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).