Legislature(2017 - 2018)SENATE FINANCE 532
04/23/2018 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB267 | |
| HB219 | |
| HB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 219 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 267 | TELECONFERENCED | |
HOUSE BILL NO. 106
"An Act allowing appropriations to the civil legal
services fund from court filing fees."
2:36:22 PM
REPRESENTATIVE MATT CLAMAN, SPONSOR, thanked the committee
for hearing the bill. He explained the legislation. He
communicated that the bill would safeguard Alaskans' access
to the civil justice system by creating a stable and
sustainable mechanism for funding the Alaska Legal Services
Corporation (ALSC), protecting those who cannot afford to
hire an attorney of their own. The ALSC provided help to
seniors, veterans, disabled Alaskans, children, low income
workers, consumers, and domestic violence victims. The
Senate Judiciary Committee Substitute [SCS HB 106(JUD)]
allowed the legislature to appropriate 5 percent of the
filing fees paid to the Alaska Court System during the
previous fiscal year into the already existing Civil Legal
Services Fund. He furthered that the fund was created in
2007 with bipartisan support to help ensure that civil
legal aid was available to Alaska's disadvantaged
population. He elaborated that deposits to the fund were
generated from 15 percent of civil punitive damage awards
at the discretion of the legislature. The legislature was
authorized to distribute the funds to organizations that
provided civil legal services to low income Alaskans. In
2011, ALSC received its only appropriation from the fund in
the amount of $110 thousand. The amount was insufficient to
address the critical unmet need for civil legal assistance.
He noted that in 2017 the attorney general reported that in
the last four years the state only collected $15 thousand
in punitive damages. He furthered that the Alaska Legal
Services Corporation was established in 1967 and was a
nonprofit charitable 501(c)(3), whose funding comes from a
variety of state, federal, and private sources.
Representative Claman continued that the Alaska Legal
Services Corporation endeavored to serve a growing number
of eligible applicants. Since 1984, the number of Alaskans
who qualified for legal services had more than doubled,
from 41,000 to over 100,000. Currently, the state's
contribution to ALSC was only a fraction of what it was 30
years ago. The state appropriated $1.2 million in 1984 with
the appropriation declining to $450 thousand in 2016. The
corporation had to turn away hundreds of families each
year. The legislation attempted to bridge the civil justice
gap by stabilizing ALSC funding and providing civil legal
aid to all Alaskans, not just the few who can afford it.
Representative Claman relayed from personal experience that
his former law practice had volunteered for many years,
working with the ALSC performing intake interviews with
clients and received a Bar Association award for its work.
He personally observed that ALSC's demand for services was
much higher than they could provide and underscored the
importance of the bill.
2:40:13 PM
LIZZIE KUBITZ, STAFF, REPRESENTATIVE MATT CLAMAN, explained
the Sectional Analysis (copy on file):
Section 1
Amends AS 37.05.590 relating to the Civil Legal
Services Fund by inserting language that authorizes
the legislature to appropriate up to 25 percent of the
filing fees received by the Alaska Court System during
the previous fiscal year into the already created
Civil Legal Services Fund.
2:42:36 PM
Co-Chair MacKinnon OPENED public testimony.
2:42:55 PM
NIKOLE NELSON, EXECUTIVE DIRECTOR, ALASKA LEGAL SERVICES
CORPORATION, shared that the ALSC was a non-profit law firm
dedicated to ensuring access to justice for all Alaskans in
the civil legal system. The corporation strove to bridge
Alaska's civil justice gap for 50 years. She explained why
it was vital to support civil legal aid. She conveyed that
both the state and federal constitutions guaranteed due
process and equal protection under the law. However, civil
legal aid was significantly lacking and created an
"enormous justice gap" between individuals who needed civil
legal aid and those that could attain it. She voiced that
the mission of ALSC was to ensure fairness for all in the
civil justice system. She delineated that the corporation
provided legal help in protecting individuals' livelihood,
health, safety, and families. The corporation offered
direct advice and representation as well as self-help
information for the public. The corporation maintained a
hotline for advice and provided community education and
clinics. The corporation had 11 regional offices and 6
medical legal partnerships that enabled it to expand its
reach statewide. The offices were located in Anchorage,
Juneau, Fairbanks, Kotzebue, Ketchikan, Nome, Bethel,
Dillingham, Kenai, Palmer, Utqiagvik, Sitka, and Kodiak.
Each office was staffed locally and relied on a vast
network of pro bono volunteers due to limited resources.
She described the type of clients the ALSC served. She
elucidated that women who suffered spousal abuse often in
front of their children, or a grandfather who supported his
grandchildren and was afraid of losing his home due to a
predatory lender, or a commercial fisher who spent her all
money on boat repair and the boat subsequently caught on
fire, or a disabled veteran denied federal Veteran's
Affairs benefits were all examples of individuals that
asked ALSC for help on a daily basis. She emphasized that a
civil legal solution existed for all the problems she
described and the constitutional right for a criminal court
appointed attorney was not extended to civil cases.
Ms. Nelson continued that the ALSC was at the "forefront of
fighting the epidemic of domestic violence that plagued the
state, serving over 500 victims per year." In addition, the
corporation protected over 1000 seniors and their
caregivers and assisted with wills, probates, and power of
attorney. The corporation helped over 500 hundred veterans
and 300 disabled individuals gain access to healthcare and
benefits and 350 families fend off foreclosure and illegal
evictions. The ALSC made civil legal services a "reality"
for rural Alaskans, which represented over 40 percent of
its clients in 182 different communities. The corporation
assisted over 3000 families and 7000 individuals with more
than 43 thousand visits to its website and 2000 individuals
attended its clinics and self-help workshops. She noted a
2012 study by the Alaska Mental Health Trust Authority
(AMHTA), which found that for every dollar invested in ALSC
it returned $5 to the state. She relayed that ALSC saved
the state $600 thousand in avoided emergency shelter costs,
$2.6 million for domestic violence victims' medical care
and counseling costs and helped disperse federal funds into
the economy by assisting those that earned federal benefits
receive them.
2:48:31 PM
Ms. Nelson furthered her testimony. She relayed that ALSC
turned away hundreds of families last year with compelling
needs at the rate of one for every one family served. She
emphasized that the rejected cases had merit and civil
recourse was available but ALSC lacked the staff and
resources to assist those in need. She stressed that
funding had not kept pace with the growing need. The
corporation was "incredibly cost efficient" and 80 percent
of cases were resolved out of court with the average case
costing $600. She reported that the starting salary for an
Anchorage attorney was $44 thousand per year. The
corporation leveraged the resources of donated office space
and over $500 thousand in volunteer services. She
emphasized that HB 106 would help bridge the justice gap
and ensure that the principle of "justice for all" remained
a priority.
Senator Olson was impressed by ALSC and the pro bono
services it received. He asked how many law offices
provided pro bono services in the state. Ms. Nelson replied
that the corporation had a pool of approximately 850 active
pro bono attorneys each year. Senator Olson inquired about
the number of attorneys ALSC had on staff. Ms. Nelson
responded that ALSC had 35 attorneys.
Senator Micciche voiced that sometimes the state was sued
by ALSC on behalf of clients. He asked how often the
corporation sued the state and to discuss under what
circumstances ALSC was prohibited from practicing. Ms.
Nelson answered that "on occasion" the ALSC took cases
where the state was the opposing party. She reported that
the number of affirmative lawsuits against the state was
less than 10 out of the 3.3 thousand cases each year. Most
often the corporation was helping individuals in the
"defensive position." She added that the corporation was
prohibited via federal regulation from providing services
for controversial matters like abortion related services or
gerrymandering cases etc. In addition. the ALSC was
prohibited from competing with the private bar and did not
take on fee generating services such as personal injury
cases. She offered to provide a complete list of
restrictions.
2:54:01 PM
Vice-Chair Bishop appreciated Ms. Nelson's testimony and
was supportive of the service the ALSC provided.
Senator Micciche noted that the list of restrictions was
included in the member's bill packets [titled " Alaska
Legal Services Corporation Restrictions on Cases] (copy on
file).
2:54:34 PM
Co-Chair MacKinnon OPENED public testimony.
EMILIE BEASLEY, SELF, MATSU (via teleconference), spoke in
support of the bill. She reported that she was 73 years of
age, lived in the state since 1977, and served in the
Marine Corps. She explained that ALSC helped her remain
safe in her home from a family member who threatened her
life. She appreciated the respectful attitude of ALSC staff
and the representation in court. She urged support of the
bill to help protect senior citizens.
2:55:32 PM
Vice-Chair Bishop thanked Ms. Beasley for her service to
the country.
Co-Chair MacKinnon CLOSED public testimony.
2:56:00 PM
AT EASE
2:56:33 PM
RECONVENED
Co-Chair MacKinnon indicated that a new fiscal note was
requested from the Office of Management and Budget (OMB).
She announced that amendments were due the following day by
5pm and that amendments for HB 219 were due the following
day by noon.
HB 106 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB106 Additional Document-HFIN Questions Memo 2.22.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Sectional Analysis ver D 2.22.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Additional Document-SJUD Questions Memo 2.22.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Sponsor Statement 2.22.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Supporting Document-Letters of Support 2.22.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Updated Sectional Analysis ver D 4.23.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |
| HB106 Updated Sponsor Statement 4.23.18.pdf |
SFIN 4/23/2018 1:30:00 PM |
HB 106 |