Legislature(2015 - 2016)CAPITOL 120

04/16/2015 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:00 p.m. Today --
+= SB 43 IMMUNITY FOR FIRE DEPT. & MEMBERS TELECONFERENCED
Moved HCS CSSB 43(JUD) Out of Committee
-- Public Testimony --
+= SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 16, 2015                                                                                         
                           3:01 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Bob Lynn                                                                                                         
Representative Max Gruenberg                                                                                                    
Representative Charisse Millett                                                                                                 
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Wes Keller, Vice Chair                                                                                           
Representative Neal Foster                                                                                                      
Representative Matt Claman                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 30(FIN)                                                                                                  
"An   Act  relating   to  controlled   substances;  relating   to                                                               
marijuana; relating  to crimes and offenses  related to marijuana                                                               
and the use of marijuana;  relating to open marijuana containers;                                                               
relating to  established villages and local  options; relating to                                                               
delinquent  minors; making  conforming amendments;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 43(JUD)                                                                                                  
"An Act relating to immunity for a fire department and employees                                                                
or members of a fire department."                                                                                               
                                                                                                                                
     - MOVED HCS CSSB 43(JUD) OUT OF COMMITTEE                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 30                                                                                                                   
SHORT TITLE: MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
01/23/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        

01/23/15 (S) JUD, FIN

01/26/15 (S) JUD AT 1:00 PM BUTROVICH 205

01/26/15 (S) Heard & Held

01/26/15 (S) MINUTE(JUD)

01/28/15 (H) JUD AT 1:00 PM CAPITOL 120

01/28/15 (H) -- Companion Bill --

01/30/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)

01/30/15 (S) -- Meeting Postponed to Monday 2/2/2015 02/02/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/02/15 (S) -- Rescheduled from 01/30/15 -- 02/05/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/05/15 (S) Scheduled but Not Heard 02/06/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/06/15 (S) -- MEETING CANCELED -- 02/09/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/09/15 (S) Heard & Held 02/09/15 (S) MINUTE(JUD) 02/11/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/11/15 (S) Heard & Held 02/11/15 (S) MINUTE(JUD) 02/13/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/13/15 (S) Heard & Held 02/13/15 (S) MINUTE(JUD) 02/16/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/16/15 (S) -- MEETING CANCELED -- 02/18/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 02/18/15 (S) Heard & Held 02/18/15 (S) MINUTE(JUD) 02/20/15 (S) JUD AT 1:30 PM BUTROVICH 205 02/20/15 (S) Moved CSSB 30(JUD) Out of Committee 02/20/15 (S) MINUTE(JUD) 02/23/15 (S) JUD RPT CS 1DP 3AM NEW TITLE 02/23/15 (S) DP: MCGUIRE 02/23/15 (S) AM: COSTELLO, COGHILL, MICCICHE 02/24/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 02/24/15 (S) Heard & Held 02/24/15 (S) MINUTE(FIN) 03/03/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/03/15 (S) Heard & Held 03/03/15 (S) MINUTE(FIN) 03/05/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/05/15 (S) Heard & Held 03/05/15 (S) MINUTE(FIN) 03/06/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/06/15 (S) -- MEETING CANCELED -- 03/09/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/09/15 (S) -- MEETING CANCELED -- 03/09/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 03/09/15 (S) Departments: Environmental Conservation and 03/10/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 03/10/15 (S) Departments: Environmental Conservation and 03/11/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 03/11/15 (S) -- Public Testimony -- 03/12/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 03/12/15 (S) Heard & Held 03/12/15 (S) MINUTE(FIN) 03/13/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/13/15 (S) -- MEETING CANCELED -- 03/13/15 (S) FIN AT 1:30 PM SENATE FINANCE 532 03/13/15 (S) Heard & Held 03/13/15 (S) MINUTE(FIN) 03/14/15 (S) FIN AT 10:00 AM SENATE FINANCE 532 03/14/15 (S) -- MEETING CANCELED -- 03/18/15 (H) JUD AT 1:00 PM CAPITOL 120 03/18/15 (H) <Bill Hearing Canceled> 03/23/15 (S) FIN RPT CS 1DP 3NR 3AM NEW TITLE 03/23/15 (S) DP: MACKINNON 03/23/15 (S) NR: BISHOP, DUNLEAVY, HOFFMAN 03/23/15 (S) AM: KELLY, MICCICHE, OLSON 03/23/15 (S) FIN AT 9:00 AM SENATE FINANCE 532 03/23/15 (S) Moved CSSB 30(FIN) Out of Committee 03/23/15 (S) MINUTE(FIN) 03/25/15 (S) FIN CS ADOPTED Y16 N4 03/30/15 (S) TRANSMITTED TO (H) 03/30/15 (S) VERSION: CSSB 30(FIN) 03/31/15 (H) READ THE FIRST TIME - REFERRALS 03/31/15 (H) JUD, FIN 04/06/15 (H) JUD AT 1:00 PM CAPITOL 120 04/06/15 (H) Heard & Held 04/06/15 (H) MINUTE(JUD) 04/07/15 (H) JUD AT 1:30 PM CAPITOL 120 04/07/15 (H) Heard & Held 04/07/15 (H) MINUTE(JUD) 04/08/15 (H) JUD AT 1:00 PM CAPITOL 120 04/08/15 (H) Scheduled but Not Heard 04/09/15 (H) JUD AT 1:00 PM CAPITOL 120 04/09/15 (H) <Bill Hearing Canceled> 04/10/15 (H) JUD AT 1:00 PM CAPITOL 120 04/10/15 (H) Heard & Held 04/10/15 (H) MINUTE(JUD) 04/15/15 (H) JUD AT 1:00 PM CAPITOL 120 04/15/15 (H) -- MEETING CANCELED -- 04/16/15 (H) JUD AT 1:00 PM CAPITOL 120 BILL: SB 43 SHORT TITLE: IMMUNITY FOR FIRE DEPT. & MEMBERS SPONSOR(s): COGHILL 02/06/15 (S) READ THE FIRST TIME - REFERRALS 02/06/15 (S) CRA, JUD 02/17/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg) 02/17/15 (S) Heard & Held 02/17/15 (S) MINUTE(CRA) 03/05/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg) 03/05/15 (S) Moved CSSB 43(CRA) Out of Committee 03/05/15 (S) MINUTE(CRA) 03/06/15 (S) CRA RPT CS 3DP SAME TITLE 03/06/15 (S) DP: BISHOP, EGAN, MACKINNON 03/16/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 03/16/15 (S) Scheduled but Not Heard 03/18/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg) 03/18/15 (S) Heard & Held 03/18/15 (S) MINUTE(JUD) 03/20/15 (S) JUD AT 1:30 PM BUTROVICH 205 03/20/15 (S) Moved CSSB 43(JUD) Out of Committee 03/20/15 (S) MINUTE(JUD) 03/23/15 (S) JUD RPT CS 4DP SAME TITLE 03/23/15 (S) DP: MCGUIRE, COGHILL, COSTELLO, WIELECHOWSKI 04/01/15 (S) TRANSMITTED TO (H) 04/01/15 (S) VERSION: CSSB 43(JUD) 04/02/15 (H) READ THE FIRST TIME - REFERRALS 04/02/15 (H) CRA, JUD 04/06/15 (H) CRA REFERRAL REMOVED 04/09/15 (H) JUD AT 1:00 PM CAPITOL 120 04/09/15 (H) Heard & Held 04/09/15 (H) MINUTE(JUD) 04/15/15 (H) JUD AT 1:00 PM CAPITOL 120 04/15/15 (H) -- MEETING CANCELED -- 04/16/15 (H) JUD AT 1:00 PM CAPITOL 120 WITNESS REGISTER JORDAN SHILLING, Staff Senator John Coghill Alaska State Legislature, Juneau, Alaska POSITION STATEMENT: Presented HCS for CSSB 43 on behalf of the prime sponsor, Senator John Coghill. SUZI SHUTTS, Attorney Legislative Legal Counsel Legislative Legal and Research Services Juneau, Alaska POSITION STATEMENT: During the hearing of HCS for CSSB 43, answered questions. ACTION NARRATIVE 3:01:1PM CHAIR GABRIELLE LEDOUX called the House Judiciary Standing Committee meeting to order at 3:01 p.m. Representatives Lynn, Gruenberg, Olson, and LeDoux were present at the call of the meeting. Representative Millett arrived as the meeting was in progress. SB 30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES 3:01:19 PM CHAIR LEDOUX announced that the first order of business would be SENATE BILL NO. 30, "An Act relating to controlled substances; relating to marijuana; relating to driving motor vehicles when there is an open marijuana container; and providing for an effective date." 3:02:24 PM The committee took a brief at-ease. 3:02:58 PM REPRESENTATIVE OLSON moved to adopt HCS for CSSB 30, Version 29- LS0231\K, Martin, 4/14/15, as the working document. There being no objection, Version K was before the House Judiciary Standing Committee. [CSSB 30 was held over.] SB 43-IMMUNITY FOR FIRE DEPT. & MEMBERS 3:03:29 PM CHAIR LEDOUX announced that the final order of business would be SENATE BILL NO. 43, "An Act relating to immunity for a fire department and employees or members of a fire department." 3:04:07 PM REPRESENTATIVE LYNN moved to adopt HCS for CSSB 43, Version [29- LS0325\I], Shutts, 4/14/15, as the working document. There being no objection, Version I was before the House Judiciary Standing Committee. 3:04:41 PM JORDAN SHILLING, Staff, Senator John Coghill, said the prior version applied immunity too broadly, and this version includes professional municipally operated firemen. He opined the change was for the contract departments that serve the Municipality of Anchorage and the Fairbanks North Star Borough. He explained that the change is rather than apply the immunity to both the contract department and municipally operated department, this committee substitute reads that there would be immunity to the contract departments, which would be university fire departments and non-profit fire departments. 3:06:15 PM CHAIR LEDOUX opened public testimony and after ascertaining no one wished to testify closed public testimony. 3:06:33 PM REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 1 for discussion. REPRESENTATIVE MILLETT objected. 3:06:59 PM SUZI SHUTTS, Attorney, Legislative Legal Counsel, Legislative Legal and Research Services, said she did not have a copy of Conceptual Amendment 1. 3:07:25 PM REPRESENTATIVE GRUENBERG read Conceptual Amendment 1, as follows [original punctuation provided]: This section does not limit the authority of a municipality or village to maintain an action against a contractor, vendor or supplier providing services or goods to the municipality or village. REPRESENTATIVE GRUENBERG advised it would be a separate subsection. He then asked whether the term would be "municipality or village," or should it be left as it is with the instruction to make it right. He posited that Conceptual Amendment 1 is talking about an entity that can maintain suit and that types of villages were types of municipalities, but he was not certain. MS. SHUTTS responded that under AS 09.65.080, which read: An action may be maintained by an incorporated borough, city, or other public corporation of like character in its corporate name and upon a cause of action accruing to it in its corporate character ... MS. SHUTTS advised she was not sure whether that would go to his concern and whether that language would be used. REPRESENTATIVE GRUENBERG asked whether it was possible to say that they intend it to apply to any entity AS 09.65.0[8]0 applies, and that Legislative Legal and Research Services could use the correct drafting and coordinate with staff, Mr. Wheeler, and himself. CHAIR LEDOUX noted it was obviously the intent to do as Representative Gruenberg suggested, and he was asking Legislative Legal and Research Services to make it correct. 3:10:17 PM REPRESENTATIVE GRUENBERG agreed. MS. SHUTTS advised Representative Gruenberg she had not yet received a copy of Conceptual Amendment 1. 3:11:01 PM The committee took an at-ease from 3:11:01 to 3:12:38 p.m. 3:12:51 PM MR. SHILLING referred to [Sec.1, AS 09.65.083(a)(d)(2)], page 2, line 9, which read: (2) a nonprofit that provides services under contract or agreement with a municipality or village. MR. SHILLING said [(d)] defines a nonprofit fire department that includes a municipality or village. 3:13:36 PM REPRESENTATIVE GRUENBERG remarked he would like to leave the language up to the drafter. Secondly, he referred to the phrase "an action against a contractor, vendor, or supplier providing services or goods to the municipality or village," and opined that there may be a situation where a suit would be against an entity other than one of those entities. He said he would leave it up to the bill drafter if they preferred "to maintain an action under this section," or something. 3:14:39 PM MR. SHILLING agreed, and said that in the event it is something the legislative attorneys believe is appropriate, the sponsor would be good with it. REPRESENTATIVE GRUENBERG opined that if the suit was against the municipality which wasn't contracting, the suit against them could be maintained. He said he has no problem with the language because it deals with a totally different issue and that he wants the records to reflect this is another issue and is covered here. He noted that the title of the bill reads as follows: An Act relating to immunity for a fire department and employees or members of a fire department. REPRESENTATIVE GRUENBERG pointed out that the title of the section is "Civil liability of nonprofit and university fire departments." He opined that Conceptual Amendment 1 does not fall within that catch line so when Ms. Shutts processes the amendment that she may want to change the tag line, or put it in something separate. He noted that this deals with the government as a plaintiff rather than a defendant. 3:16:54 PM REPRESENTATIVE MILLETT withdrew her objection. 3:17:03 PM CHAIR LEDOUX advised there being no objection, Conceptual Amendment 1 was adopted. 3:17:58 PM REPRESENTATIVE MILLETT moved to report [HCS for CSSB 43, as amended,] out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 43(JUD) moved from the House Judiciary Standing Committee. 3:18:19 PM ADJOURNMENT There being no further business before the committee, the House Judiciary Standing Committee meeting was adjourned at 3:18 p.m.

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