Legislature(2003 - 2004)
05/16/2003 01:51 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 18-PARENTAL LIABILITY FOR CHILD'S DAMAGE CHAIR DYSON announced HB 18 [CSHB 18(JUD) AM] to be up for consideration and that it is similar to SB 2. He asked if the Senate committee substitute, version \I, brings HB 18 into conformity with the Senate bill except that it doesn't have the effective date. MS. SUSAN CUNNINGHAM, staff to Representative Meyer, sponsor of HB 18, said that is correct. SENATOR GREEN moved to adopt SCSHB 18(HES), version \I. There were no objections and it was so ordered. MS. CUNNINGHAM said the committee substitute provides that the intent of the legislation is to promote responsibility as well as the recovery of damages and requires the involvement of the minor who caused the damages to participate in the justice process. It raises the limit on the recovery of damages to $25,000 and provides consistency between two conflicting statutes, AS 13.26.070 (powers and duties of a guardian of a minor) and AS 34.50.020 (liability for destruction of property by minors). She explained that currently under AS 13.26.070, a legal guardian is not liable to third persons. The CS removes the legal guardian from all subsections of AS 34.50.020. It also provides that the adoptive parents of hard to place children are not liable. The reasoning is that the amount an adoptive parent could be liable for would actually be a deterrent in the adoption of children, which is not the sponsor's intent. Lastly, the CS involves the unemancipated minor in the court proceedings, so if damages are recovered under the statute, the court will require the minor to produce a report that includes the financial resources he may have available to pay restitution, what restitution has already been made to the claimant and what, if anything, he has learned from the civil justice process. CHAIR DYSON said when SB 2 passed from this committee there was no limit to liability, but the Judiciary Committee established a $25,000 limit. SENATOR GUESS asked them to comment on holding the minor accountable, aside from the written report. She wanted to know if the court, regardless of whether the minor has a legal guardian, or is hard to adopt or is living with his parents, could make the child responsible and can they be held responsible after they turn 18 years of age. MS. CUNNINGHAM replied that she did not think the child could be held responsible when he turns 18 as the parent is sued if the child is a minor. As for holding the minor financially responsible, under the Juvenile Justice restitution statutes, the court can order restitution to be paid by the minor. SENATOR GREEN asked if the restitution could extend past their gaining the age of majority. MS. CUNNINGHAM replied yes. CHAIR DYSON said this issue was discussed a lot in the Judiciary Committee where Senator French researched it and found that this was about as good as they could do, given existing law. SENATOR GUESS followed up that in the Juvenile Justice statute, it doesn't matter if it's a legal guardian or parent. It's the same statute for all kids. SENATOR GREEN moved to pass SCSHB 18(HES) out of committee with individual recommendations and zero fiscal notes. There were no objections and it was so ordered.
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