Legislature(1993 - 1994)
03/25/1993 08:37 AM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 151
"An Act relating to payment by indigent persons for
legal services and related costs; and providing for an
effective date."
House Bill 151 was in a subcommittee consisting of Chair
Representative Hanley with members Representatives Parnell,
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MacLean and Hoffman.
Representative Hanley explained changes made by the
subcommittee. Changes were made to ensure that indigent
people would not be charged for facilities not paid for by
non-indigent.
Co-Chair Larson MOVED to ADOPT, Work Draft 8-LS061\J, dated
33/17/93. Members discussed the meaning of "facilities".
There being NO OBJECTION, Work Draft 8-LS061\J, dated
33/17/93 was adopted.
ARTHUR H. SNOWDEN, II, ADMINISTRATIVE DIRECTOR, ALASKA COURT
SYSTEM explained the Supreme Court asked that legislation be
introduced to recover costs incurred by indigent. He
asserted that indigent are protected by language in the
legislation allowing deferment for "manifest hardship." The
Court maintains that "upon the person's conviction" should
be deleted.
Representative Hanley pointed out that enforcement of
judgments can be stayed. He emphasized that extra
protection has been added for indigent people.
Representative Brown stressed that the provision which would
delay repayment for three years after incarceration has been
deleted. She asked if persons should have more time to
reestablish themselves after release. She emphasized the
difficulty of individuals to transition back into society.
Mr. Snowden noted that some individuals will only serve 30
to 90 days. He stressed that the collection delay would
cause difficulties in the Department of Law. He maintained
that some individuals may have money at the time of trail
that is hidden from the court.
Representative Therriault stressed that due to civil
exclusion a judge could not go after an individuals "last
penny". He felt that there is no reason the State should
wait three years to recoup the costs of some one who spent
30 days in jail for a DWI.
Representative Grussendorf spoke in support of maintaining
"upon the person's conviction".
Mr. Snowden clarified, in response to a question from
Representative Parnell, that a "no contest" plea would be
considered a conviction in regards to cost recover.
Representative Navarre MOVED to TABLE CSHB 151 (FIN).
Representative Martin OBJECTED. Representative Navarre
WITHDREW HIS MOTION. Representative Brown MOVED to TABLE
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CSHB 151 (FIN). A roll call vote was taken on the motion.
IN FAVOR: Grussendorf, Navarre, Foster, Hanley, Martin,
Parnell, Therriault MacLean, Larson
OPPOSED: Brown
Representative Hoffman was absent from the vote.
The MOTION FAILED (9-1).
Representative Martin MOVED to report CSHB 151 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. Representative Brown OBJECTED.
A roll call vote was taken on the motion.
IN FAVOR: Grussendorf, Navarre, Foster, Hanley, Martin,
Parnell, Therriault MacLean, Larson
OPPOSED: Brown
Representative Hoffman was absent from the vote.
The MOTION FAILED (9-1).
CSHB 151 (FIN) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Alaska Court System, dated 2/24/93 and with two zero fiscal
notes by the Department of Administration and with a fiscal
impact note by the Department of Law.
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