03/22/1995 01:37 PM Senate JUD

 SJUD - 3/22/95                                                                
                                                                               
              HB 9 DAMAGE TO PROPERTY BY MINORS                              
                                                                               
 SENATOR GREEN moved the adoption of SCSCSHB 9(JUD).  Both Senators            
 Ellis and Adams objected.                                                     
                                                                               
 WILDA WHITTAKER, legislative aide to Representative Therriault,               
 sponsor of HB 9, testified.  She explained changes made in the                
 Senate Judiciary Committee substitute.   The circumstances under              
 which an individual could qualify to recover costs of an infraction           
 committed by a minor is changed on line 22, page 2 through line 1,            
 page 3.                                                                       
                                                                               
 SENATOR TAYLOR asked if the only change from the original version             
 was to delete the parenthetical language from line 22 on page 2, to           
 page 3, line 1.  MS. WHITTAKER answered affirmatively.                        
                                                                               
 Number 554                                                                    
                                                                               
 SENATOR ELLIS questioned the rationale for the change.  SENATOR               
 TAYLOR explained subsection (A) on page 2 is a limitation upon the            
 ability to execute against the judgement debtor's permanent fund              
 dividend and provides exceptions.  It would allow a writ of                   
 execution be issued against the minor in a civil action to recover            
 damages and limits that amount to $10,000.  The deletion in the               
 Senate Judiciary Committee substitute removes certain hurdles                 
 requiring the establishment that the state of Alaska had acted to             
 declare the juvenile a delinquent, or that the juvenile was                   
 convicted of a criminal offense.                                              
                                                                               
 SENATOR ELLIS asked if the rationale is based on the fact that                
 obtaining the judgement is difficult to do.  SENATOR TAYLOR                   
 clarified there are significant exemptions provided by law that               
 exempt people from the enforcement of a writ of execution, i.e. the           
 Homestead exemption.  He noted an individual must earn $30,000 per            
 year before his/her salary can be executed upon.                              
                                                                               
 Number 526                                                                    
                                                                               
 SENATOR ELLIS asked if a judgement is made against a minor for                
 damages in civil court, a criminal judgement would not be required            
 to attach restitution.  SENATOR TAYLOR replied affirmatively.                 
                                                                               
 SENATOR GREEN questioned why the limit was placed at $10,000 and              
 what provisions would be made for damage over that amount.  MS.               
 WHITTAKER replied the $10,000 figure was determined to be the 1994            
 equivalent of the $2,000 limit in the statute updated in 1967.                
 SENATOR GREEN questioned whether restitution should cover actual              
 costs.                                                                        
                                                                               
 SENATOR ELLIS stated the measure regarding the emancipation of                
 minors that passed last year might provide an incentive for a                 
 parent to emancipate a minor if the restitution costs were                    
 increased, to avoid taking responsibility.  SENATOR GREEN felt the            
 amount to be arbitrary but not capricious.                                    
                                                                               
 SENATOR TAYLOR commented tort reform supporters would consider this           
 measure important because it caps liability.                                  
                                                                               
 SENATOR ADAMS questioned whether the language change on page 1,               
 line 11, would include foster parents as a liable party.  MS.                 
 WHITTAKER responded that foster parents would be exempt.  SENATOR             
 ADAMS asked who would pay for the damages.  Debate over whether the           
 state would be liable ensued.                                                 
                                                                               
 SENATOR ADAMS asked if a child broke a window in a neighbor's home            
 while playing ball, whether the child's permanent fund dividend               
 would be garnished to pay for the damages.  SENATOR TAYLOR noted              
 the act must be intentional or knowing.                                       
                                                                               
 Number 460                                                                    
                                                                               
 SENATOR ELLIS asked if SCSCSHB 9(JUD) contains an explicit                    
 exemption for foster parents or juveniles in state custody.  MS.              
 WHITTAKER replied Section B of the current statute exempts state              
 agencies or its agents from liability for the acts of unemancipated           
 minors in its custody.                                                        
                                                                               
 SENATOR GREEN moved SCSCSHB 9(JUD) out of committee with individual           
 recommendations.  SENATOR ADAMS objected.  The motion failed with             
 Senators Green and Taylor voting "Yea," and Senators Ellis and                
 Adams voting "Nay."                                                           
 SJUD - 3/22/95                                                                
                                                                               
               HB 9 DAMAGE TO PROPERTY BY MINORS                              
                                                                              
 SENATOR MILLER moved SCSCSHB 9(JUD) out of committee with                     
 individual recommendations.  There being objection a roll call vote           
 was taken.  The motion carried with Senators Miller, Green, and               
 Taylor voting "Yea," and Senator Ellis voting "Nay."