Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/07/2017 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB15 | |
| SB100 | |
| SB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 100 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 16 | TELECONFERENCED | |
| += | SB 15 | TELECONFERENCED | |
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.