Legislature(2007 - 2008)BUTROVICH 205
02/08/2007 03:30 PM Senate JUDICIARY
Audio | Topic |
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Start | |
HB69 | |
SB45 | |
SB69 | |
SB64 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 64 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 69 | TELECONFERENCED | |
+= | SB 45 | TELECONFERENCED | |
+= | SB 69 | TELECONFERENCED | |
+= | SB 5 | TELECONFERENCED | |
SB 69-CIVIL LEGAL SERVICES FUND 4:25:18 PM CHAIR FRENCH announced the consideration of SB 69. SENATOR McGUIRE, sponsor of SB 69, stated that the same bill passed the House unanimously twice and Senator Wielechowski is the only committee member who has not heard it before. SB 69 would create a civil legal services fund that would be funded by provisions required under AS 09.17.020(j). This section requires that 50 percent of all punitive damage awards are turned over to the state and deposited into the general fund. 6 SENATOR McGuire said the Alaska Legal Services Corporation (ALSC) has helped low-income Alaskans with civil legal needs since the mid 60s. In prior years the legislature provided up to $1.2 million in funding, but during the Murkowski administration the funding disappeared altogether. That is a travesty for those who believe that access to the civil legal system is important, she stated. SENATOR McGUIRE relayed that ALSC has provided civil legal funds for citizens who don't have the income to fight landlord tenant cases, Social Security cases, Medicaid cases and others. Currently ALSC receives some municipal and federal grants, but overall it has been very difficult to operate from year-to-year. 4:28:55 PM ANDY HARRINGTON, Executive Director, Alaska Legal Services (ALS), Fairbanks, described how additional money would help 4,800 individuals or 1,500 families. Most of the cases involve custody or divorce litigation and about two-thirds of the domestic relations cases are violence related. When representing victims of domestic violence, the highest priority is getting the victims civil protection to help break the violence cycle and minimize any exposure or role modeling to children. The second highest are landlord tenant cases where families have lost shelter. Disability cases, usually involving problems with the Social Security Administration, are the next highest followed by collection cases. MR. HARRINGTON said ALS does not represent people in criminal proceedings because those cases carry a right for an appointed attorney. Part of the ALS mission is to help people solve problems through civil proceedings thereby reducing the likelihood that the issue will evolve into a criminal proceeding. This is a sort of preventative medicine, he said. MR. HARRINGTON explained that most of the case work is in state court rather than federal court, but most of the funding is federal. ALS also provides a service to the court system when it represents low income people because a litigant who is representing him/herself invariably slows the system for that and subsequent cases. MR. HARRINGTON said that for a number of reasons SB 69 is a very good bill and ALS strongly supports its passage. 4:33:38 PM CHAIR FRENCH noted that the committee had a supporting letter from the American Association of Retired Persons (AARP) that Marie Darlin signed. CHAIR FRENCH asked Senator McGuire if SB 69 is exactly the same bill that passed the Senate last year. SENATOR McGUIRE said yes. CHAIR FRENCH closed public testimony and asked for comment or discussion among the committee members. SENATOR THERRIAULT asked about a House floor amendment that was offered that day. It adds an additional money source from Rule 9(b)(1) of the Alaska Rules of Administration. 4:35:12 PM SENATOR McGUIRE said the motivation to get more revenue put aside into the fund is well placed, but she opposes the amendment. It calls for $75 of each 9(b)(1) filing fee to be set aside for the fund. That would place a financial burden on the court system and she prefers the more conservative approach. 4:35:53 PM DOUG WOOLIVER, Administrative Attorney, Alaska Court System, stated that the Court doesn't generally take a position in support or opposition of a bill. He allowed that the amendment was somewhat confusing and he believes it was misdrafted. The second section refers to a court rule change and a statutory reference neither of which are in the bill. SENATOR McGUIRE said the amendment may apply to a concept that was discussed last year. She asked Mr. Wooliver to explain what the $75 amount would represent in terms of filing fees to the Alaska Court System. MR. WOOLIVER said the amendment might refer to an earlier version, which would have increased the court filing fees for certain cases and those fees would have funded the civil legal services account. The Court typically does not support surcharges on filing fees or increases on filing fees to support programs that are not related to the cost of bringing cases court. It believes that many of the programs are worthwhile and it agrees with Mr. HARRINGTON's comments about the burdens that Pro Se litigants place on the court. Nonetheless those programs are more appropriately funded through the general fund rather than through a tax on court system users, he stated. SENATOR THERRIAULT asked for clarification that 9(b)(1) is the regular civil litigation filing fee. MR. WOOLIVER said it is. CHAIR FRENCH announced that he would hold SB 69 in committee.
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