Legislature(1993 - 1994)

01/13/1994 09:01 AM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
 CHAIRMAN RANDY PHILLIPS brought  SB 35  (IMMUNITY FOR ACTIONS TAKEN           
 UNDER AS 46.13) before the committee.                                         
                                                                               
 SENATOR LEMAN reviewed his sponsor statement emphasizing that SB 35           
 will help clarify the law regarding immunity in emergency planning            
 functions.                                                                    
                                                                               
 Number 342                                                                    
                                                                               
 KEVIN KOCHLEIN, Chair of Local Emergency Planning Committee for the           
 Mat-Su Borough, voiced support for SB 35 and urged rapid passage of           
 SB 35.                                                                        
                                                                               
 ERNEST MELOCHE, Chair of the Ketchikan LEPC and a founding member             
 of  the LEPC Association, supported SB 35.  He pointed out the                
 critical nature of providing blanket immunity.                                
                                                                               
 Number 395                                                                    
                                                                               
 ROBERT SPENCER, Coordinator of the Fairbanks LEPC, supported SB 35            
 and urged its passage.  He expressed that people preforming                   
 coordination and administration duties for LEPCs who are not                  
 members of the LEPC or the state commission should be provided with           
 some sort of community liability protection.                                  
                                                                               
 JIM STUDLEY, Northern Southeast LEPC Emergency Planner, supported             
 SB 35 and also recommended its passage.                                       
                                                                               
 Number 430                                                                    
                                                                               
 DOUG WELDE, Chairman of the Petersburg/Wrangell LEPC, supported SB
 35 and urged passage of SB 35 because without immunity the                    
 volunteer seats are difficult to fill.                                        
                                                                               
 BOB STEWART, Emergency Management Director for the Municipality of            
 Anchorage, LEPC and SERC member, noted that the bill will be an               
 impetus to local governments because it eliminates the long-term              
 liability concerns.  He said that SB 35 will enhance overall state            
 planning.  He supported SB 35.                                                
                                                                               
 SENATOR RANDY PHILLIPS requested the positions of the Chugiak Fire            
 Department and the South Fork Fire Department regarding this bill.            
                                                                               
 JEFF MORRISON, Director of Administrative and Support Services                
 Division, Department of Military and Veteran Affairs, stated he was           
 present for questions.                                                        
                                                                               
 Number 490                                                                    
                                                                               
 MICHAEL CONWAY, Department of Environmental Conservation (DEC),               
 said that the Department supports SB 35.                                      
                                                                               
 SENATOR TAYLOR questioned the circumstances for possible liability            
 of individual volunteers without the state being also held                    
 responsible.  He does not want to defend these volunteers and hold            
 them harmless.                                                                
                                                                               
 MARIE SANSONE, Assistant Attorney General, Department of Law,                 
 confirmed that the possibility of liability is remote.  The                   
 planning is no longer a discretionary act but rather a mandatory              
 act. Failure to follow the Emergency Planning and Community Right             
 to Know Act's requirements or gross negligence within those                   
 requirements could result in liability.  She discussed the                    
 Indemnification Agreement.                                                    
                                                                               
 SENATOR TAYLOR said that the state already has a written agreement            
 that will indemnify and defend those volunteers.  He added that the           
 legislation does not intend to provide immunity for gross                     
 negligence.                                                                   
                                                                               
 Number 552                                                                    
                                                                               
 MARIE SANSONE agreed with Senator Taylor, but pointed out that the            
 agreement in place was only temporary until legislation was                   
 enacted.  She emphasized that indemnification binds future                    
 legislatures to make an appropriation which could be                          
 unconstitutional.                                                             
                                                                               
 SENATOR ZHAROFF asked if indemnification is only in effect if their           
 is a spill and some coordinated effort is already in place.  Marie            
 Sansone responded that the Indemnity Agreement only covers planning           
 for emergencies not response.  The SERC and LEPCs are only                    
 responsible for planning.                                                     
                                                                               
 TAPE 94-2, SIDE B                                                             
                                                                               
 Number 580                                                                    
                                                                               
 MARIE SANSONE, in answer to Senator Zharoff, explained the last               
 section of SB 35 and the protections built into the law. The last             
 sentence recognizes that even if immunity were provided to these              
 committees, the federal law is supreme.                                       
                                                                               
 Number 570                                                                    
                                                                               
 SENATOR TAYLOR explained that federal law will not allow immunity             
 to volunteers in certain situations, therefore there must be an               
 ongoing agreement.  He reiterated that SB 35 is covering  only the            
 planners, not those volunteers who execute the plans.  Ms Sansone             
 informed the committee that other immunity statutes deal with                 
 responders and municipal governments.  Senator Taylor emphasized              
 the need to address the whole problem and all those affected.                 
                                                                               
 Number 540                                                                    
                                                                               
 SENATOR LEMAN clarified that SB 35 identifies who cannot be sued              
 and provides some immunity, but still leaves the state as an                  
 umbrella.                                                                     
                                                                               
 MARIE SANSONE answered that SB 35 does not immunize the state, the            
 state departments involved, the responder, or the local government.           
 The victims would not be left without any remedies.                           
                                                                               
 SENATOR TAYLOR asserted that SB 35 does not provide for responders.           
 He reiterated the need to address the whole problem.  Ms. Sansome             
 suggested looking at her memorandum for some existing responder               
 liability statutes.                                                           
                                                                               
 SENATOR ZHAROFF asked if SB 35 could be expanded to include                   
 responders.  Ms. Sansone suggested going through the statutes she             
 cited in her opinion which do provide some protection for                     
 responders.                                                                   
                                                                               
 Number 467                                                                    
                                                                               
 ANNETTE KRIETZER, staff to Senator Leman, said that many who                  
 testified were planners as well as responders.  These people                  
 realize their liability as responders, however, they are concerned            
 with the planning aspect.                                                     
                                                                               
 SENATOR ADAMS noted that there is no money from the State nor from            
 the Response Fund.                                                            
                                                                               
 SENATOR TAYLOR asked for examples of liability suits and a                    
 clarification of the remoteness of such liability suits.  Ms.                 
 Krietzer did not know either, but commented that the LEPCs do not             
 like the odds whatever they are.                                              
                                                                               
 SENATOR LEMAN moved that SB 35 with the attached fiscal note be               
 passed out of committee with individual recommendations.  Senator             
 Adams objected, then removed his objection.   Chairman Randy                  
 Phillips called for a voice vote on the motion.  Senators Randy               
 Phillips, Leman, and Taylor voted "Yea".  Chairman Randy Phillips             
 stated that the motion carried.                                               

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