Legislature(1993 - 1994)

04/26/1994 01:40 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   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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