed out that this is a civil action and the case would have to be pled before a court, and whether the parents are culpable or not culpable should be part of that proceeding. He thought if it were a jury trial the parents would have an excellent chance of defending themselves. SENATOR TAYLOR agreed that it was a civil action, but he said it doesn't provide for any defense other than the defense of the child being a runaway and the parent having filed a report. Number 170 There was discussion on setting some reasonable standards or defenses for the parents before they are liable. It was agreed that the bill would be held in committee to be worked on so that there would be a better consensus on it before reporting it out of committee.