Legislature(2005 - 2006)HOUSE FINANCE 519
01/18/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB175 | |
| HJR7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 175 | |||
| HJR 7 | |||
HOUSE FINANCE COMMITTEE
January 18, 2006
2:00 P.M.
CALL TO ORDER
Co-Chair Chenault called the House Finance Committee meeting
to order at 2:00:17 PM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Beth Kerttula
Representative Bruce Weyhrauch
MEMBERS ABSENT
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Jim Holm
Representative Mike Kelly
Representative Carl Moses
ALSO PRESENT
Craig Johnson, Staff, Representative Lesil McGuire; Heath
Hilyard, Staff, Representative Tom Anderson; Vance Sanders,
President, Alaska Legal Services Corporation, Juneau;
Annette Kreitzer, Chief of Staff, Office of the Lieutenant
Governor
PRESENT VIA TELECONFERENCE
Christine Pate, Alaska Network on Domestic Violence & Sexual
Assault (ANDVSA), Sitka; Andy Harrington, Executive
Director, Alaska Legal Services, Fairbanks; Diane Lorusson,
Legal Counsel, Star Program, Anchorage; Whitney Brewster,
Director, Division of Elections; Allen Bailey, Family
Attorney, Anchorage; Jack Chenoweth, Assistant Reviser,
Legislative Legal Counsel, Legislative Legal & Research
Services, Juneau
SUMMARY
HB 175 An Act relating to the creation of a civil legal
services fund.
CS HB 175 (JUD) was reported out of Committee with
a "do pass" recommendation and with a new zero
note by the Department of Law and a new zero note
by the Office of Management and Budget.
HJR 7 Proposing amendments to the Constitution of the
State of Alaska to correct obsolete references to
the office of secretary of state by substituting
references to the office of lieutenant governor.
HJR 7 was reported out of Committee with
"individual recommendations" and with a new note
by the Office of the Lt. Governor.
2:02:10 PM
HOUSE BILL NO. 175
An Act relating to the creation of a civil legal
services fund.
CRAIG JOHNSON, STAFF, REPRESENTATIVE LESIL MCGUIRE, SPONSOR,
noted that HB 175 was designed to provide a financial
mechanism for the Legislature to make appropriations to
organizations that provide civil legal services to low-
income Alaskans. It would be accomplished through the
creation of a civil legal services account funded by
provisions required under AS 09.17.020(j). That section of
Alaskan law requires that 50% of all punitive damage awards
be turned over to the State and deposited into the General
Fund.
HB 175 identifies an ongoing source of funding designed to
aid Alaska Legal Services Corporation (ALSC) in efforts to
provide civil legal assistance to low-income Alaskans. It
is accomplished through use of the State's 50 shares of
civil damage awards deposited into the General Fund. The
legislation would not create a mandatory expenditure. Each
legislature would possess an option to appropriate that
money to a civil legal services fund.
2:03:16 PM
Representative Weyhrauch questioned the annual amount placed
into the fund.
2:04:05 PM
VANCE SANDERS, PRESIDENT, ALASKA LEGAL SERVICES CORPORATION,
JUNEAU, believed that last year, approximately $400 thousand
dollars was placed into the fund.
2:04:44 PM
ANDY HARRINGTON, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, ALASKA LEGAL SERVICES CORPORATION, FAIRBANKS,
reiterated it had been a little over $400 thousand dollars
in FY05.
Mr. Sanders offered to answer questions of the Committee.
He urged support for the bill, emphasizing that the support
would be "very helpful" to that clientele, Legal Services
represents.
2:05:54 PM
Co-Chair Chenault understood that last year, there had been
no funding. He inquired how punitive damages work. Mr.
Sanders understood that money would be redistributed through
the General Fund.
Co-Chair Chenault clarified, it would be General Fund
monies, appropriated to establish that fund.
2:06:48 PM
Mr. Sanders commented that the amount distributed is not
predictable; the Court's have indicated that the punitive
damages portion of statute is constitutional.
2:07:35 PM
CHRISTINE PATE, (TESTIFIED VIA TELECONFERENCE), ALASKA
NETWORK ON DOMESTIC VIOLENCE & SEXUAL ASSAULT (ANDVSA),
SITKA, spoke in favor of HB 175, discussing the importance
of such legislation. She pointed out the dramatic cuts to
legal services during the past couple years, with the
continued increased need. She maintained that providing
civil legal services to domestic violence victims is the
most effective way in protecting future safety for their
lives. Ms. Pate revisited life and death issues the victims
experience, stressing the critical component of bringing
safety to indignant Alaskans.
2:09:45 PM
Representative Kerttula thanked Ms. Pate for the work she
does with domestic violence victims. She inquired the
number of phone calls per day received by the Sitka hotline.
Ms. Pate commented that the hotline has continued through
those cuts and is staffed by volunteers; it averages between
4 to 7 calls in each two-hour span and is available three
times per month.
2:11:02 PM
DIANE LORUSSO, (TESTIFIED VIA TELECONFERENCE), LEGAL
ADVOCACY DIRECTOR, STAR PROGRAM, ANCHROAGE, stated that she
has worked with victims of domestic violence for many years.
She voiced strong support for the legislation. Ms. Lorusso
pointed out that Alaska continues to lead the Nation in
domestic violence and sexual assault crimes. She urged
support for HB 175.
2:12:35 PM
ALLEN BAILEY, (TESTIFIED VIA TELECONFERENCE), FAMILY LAWYER,
ANCHORAGE, acknowledged a serious statewide need for the
legislation. He suggested that the only item that reduces
domestic violence for a given victim is the availability of
civil legal services to that person. He pointed out that
most abuse victims are women and children and are unable to
pay for those type services. The bill provides a way of
providing funding for legal services to families that need
it in a profound way.
2:15:10 PM
Representative Hawker noted the new zero notes. He MOVED
that the notes from Department of Law and the Office of
Management and Budget be adopted. There being NO OBJECTION,
they were adopted.
Representative Foster MOVED to report CS HB 175 (JUD) out of
Committee with individual recommendations & with the
accompanying zero notes. There being NO OBJECTION, it was
so ordered.
CS HB 175 (JUD) was reported out of Committee with a "do
pass" recommendation and with new zero fiscal notes by the
Department of Law and the Office of Management and Budget
(OMB).
2:16:39 PM
HOUSE JOINT RESOLUTION NO. 7
Proposing amendments to the Constitution of the State
of Alaska to correct obsolete references to the office
of secretary of state by substituting references to the
office of lieutenant governor.
Representative Hawker MOVED to ADOPT bill 24-LS0340\A as the
version of the bill before the Committee. Representative
Weyhrauch OBJECTED, to ask what happened to the House
Judiciary version.
HEATH HILYARD, STAFF, REPRESENTATIVE TOM ANDERSON, SPONSOR,
advised that the sponsor requested that the Committee revert
back to the original document, HJR 7, version \A.
Representative Weyhrauch WITHDREW his OBJECTION. There
being NO further OBJECTIONS, the "A" version was before the
Committee.
2:17:54 PM
Mr. Hilyard explained that in 1970, the Legislature proposed
and the voters approved a series of amendments to the State
Constitution that changed the name from the office of
"Secretary of State" to the office of "Lieutenant Governor".
At that time, the drafting attorneys did not catch all the
references to "Secretary of State".
2:18:42 PM
Representative Weyhrauch asked why the House Judiciary
Committee version was not being considered. Mr. Hilyard
explained that in discussions with the Legislative Legal
drafter, Jack Chenoweth, it was determined that the gender-
neutral language did not fit with the subject of the title.
In addition, there was concern, it might require a second
constitutional amendment to make all language gender-neutral
throughout the Constitution. It became a concern that the
amendment made in the House Judiciary Committee would not be
appropriate.
2:19:34 PM
Representative Weyhrauch asked if the mistake was just
discovered. Mr. Hilyard understood it resulted when the
reviser, Jack Chenoweth, discussed what could result. He
commented that folks were aware of it for sometime, but had
never addressed it.
2:20:20 PM
Representative Kerttula did not understand how it could be
considered outside the title with the obsolete references.
2:20:47 PM
ANNETTE KREITZER, CHIEF OF STAFF, OFFICE OF THE LIEUTENANT
GOVERNOR, noted that she could "not shed light" on which
version should be used. She offered to answer Committee
questions regarding the fiscal note.
2:21:08 PM
Representative Kerttula reiterated concerns why changing the
language to gender-neutral would create problems.
2:21:22 PM
Mr. Hilyard understood that those gender-neutral references
were not referring properly to the Lt. Governor, but rather
the legislator or the principal head of the department, as
opposed to references of the Office of the Secretary of
State. He thought the language might require a second
constitutional amendment to correct all gender references.
2:22:08 PM
Representative Hawker stressed that constitutional
amendments are a "big deal". The original reference was
overlooked. He offered that placing a constitutional
amendment before the people to correct a typographical error
might not rise to the proper degree of importance. He asked
the consequences of not doing it.
Mr. Hilyard pointed out it is a constitutional concern and
of significant importance. The legislators will have come
to that conclusion and thought the determination could be
reflected in each legislators vote.
2:23:49 PM
Representative Hawker asked if the Lt. Governor's office had
a position on correcting a typographical error and making it
rise to sufficient import to put on the election ballot.
2:24:11 PM
Ms. Kreitzer responded that would be a policy question; to
date, their office had not been consulted regarding that
issue. She did not know which version, noting that during
printing, there have been minor changes made to specific
words and punctuation. That list of corrections was made
available to the Legislative Affairs Agency and had been
corrected on line. The State Constitution has been around
for over 30 years. She did not think it would cause harm,
but could cause confusion to those outside Alaska.
2:26:08 PM
Representative Hawker pointed out that the 2001 version
before the Committee was not an accurate copy of the State's
Constitution. Ms. Kreitzer acknowledged that was correct.
Representative Hawker was appalled.
2:26:45 PM
Representative Hawker questioned if it was legally correct
as amended. Ms. Kreitzer replied that it was and that the
version before the Committee contained references to the
Secretary of State rather than the Lt. Governor.
2:27:30 PM
Representative Weyhrauch questioned if the issue should be
"nit picked". He thought it was an organic and important
document and worried about amending it. Co-Chair Chenault
interjected his thoughts that the only time that document
should be changed is when the people of the State indicate
it should be.
2:28:30 PM
JACK CHENOWETH, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
REVISOR, LEGISLATIVE LEGAL COUNSEL, LEGISLATIVE LEGAL &
RESEARCH SERVICES, JUNEAU, agreed with what Ms. Kreitzer had
said and offered to answer any further questions of the
Committee.
2:28:48 PM
Representative Kerttula reiterated concerns with the lack of
the gender-neutral language. She pointed out that
"legislator" was in the title and that the title could be
changed. She noted that it does refer to the Lt. Governor
as a "he". Representative Kerttula asked what it would take
to make the Alaska Constitution gender-neutral.
Mr. Chenoweth thought that it would be a much broader bill
to make the language gender neutral. Legislators proposing
a change and then the people voting on that change make the
process of amending the Constitution. It would be a long
exercise and constitutional amendment to make the change.
2:30:20 PM
Representative Hawker agreed that "fixes" should be made.
He noted that he always believed that "Secretary of State"
was the appropriate designation as opposed to Lt. Governor.
2:31:50 PM
Mr. Hilyard explained that the sponsor had not considered
that. He thought could be a debate that the legislature
should have at a later date. Mr. Hilyard suggested that the
concern is a broad policy issue.
2:32:31 PM
Ms. Kreitzer thought that the Lt. Governor would enjoy and
appreciate such a discussion.
2:33:06 PM
Representative Weyhrauch inquired who was the Lt. Governor's
designee.
2:33:15 PM
Mr. Chenoweth informed members that Bill Corbus,
Commissioner, Department of Revenue, was the Lt. Governor's
designee.
2:33:41 PM
Representative Hawker referenced the updated fiscal note and
moved to adopt it. There being no objection, it was
adopted.
WHITNEY BREWSTER, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
DIVISION OF ELECTIONS, offered to answer any questions
regarding the fiscal note.
2:35:03 PM
Co-Chair Chenault asked if $1500 dollars would cover the
costs. Ms. Brewster noted that if there was a need to
increase the ballot size, costs could increase up to $22,000
dollars.
Co-Chair Chenault asked when the real number would be known.
Ms. Brewster responded that it would be clearer by the end
of the legislative session as to how many constitutional
amendments would be shown on the general election ballot.
Currently, there are two possible initiatives on that
ballot.
2:36:08 PM
Ms. Brewster added that it was unlikely that the State would
need to move to a larger sized note based on previous years
experience.
2:36:26 PM
Representative Foster MOVED to REPORT HJR 7 out of Committee
with individual recommendations and with the accompanying
new fiscal note.
Representative Kerttula clarified that she did not object
but noted for the record that the legislature should
consider an insertion of gender-neutral language throughout
the Alaska Constitution. There being NO OBJECTION to the
original motion, it was so ordered.
HJR 7 was reported out Committee with "individual
recommendations" and with a fiscal note by the Office of the
Lieutenant (LT) Governor.
ADJOURNMENT
The meeting was adjourned at 2:37 P.M.
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