Legislature(2005 - 2006)BUTROVICH 205

04/18/2005 08:30 AM JUDICIARY


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Audio Topic
08:36:32 AM Start
08:37:33 AM Confirmation Hearing: Board of Governors of the Alaska Bar: Mr. Joseph N. Faulhaber
08:41:34 AM Confirmation Hearing: Board of Governors of the Alaska Bar: Ms. Terry L. Thurbon
09:08:34 AM SB154
10:20:41 AM SB86
10:29:04 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmations: TELECONFERENCED
Board of Governors of the Alaska Bar
Joseph N. Faulhaber
Chief Administrative Law Judge
Terry L. Thurbon
+ SB 134 POLICE INVESTIGATION STANDARDS/ARRESTS TELECONFERENCED
Scheduled But Not Heard
<Above Bill Hearing Canceled>
+ SB 154 JUVENILE DELINQUENCY PROCEEDINGS TELECONFERENCED
Moved CSSB 154(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 86 STATE/MUNI LIABILITY FOR ATTORNEY FEES
Moved CSSB 86(CRA) Out of Committee
          SB 86-STATE/MUNI LIABILITY FOR ATTORNEY FEES                                                                      
                                                                                                                                
10:20:41 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 86 to be up for consideration.                                                                 
                                                                                                                                
SENATOR HOLLIS FRENCH  asked Mr. Craig Tillery to  explain to the                                                               
Senate  Standing Judiciary  Committee the  current law  regarding                                                               
what happens when a public interest litigant loses their case.                                                                  
                                                                                                                                
MR. CRAIG TILLERY, assistant attorney  general, Department of Law                                                               
(DOL),  divulged when  a public  interest litigant  loses a  case                                                               
they are not required to pay  the attorney fees of the prevailing                                                               
party.                                                                                                                          
                                                                                                                                
SENATOR FRENCH asked whether SB 86 changes that.                                                                                
                                                                                                                                
MR. TILLERY  answered SB 86 is  not intended to impact  or affect                                                               
the situation where a public interest litigant loses a lawsuit.                                                                 
                                                                                                                                
SENATOR FRENCH  asserted those  changes are in  HB 145,  which is                                                               
currently tied up in court.                                                                                                     
                                                                                                                                
MR. TILLERY agreed.                                                                                                             
                                                                                                                                
10:23:06 AM                                                                                                                   
SENATOR  GENE   THERRIAULT  asked  Mr.  Tillery   to  comment  on                                                               
necessity of the findings section.                                                                                              
                                                                                                                                
MR. TILLERY informed the findings and  intent section is in SB 86                                                               
to make it  clear that the Legislature is enacting  the bill as a                                                               
matter of sovereign immunity.                                                                                                   
                                                                                                                                
10:25:16 AM                                                                                                                   
SENATOR FRENCH  asked Mr.  Tillery whether SB  86 would  embody a                                                               
court rule change.                                                                                                              
                                                                                                                                
MR. TILLERY answered no.                                                                                                        
                                                                                                                                
SENATOR FRENCH  clarified HB  145 was found  contrary by  the one                                                               
court who has reviewed it.                                                                                                      
                                                                                                                                
MR. TILLERY  said SB 86 responds  to that by taking  into account                                                               
the views of the Alaska Superior Court.                                                                                         
                                                                                                                                
10:26:30 AM                                                                                                                   
CHAIR SEEKINS  asked Mr.  Tillery whether  there was  a sovereign                                                               
immunity issue in HB 145.                                                                                                       
                                                                                                                                
MR. TILLERY  said there was no  sovereign immunity in HB  145. He                                                               
said SB 86 is entirely different from HB 145.                                                                                   
                                                                                                                                
SENATOR  THERRIAULT  moved  CSSB   86(CRA)  from  committee  with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
SENATOR FRENCH objected.                                                                                                        
                                                                                                                                
Roll  call proved  CSSB 86(CRA)  passed from  committee on  a 3-2                                                               
vote with Senators French and Guess dissenting.                                                                                 

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