04/07/2017 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB15 | |
| SB100 | |
| SB106 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 100 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 16 | TELECONFERENCED | |
| += | SB 15 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 7, 2017
1:49 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
State Commission on Human Rights
Drew Phoenix - Anchorage
- CONFIRMATION HELD
Alaska Police Standards Council
Bryce Johnson - Juneau
- CONFIRMATION ADVANCED
Board of Governors of the Alaska Bar
William Granger - Anchorage
- CONFIRMATION ADVANCED
SENATE BILL NO. 15
"An Act relating to possession of an electronic smoking product
or a product containing nicotine by a minor and to selling or
giving an electronic smoking product to a minor; relating to
business license endorsements to sell cigarettes, cigars,
tobacco, products containing tobacco, electronic smoking
products, or products containing nicotine; and relating to
citations for certain offenses concerning tobacco or nicotine
products."
- MOVED CSSB 15(JUD) OUT OF COMMITTEE
SENATE BILL NO. 100
"An Act relating to municipal liens."
- HEARD & HELD
SENATE BILL NO. 106
"An Act relating to a municipal tax exemption or deferral for
economic development property; and relating to a municipal tax
exemption for a fire protection system."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 15
SHORT TITLE: E-CIGS: SALE TO AND POSSESSION BY MINOR
SPONSOR(s): SENATOR(s) STEVENS
01/13/17 (S) PREFILE RELEASED 1/13/17
01/18/17 (S) READ THE FIRST TIME - REFERRALS
01/18/17 (S) L&C, JUD
02/14/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/14/17 (S) Heard & Held
02/14/17 (S) MINUTE(L&C)
02/21/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/21/17 (S) Heard & Held
02/21/17 (S) MINUTE(L&C)
02/28/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) <Bill Hearing Canceled>
03/02/17 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
03/02/17 (S) Moved CSSB 15(L&C) Out of Committee
03/02/17 (S) MINUTE(L&C)
03/06/17 (S) L&C RPT CS 4DP NEW TITLE
03/06/17 (S) DP: COSTELLO, HUGHES, MEYER, GARDNER
03/27/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/27/17 (S) Heard & Held
03/27/17 (S) MINUTE(JUD)
03/29/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/29/17 (S) <Bill Hearing Canceled>
04/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/03/17 (S) Heard & Held
04/03/17 (S) MINUTE(JUD)
04/05/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/05/17 (S) Heard & Held
04/05/17 (S) MINUTE(JUD)
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 100
SHORT TITLE: MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY
SPONSOR(s): SENATOR(s) EGAN BY REQUEST
03/29/17 (S) READ THE FIRST TIME - REFERRALS
03/29/17 (S) JUD
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 106
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): REPRESENTATIVE(s) FANSLER
02/06/17 (H) READ THE FIRST TIME - REFERRALS
02/06/17 (H) JUD, FIN
02/15/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/15/17 (H) Heard & Held
02/15/17 (H) MINUTE(JUD)
02/20/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/20/17 (H) Moved HB 106 Out of Committee
02/20/17 (H) MINUTE(JUD)
02/22/17 (H) JUD RPT 3DP 1NR
02/22/17 (H) DP: KOPP, FANSLER, CLAMAN
02/22/17 (H) NR: REINBOLD
03/06/17 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/06/17 (H) Heard & Held
03/06/17 (H) MINUTE(FIN)
03/16/17 (H) FIN AT 1:30 PM HOUSE FINANCE 519
03/16/17 (H) Moved HB 106 Out of Committee
03/16/17 (H) MINUTE(FIN)
03/17/17 (H) FIN RPT 6DP 4NR
03/17/17 (H) DP: KAWASAKI, ORTIZ, GUTTENBERG, GRENN,
SEATON, FOSTER
03/17/17 (H) NR: WILSON, PRUITT, THOMPSON, TILTON
03/24/17 (H) TRANSMITTED TO (S)
03/24/17 (H) VERSION: HB 106
03/27/17 (S) READ THE FIRST TIME - REFERRALS
03/27/17 (S) JUD, FIN
04/07/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DREW PHOENIX, Appointee
State Commission on Human Rights
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission on Human Rights.
BRYCE JOHNSON, Appointee
Alaska Police Standards Council
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
WILLIAM GRANGER, Appointee
Board of Governors of the Alaska Bar
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Governors of the Alaska Bar.
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in version N of the CS
for SB 15.
JOE DARNELL, Investigator
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Provided information related to SB 15.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 15.
TIM LAMKIN, Staff
Senator Gary Stevens
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Stated agreement with version N of the CS
for SB 15 on behalf of the sponsor.
SENATOR DENNIS EGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 100.
REPRESENTATIVE ZACH FANSLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 106.
GREG RAZO, President and Chairman of the Board
Alaska Legal Services Corporation (ALSC)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 106.
JOHN BIOFF, General Counsel
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: Testified in support of HB 106.
NICOLE BORROMEO, Executive Vice President and General Council
Alaska Federation of Natives
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 106.
PATRICK REINHART, Executive Director
Governor's Council on Disabilities and Special Education
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 106.
MARIE DARLIN
AARP and the Capital City Taskforce
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 106.
MARY SCHLOSSER, Staff
Representative Zach Fansler
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
related to HB 106.
ACTION NARRATIVE
1:49:40 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:49 p.m. Present at the call to
order were Senators Costello, Kelly, Wielechowski, and Chair
Coghill. Senator Meyer arrived soon thereafter.
^Confirmation Hearings
CONFIRMATION HEARINGS
State Commission on Human Rights
Alaska Police Standards Council
Board of Governors of the Alaska Bar
1:50:49 PM
CHAIR COGHILL announced the first order of business would be
confirmation hearings.
1:51:06 PM
SENATOR MEYER joined the committee.
CHAIR COGHILL asked Chief Johnson to tell the committee about
his interest in serving on the Alaska Police Standards Council.
1:51:16 PM
BRYCE JOHNSON, Appointee, Alaska Police Standards Council,
Juneau, Alaska, said he has been in law enforcement for more
than 24 years, the last four of which he has been serving as
chief of the Juneau Police Department. He said he cares deeply
about the profession and appreciates this opportunity to serve.
CHAIR COGHILL thanked Chief Johnson for his service. Finding no
questions, he advised that his name would be forwarded to the
full body for consideration.
CHAIR COGHILL asked Mr. Granger to tell the committee about his
interest in serving on the Board of Governors of the Alaska Bar.
1:53:13 PM
WILLIAM GRANGER, Appointee, Board of Governors of the Alaska
Bar, Anchorage, Alaska, said he is a banker by profession and
has served as treasurer on the board of governors for about 12
years. He said he is pleased to report that the financial
condition of the board is sound, and he appreciates the
opportunity to continue this service.
CHAIR COGHILL asked what the board of governors looks at in
terms of managing the bar association.
MR. GRANGER explained that it provides general oversight and
direction as to how the organization functions.
CHAIR COGHILL thanked Mr. Granger for his service. Finding no
questions, he advised that his name would be forwarded to the
full body.
1:57:34 PM
CHAIR COGHILL asked Mr. Phoenix to tell the committee about his
interest in serving on the State Commission on Human Rights.
DREW PHOENIX, Appointee, State Commission on Human Rights,
Fairbanks, Alaska, said his passion, experience, and education
center on human rights and civil rights. The nine years he has
lived in Alaska he has worked in a variety of nonprofits
focusing on civil rights. He said he firmly believes that
eliminating the threat of discrimination for individuals will
benefit the entire state in terms of health, safety, and
economic wellbeing. "I am honored to be able to use my expertise
in diversity management on behalf of the human rights
commission."
CHAIR COGHILL, noting that he had worked for the ACLU, asked
what things he had advocated for.
MR. PHOENIX said he worked at the ACLU of Alaska for four years
in various capacities. Most recently he worked as the director
of development and communication coordinating the analysis and
public education of various civil rights issues. He recalled the
top three issues involved workplace discrimination, ADA
compliance violations, and voting rights. Most recently he
worked at Identity, Inc. as the executive director. It is the
statewide lesbian, bisexual, transgender nonprofit corporation
that does education, advocacy and community support.
CHAIR COGHILL described gender identity as a hot button issue
and asked if he works in that area.
MR. PHOENIX said his concern, and his role in the Human Rights
Commission, is the protection of all Alaskans in all areas that
pertain to the Alaska Human Rights Law, AS 18.80. That law
primarily focuses on race, sex, religion, national origin,
ability, disability, and age. He noted that the statute does not
include certain things that he worked on in his role at
Identity.
CHAIR COGHILL asked if he could be even handed and work through
the law in those areas.
MR. PHOENIX replied he would objectively and impartially enforce
the existing Alaska Human Rights Law to the best of his ability
2:03:25 PM
SENATOR KELLY asked if he supported the ACLU when it sought to
overturn the law passed in 2010 that required a parent to be
notified before an abortion could be performed on their minor
daughter.
MR. PHOENIX replied the ACLU decided to pursue that item as an
organization; his opinions and vantage point are separate from
that. He added, "I am here to uphold and enforce the Human
Rights Law as it pertains to discrimination in areas of
employment, public accommodation, finance and credit and I will
absolutely do that in keeping with the law."
SENATOR KELLY said, "You're associated with ACLU. I just want to
know if you supported their position on that or not."
MR. PHOENIX said he isn't sure how that pertains to this
position, but he does support a woman's right to choose the kind
of reproductive care she receives.
SENATOR KELLY said he wanted to know his predisposition on that
kind of thing. "Did you support the ACLU's position on that
matter or not?"
MR. PHOENIX said he just started working at the ACLU in 2010 and
that matter did not pertain to his job.
SENATOR KELLY asked if he supported the Alaska ACLU when it
sought to overturn a law that limited public funding of abortion
to those cases for which it was medically necessary.
MR. PHOENIX answered yes.
SENATOR KELLY mentioned an ACLU lawsuit against a Catholic
hospital in Michigan and asked if he believes a health care
provider would be guilty of sex discrimination if it refused to
provide abortions or sterilization procedures.
MR. PHOENIX said if something like that came before the Human
Rights Commission, he would rely on the expertise of the
commission's legal counsel regarding how it pertains to AS 18.80
as well as the legal background of the case before making an
objective decision.
SENATOR KELLY shared that he struggles with the current Alaska
Human Rights Commission. "It seems to want to get out of the
bounds that are created for it by the statutes that we have
written, and it seems that the ACLU often comes to their aid in
that. I'm just trying to figure out here, are we going to add
another person to the commission that maybe has views that are
opposed to what the statute is and is willing to go through
other means to achieve those ends." He expressed concern about
the commission usurping the legislature's authority and
questioned whether the appointee holds views that are out of
step with the rest of Alaska. Alaskan's consistently vote
conservatively on these matters, yet the commission seems to be
moving to the left, he said. "As we go forward, I have some real
questions about this candidate and I want to know more." He
requested the chair hold Mr. Phoenix's name, so he could send
the appointee some questions. His answers would become part of
the record.
CHAIR COGHILL asked Mr. Phoenix if he would like to respond.
MR. PHOENIX said he would be happy to respond to the questions
that are sent to him. He added, "I am being asked as a
commissioner to enforce the current law and I would do that to
the best of my ability with all objectivity and impartiality."
2:11:54 PM
SENATOR WIELECHOWSKI said he finds the previous line of
questioning a little perplexing because the Alaska Human Rights
Commission has nothing to do with abortion. He asserted that the
appointee's private views on the subject are irrelevant and the
questions boarder on violating his constitutional right to
privacy. He pointed out that the Alaska Supreme Court agreed
with the ACLU when it reversed both lower court decisions on
parental notification and public funding for abortions. He said,
"I want someone on the Human Rights Commission who understands
the law [and] is advocating for justice and human rights. And I
don't care what his personal views are on these highly
controversial issues that have absolutely nothing to do with his
ability to perform his functions as a commissioner on the Human
Rights Commission."
2:13:01 PM
CHAIR COGHILL responded saying, "I've been on this committee for
a long, long, time and I've heard you and many others ask people
deeply about their personal views on things only to find out how
they would serve on a committee."
SENATOR WIELECHOWSKI replied, "Never on abortion Mr. Chairman."
CHAIR COGHILL responded, "Yes sir."
SENATOR KELLY said it is absurd to say that questioning a
candidate's views on controversial issues is a violation of
their constitutional rights. These are exactly the kinds of
issues that will come before the Human Rights Commission.
CHAIR COGHILL commented on the passion these issues elicit.
2:14:55 PM
SENATOR MEYER asked why he left the profession of theology to
work for the Community Action on Toxics, the ACLU, and then
Identity, Inc.
MR. PHOENIX said he still is an ordained minister but no longer
serves local churches. After serving as a minister for over 20
years he was ready for a change. He fell in love with Alaska and
decided to move here and use his education and experience in
executive management in a different sector than the ministry.
SENATOR MEYER asked what he is doing in Fairbanks.
MR. PHOENIX said he and his wife opened a diversity management
consulting firm. He is also homeschooling their child and
interviewing for permanent positions in Fairbanks.
CHAIR COGHILL thanked Mr. Phoenix and asked him to return based
on Senator Kelly's request.
2:18:48 PM
SENATOR WIELECHOWSKI asked if the public would have an
opportunity to comment on the appointee.
2:18:58 PM
CHAIR COGHILL confirmed that public testimony would be taken.
SB 15-E-CIGS: SALE TO AND POSSESSION BY MINOR
2:19:18 PM
CHAIR COGHILL announced the consideration of SB 15 and solicited
a motion to adopt the proposed committee substitute (CS).
2:20:26 PM
SENATOR COSTELLO moved to adopt the CS for SB 15, labeled 30-
LS0170\N, as the working document.
CHAIR COGHILL objected for an explanation of the changes.
2:20:41 PM
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State
Legislature Juneau, Alaska explained that the CS for SB 15
version N, removes Section 3 of the previous version of the
bill. [It removes amendments to AS 11.76.106(a)] that prohibit
electronic smoking products or products containing nicotine to
be sold to individuals 19 years of age or older while not in the
presence of a sales clerk.
SENATOR MEYER asked how age is verified on internet sales.
MR. SHILLING said he didn't know, but current law does not
prohibit individuals 19 years of age and older from purchasing
e-cigarettes and e-liquids when not in the presence of a sales
clerk. He deferred further explanation to the Department of
Health and Social Services (DHSS).
CHAIR COGHILL asked Mr. Darnell how age is verified for online
sales.
2:22:48 PM
JOE DARNELL, Investigator, Division of Behavioral Health,
Department of Health and Social Services (DHSS), Anchorage,
Alaska, advised that online businesses have age verification
questions and that the Department of Revenue regulates online
sales for tax purposes.
CHAIR COGHILL said he didn't want a blanket prohibition on
internet sales at this time.
SENATOR MEYER said he appreciates that, but youth need to be
protected from access to vaping products if they are the primary
users.
CHAIR COGHILL stated his preference to only address youth in the
bill. Adult use is a different policy discussion.
SENATOR MEYER said his concern is that by not addressing
internet sales youth will use that avenue for access.
2:25:57 PM
SENATOR GARY STEVENS, Alaska State Legislature, sponsor of SB
15, said this bill is targeted to restrict youth access to e-
cigarettes. It has enjoyed very little opposition and widespread
support. It is not a tax bill. "I think we can do some good
things for the young people in our communities by passing this
bill as it is."
SENATOR MEYER asked if he supports the CS.
SENATOR STEVENS suggested Mr. Lamkin respond.
2:27:39 PM
TIM LAMKIN, Staff, Senator Stevens, Alaska State Legislature,
said the CS is agreeable; Section 3 of the previous version was
problematic because it raises tax issues.
SENATOR MEYER asked if Section 3 is the only change.
CHAIR COGHILL replied it is the primary change.
SENATOR MEYER reiterated his concern that youth would use the
internet to access e-products.
2:31:04 PM
SENATOR STEVENS said this is not the perfect answer, but it will
help.
CHAIR COGHILL voiced support for moving the bill and thanked the
sponsor for working with him on the new CS.
2:32:06 PM
SENATOR COSTELLO moved to report the CS for SB 15, version 30-
LS0170\N, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COGHILL stated that CSSB 15(JUD) is reported from
committee.
SB 100-MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY
2:32:47 PM
CHAIR COGHILL announced the consideration of SB 100.
2:33:27 PM
SENATOR DENNIS EGAN, Alaska State Legislature, sponsor of SB
100, introduced the bill speaking to the following sponsor
statement:
SB 100 is at the request of a number of Alaska city
attorneys. It fixes an unintended consequence of a
1998 bill aimed at ending unauthorized 'common law'
liens that were being used to go after public servants
when individuals disagreed with a government action.
Liens are a tool local governments across America use
to recoup unpaid costs of providing services or
abating dangerous situations. In Alaska, many rural
municipalities provide utility services for their
communities. Those municipalities use liens to collect
from people who use services but don't pay. Liens have
historically also been used to recover local
governments' costs when they have to abate dangerous,
dilapidated, or public nuisance properties.
In 2012, the Alaska Supreme Court held that because
liens based solely on municipal law were not included
in the code of civil procedure, municipal liens
without a hook to some other state law were not valid.
SB 100 puts the tools back in municipalities' hands by
giving liens under municipal law the same authority as
state and federal law liens under Alaska statutes.
2:35:33 PM
SENATOR COSTELLO asked if he was aware of any opposition to the
bill.
SENATOR EGAN said no.
CHAIR COGHILL held SB 100 in committee for further review.
HB 106-CIVIL LEGAL SERVICES FUND
2:36:47 PM
CHAIR COGHILL announced the consideration of SB 106.
2:37:17 PM
REPRESENTATIVE ZACH FANSLER, Alaska State Legislature, sponsor
of HB 106, introduced the legislation speaking to the following
sponsor statement:
This bill will safeguard Alaskans' access to the civil
justice system by creating a stable and sustainable
mechanism for funding the Alaska Legal Services
Corporation, protecting those who cannot afford to
hire an attorney of their own. It allows the
Legislature to appropriate up to 25 percent of filing
fees paid to the Alaska Court System during the
previous fiscal year into the already existing Civil
Legal Services Fund.
The Alaska Legal Services Corporation-established in
1967-is a nonprofit charitable 501(c)(3), whose
funding comes from a variety of state, federal, and
private sources.
Alaska Legal Services Corporation endeavors to serve a
growing number of eligible applicants. Since 1984, the
number of Alaskans who qualified for legal services
has more than doubled, from 41,000 to over 100,000.
Yet currently, the state's contribution to The Alaska
Legal Services Corporation is only a fraction of what
it was 30 years ago. House Bill 106 aims to stabilize
the Alaska Legal Services Corporation funding and help
ensure that civil legal aid is available to all
Alaskans, not just the few who can afford it.
2:38:47 PM
CHAIR COGHILL opened public testimony on HB 106.
2:39:32 PM
GREG RAZO, President and Chairman of the Board, Alaska Legal
Services Corporation (ALSC), Anchorage, Alaska, advised that
ALSC provides free legal help to low-income Alaskans and is
dedicated to assuring access to justice for all Alaskans. He
said HB 106 aims to reduce Alaska's civil justice gap that ALSC
has tried to bridge for 15 years. He provided examples of the
individuals that ALSC has represented. He said he has
volunteered his time to serve on the ALSC board for more than 25
years because he believes in the mission and has seen how these
lawyers can change people's lives for the better. He has also
witnessed the bad outcomes when Alaskans cannot afford to get
the civil legal help they need. He pointed out that defendants
who cannot pay are not guaranteed a court-appointed attorney for
civil cases. ALSC is their only option.
MR. RAZO said he can also attest that ASLC is fiscally prudent,
so it can serve as many clients as possible. These attorneys are
some of the best lawyers in Alaska. They receive positive
results in 86 percent of their cases and they resolve 80 percent
of their clients' legal issues without having to go to court. He
reported that the ALSC helped 6,500 Alaskans last year but had
to turn away 850 clients because they couldn't afford to do the
work. The ALSC fund already exists and HB 106 will provide one
more funding source.
CHAIR COGHILL said Mr. Razo's arguments compelled him to bring
the bill up even though he does not generally support a
designated funding stream.
2:45:41 PM
JOHN BIOFF, General Counsel, Kawerak, Inc., Nome, Alaska, stated
that he is testifying in support of HB 106. He said he has
worked closely with the ALSC for the last 15 years. It provides
a critical service to many of the families in the region who
rely heavily on subsistence to survive. Many of the people in
this region are not able to afford a private attorney for any
civil legal matter and ALSC has provided this service. They have
no other recourse and there would be a real civil legal services
gap if ALSC attorneys weren't present in the area.
2:48:05 PM
NICOLE BORROMEO, Executive Vice President and General Council,
Alaska Federation of Natives (AFN), Anchorage, Alaska, stated
that the AFN has worked with the Alaska Legal Services
Corporation on several issues and has found it to be a great
organization that is doing tremendous work in the state. She
cited the example several years ago when ALSC helped find a
solution when the state and Native community were at odds on a
legal matter concerning a Native child and the application of
the Indian Child Welfare Act (ICWA). With their help, guidance
and technical expertise, emergency regulations were passed and
then the statute was changed last year as well. She said that
every dollar that ALSC receives is multiplied in terms of
benefits that come to Alaskans, not just the Native community
but also to veterans, seniors, and children. She urged the
committee to pass HB 106 quickly.
2:50:16 PM
PATRICK REINHART, Executive Director, Governor's Council on
Disabilities and Special Education, Anchorage, Alaska, stated
that the council supports HB 106 and has done so in previous
years. He said their primarily interest is that many of their
beneficiaries use the services of the Alaska Legal Services
Corporation. These services are vital for access to housing,
health care and food, and protection from abuse. He said the
council submitted a letter of support and hopes the committee
passes HB 106.
2:51:26 PM
MARIE DARLIN, representing AARP and coordinator of the Capital
City Taskforce, advised that AARP submitted a letter that lists
the reasons for AARP's support for HB 106. It establishes a more
stable funding mechanism for the Alaska Legal Services
Corporation. She reminded the committee that with the rapidly
increasing population of older Alaskans, there will be increased
need for ASLC services.
CHAIR COGHILL asked the sponsor to explain how the Alaska Legal
Services Corporation is funded.
REPRESENTATIVE FANSLER deferred the question to his staff.
2:54:57 PM
MARY SCHLOSSER, Staff, Representative Zach Fansler, Alaska State
Legislature, explained that ALSC is an Alaska organization that
was established in 1967. It receives some funding from the
national legal services organization as well as a $450,000 grant
from the Department of Commerce, Community and Economic
Development and occasional punitive damages. She said the
commerce grant decreased $100,000 over the last two years while
the caseload has steadily increased over the last 10 years. HB
106 would stabilize the funding.
SENATOR MEYER asked to hear from the Court System about how they
would be affected if 25 percent of the filing fees were
dedicated to ALSC. He asked for an explanation that ALSC seems
to be doing more with less.
REPRESENTATIVE FANSLER clarified that court fees currently go
into the undesignated general fund, so the bill would not impact
funding for the Court System. Regarding doing more with less, he
said the numbers show that there is more need for ALSC services
every year. Current estimates indicate that about half of the
applications for services are turned away because funding is not
stable.
CHAIR COGHILL shared that he is not a proponent of designated
funding and would therefore be looking for a way to amend the
bill.
REPRESENTATIVE FANSLER pointed out that the bill states it is
not the intent to create a dedicated fund. Future legislatures
could choose to appropriate zero percent in lean times and up to
25 percent when the state is in better fiscal shape.
3:00:22 PM
CHAIR COGHILL held HB 106 in committee.
3:00:38 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:00 p.m.