Legislature(2023 - 2024)BUTROVICH 205
03/24/2023 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Alaska Victimization Survey Results | |
| SB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 104 | TELECONFERENCED | |
| += | SB 53 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 104-CIVIL LEGAL SERVICES FUND
2:15:55 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 104
"An Act relating to appropriations to the civil legal services
fund."
2:16:30 PM
Senator Forest Dunbar, District J, Alaska State Legislature,
Juneau, Alaska sponsor of SB 104, stated that this legislation
increases funding for the Alaska Legal Services Corporation
(ALSC). He shared his story about interning with ALSC while
attending law school. During his time with the corporation, he
witnessed the work offered to people unable to afford civil
legal representation or services. He compared Alaska Legal
Services Corporation to a public defender for civil law. The
services include elder advocacy, public benefits, consumer
protection, family law and housing advocacy. He added that ALSC
is the state's largest provider of free civil legal services for
survivors of domestic violence.
SENATOR DUNBAR mentioned a child custody case he worked on as an
intern with the corporation. He shared that he considered the
case the most important legal work he participated in. He noted
that the corporation sees increased demands for time and
services while the funding is lower than it was 40 years ago. He
remarked that state investment in the corporation decreased over
time. He explained that SB 104 takes a percentage of court
filing fees and directs it toward ALSC. The initial contribution
involved 25 percent of court filing fees, which was negotiated
down to 10 percent with the agreement that the fee percentage
would be revisited. He stated that 10 percent of court filing
fees provides insufficient contributions to ALSC for support of
Alaskans in need of legal aid.
CHAIR CLAMAN stated that Ms. Nelson and Ms. Meade were present
to respond to questions.
2:19:10 PM
Arielle Wiggin, Staff, Senator Forest Dunbar, Alaska State
Legislature, Juneau, Alaska provided the sectional analysis for
SB 104.
Section 1: amends AS 37.05.590 Civil Legal Services
Fund so that up to twenty-five percent, instead of ten
percent, of Court System filing fees can be
appropriated by the Legislature to the existing Civil
Legal Services Fund each year.
CHAIR CLAMAN stated that he was a member of the legislature when
the initial bill addressing state contribution to ALSC was
passed.
2:19:51 PM
SENATOR KAUFMAN wondered why the percentage of court filing fees
was negotiated down to 10 percent.
SENATOR DUNBAR deferred the question to Ms. Nelson.
CHAIR CLAMAN asked Ms. Nelson to answer the question before she
provided invited testimony.
2:20:27 PM
Nikole Nelson, Executive Director, Alaska Legal Services
Corporation, Anchorage, Alaska informed the committee that the
change in filing fee contribution from 25 to 10 percent was
negotiated in an attempt to stabilize the funding source, with a
commitment to revisit the issue if 10 percent was inadequate.
She acknowledged that Senator Claman carried the bill during his
time serving in the House to explore whether 10 percent of court
filing fees was an adequate contribution to ALSC. She stated
that 10 percent is an adequate contribution to provide legal
services to eligible Alaskans.
2:21:20 PM
SENATOR KIEHL requested a better orientation to the total
funding picture.
MS. NELSON replied that the state appropriation is not ALSC's
only source of revenue. The total budget of $7.5 million comes
from various sources. She noted that the corporation receives
federal funding, local contributions, fundraising contributions,
private donations and the state contribution. She clarified that
the state contribution derived from court filing fees represents
a small portion of the organization's total funding. She pointed
to the criticality of the state contribution for meeting
community needs.
MS. NELSON furthered that the state appropriation is divided
into two sources, a general fund appropriation from the
Department of Commerce, Community and Economic Development
(DCCED) of $400 thousand and 10 percent of court filing fees.
Together the state contributes less than 10 percent of ALSC's
total funding.
2:24:33 PM
SENATOR KIEHL asked how the additional resources serve
communities.
MS. NELSON pointed to a study by the Alaska Mental Health Trust
Authority showing that for every dollar invested in ALSC, a
five-to-one return to state and local economies was seen.
Efforts to help people avoid homelessness and domestic violence
provide cost savings to state and local communities. The study
also showed that for every $100 thousand investment (2012
dollars), ALSC can serve another 182 individuals. She stated
that greater inflation increases programmatic costs, so a boost
in state dollars helps meet the increased costs. She reminded
the committee about the Community Justice Worker Program
discussed in a recent Senate Judiciary Standing Committee
presentation. She stated that the program was the first of its
kind in the nation. She reminded the committee that the program
trains new lawyers to provide limited-scope legal assistance to
those in need. She explained that additional funding would allow
ALSC to actualize the new program.
2:27:24 PM
CHAIR CLAMAN moved to invited testimony on SB 104.
MS. NELSON provided invited testimony on SB 104. She explained
the civil justice crisis in Alaska. She noted that the state and
federal constitutions guarantee due process and protection under
the law. The civil justice system is facing a crisis due to the
gap between people able to receive civil legal help and those
who cannot. She explained that the gap reached a crisis level
because existing funding has not kept pace with community needs.
MS. NELSON continued that ALSC is a nonprofit organization with
the mission to ensure fairness for all in the justice system
irrespective of a person's income or distance from the
courthouse. She noted that ALSC provides legal help for people
seeking aid with health, safety and family needs. The
corporation provides individual legal advice and form drafting.
She added that the corporation provides community education and
clinics. She spoke about the variety of people seeking legal
services from ALSC. She added that veterans are regularly helped
when benefits are denied.
2:31:07 PM
MS. NELSON continued to describe the program and all of the
services. She added that ALSC helps people keep their homes and
ensures that access to justice does not only happen on the road
system. She stated that the study showed successful outcomes and
eighty percent of cases do not go to court. She stated that ALSC
is forced to turn 50 percent of qualified applicants away
because of lack of staffing and resources.
MS. NELSON continued that ALSC is on the forefront of fighting
the epidemic of domestic violence by serving over 1000 survivors
of domestic violence. She added that ALSC helped over 2500
seniors and veterans by protecting them from financial and
physical abuse and assisting them with processes like wills,
probate and powers of attorney. She noted that ALSC helped over
700 families avoid losing their homes. The corporation ensures
that access to justice exists off and on the road system.
MS. NELSON revisited the Alaska Mental Health Trust Authority
study referenced earlier, which showed that ALSC achieves
successful outcomes for clients 86 percent of the time. She
added that 80 percent of cases resolve without going to court,
which saves system resources. She repeated that ALSC turns 50
percent of eligible people seeking legal assistance away. She
stated that the target population grows each year while funding
remains the same. She noted that ALSC received funding of $1.2
million in 1984 to serve a target population of 40 thousand. In
2022, ALSC received funding of $681 thousand to serve a
population that tripled to 128 thousand.
2:34:16 PM
MS. NELSON furthered that the state spent $81 dollars per person
in 1984 and $5 per person in 2023. She noted that the
legislature amended ALSC in 2018 with widespread bipartisan
support. She remarked that ALSC is grateful for the state
appropriation, but the amount available fluctuates wildly from
zero to $360 thousand. She acknowledged that economic times are
challenging, but passage of SB 104 ensures the priority of
justice for all.
2:35:43 PM
SENATOR KAUFMAN asked how client eligibility for legal aid is
established.
MS. NELSON replied that income information is gathered to
determine eligibility. She mentioned that the Federal Legal
Services Organization regulates the comprehensive screening
process. The income data is documented and audited annually to
comply with regulations.
CHAIR CLAMAN stated that Senator Dunbar referenced the large
number of survivors of domestic violence represented by ALSC. He
recalled a statistic related to access to legal services
increasing chances that a person will leave an abusive
relationship. He wondered about additional studies with similar
findings.
2:37:31 PM
MS. NELSON replied that multiple studies support the benefits of
providing an attorney to a survivor of domestic violence. Legal
assistance is one of the most effective ways to end the cycle of
abuse. She mentioned that the Attorney General of Alaska
supported the creation of a large group of pro bono attorneys to
help address the epidemic of sexual assault and domestic
violence.
CHAIR CLAMAN requested the seminal research mentioned by Ms.
Nelson. He shared that while domestic relations cases were
challenging, he personally found one to be the most rewarding
case in his career.
2:39:28 PM
CHAIR CLAMAN opened public testimony on SB 104.
2:39:56 PM
PATRICK REINHART, Director, Governor's Council on Disability and
Special Education, Homer, Alaska, testified in support of SB
104. He stated that people with intellectual and developmental
disabilities are often victims of domestic violence and sexual
assault. He spoke about an "I have rights" campaign to teach
people with intellectual and developmental disabilities how they
can report elements of harm. The council refers people to ALSC
and the disability law center of Alaska for support. He stated
that both organizations struggle to keep qualified attorneys. He
appreciated the committee for hearing the bill and Senator
Dunbar for his sponsorship.
2:41:18 PM
CHAIR CLAMAN closed public testimony on SB 104.
2:41:38 PM
SENATOR GIESSEL remarked that her mother was an attorney who
offered pro bono work to seniors. She expressed concern about
the fiscal note and the difficulties ahead with the finance
committee. She wondered if offering the funding through the
finance subcommittee might be a better option.
SENATOR DUNBAR replied that he was not a member of the finance
subcommittee. He asked finance committee members listening to
the meeting to fund ALSC. He recognized the significance of the
fiscal note but believed that the bill provides an appropriate
use of court fees. He stated that using fees from the legal
system to provide access to the system was appropriate.
CHAIR CLAMAN clarified that the Senate Judiciary Committee
requested the fiscal note, and Senator Kiehl was the chair of
the Senate Judiciary Finance Subcommittee.
SENATOR GIESSEL wondered if the fiscal note could be a zero
fiscal note since the court already collects the filing fees.
CHAIR CLAMAN responded that all fees collected go to the general
fund.
2:44:00 PM
SENATOR KIEHL agreed with Chair Claman about collected fees and
the general fund. He added that the civil legal services fund
appropriation is a language appropriation, which is not
appropriate for consideration by the finance subcommittee.
2:44:27 PM
CHAIR CLAMAN held SB 104 in committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Presentation on 2020 Alaska Victimization Survey Results to Senate Judiciary 3.24.2023.pdf |
SJUD 3/24/2023 1:30:00 PM |
|
| SB 104 version A 3.15.2023.PDF |
SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |
| SB 104 Sponsor Statement version A 3.17.2023.pdf |
SFIN 4/12/2023 1:00:00 PM SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |
| SB 104 Sectional Analysis version A 3.17.2023.pdf |
SFIN 4/12/2023 1:00:00 PM SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |
| SB 104 Supporting Document - ALSC Civil Legal Services Fund Fact Sheet 3.17.2023.pdf |
SFIN 4/12/2023 1:00:00 PM SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |
| SB 104 Supporting Testimony - Received as of 3.23.2023.pdf |
SJUD 3/24/2023 1:30:00 PM |
SB 104 |
| SB 104 Opposing Testimony - Received as of 3.20.2023.pdf |
SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |
| SB 104 Fiscal Note DCCED-DCRA 3.17.2023.pdf |
SJUD 3/20/2023 1:30:00 PM SJUD 3/24/2023 1:30:00 PM SJUD 3/27/2023 1:30:00 PM |
SB 104 |