Legislature(2005 - 2006)SENATE FINANCE 532

01/19/2005 02:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Location Change --
*+ SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE TELECONFERENCED
Heard & Held
*+ SB 22 MEDICAID COVERAGE FOR BIRTHING CENTERS TELECONFERENCED
Heard & Held
          SB 10-PARENTAL LIABILITY FOR CHILD'S DAMAGE                                                                       
                                                                                                                                
2:27:55 PM                                                                                                                    
MR. WAYNE  LEIGHTY, staff to  Senator Guess, presented  the bill.                                                               
He said the intent  of SB 10 is to hold  minors who vandalize and                                                               
parents financially accountable for  the vandalism. It makes some                                                               
changes  to  the existing  statute  regarding  vandalism done  by                                                               
minors.  The  changes would  be  to  remove  the cap  on  damages                                                               
recoverable. Currently there  is a $15,000 cap  unless the person                                                               
has  insurance that  would  cover it.  In that  case  the cap  is                                                               
$25,000. SB 10 would lift that  cap. It would allow the courts to                                                               
hold the  parents and the  minor responsible for the  damages. It                                                               
would require  the courts to  implement a payment  schedule based                                                               
on  the party's  ability to  pay. It  would end  parent liability                                                               
when  the minor  turns  18  at which  point  the  minor would  be                                                               
responsible for the remaining damages.                                                                                          
                                                                                                                                
CHAIR  DYSON announced  that  Senator Guess  was  now online  and                                                               
asked her to make a statement.                                                                                                  
                                                                                                                                
SENATOR  GUESS added  they are  amending  the civil  and not  the                                                               
criminal proceedings.  In a criminal proceeding  full restitution                                                               
can be  charged to the minor  child along with jail  time. Again,                                                               
she said,  this is  an amendment for  the civil  proceedings. She                                                               
stated the  bill was heard two  years ago and was  changed mostly                                                               
on the House  side. It went from  a $10,000 cap to  a $15,000 and                                                               
$25,000 cap. The  main concept was to not  bankrupt parents. They                                                               
tried to  balance this  by inserting language  in Section  2 that                                                               
lifts  the  cap   and  holds  minors  accountable   and  sets  up                                                               
reasonable payment  schedules based on financial  ability to pay.                                                               
The parents  are liable only if  the court sees they  are liable,                                                               
then they  are liable only  until the  child is 18,  after which,                                                               
the  remainder  of  the  restitution  falls  on  the  child.  She                                                               
asserted they tried  to balance the argument of two  years ago of                                                               
why they can't  lift the cap, and tried to  broker the compromise                                                               
with the language.                                                                                                              
                                                                                                                                
CHAIR  DYSON  asked  Senator  Guess  why  she  believes  this  is                                                               
necessary.                                                                                                                      
                                                                                                                                
SENATOR GUESS stated  two reasons. It sends a  statement from the                                                               
community  to  young  people  that   says  you  should  be  fully                                                               
accountable for your actions and,  right now, that accountability                                                               
is limited  and secondly,  for the impact  to the  community. Not                                                               
all vandalism is against a schoolyard.  Often it is a business, a                                                               
park, or  a municipality.  After the  cap, the  remaining damages                                                               
are borne  by the  victims. After the  $15,000 taxpayers  have to                                                               
pay the rest of it.                                                                                                             
                                                                                                                                
2:34:17 PM                                                                                                                    
CHAIR DYSON  asked for question  for Senator Guess.  Hearing none                                                               
he  identified the  witnesses and  asked for  Sheldon Winters  to                                                               
testify.                                                                                                                        
                                                                                                                                
SHELDON   WINTERS,  lobbyist,   State  Farm   Insurance  Company,                                                               
identified himself.                                                                                                             
                                                                                                                                
CHAIR DYSON asked if he represented State Farm statewide.                                                                       
                                                                                                                                
MR. WINTERS  affirmed he did, and  that he did not  represent any                                                               
other carriers.  State Farm's primary  concern is removal  of the                                                               
cap. He added two years ago  they worked hard on the current law,                                                               
with a lot of  compromise, and it has only been  in effect for 18                                                               
months. He  asked the  number of instances  there have  been when                                                               
property owners were  unable to recoup the damages.  He said they                                                               
know of  no other area where  strict liability is imposed  on one                                                               
person,  regardless  of  fault,  for  the  acts  of  another.  He                                                               
maintained it  is not fair.  He used an  example of a  parent who                                                               
does everything right,  but the child still goes out  and makes a                                                               
costly mistake. With  the current law, the parent is  on the hook                                                               
but there  is a  balance with  the cap.   He  maintained it  is a                                                               
reasonable limitation.  He said without  cap there could  be dire                                                               
consequences, and he cited an example  of a family that has saved                                                               
for college for  several children. If one of them  were to commit                                                               
a "bad act",  the family could lose all of  the college money for                                                               
the other  children. He said  the consequences could  affect more                                                               
than just the wrongdoer.                                                                                                        
                                                                                                                                
He advised there are all sorts  of policy reasons that they don't                                                               
hold people strictly  liable for the conduct of  someone else. He                                                               
said  the basic  premise of  third party  liability insurance  is                                                               
that it  is based on accidental  occurrences. He said there  is a                                                               
potential effect  on homeowners insurance. He  stated that rates,                                                               
underwriting,  is  based  on  accidental  occurrences.  Liability                                                               
insurance was  never intended to  respond to  vicarious liability                                                               
for  somebody else's  intentional  destructive  conduct. He  said                                                               
it's one thing  to be looked at for  responsibility for negligent                                                               
conduct,  it's  quite  another  to hold  them  liable  for  doing                                                               
nothing wrong. He  advised there is a potential  affect on rates.                                                               
He  said give  the current  law time  to work  and see  if it  is                                                               
effective.                                                                                                                      
                                                                                                                                
SENATOR GREEN asked  Mr. Winters, "Do you feel  that liability of                                                               
State Farm Insurance and other carriers is increased by SB 10?"                                                                 
                                                                                                                                
MR.  WINTERS replied  yes because  it does  away with  subsection                                                               
(d).                                                                                                                            
                                                                                                                                
SENATOR GREEN asked, "which was the $10,000 if you're insured?"                                                                 
                                                                                                                                
MR. WINTERS  answered it does away  with the $15,000 and  then it                                                               
does  away  with subsection  (d),  and  subsection (d)  currently                                                               
states:                                                                                                                         
          (d) If a parent has an insurance policy that                                                                          
     would   compensate  a   claimant   for  civil   damages                                                                    
     described  under (a)  of this  section, and  the policy                                                                    
     limits are in  excess of $15,000, civil  damages may be                                                                    
     recovered under  (a) of this  section in an  amount not                                                                    
     to  exceed  the  policy limits  or  $25,000,  whichever                                                                    
     amount is lower.                                                                                                           
He emphasized the  cap is on the parent of  $15,000; if they have                                                               
applicable insurance, the cap is $25,000.                                                                                       
                                                                                                                                
SENATOR GREEN announced her husband  is an employee of State Farm                                                               
Insurance, and  she asked, "what  age does  child have to  be for                                                               
the insurer to be held liable?"                                                                                                 
                                                                                                                                
MR. WINTERS said the child has to be under the age of 18.                                                                       
                                                                                                                                
SENATOR GREEN  offered a  "for instance" of,  if a  child injured                                                               
another  child,  the  medical  care   could  be  charged  to  the                                                               
homeowner's  policy of  the  offender's parents.    She said  she                                                               
thought the child had to be under the age of 12.                                                                                
                                                                                                                                
2:41:47 PM                                                                                                                    
MR. WINTERS  advised he did not  know of any age  restrictions on                                                               
the policy itself.                                                                                                              
                                                                                                                                
SENATOR GREEN  asked whether he thought  insurance carriers would                                                               
be liable for the full extend of a vandals actions.                                                                             
                                                                                                                                
MR. WINTERS  said with these  changes, "and I believe  the intent                                                               
is clear",  if a 10 year  old goes out and  does $100,000 damage,                                                               
and the parents have a homeowners  policy, the policy pays to the                                                               
policy limit."                                                                                                                  
                                                                                                                                
SENATOR GREEN  asked Senator Guess  if that was the  intention of                                                               
the bill.                                                                                                                       
                                                                                                                                
SENATOR GUESS  responded that was  not the intention at  all. The                                                               
reason  for removing  subsection (d)  was because  it capped  how                                                               
much someone could  recover. There was no  intention of impacting                                                               
the  insurance  or  how  much   the  recovery  could  be  on  the                                                               
insurance. She said  she is not sure what  the difference between                                                               
this  recovery and  another act  would be  and maybe  Mr. Winters                                                               
could expand  on that. She  said, "it  was the intention  to lift                                                               
the $25,00,  for example,  if it  was a  $100,000 bill  that full                                                               
restitution can be paid."                                                                                                       
                                                                                                                                
MR.  WINTERS replied  subsection (d)  is completely  removed, and                                                               
that is the  cap on the insurance policy. Under  the current law,                                                               
if there  is $100,000 in  damage, the  most the insurer  would be                                                               
liable to  pay under the  policy would  be the $25,000,  and that                                                               
section is now removed.                                                                                                         
                                                                                                                                
SENATOR  GREEN said  more work  is  needed. She  stated that  she                                                               
knows it  was the intention  to make  it very clear  that vandals                                                               
and or  parents would  be responsible for  the damage  the vandal                                                               
did. She asked Mr. Winters if  they have considered a change that                                                               
might make this better.                                                                                                         
                                                                                                                                
MR. WINTERS answered if they clear  up the intent that they could                                                               
work together.                                                                                                                  
                                                                                                                                
CHAIR DYSON said he was startled  by Mr. Winter's comment and his                                                               
implication that the  common law has never said  that parents are                                                               
responsible  for the  actions  of their  children.  He asked  Mr.                                                               
Winters to clarify if that is what he meant.                                                                                    
                                                                                                                                
MR. WINTERS  replied what he  meant was  that the common  law has                                                               
never implied  strict liability  to a person  for the  conduct of                                                               
another person. He  cited an example of  negligent entrustment in                                                               
an automobile  liability case.  "If my  child has  four accidents                                                               
and if I  still choose to lend  my child my car, and  he goes out                                                               
and gets  into a fifth accident  then, under the law,  I arguably                                                               
could be responsible for that."  He  went on to say that he could                                                               
be super dad and  his kid could be super kid but  if the kid goes                                                               
out and does one  thing wrong then he could be  liable for it and                                                               
that's the difference.                                                                                                          
                                                                                                                                
CHAIR  DYSON argued  common law  tradition has  always said  that                                                               
parents of minor  children are responsible for  their conduct and                                                               
that is where responsibility lies. He commented:                                                                                
     Does  the   fact  that  this  bill   provides  for  the                                                                    
     repayment program  after age  18 the child  assumes all                                                                    
     of it, and  I suspect there will be  a payment schedule                                                                    
     there and that you as  the carrier for the parent would                                                                    
     not be liable for any  part of the payment that happens                                                                    
     after the child reaches age  18? So it's only a portion                                                                    
     that the  parent and the  child are  responsible before                                                                    
     the  child  reaches  the  age  of 18  that  you,  as  a                                                                    
     carrier,  might  be  responsible  for.  Could  that  be                                                                    
     structured in a way that  would help your industry have                                                                    
     a  limited exposure  because you'd  only be  liable for                                                                    
     the parents' portion up till  the age the child reaches                                                                    
     majority?                                                                                                                  
                                                                                                                                
2:47:50 PM                                                                                                                    
MR. WINTERS replied:                                                                                                            
     Our concern  would be a  14-year-old child  who commits                                                                    
     something  and the  parents have  no  knowledge of  the                                                                    
     child's  propensity to  do this,  and the  parents have                                                                    
     $100,000 saved  up for the other  children's college. I                                                                    
     seriously doubt,  and this  doesn't require  the court,                                                                    
     to  set up  a payment  plan where  that $100,000  isn't                                                                    
     gone by  the time the  child is  18. So the  concern is                                                                    
     about the assets of the parent before the child is 18.                                                                     
                                                                                                                                
CHAIR DYSON asked him about  his earlier testimony regarding most                                                               
carriers assuming  responsibility for  accidental actions  on the                                                               
part of their client. He asked:                                                                                                 
     Can  you  rewrite your  policies  so  that you're  only                                                                    
     covering  accidents and  not the  intentional, in  this                                                                    
     case, criminal actions of your policyholders?                                                                              
                                                                                                                                
MR. WINTERS replied:                                                                                                            
     The  policies already  exclude intentional  conduct but                                                                    
     it would exclude the intentional  conduct of the child.                                                                    
     The parent,  who is the  insured, or uninsured,  is not                                                                    
     being held liable for  any intentional conduct. They're                                                                    
     being held  liable for strict  liability and  under the                                                                    
     policy, the  parents would be  liable, even  though the                                                                    
     primary act  was intentional  conduct of  the children,                                                                    
     the  parent  didn't  do anything  intentional  or  even                                                                    
     accidental.  They  are  being held  liable  simply  for                                                                    
     being  the  status of  a  parent.  So, yes  it  already                                                                    
     exludes   intentional  conduct   of   the  child   that                                                                    
     exclusion  does  not  apply to  the  liability  of  the                                                                    
     parent under this statute.                                                                                                 
                                                                                                                                
CHAIR DYSON  asked Senator Guess  if she  wanted to reply  to Mr.                                                               
Winter's comments.                                                                                                              
                                                                                                                                
SENATOR  GUESS  asked  Mr.  Winters  whether  policies  could  be                                                               
rewritten to  deal with these  cases and take  into consideration                                                               
new laws such as this to  limit the liability of the parents. She                                                               
references page  2, line 10. She  stated there are two  things in                                                               
that section. Further:                                                                                                          
     What  didn't happen  in the  previous law  is that  the                                                                    
     court  can decide  that the  parents aren't  liable and                                                                    
     only the  child is  liable. It puts  the child  in with                                                                    
     the parents  in the court  trial, so maybe you  do have                                                                    
     the parents  that did everything  right and,  the court                                                                    
     can  say, 'you  did  everything right',  and the  child                                                                    
     will be liable.  You can also have parents  who do look                                                                    
     the  other   way,  and  they   have  never   been  held                                                                    
     accountable. What I  tried to do is to  give the courts                                                                    
     that discretion.   So it  wasn't always falling  on the                                                                    
     parents, which it is doing right now.                                                                                      
                                                                                                                                
     Secondly, it was  the intent of bill that  they look at                                                                    
     the family's ability to pay  so they don't bankrupt the                                                                    
     families and  they don't  take all  assets and  all the                                                                    
     education  funds   from  that  family  and   the  other                                                                    
     children.  If  people  think that  we  need  clarifying                                                                    
     language  or intent  language to  go  along with  that,                                                                    
     when  we worked  with the  drafters and  Pam, from  Leg                                                                    
     Legal, was  the person who  drafted this, that  was the                                                                    
     direction that we set forth,  so I actually think, from                                                                    
     hearing Mr.  Winters' testimony that the  intent, a lot                                                                    
     of it,  is the  same, I  believe. I  also note  that it                                                                    
     should  be  in  your  Packet, just  in  2004  what  the                                                                    
     vandalism was  in the Anchorage School  District, and I                                                                    
     think  there  were  four  or five  schools.  And  so  I                                                                    
     appreciate there was  work on this two years  ago but I                                                                    
     don't think we spent the time  two years ago to get the                                                                    
     policy  right. We're  still seeing  large damages  done                                                                    
     that I think we need to address at this time.                                                                              
                                                                                                                                
CHAIR DYSON announced  his suspicion they would  not finish today                                                               
and stated he  wanted to take all of the  testimony. He asked Mr.                                                               
Winters  how many  homeowners  policies State  Farm  has in  this                                                               
state, and how many claims  for vandalism there have been against                                                               
homeowner policies in this state.                                                                                               
                                                                                                                                
MR. WINTERS offered to find out and get the information to the                                                                  
committee.                                                                                                                      
                                                                                                                                
CHAIR DYSON commented to Mr. Winters that he has good issue, but                                                                
he wanted to find out more specific information.                                                                                
                                                                                                                                
SENATOR GREEN said:                                                                                                             
     I do think that what  Mr. Winters said has something to                                                                    
     it, that  there is probably  not the incentive  now, to                                                                    
     the  same extent  getting  insurer  involved, as  there                                                                    
     would be  if it were  (indisc). I think it's  a totally                                                                    
     different  conversation. It's  interesting to  read the                                                                    
     language though, which  says, 'it is the  intent of the                                                                    
     Legislature  to  hold   those  who  vandalize  property                                                                    
     financially accountable  for their actions.' If  we can                                                                    
     get more of an intent language  in that might be a cure                                                                    
     for the issue.                                                                                                             
                                                                                                                                
MR.  WINTERS  added with  the  clarification  from Senator  Guess                                                               
regarding the language, they could  work together towards getting                                                               
more acceptable language.                                                                                                       
                                                                                                                                
CHAIR DYSON asked Crystal Kennedy for her testimony.                                                                            
                                                                                                                                
2:55:22 PM                                                                                                                    
CRYSTAL KENNEDY,  Anchorage School  Board member and  Chairman of                                                               
the legislative  sub-committee of the School  Board, reported the                                                               
issue is very important to  the Anchorage School Board. She cited                                                               
a  report  that  listed  $841,058.14   worth  of  vandalism  that                                                               
occurred against  the Anchorage School District  from December of                                                               
2001  to August  of 2004.  They have  only been  able to  recover                                                               
$1,700.                                                                                                                         
                                                                                                                                
Since current legislation took effect  in July of 2003, they have                                                               
incurred well  over $500,000  in damages have  only been  able to                                                               
recoup $600. They  agree with Senator Guess; it is  an issue with                                                               
taxpayers that  the school board  can't recoup the  damage money.                                                               
She  cited  support from  the  Anchorage  Police Department,  the                                                               
mayor and an editorial from the Anchorage Daily News.                                                                           
                                                                                                                                
CHAIR DYSON asked Ms. Kennedy how many perpetrators were known.                                                                 
                                                                                                                                
MS. KENNEDY stated  all of the known perpetrators  were listed on                                                               
the spreadsheet.                                                                                                                
                                                                                                                                
2:59:01 PM                                                                                                                    
CHAIR  DYSON  asked  Ms.  Kennedy whether  they  were  unable  to                                                               
recover damages because the perpetrators had no assets.                                                                         
                                                                                                                                
MS.  KENNEDY   answered  she  could   not  answer   the  question                                                               
specifically.                                                                                                                   
                                                                                                                                
LARRY WIGGETT,  director of government relations,  interrupted to                                                               
report at  Bartlett High School there  have been a total  of $250                                                               
collected against their  damages. He believes there  is a payment                                                               
schedule set  up but this  is all the  district has been  able to                                                               
recover.                                                                                                                        
                                                                                                                                
CHAIR DYSON remarked  it would be very helpful to  know why there                                                               
has been no recovery.  He asked if the issue is  that the cap was                                                               
keeping them  from recovery.  It would be  very helpful  if their                                                               
list were  more definitive to see  if the steps they  were taking                                                               
in the committee  would help with their problem.  He didn't think                                                               
it would help.                                                                                                                  
                                                                                                                                
MR.  WIGGETT  answered  he  would   investigate  and  report  the                                                               
findings to the committee.                                                                                                      
                                                                                                                                
CHAIR  DYSON alleged  there  were problems  other  places in  the                                                               
system.                                                                                                                         
                                                                                                                                
SENATOR  GREEN asked  Mr. Wiggett  whether  it was  court-ordered                                                               
restitution.                                                                                                                    
                                                                                                                                
MR. WIGGETT  answered he did not  have in depth knowledge  of the                                                               
situation but believes it was court-ordered.                                                                                    
                                                                                                                                
CHAIR  DYSON asked  for  further questions  for  Ms. Kennedy  and                                                               
hearing none, called witness Julie Morris.                                                                                      
                                                                                                                                
3:01:32 PM                                                                                                                    
JULIE MORRIS, Juneau  School Board member, said  the school board                                                               
supported SB 10.  If the school board had to  pay to fix windows,                                                               
it would  mean less money for  textbooks or needed items  for the                                                               
students. Her  biggest concern  is they  are using  student money                                                               
for maintenance  and repair. A  huge rock was thrown  through the                                                               
Juneau Douglas  High School window  and resulted in  thousands of                                                               
dollars in damage. The board would  like to be able to pursue and                                                               
recover the damages.                                                                                                            
                                                                                                                                
SENATOR  GREEN asked  whether schools  have insurance  for damage                                                               
and if so, are they able to recover the cost of the damage.                                                                     
                                                                                                                                
MS. MORRIS answered  she didn't have that  information, but would                                                               
get it from the superintendent.                                                                                                 
                                                                                                                                
SENATOR GREEN  reiterated her question of  the school's insurance                                                               
and whether they could recover damages if it's a criminal act.                                                                  
                                                                                                                                
CHAIR  DYSON  asked  Mr. Wiggett  whether  the  Anchorage  School                                                               
District has insurance that covers against vandalism.                                                                           
                                                                                                                                
MR. WIGGETT replied he thought  they have property insurance with                                                               
a  $100,000  deductible  per  incident. The  list  given  to  the                                                               
committee included  major vandalism that occurred  since December                                                               
2001, and  there were  other incidents  with much  smaller damage                                                               
amounts.                                                                                                                        
                                                                                                                                
CHAIR  DYSON announced  they would  get  back to  the issue  next                                                               
week.  He   asked  for  specific  information   on  the  school's                                                               
insurance, other  vandalism items,  what the  carrier has  had to                                                               
pay, and the overall cost of the insurance.                                                                                     
                                                                                                                                
SENATOR  WILKEN  asked  Mr.  Wiggett the  total  budget  for  the                                                               
Anchorage School District.                                                                                                      
                                                                                                                                
MR. WIGGETT responded it was $540 million.                                                                                      
                                                                                                                                
SENATOR WILKEN  asked Mr.  Wilken whether  the same  juvenile set                                                               
fire to the playground equipment in three different places.                                                                     
                                                                                                                                
MR. WIGGETT answered it was three different juveniles.                                                                          
                                                                                                                                
CHAIR DYSON  asked for  other questions.  Hearing none  he called                                                               
Carl Rose to testify.                                                                                                           
                                                                                                                                
3:07:23 PM                                                                                                                    
CARL  ROSE,  executive  director  of the  Association  of  Alaska                                                               
School  Boards, advised  that  he  also serves  on  the board  of                                                               
directors of  the Alaska Public  Entities Insurance  Company that                                                               
insures schools. He  had a written statement that  he would leave                                                               
with Wayne Leighty.  He said SB 10 is a  balanced approach with a                                                               
semblance  of justice.  It would  allow the  courts to  weigh the                                                               
circumstances of the  crime, and to look at  the family situation                                                               
and render a fair but accountable  method of recovery. He said he                                                               
thinks  that  insurance  companies   are  always  in  support  of                                                               
segregation.                                                                                                                    
                                                                                                                                
He  cited the  case  of Fort  Yukon losing  their  school due  to                                                               
faulty wiring.  They pursued segregation  to recover some  of the                                                               
money  from faulty  construction. He  supports the  bill and  the                                                               
intent.                                                                                                                         
                                                                                                                                
SENATOR GUESS advised Chair Dyson she  would work on the issue of                                                               
third party liability  and what removing subsection  (d) would do                                                               
regarding third party liability.                                                                                                
                                                                                                                                
CHAIR  DYSON  stated  this committee  is  HESS,  responsible  for                                                               
education. They need more answers  and he would not send problems                                                               
to the Judiciary Committee until they have more answers.                                                                        
                                                                                                                                
He recognized Mary Francis and invited her to speak.                                                                            
                                                                                                                                
3:11:40 PM                                                                                                                    
MARY  FRANCIS,  executive  director  of  the  Counsel  of  School                                                               
Administrators,  said  she  represents  and works  with  all  the                                                               
school  administrators  and  school  business  officials  in  the                                                               
state. She  had a resolution  for the committee to  consider. She                                                               
announced that  Fairbanks spent over  $70,000 on vandalism  in FY                                                               
2003 and  over $60,000  in FY 2004.  In Anchorage  they typically                                                               
budget over  $300,000 for vandalism, primarily  for repair costs,                                                               
which does not  include personnel clean up  costs. Mat-Su budgets                                                               
$50,000 for repairs  and Juneau budgets $40,000.  The schools are                                                               
required  to  spend 70  percent  of  the budget  on  instruction.                                                               
Superintendents have informed  her that the costs  of repairs are                                                               
rarely recovered and very few perpetrators are caught.                                                                          
                                                                                                                                
CHAIR  DYSON asked  her to  find out  how many  schools have  had                                                               
their recovery limited by the  imposed cap because the problem of                                                               
recovery is what  needs to be addressed and the  cap doesn't seem                                                               
to be the issue. He informed  the witnesses that he would like to                                                               
know how  many cases  went against  homeowner policies,  how many                                                               
where recovery  was limited, and whether  other recovery problems                                                               
might  be  identified.  He  asked Senator  Guess  if  she  minded                                                               
holding the bill over until next week.                                                                                          
                                                                                                                                
SENATOR GUESS answered no.                                                                                                      
                                                                                                                                
CHAIR DYSON commented they could  be clearer on the language that                                                               
limits   the  insurance   company  liability   previous  to   the                                                               
perpetrator reaching  maturity, and tailor  it so that  the child                                                               
doing  the  damage carries  the  majority  of the  responsibility                                                               
after maturity.                                                                                                                 
                                                                                                                                
CHAIR DYSON  closed the  hearing on  SB 10 and  held the  bill in                                                               
committee.                                                                                                                      

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