Legislature(1997 - 1998)
02/17/1997 09:04 AM House CRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
February 17, 1997
9:04 a.m.
MEMBERS PRESENT
Representative Ivan Ivan, Chairman
Representative Fred Dyson
Representative Scott Ogan
Representative Jerry Sanders
Representative Al Kookesh
MEMBERS ABSENT
Representative Joe Ryan
Representative Reggie Joule
COMMITTEE CALENDAR
HOUSE BILL NO. 94
"An Act relating to confidentiality of certain municipal tax
records."
- MOVED CSHB 94(CRA) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 94
SHORT TITLE: MUNICIPAL TAX RECORDS
SPONSOR(S): REPRESENTATIVE(S) GREEN,Kelly
JRN-DATE JRN-PG ACTION
01/29/97 168 (H) READ THE FIRST TIME - REFERRAL(S)
01/29/97 168 (H) CRA, FINANCE
02/12/97 (H) CRA AT 8:00 AM CAPITOL 124
02/14/97 362 (H) COSPONSOR(S): KELLY
02/17/97 (H) CRA AT 9:00 AM CAPITOL 124
WITNESS REGISTER
JEFF LOGAN, Legislative Assistant
to Representative Joe Green
Alaska State Legislature
Capitol Building, Room 118
Juneau, Alaska 99801
Telephone: (907) 465-4931
POSITION STATEMENT: Testified on HB 94
ACTION NARRATIVE
TAPE 97-10, SIDE A
Number 020
CHAIRMAN IVAN IVAN called the House Community and Regional Affairs
Standing Committee meeting to order at 9:04. Members present at
the call to order were Representatives Dyson, Ogan, Sanders and
Kookesh. Members absent were Representatives Ryan and Joule.
HB 94 - MUNICIPAL TAX RECORDS
CHAIRMAN IVAN indicated the committee would hear HB 94,
"An Act relating to confidentiality of certain municipal tax
records." He noted at the last hearing on the bill, they adopted
an amendment to Amendment 1. The committee did not take any action
on this amendment. Between the time of this previous hearing and
today, Representative Green's staff worked with Legislative Legal
Services on an amendment to satisfy the Community and Regional
Affairs Committee's objectives.
Number 130
REPRESENTATIVE JERRY SANDERS made a motion to withdraw Amendment 1,
as amended, which was introduced at the previous hearing. Hearing
no objection, it was so ordered.
Number 180
REPRESENTATIVE SANDERS made a motion to adopt Amendment 2,
LS0419\A.2, dated 2/14/97, as outlined below:
Page 2, lines 8 - 9:
Delete all material.
Insert: "the person may have, the person may recover from the
municipality liquidated damages in the amount of
$1,000 or actual damages resulting from the
disclosure, whichever is greater. The person may
recover liquidated damages under this subsection even
if the person does not request actual damages or does
not offer evidence of the amount of actual damages."
Hearing no objection, Amendment 2 was adopted.
Number 220
JEFF LOGAN, Legislative Assistant to Representative Joe Green,
Alaska State Legislature, came forward to testify on HB 94. He
noted that the amendment had three points which he wished to
outline. The last two lines, 8 and 9, on page 2 of the previous
section, was taken out and new language was inserted. The new
language on line 3 of the amendment, the phrase, "from the
municipality" was inserted in response to a concern expressed by
Representative Ogan. The language which said that the party harmed
can recover from the official or employee was removed and changed
to language that says a party may recover from the municipality
instead.
MR. LOGAN clarified for the committee, and for the record, a point
that he made at the last meeting in response to this same concern
by Representative Ogan. This was the statement Mr. Logan made
about state employee's being indemnified from this type of action.
In fact, this is true; however, it is not a statutory
indemnification. It is the policy of the Division of Risk
Management that state employees against whom an action is brought
in court will be defended by the state, and if a judgment is
entered against this employee the state will also cover the cost
associated with any type of an award. This is a policy rather than
a codified point of law. It is based on a well defined tort
doctrine known as respondeat superior, which means that the
superior will respond.
Number 420
MR. LOGAN noted that the second change was on line 4 of the
amendment where they raised the amount of the liquidated damages
award to $1,000 from $500. Finally, they made changes in the last
sentence of the amendment to read, "the person may recover
liquidated damages under this subsection," even if the person does
not request actual damages or does not offer evidence as to the
amount of actual damages. In any event, the $1,000 would be what
they would get. There is no cap on this amount.
Number 513
REPRESENTATIVE SCOTT OGAN moved and asked unanimous consent to move
CSHB 94 (CRA), as amended, out of committee with individual
recommendations and accompanying zero fiscal note. Hearing no
objection, CSHB 94 (CRA) was moved out of the House Community and
Regional Affairs Committee.
ADJOURNMENT
Number 525
CHAIRMAN IVAN adjourned the meeting at 9:11 a.m.
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