02/11/1997 12:01 PM House JUD

               HOUSE JUDICIARY STANDING COMMITTEE                              
                       February 11, 1997                                       
                           12:01 P.M.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Chairman                                            
 Representative Brian Porter                                                   
 Representative Ethan Berkowitz                                                
 Representative Eric Croft                                                     
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Con Bunde, Vice Chairman                                       
 Representative Jeannette James                                                
 Representative Norman Rokeberg                                                
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 120                                                            
 "An Act relating to the power of the attorney general to waive                
 immunity from suit in federal court; and providing for an effective           
 date."                                                                        
                                                                               
      - MOVED CSHB 120(JUD) OUT OF COMMITTEE                                   
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL: HB 120                                                                
 SHORT TITLE: STATE IMMUNITY FROM SUIT IN FED COURT                            
 SPONSOR(S): REPRESENTATIVE(S) HUDSON,Green                                    
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 02/07/97       265    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/07/97       265    (H)   JUDICIARY                                         
 02/07/97       276    (H)   JUD WAIVED PUBLIC HEARING NOTICE,                 
                             RULE 23                                           
 02/10/97              (H)   JUD AT  1:00 PM CAPITOL 120                       
 02/10/97              (H)   MINUTE(JUD)                                       
 02/11/97              (H)   JUD AT 12:00 PM CAPITOL 120                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 No witnesses testified                                                        
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-14, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN JOE GREEN called the House Judiciary Standing Committee              
 meeting to order at 12:01 p.m.  Members present at the call to                
 order were Representatives Green, Porter, Croft and Berkowitz.                
 Members absent were Representatives Bunde, Rokeberg and James.  A             
 quorum was present.                                                           
 HB 120 - STATE IMMUNITY FROM SUIT IN FED COURT                              
                                                                               
 CHAIRMAN GREEN announced that the only item on the agenda was the             
 continuation of HB 120, "An Act relating to the power of the                  
 attorney general to waive immunity from suit in federal court; and            
 providing for an effective date."  He said a proposed committee               
 substitute was available.                                                     
                                                                               
 REPRESENTATIVE BRIAN PORTER said the sponsor of HB 120 is in                  
 majority caucus.  He said the proposed committee substitute for HB
 incorporates the clarifying language of the last line, "The               
 expiration on January 1, 1999, of the attorney general's authority            
 to waive the state's Eleventh Amendment immunity does not affect              
 existing waivers in ongoing cases."  He said the proposed committee           
 substitute addresses the amendment discussed at the February 10,              
 1997, committee meeting which expanded the waiver ability of the              
 attorney general to include cases where the state seeks to allocate           
 fault to the federal government or a federal employee under AS                
 9.17.080.  He said the proposed committee substitute seems to                 
 incorporate everything that the committee had in mind.  He moved to           
 adopt the proposed committee substitute, version B, to HB 120.                
 Hearing no objection, CSHB 120(JUD) was before the House Judiciary            
 Standing Committee.                                                           
                                                                               
 REPRESENTATIVE PORTER made a motion to move CSHB 120(JUD) out of              
 committee with individual recommendations and accompanying fiscal             
 note.  Hearing none CSHB 120(JUD) was moved from the House                    
 Judiciary Standing Committee.                                                 
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN GREEN                    
 adjourned the meeting of the House Judiciary Standing Committee at            
 12:05 p.m.