Legislature(2003 - 2004)
05/08/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 198-DAMAGES RECOVERED BY POLICE/FIREFIGHTER
BRIAN HOVE, staff to Senator Ralph Seekins, read the sponsor
statement into the record:
SB 198 revises the common law known as the
Firefighter's Rule. This rule precludes firefighters
and peace officers from recovering civil damages for
injuries caused by any negligent act inflicted while on
duty. The Firefighters Rule does not distinguish
between negligent acts requiring the firefighters or
peace officer's response from negligent acts that are
unrelated to the reason the firefighter or peace
officer was required to respond.
For example, as currently employed, the Firefighters
Rule precludes a police officer from suing for damages
for injuries suffered as a result of being struck by a
drunk driver during the course of transporting a
prisoner to the courthouse. This despite the fact that
the negligent act, in this case, the drunk driving, is
unrelated to the duty the officer was performing at the
time. SB 198 corrects this incongruity. Yet, on the
other hand, this bill does nothing to change the case
where the police officer is injured during the course
of a pursuit of the drunk driver. This is considered a
foreseeable risk associated with the profession and,
accordingly, well within that which the Firefighter's
Rule should cover.
Therefore, SB 198 makes a distinction between
negligence that is related to the reason the
firefighter or peace officer is responding and
negligence that is unrelated to the reason the
firefighter or peace officer is responding. In the
first instance, it does not allow a civil action.
Instead the firefighter or peace officer must rely on
the state's workers compensation system. However, in
the case where injury was caused by a negligent act not
related to the reason for the firefighter or peace
officer's response, then - under this legislation - a
civil action can be brought against the at-fault party.
SENATOR JOHN COWDERY asked how many people might be affected by
this legislation and what other states have done in this regard.
MR. HOVE didn't have that information.
SENATOR GRETCHEN GUESS asked whether the bill would be
retroactive.
MR. HOVE replied they had not discussed effective dates.
SENATOR FRED DYSON asked who the personal representative is for
peace officers.
CHAIR GARY STEVENS asked Mike Couturier to join Mr. Hove at the
table.
MIKE COUTURIER, an Anchorage Patrol Officer, expressed support
for SB 198. He said officers accept the inherent risks associated
with their profession, but need recourse for accidents and
injuries that are unrelated to the job they are performing. He
told a story about an officer that was critically injured by a
drunk driver while enroute to a call. Because of the Fireman's
Rule, he was unable to recover damages incurred as a result of
that traffic accident. Peace officers and firefighters shouldn't
have to give up their rights as citizens when they are working.
These are infrequent occurrences and would not cause a large
increase in litigation across the state; the bill would simply
take care of the exceptions.
SENATOR GUESS asked the committee to entertain two points:
· Whether the bill should be retroactive to 2000
· That the effective date should be immediate
SENATOR JOHN COWDERY commented that glitches in law should be
corrected.
CHAIR GARY STEVENS asked whether insurance coverage entered into
the discussion.
MR. COUTURIER advised it did to a certain extent because
taxpayers are paying for acts of neglect.
MIKE FOX, retired state trooper and employee of a Public Safety
Employee Association, testified in support of the bill.
WILL AITCHISON, attorney for the Anchorage Police Employees
Association, testified via teleconference in support of SB 198.
The Fireman's Rule stems from old rules regarding liability when
someone is doing business on your property. It evolved to the
point that police officers and firefighters had no right to
recover from a negligent third party when injured on the job.
A number of state legislatures have statutorily repealed court
decisions that adopted this type of rule on the theory that the
negligent wrongdoer, not the public, should bear responsibility
for their conduct.
The Firefighters Rule was adopted in a case involving the
Dillingham chief of police, but the Alaska Supreme Court didn't
define the confines of the rule and there are several. SB 198
adopts the Firefighters Rule statutorily, but makes a distinction
between negligence that is related to the reason the firefighter
or peace officer is responding and negligence that is unrelated
to the reason they are responding.
In response to Senator Cowdery's question, he said these cases
have been infrequent in Alaska. With regard to Senator Dyson's
question, he said the personal representative refers to peace
officers and firefighters who have died in the line of duty and
in those cases the personal representative would be the executor
of the estate.
CHAIR GARY STEVENS asked him to comment on the effective date and
whether it should be retroactive to 2000.
MR. AITCHISON said the bill is written to be effective on July 1,
but he doesn't see why it should be then. Also, the way he reads
the bill it would be retroactive to an existing claim.
SENATOR COWDERY asked if the state would assume additional costs
with this change.
MR. AITCHISON opined there would be a cost reduction to the
state.
CHAIR GARY STEVENS pointed out that page 2, line 5 makes the law
applicable on or after the effective date of the act.
SENATOR COWDERY asked what is typical in other states.
MR. AITCHISON thought this was the most common form. Other states
are split. Some have a more intensive rule and some have no rule
whatsoever.
SENATOR DYSON asked if the bill would allow for just the
negligent party to be sued and not a deep pocket.
MR. AITCHISON replied the bill only allows lawsuits against those
who are negligent and only where the negligence is independent of
the reason that the officer or firefighter is responding.
SENATOR DYSON asked for verification that SB 198 wouldn't allow
an injured officer or firefighter to collect twice for medical
bills or lost wages.
MR. AITCHISON said there would be an obligation to pay back the
state or whoever paid the medical bills.
SENATOR DYSON asked if pain and suffering, payment for loss of
future earnings and punitive damages would go directly to the
injured worker.
MR. AITCHISON replied they would.
SENATOR DYSON asked how to modify the bill to make it
retroactive.
MR. AITCHISON replied you would remove the applicability clause.
SENATOR GUESS stated she would like to remove Sec. 2 and make it
effective immediately.
CHAIR GARY STEVENS asked the sponsor's staff to respond to the
proposed change.
MR. HOVE said he had no problem with the change.
SENATOR LYMAN HOFFMAN commented [indiscernible}.
MITCH GRAVO, attorney and lobbyist for the Anchorage Police
Department Employees Association, testified they would support
the amendment.
SENATOR GUESS made a motion to amend the bill to remove Sec. 2,
lines 3-6 on page 2 and make a new Sec. 2 to make the effective
date immediate.
CHAIR GARY STEVENS called for a roll call on Amendment 1.
Senators Hoffman, Cowdery, Dyson, Guess and Chair Gary Stevens
voted yea. Amendment 1 passed unopposed.
SENATOR DYSON made a motion to move CSSB 198(STA) and attached
fiscal note from committee with individual recommendations. There
being no objection, it was so ordered.
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