Legislature(1993 - 1994)
04/26/1994 01:40 PM Senate L&C
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE LABOR AND COMMERCE
April 26, 1994
1:40 P.M.
MEMBERS PRESENT
Senator Tim Kelly, Chairman
Senator Steve Rieger, Vice Chairman
Senator Bert Sharp
Senator Georgianna Lincoln
Senator Judith Salo
MEMBERS ABSENT
None
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 64
Relating to the projects of the Alaska Aerospace Development
Corporation for satellite ground stations and a rocket launch
facility.
HOUSE BILL NO. 365
"An Act extending the termination date of the Board of Barbers and
Hairdressers; and providing for an effective date."
CS FOR HOUSE BILL NO. 277(JUD)
"An Act relating to public employers defending and indemnifying
public employees and former public employees with respect to claims
arising out of conduct that is within the scope of employment."
HOUSE BILL NO. 468
"An Act extending the termination date of the Citizens' Review
Panel for Permanency Planning."
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am)
"An Act relating to the titles that describe the two principal
executive officers of electric and telephone cooperatives."
PREVIOUS ACTION
HJR 64 - No previous action to record.
HB 365 - No previous action to record.
HB 277 - See State Affairs minutes dated 4/13/94.
HB 468 - No previous action to record.
HB 497 - See State Affairs minutes dated 4/11/94.
WITNESS REGISTER
Bob Krogseng, Legislative Aide
c/o Representataive Jerry Sanders
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on HB 365.
Representative Jeanette James
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Supported HB 353.
Representative Brian Porter
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Supported HB 277.
ACTION NARRATIVE
TAPE 94-32, SIDE A
Number 001
CHAIRMAN KELLY called the Labor and Commerce meeting to order at
1:40 p.m. and announced HJR 64 (PROJECTS OF ALASKA AEROSPACE DEV.
CORP.) to be up for consideration. He noted there was a $0 fiscal
note.
SENATOR RIEGER moved to pass HJR 64 from committee with individual
recommendations. There were no objections and it was so ordered.
SENATOR KELLY announced HB 365 (EXTEND BOARD OF BARBERS &
HAIRDRESSERS) to be up for consideration.
BOB KROGSENG, Legislative Aide to Representative Jerry Sanders,
said the Board is presently operating in the one year extension
period.
SENATOR RIEGER moved to pass HB 365 from committee with individual
recommendations. There were no objections and it was so ordered.
SENATOR KELLY announced HB 353 (CONDOMINIUM ASSOCIATION MANAGEMENT) T)
to be up for consideration.
REPRESENTATIVE JEANETTE JAMES said this is a simple piece of
legislation. She said this would require condominiums built before
1/1/86 to have an annual audit. Other association can adopt by-
laws which will require an audit if they so choose.
SENATOR RIEGER moved to pass HB 353 from committee with individual
recommendations. There were no objections and it was so ordered.
Number 120
SENATOR KELLY announced HB 277 (INDEMNIFICATION OF PUBLIC
EMPLOYEES) to be up for consideration.
REPRESENTATIVE BRIAN PORTER said HB 277 provides codification for
state policy and for policy that exists in many other
municipalities. It provides indemnification for public employees
who, acting within the scope of their employment, omitted to
perform something or performed something negligently and were sued.
It will not indemnify an employee for gross negligence nor will it
provide indemnification for punitive damages.
He said HB 277 is supported by the Peace Officers Association, the
Chiefs Association, and the Municipality of Anchorage.
SENATOR RIEGER asked about the exemption if an employee has been
terminated. REPRESENTATIVE PORTER said the action of terminating
an employee to avoid the liability is covered in the bill,
specifically.
SENATOR RIEGER asked if he would object to that wording if it were
removed. REPRESENTATIVE PORTER said he wouldn't have a problem
with that.
SUSAN COX, Assistant Attorney General, said the State of Alaska has
waived its immunity from suit, except in limited circumstances.
This bill does not affect any injured parties' ability to sue or
collect damages. This pertains to the person who is being sued and
to their ability to have their employer defend them and pay the
damages if any are assessed against them.
SENATOR RIEGER wondered if this was a path to the deep pocket of
municipal governments that didn't exist before.
MS. COX said that the public employer is vicariously liable for the
acts of its employees anyway.
Number 296
SENATOR LINCOLN asked if part time employees would be covered by
this as well as all Boards and Commissions. MS. COX said the
definition is rather broad. It does specifically say that it
includes members of Boards and Commissions, although they do not
normally consider those employment arrangements.
SENATOR SHARP asked if there were situations where an employee does
not notify an employer of a problem caused by his actions and the
employer, therefore, would lose the defense through insurance from
failure to notify. MS. COX answered that there are requirements
within the bill that the employee has to provide notice of a claim
within a certain amount of time if he wants to receive defense.
SENATOR KELLY said they would set aside HB 277 and announced HB 468 8
FOSTER CARE REVIEW PANEL) to be up for consideration.
REPRESENTATIVE CYNTHIA TOOHEY, Sponsor, said last fall the Division
of Legislative Audit did an audit regarding the upcoming sunset
date of the Citizens' Review Panel for Permanency Planning. The
recommendation was to extend the sunset date to 1997. This bill
has the support of the Alaska Chapter of the National Association
of Social Workers, The Alaska Foster Parent Association, and the
National Association of Foster Parents Reviewers. There is a $0
fiscal note.
SENATOR RIEGER moved to pass HB 468 from committee with individual
recommendations. There were no objections and it was so ordered.
Number 450
SENATOR KELLY announced HB 497 (OFFICERS OF UTILITY COOPERATIVES)
to be up for consideration.
REPRESENTATIVE JOE GREEN said this bill simply adds to the names of
the officers of electric and telephone cooperatives. The current
situation with cooperatives says that the chief executive officer
is called the general manager by the REA and there are various
managers below that. The Board of Directors has a president, vice
president, secretary, and treasurer.
SENATOR SHARP asked if this bill allowed the president to be a non
elected member. REPRESENTATIVE GREEN answered yes.
Number 470
SENATOR LINCOLN pointed out an error in drafting in placement of
the word "or." REPRESENTATIVE GREEN agreed and said it was correct
on page 5.
SENATOR KELLY announced a recess from 2:20 p.m. - 2:21 p.m.
SENATOR LINCOLN offered a conceptual amendment saying "or" would be
after "president" and after "vice president." There were no
objections and it was adopted.
SENATOR RIEGER moved to pass HB 497 from committee with individual
recommendations. There were no objections and it was so ordered.
SENATOR KELLY adjourned the meeting at 2:22 p.m.
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