Legislature(2003 - 2004)
2004-05-09 House Journal
Full Journal pdf2004-05-09 House Journal Page 4067 SB 338 The following was read the second time: CS FOR SENATE BILL NO. 338(STA) "An Act relating to actionable claims against state employees; and providing for an effective date." with the: Journal Page JUD RPT 1DP 2NR 1AM 4047 FN1: ZERO(LAW) 4048 2004-05-09 House Journal Page 4068 Amendment No. 1 was offered by Representatives Stepovich, Dahlstrom, Gara, Crawford, Berkowitz, Kott, Lynn, and Gruenberg: Page 1, following line 3: Insert a new bill section to read: "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: PURPOSE. The purpose of sec. 4 of this Act is to permit a civil action by or on behalf of a member of the military services against an employee of the state when the state is otherwise immune from the suit under the doctrine of intramilitary immunity, and to require the state to defend and indemnify the state employee if the state employee was acting within the scope of state employment but not as a member of the Alaska Militia." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 4, following line 7: Insert new bill sections to read: "* Sec. 4. AS 26.05.145(a) is amended to read: (a) A civil action for damages may not be brought by or on behalf of a member of the military services against the state or against any [EMPLOYEE OF THE STATE OR ANY] member or former member of the Alaska militia for wrongful death, personal injury, or other tort claim or injury arising out of activities that were incident to the member's military service. However, if an action is brought by or on behalf of a member of the military services against an employee of the state for wrongful death, personal injury, or other tort claim or injury arising out of activities that were incident to the member's military service, the state shall defend and indemnify the state employee, if the action against the state employee is based on acts or omissions within the scope of the employee's state employment and the state employment was not as a member of the Alaska Militia." Renumber the following bill sections accordingly. 2004-05-09 House Journal Page 4069 Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. Representative McGuire objected. Amendment to Amendment No. 1 was offered by Representative Gara: Page 2, line 2, following "the": Insert "United States" Representative Gara moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 338(STA) Second Reading Amendment No. 1 as amended YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara, Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, Kookesh, Kott, Lynn, Masek, Morgan, Moses, Ogg, Seaton, Stepovich, Stoltze, Weyhrauch, Williams Nays: Anderson, Chenault, Coghill, Foster, Harris, Heinze, Kohring, McGuire, Meyer, Rokeberg, Samuels, Wilson, Wolf Excused: Holm And so, Amendment No. 1 as amended was adopted. Representative Coghill moved and asked unanimous consent that CSSB 338(STA) am H be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSB 338(STA) am H was read the third time. 2004-05-09 House Journal Page 4070 The question being: "Shall CSSB 338(STA) am H pass the House?" The roll was taken with the following result: CSSB 338(STA) am H Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Anderson, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker, Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Excused: Holm Absent: Berkowitz, Guttenberg, Joule And so, CSSB 338(STA) am H passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 338(STA) am H was referred to the Chief Clerk for engrossment.