Legislature(1995 - 1996)
02/06/1995 01:08 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
February 6, 1995
1:08 p.m.
MEMBERS PRESENT
Representative Brian Porter, Chairman
Representative Joe Green, Vice Chairman
Representative Con Bunde
Representative Bettye Davis
Representative Al Vezey
Representative Cynthia Toohey
Representative David Finkelstein
COMMITTEE CALENDAR
Presentation: "State of AK - An Assessment of Impaired Driving
Programs"
HB 19:"An Act relating to the definition of 'fault' as that
term is used for the purposes of determining the
liabilities of parties in civil actions, setting
limitations on civil liability, and authorizing the
award, in conformance with applicable court rule, of
attorney fees in civil actions."
PASSED OUT OF COMMITTEE
* HB 18:"An Act amending the statute of limitations applicable to
civil actions brought against peace officers and
coroners."
PASSED OUT OF COMMITTEE
HB 25:"An Act revising Rule 16, Alaska Rules of Criminal
Procedure, relating to discovery and inspection in
criminal proceedings, to adopt the comparable federal
rule."
SCHEDULED BUT NOT HEARD
(* First public hearing)
WITNESS REGISTER
RON OTTE, COMMISSIONER
DEPARTMENT OF PUBLIC SAFETY
P.O. BOX 111200
JUNEAU, AK 99811-1200
Telephone: (907) 465-4322
POSITION STATEMENT: Provided information on Impaired Driving
Programs
LORN CAMPBELL, ADMINISTRATOR
DEPARTMENT OF PUBLIC SAFETY
ALASKA HIGHWAY SAFETY PLANNING AGENCY
P.O. BOX 111200
JUNEAU, AK 99811-1200
Telephone: (907) 465-4371
POSITION STATEMENT: Presented Impaired Driving Programs
CHARLES FROBENIUS, PRIVATE INDIVIDUAL
Matanuska-Susitna Borough Legislative Information Office
Phone number and address not obtained
POSITION STATEMENT: Testified against HB 18
WILDA WHITAKER, AIDE TO REPRESENTATIVE GENE THERRIAULT
Alaska State Legislature
State Capitol, Room 421
Juneau, AK 99801-1182
Telephone: (907) 465-4797
POSITION STATEMENT: Testified in favor of HB 18
ANNE CARPENETI, COUNSEL
HOUSE JUDICIARY COMMITTEE
Alaska State Legislature
State Capitol, Room 120
Juneau, AK 99801-1182
Telephone: (907) 465-4990
POSITION STATEMENT: Gave information on HB 18
PREVIOUS ACTION
BILL: HB 19
SHORT TITLE: DEFINITION OF "FAULT" FOR CIVIL LIABILITY
SPONSOR(S): REPRESENTATIVE(S) THERRIAULT
JRN-DATE JRN-PG ACTION
01/06/95 25 (H) PREFILE RELEASED
01/16/95 25 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 25 (H) JUD, FIN
01/30/95 (H) JUD AT 01:00 PM CAPITOL 120
02/01/95 (H) JUD AT 01:00 PM CAPITOL 120
02/06/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 18
SHORT TITLE: STATUTE OF LIMITATIONS:POLICE/CORONERS
SPONSOR(S): REPRESENTATIVE(S) THERRIAULT
JRN-DATE JRN-PG ACTION
01/06/95 25 (H) PREFILE RELEASED
01/16/95 25 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 25 (H) JUDICIARY
02/06/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 25
SHORT TITLE: CRIMINAL DISCOVERY RULES
SPONSOR(S): REPRESENTATIVE(S) PARNELL,Porter,Green,Bunde
JRN-DATE JRN-PG ACTION
01/06/95 27 (H) PREFILE RELEASED
01/16/95 27 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 27 (H) JUD, FIN
01/18/95 75 (H) COSPONSOR(S): GREEN
01/19/95 89 (H) COSPONSOR(S): BUNDE
01/27/95 (H) JUD AT 01:00 PM CAPITOL 120
01/27/95 (H) MINUTE(JUD)
01/30/95 (H) JUD AT 01:00 PM CAPITOL 120
01/30/95 (H) MINUTE(JUD)
02/01/95 (H) FIN AT 01:30 PM HOUSE FINANCE 519
02/06/95 (H) JUD AT 01:00 PM CAPITOL 120
ACTION NARRATIVE
TAPE 95-7, SIDE A
Number 000
The House Judiciary Standing Committee was called to order at 1:08
p.m. on Monday, February 6, 1995. A quorum was present. CHAIRMAN
BRIAN PORTER stated the following would be heard: A presentation
on the Impaired Driving Program, HB 19, and HB 18. He noted that
due to the time factor, the hearing for HB 25 would be moved to
Wednesday, February 8.
Number 048
RON OTTE, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY introduced Lorn
Campbell who was present to explain the Impaired Driving Program.
Number 075
LORN CAMPBELL, ADMINISTRATOR, HIGHWAY SAFETY PLANNING AGENCY,
stated the assessment was requested by the Department of Public
Safety, Highway Safety Planning Agency, and was conducted by a
technical assistance team, the National Highway Safety
Transportation Administration. He said the team was composed of
people having demonstrated abilities in the field of impaired
driving program development, implementation, and evaluation, at
both state and local levels. He named all the members.
MR. CAMPBELL explained that last year, Alaska had the lowest number
of traffic fatalities in seven years. He attributes this to
increased enforcement efforts, and the "headlights on" rule on the
highway. On February 15, there will be a highway transportation
safety administration town meeting to discuss a ten year plan to
combat highway fatality and injury. There are plans to combine
agency efforts in developing and implementing prevention programs.
MR. CAMPBELL said they planned to fund a crime lab toxicologist
position and an ion spectrum machine to start testing blood and
urine samples for drugs. The "Cops in the Shop" program in
Anchorage has spread to Fairbanks and the Kenai Peninsula. The
amount of money spent on that program has been increased by
$100,000. There is a program that trains nurses in the emergency
room to go out to the high schools and make presentations on the
seriousness of speeding, drinking, and driving to teenage groups.
Money may also be allocated for a drug recognition training
program.
MR. CAMPBELL noted that a high priority item for them is to
explore the alternatives for jail space. From the highway safety
standpoint, the Department of Corrections' problem is a big
concern, because it takes anywhere from four weeks to as much as 18
months before they can find bed space for people convicted of drunk
driving. This provides little incentive for the drunk driver to
not drive drunk. He books himself in when the time is convenient
for him to get in there for a long period of time.
MR. CAMPBELL felt a Governor's Task Force, including a broad base
of members, would be beneficial. He thought the combined efforts
of like interest groups would have an affect on the Driving While
Intoxicated (DWI) problem.
Number 340
REPRESENTATIVE CYNTHIA TOOHEY asked where the National Highway
Traffic Safety Administration (NHTSA) town meeting would take
place.
Number 342
MR. CAMPBELL replied it would be held at the Captain Cook Hotel.
Number 347
REPRESENTATIVE TOOHEY asked Mr. Campbell if he planned to make
headlights mandatory on all highways within the state.
Number 350
MR. CAMPBELL said that is the decision of both the Commissioner of
Public Safety and the Commissioner of Highways. They both want the
program expanded, but there is nothing that can be done while most
of the ground is frozen. The signs have already been purchased to
include the Parks and the Glenn Highways. It costs about $500 per
sign. A lot of car makers are going to automatic "headlights on"
which shut off when the engine shuts off. Other states are
becoming interested in this plan.
Number 370
REPRESENTATIVE CON BUNDE asked if the effectiveness was just
because seeing headlights is a novelty; and if the novelty would
wear off and lose the plan's effectiveness.
MR. CAMPBELL said lights would not be required for short stretches
of road, but he believes that when car lights are seen out on the
highway, it alerts people to think about the dangerousness of that
particular stretch of highway. He felt the headlights had a
definite deterrent effect.
Number 390
REPRESENTATIVE BUNDE asked how the "Cops in Shops" was going, and
whether he had details on its effectiveness.
Number 392
MR. CAMPBELL said this has been effective, along with the "use
it/lose it" bill. He felt it deterred drinking within the teenage
group. This idea has spread to the Kenai Peninsula and Fairbanks
areas.
Number 405
REPRESENTATIVE BETTYE DAVIS said while they are talking about
preventative money, she wondered about the money that was earmarked
to come out of the Intermodal Surface Transportation Efficiency Act
(ISTEA) for prevention purposes. She asked if any of this money
was coming to some of the programs Mr. Campbell had just talked
about.
Number 415
CHAIRMAN PORTER asked if she meant the "Helmet" money.
Number 417
REPRESENTATIVE DAVIS said yes.
Number 418
MR. CAMPBELL brought a list of projects being funded this year and
handed it out. He said the money was being broadly distributed.
The accident-free days provided Anchorage, Fairbanks, Palmer,
Juneau and Wasilla with extra overtime for traffic enforcement.
All the emergency medical services and "Cops in the Shops" receive
funds. He said the motorcycle helmet money is used for buying
traffic equipment for police departments; $275,000 worth of radar
and cameras for 16 cities. A safety equipment program is in place
where cities can quickly get a $5,000 grant to buy things like
orange signs, paint stripers, etc.
MR. CAMPBELL continued, describing the prevention plan. He felt
the Alaska Highway Safety Agency along with the Department of
Education should take the lead in establishing the K-12 traffic
safety education programs, with materials emphasizing alcohol and
drug impaired driving. He said the state used to have drivers'
education classes, which ended when funding ran out. He felt it
would be a waste of money to implement a training program that may
just be funded for a couple of years. A whole lot of people would
have to want this to continue once it was started, to avoid wasting
the money. He felt the staff of the Alcohol Control Board should
be increased. He also felt the law should allow for the revocation
of licenses from those who serve underage drinkers. He felt that
if you pulled a bar license, the server could move from bar to bar,
so some legislative consideration is due there. He felt the
officers should have the option of demanding blood tests.
Number 500
REPRESENTATIVE BUNDE asked why the officer would want the choice of
giving a blood or breath test. He guessed you would make the
choice for blood, which is a more expensive test, if you were
suspicious of other drugs involved.
Number 515
MR. CAMPBELL said yes.
Number 520
REPRESENTATIVE VEZEY noted the person being stopped can request a
blood test, but the officer cannot.
Number 525
MR. CAMPBELL explained there is a bill presently pending in the
legislature which would make the third and subsequent DWI an
offensive felony. Another issue up for legislative consideration
is vehicle homicide and DWI assault laws. They would like to
implement a training program to enhance the officers' ability to
detect and apprehend DWI suspects at lower levels of blood alcohol
content and controlled substances. He said they will be holding
several different courses on the standard field sobriety testing
and drug recognition for officers. Part of the equipment purchases
made were portable, hand-held breathalizers.
MR. CAMPBELL recommended developing a program of sobriety
checkpoints, realizing that the public knowledge of the checkpoints
is as much a deterrent as the apprehension that may result.
Sobriety checkpoint legislation was introduced last year, but not
this year yet. He felt that having checkpoints does not arrest
more people, it deters them from drinking and driving, and prevents
them from being arrested. The object is not to arrest people, it
is to get them to obey the law, so you do not have to arrest them.
They also want to expand the Alcohol Safety Action Program (ASAP),
which is effective in Anchorage, but has not gone much further than
the Anchorage area. They also want to create intervention programs
for young offenders. They have mini-grants this year of $1,000 for
activities at graduation time that will keep the kids in the high
schools. There is a Canadian production show called "Heros" that
goes into the high schools throughout the state. A judicial task
force should be formed to include the Department of Corrections,
state and local police, and other public safety groups, members of
the judiciary, state and local government; persons to form plans to
eliminate the overcrowded jails. We need to look into a process
for determining which misdemeanors are prioritized for entrance
into the jails.
Number 640
CHAIRMAN PORTER asked Mr. Campbell to explain what the 85 percent
increase in collections for the ASAP program was all about.
Number 645
MR. CAMPBELL understood that they collect a fee from the clients
who use the program.
Number 660
REPRESENTATIVE BUNDE thought the decreased number in highway
fatalities last year was due to the efforts of the Department of
Public Safety and the Alaska Highway Safety Planning Agency.
CHAIRMAN PORTER thanked Mr. Campbell and Commissioner Otte for
presenting their program suggestions.
HJUD - 02/06/95
HB 19 - DEFINITION OF "FAULT" FOR CIVIL LIABILITIES
Number 695
CHAIRMAN PORTER summarized where the committee was on HB 19. The
bill proposed to add something that may not be necessary, but may
reduce some court time in trying to establish or not establish that
an intentional act is also an act that should be accrued to civil
fault. If they put this into effect, how would it affect the
general case law position which says an intentional actor is often
considered totally responsible for culpability of civil wrong.
This might diminish someone's recovery from people who are perhaps
negligently involved in a wrong, but not from one of the actors who
did so intentionally. While that is an interesting question, it is
not a question this bill is asked to answer. He read the Letter of
Intent, which states:
"In adding `intentional' to the definition of fault in this
chapter, the committee intends to make it clear that parties
whose actions are arguably intentional may be named or joined
in the litigation, as well as those who are allegedly
negligent or reckless. The inclusion of intentional
tortfeasors does not preclude consideration of whether
intentional tortfeasor's acts relieve unintentional
tortfeasors of liability."
In other words, what this says, is that we are not trying to answer
that question regarding the intentional actor's liability. It is
out there to be answered on an individual basis anyway. What we
are doing here is just stating that intentional actors do not get
a free ride from civil liability. He asked if there were any
questions about the Letter of Intent.
Number 740
REPRESENTATIVE TOOHEY made a motion to adopt the Letter of Intent,
which adds "intentional". No objections were made, so the Letter
of Intent was adopted.
Number 745
REPRESENTATIVE TOOHEY made a motion to move HB 19 with the Letter
of Intent, attached fiscal notes, and individual recommendations.
No objections were heard, so the bill moved out of committee.
HJUD - 02/06/95
HB 18 - STATUTE OF LIMITATIONS: POLICE/CORONERS
Number 760
WILDA WHITAKER, AIDE TO REPRESENTATIVE GENE THERRIAULT came forward
to answer questions about HB 18. She described this to be an Act
amending the statute of limitations for civil actions brought
against peace officers and coroners; bringing them into conformity
with the statute of limitations for general civil actions. It
proposes to reduce from three years to two years, the period in
which civil actions may be brought against peace officers and
coroners, based on an act performed in an official capacity, or on
failure to perform an official duty. The three year statute
relating to peace officers was enacted for Alaska by Congress in
1900. Congress took the statutes from Oregon which, in turn, took
them from New York. New York's peace officer statute was enacted
in 1829. Its purpose was to benefit peace officers by providing a
period of limitations shorter than the general statute, which was
six years. In future years, the statute of limitations for general
tort claims has been reduced to two years, with no corresponding
change in the peace officer statute. What started as a protective
measure for police officers is no longer serving that purpose.
This legislation would serve a twofold purpose of affording police
officers the same protection as is provided to the general public,
in bringing an antiquated statute into conformity with more recent
law. The statute of limitations would remain for three years, for
civil actions currently in progress. Basically, what started out
as a protection for police officers has since become a detriment,
and we wanted to bring the statute up to date.
REPRESENTATIVE VEZEY thought if there was a special statute for
peace officers and coroners, why not just repeal it, to make them
equal to everybody else?
MS. WHITAKER said they did repeal AS 09.10.060(a), and then they
put it back in, and another one, AS 09.10.070, but it just adds it
as a section. We repealed a section that pertains to peace
officers, and we put it back in another section, so it would still
specifically refer to peace officers.
Number 795
REPRESENTATIVE VEZEY asked why not just be silent on it. Why do
you have to add another paragraph?
Number 797
MS. WHITAKER did not know. She guessed they could.
Number 799
CHAIRMAN PORTER asked Anne Carpeneti, Committee Counsel if there
was a further answer to that.
Number 800
ANNE CARPENETI, COUNSEL, HOUSE JUDICIARY COMMITTEE, said,
subsection (a), which we are moving from one statute to another,
specifically applies to an act done in an official capacity, or by
the omission of an official duty. Repealing the statute in hopes
that it is covered by another statute, is not very safe.
Number 810
CHARLES FROBENIUS, a private individual from the Matanuska-Susitna
Borough testified against HB 18, via teleconference. He felt there
was no reason to change the statute as it is right now, for
specific reasons. The statutes for criminal proceedings against
private individuals will be three to five years. Peace officers
are no longer second class people when they violate laws, or use
their position (indisc.). They should not be treated any
differently. Their ability to obtain legal assistance and
financial support is quite extensive, if they are in the wrong and
someone brings suit against them. A private individual is nearly
hamstrung trying to find legal counsel to support his claim. How
many lawyers do you think you are going to find that are going to
go to City Hall? I have tried; there are few. It is hard to find
witnesses who will testify against an officer. They do not want to
do it for fear of retribution against them, and for good reason.
He feels there is no reason to change this law as it stands right
now.
Number 850
CHAIRMAN PORTER clarified this bill, saying it would not, in any
way, affect an allegation of a criminal act by a police officer or
coroner, only the standard civil allegations that come along.
REPRESENTATIVE BUNDE understood that this reduces peace officer
protection from three years to two years; so it is, in fact, a
disadvantage to the peace officers.
Number 859
CHAIRMAN PORTER said the statute of limitations for bringing civil
actions, is basically two years; which we will be hearing a lot
about when we get to another bill. From the time the act bringing
about the problem occurred, or when the person who is harmed
discovers or should have discovered; two years from that time on,
a person may bring suit against the person for that act. Right
now, for cops, it is three years. For everybody else it is two
years.
Number 870
MS. WHITAKER pointed out to Mr. Frobenius that they are not making
an exception for police officers, it just brings them into
conformity. They do not get off any easier than anyone else.
Number 872
CHAIRMAN PORTER said Ms. Whitaker's testimony implied that, while
police officers were given three years, everyone else had some
longer period of time.
MS. WHITAKER replied that it used to be three years for police
officers, and six years for everyone else. The reason behind
giving the police officers a shorter statute of limitations, is
because they wanted to protect them. Now that six year period has
been shortened to two years, yet the three year limit still applies
to police officers, giving them the advantage.
TAPE 95-7, SIDE B
Number 000
REPRESENTATIVE TOOHEY made a motion to move the bill with
individual recommendations and attached fiscal notes.
There was no objection, and the bill moved out of committee.
ADJOURNMENT
The House Judiciary Committee adjourned at 2:00 p.m.
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