Legislature(2015 - 2016)SENATE FINANCE 532
03/25/2015 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB33 | |
| SB49 | |
| SB32 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 33 | TELECONFERENCED | |
| + | SB 49 | TELECONFERENCED | |
| + | SB 32 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 49
"An Act allowing appropriations to the civil legal
services fund from court filing fees."
9:17:21 AM
GENEVIEVE WOJTUSIK, STAFF, SENATOR LESIL MCGUIRE, discussed
the intent of the legislation. She explained that the bill
was designed to help fund civil legal services for low-
income Alaskans, and provide a mechanism for funding the
Alaska Legal Services Corporation (ALSC) by allowing the
legislature to appropriate up to 25 percent of filing fees
paid to the Alaska Court System during the previous fiscal
year. She recounted that the corporation was a non-profit
charitable 501(c)(3) established in 1966 to address civil
legal aid need of low-income Alaskans; and was funded from
a variety of state, federal, and private sources. She
specified that the bill had a zero fiscal note from the
court system.
Co-Chair MacKinnon referred to an analysis on the fiscal
note, and remarked that currently the court system
collected a little over $2 million, with an annual
appropriation to the legal services fund of up to $550,000.
Ms. Wojtusik reported that the court system had collected
$2.252 million the previous year, with up to a quarter of
that amount ($563,225) allowed to be appropriated to the
fund.
Co-Chair MacKinnon asked if the legislature already had the
ability to appropriate the funds. Ms. Wojtusik responded
that legislature currently gave money through the operating
budget, but did not actually designate funds every year,
which the bill would allow for.
9:19:36 AM
Vice-Chair Micciche clarified that SB 49 did not require an
appropriation, but rather allowed the legislature to
appropriate up to 25 percent of the filing fees. Ms.
Wojtusik concurred.
Vice-Chair Micciche suggested that when the state was not
in a compromised budget environment that it currently was,
it could appropriate funds to the legal services fund.
Vice-Chair Micciche expressed concern that the funds were
used to fund abortions.
NICOLE NELSON, DIRECTOR, ALASKA LEGAL SERVICES, stated that
federal law prohibited any funds coming through the
organization to be used to fund abortion-related litigation
or other controversial areas such as clients who were
undocumented or incarcerated.
9:21:49 AM
Senator Dunleavy asked for a description of the services
provided by ALSC. Ms. Nelson related that ALSC was a non-
profit law firm that provided free legal aid to low-income
Alaskans statewide. She added that the firm had been
operating for 45 years through 11 offices located in urban
and rural communities; striving to serve clients with
critical unmet civil legal needs. Ms. Nelson described
typical scenarios under which individuals might access ALSC
services: domestic abuse/child custody issues; child
guardianship rights for grandparents; and veteran's
benefits disputes. She furthered that in criminal cases
individuals were guaranteed a court-appointed attorney;
whereas in the civil realm there was no such guarantee. She
specified that ALSC served about 2,500 people each year,
which ended up directly impacted about 6,000 families.
Senator Dunleavy asked how the bill would benefit ALSC. Ms.
Nelson explained that currently the organization was forced
to turn away half of the individuals seeking legal help.
The legislation would help with the unmet legal needs of
those who were turned away due to lack of resources. She
discussed the cost efficiency of the organization and
commented that 80 percent of cases were resolved without
having to go to court, with the average case costing $600.
She pointed out that the attorneys were paid well below
market rate, and first year attorney was paid about $42,000
a year. She mentioned leveraging funds through donated
office space and volunteers.
9:25:32 AM
Senator Bishop asked how many attorneys were on staff. Ms.
Nelson stated that there were approximately 25 attorneys
statewide, as well as a large network of pro bono attorneys
who volunteered their time.
Co-Chair MacKinnon asked if there was a reason not to
change the requirement to require volunteer service as part
of licensing renewal for attorneys. Ms. Nelson was
uncertain if she knew how to answer the question, and
advised that the Alaska Bar Association was in charge of
licensing requirement. She added that attorneys were asked
by the association to volunteer 50 hours per year, and
there were many attorneys who were very generous with their
time.
9:26:37 AM
Co-Chair MacKinnon OPENED public testimony.
Senator Olson asked if ALSC only dealt with civil
litigation rather than criminal cases. Ms. Nelson answered
in the affirmative.
Senator Olson asked if ALSC dealt with mediation and
arbitration. Ms. Nelson reported that ALSC would help with
mediation and arbitration if it was appropriate.
9:27:06 AM
MARIE DARLIN, COORDINATOR, AMERICAN ASSOCIATION OF RETIRED
PERSONS (AARP), JUNEAU, spoke in support of the
legislation. She thought the legislation provided a more
stable funding mechanism for ALSC, which was an important
part of the services needed by seniors who would not
otherwise have access to legal support. She stated that
without such access, low-income seniors were vulnerable to
many things that could affect their lives, and were subject
to all kinds of unfair or exploitative practices. She
referred to an increasing senior population, and stated
that AARP fully supported the bill.
9:29:26 AM
LINDA TOWARAK, NATIVE VILLAGE OF UNALAKLEET, UNALAKLEET
(via teleconference), spoke in support of the bill. She
discussed use of ALSC services by Unalakleet seniors;
recounting that 11 community elders had received assistance
with wills. She specified that 6 of the 11 individuals who
received assistance were military veterans, and 4 were
widows of veterans. She expressed appreciation for the work
of ALSC.
9:31:34 AM
MONINA WILLIS, ANCHORAGE (via teleconference), spoke in
support of the legislation. She related past experience
utilizing the services of ALSC including assistance with a
domestic violence protective order and a child custody
case. She emphasized the impact that having access to free
legal services had made upon her life and that of her
daughter.
9:33:32 AM
MELBA BIGGS, SELF, ANCHORAGE (via teleconference), spoke in
support of the bill. She related that she had accessed
legal services from ALSC during a child custody case. She
shared her personal financial details and emphasized the
importance of the free legal assistance.
9:35:06 AM
Co-Chair MacKinnon CLOSED public testimony.
SB 49 was HEARD and HELD in committee for further
consideration.
9:35:14 AM
AT EASE
9:35:43 AM
RECONVENED