Legislature(2007 - 2008)BUTROVICH 205
02/08/2007 03:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB69 | |
| SB45 | |
| SB69 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
| += | SB 45 | TELECONFERENCED | |
| += | SB 69 | TELECONFERENCED | |
| += | SB 5 | TELECONFERENCED | |
SB 69-CIVIL LEGAL SERVICES FUND
4:25:18 PM
CHAIR FRENCH announced the consideration of SB 69.
SENATOR McGUIRE, sponsor of SB 69, stated that the same bill
passed the House unanimously twice and Senator Wielechowski is
the only committee member who has not heard it before.
SB 69 would create a civil legal services fund that would be
funded by provisions required under AS 09.17.020(j). This
section requires that 50 percent of all punitive damage awards
are turned over to the state and deposited into the general
fund. 6
SENATOR McGuire said the Alaska Legal Services Corporation
(ALSC) has helped low-income Alaskans with civil legal needs
since the mid 60s. In prior years the legislature provided up to
$1.2 million in funding, but during the Murkowski administration
the funding disappeared altogether. That is a travesty for those
who believe that access to the civil legal system is important,
she stated.
SENATOR McGUIRE relayed that ALSC has provided civil legal funds
for citizens who don't have the income to fight landlord tenant
cases, Social Security cases, Medicaid cases and others.
Currently ALSC receives some municipal and federal grants, but
overall it has been very difficult to operate from year-to-year.
4:28:55 PM
ANDY HARRINGTON, Executive Director, Alaska Legal Services
(ALS), Fairbanks, described how additional money would help
4,800 individuals or 1,500 families. Most of the cases involve
custody or divorce litigation and about two-thirds of the
domestic relations cases are violence related. When representing
victims of domestic violence, the highest priority is getting
the victims civil protection to help break the violence cycle
and minimize any exposure or role modeling to children. The
second highest are landlord tenant cases where families have
lost shelter. Disability cases, usually involving problems with
the Social Security Administration, are the next highest
followed by collection cases.
MR. HARRINGTON said ALS does not represent people in criminal
proceedings because those cases carry a right for an appointed
attorney. Part of the ALS mission is to help people solve
problems through civil proceedings thereby reducing the
likelihood that the issue will evolve into a criminal
proceeding. This is a sort of preventative medicine, he said.
MR. HARRINGTON explained that most of the case work is in state
court rather than federal court, but most of the funding is
federal. ALS also provides a service to the court system when it
represents low income people because a litigant who is
representing him/herself invariably slows the system for that
and subsequent cases.
MR. HARRINGTON said that for a number of reasons SB 69 is a very
good bill and ALS strongly supports its passage.
4:33:38 PM
CHAIR FRENCH noted that the committee had a supporting letter
from the American Association of Retired Persons (AARP) that
Marie Darlin signed.
CHAIR FRENCH asked Senator McGuire if SB 69 is exactly the same
bill that passed the Senate last year.
SENATOR McGUIRE said yes.
CHAIR FRENCH closed public testimony and asked for comment or
discussion among the committee members.
SENATOR THERRIAULT asked about a House floor amendment that was
offered that day. It adds an additional money source from Rule
9(b)(1) of the Alaska Rules of Administration.
4:35:12 PM
SENATOR McGUIRE said the motivation to get more revenue put
aside into the fund is well placed, but she opposes the
amendment. It calls for $75 of each 9(b)(1) filing fee to be set
aside for the fund. That would place a financial burden on the
court system and she prefers the more conservative approach.
4:35:53 PM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
stated that the Court doesn't generally take a position in
support or opposition of a bill. He allowed that the amendment
was somewhat confusing and he believes it was misdrafted. The
second section refers to a court rule change and a statutory
reference neither of which are in the bill.
SENATOR McGUIRE said the amendment may apply to a concept that
was discussed last year. She asked Mr. Wooliver to explain what
the $75 amount would represent in terms of filing fees to the
Alaska Court System.
MR. WOOLIVER said the amendment might refer to an earlier
version, which would have increased the court filing fees for
certain cases and those fees would have funded the civil legal
services account. The Court typically does not support
surcharges on filing fees or increases on filing fees to support
programs that are not related to the cost of bringing cases
court. It believes that many of the programs are worthwhile and
it agrees with Mr. HARRINGTON's comments about the burdens that
Pro Se litigants place on the court. Nonetheless those programs
are more appropriately funded through the general fund rather
than through a tax on court system users, he stated.
SENATOR THERRIAULT asked for clarification that 9(b)(1) is the
regular civil litigation filing fee.
MR. WOOLIVER said it is.
CHAIR FRENCH announced that he would hold SB 69 in committee.
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