05/12/2007 01:00 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB151 | |
| HJR22 | |
| HB45 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 151 | TELECONFERENCED | |
| + | HJR 22 | TELECONFERENCED | |
| + | HB 45 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| HB 186 | |||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
May 12, 2007
01:12 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 151(JUD)
"An Act requiring an indemnification, defense, and hold harmless
provision in construction-related professional services
contracts of state agencies, quasi-public agencies,
municipalities, and political subdivisions."
MOVED CSHB 151(JUD) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS)
Denouncing the National Entertainment Collectibles Association's
production of the Rapist No. 1 collectible doll.
MOVED SCS CSHJR 22(STA) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 45(MLV)
"An Act authorizing the Department of Military and Veterans'
Affairs to establish and maintain Alaska veterans' cemeteries;
and establishing the Alaska veterans' cemetery fund in the
general fund."
MOVED CSHB 45(MLV) OUT OF COMMITTEE
HOUSE BILL NO. 186
"An Act relating to sharing with certain federal agencies
records required of sport fishing guides."
WAIVED OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 151
SHORT TITLE: INDEMNITY CLAUSE IN PUBLIC CONTRACTS
SPONSOR(S): REPRESENTATIVE(S) JOHNSON BY REQUEST
02/22/07 (H) READ THE FIRST TIME - REFERRALS
02/22/07 (H) STA, JUD
03/20/07 (H) STA AT 8:00 AM CAPITOL 106
03/20/07 (H) Heard & Held
03/20/07 (H) MINUTE(STA)
03/24/07 (H) STA AT 10:00 AM CAPITOL 106
03/24/07 (H) Moved CSHB 151(STA) Out of Committee
03/24/07 (H) MINUTE(STA)
03/26/07 (H) STA RPT CS(STA) NT 6DP
03/26/07 (H) DP: JOHANSEN, JOHNSON, COGHILL, DOLL,
GRUENBERG, LYNN
04/02/07 (H) JUD AT 1:00 PM CAPITOL 120
04/02/07 (H) Heard & Held
04/02/07 (H) MINUTE(JUD)
04/30/07 (H) JUD AT 1:00 PM CAPITOL 120
04/30/07 (H) Moved CSHB 151(JUD) Out of Committee
04/30/07 (H) MINUTE(JUD)
05/01/07 (H) JUD RPT CS(JUD) NT 3DP 4NR
05/01/07 (H) DP: GRUENBERG, LYNN, RAMRAS
05/01/07 (H) NR: COGHILL, DAHLSTROM, HOLMES, SAMUELS
05/09/07 (H) TRANSMITTED TO (S)
05/09/07 (H) VERSION: CSHB 151(JUD)
05/09/07 (S) READ THE FIRST TIME - REFERRALS
05/09/07 (S) STA, JUD
05/12/07 (S) STA AT 1:00 PM BELTZ 211
BILL: HJR 22
SHORT TITLE: DENOUNCE SALE OF "RAPIST" DOLL
SPONSOR(S): REPRESENTATIVE(S) FAIRCLOUGH
04/26/07 (H) READ THE FIRST TIME - REFERRALS
04/26/07 (H) STA
05/01/07 (H) STA RPT 7DP
05/01/07 (H) DP: JOHNSON, JOHANSEN, ROSES,
GRUENBERG, COGHILL, DOLL, LYNN
05/01/07 (H) STA AT 8:00 AM CAPITOL 106
05/01/07 (H) Moved Out of Committee
05/01/07 (H) MINUTE(STA)
05/07/07 (H) RLS AT 5:00 PM CAPITOL 106
05/07/07 (H) Moved CSHJR 22(RLS) Out of Committee
05/07/07 (H) MINUTE(RLS)
05/08/07 (H) RLS RPT CS(RLS) 4DP
05/08/07 (H) DP: FAIRCLOUGH, SAMUELS, JOHNSON,
COGHILL
05/08/07 (H) TRANSMITTED TO (S)
05/08/07 (H) VERSION: CSHJR 22(RLS)
05/09/07 (S) READ THE FIRST TIME - REFERRALS
05/09/07 (S) STA
05/12/07 (S) STA AT 1:00 PM BELTZ 211
BILL: HB 45
SHORT TITLE: STATE VETERANS' CEMETERY & FUND
SPONSOR(S): REPRESENTATIVE(S) GUTTENBERG, DOLL
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) MLV, STA, FIN
02/13/07 (H) MLV AT 1:00 PM CAPITOL 124
02/13/07 (H) Heard & Held
02/13/07 (H) MINUTE(MLV)
02/20/07 (H) MLV AT 1:00 PM CAPITOL 124
02/20/07 (H) -- Meeting Canceled --
02/22/07 (H) MLV AT 1:00 PM CAPITOL 124
02/22/07 (H) Moved CSHB 45(MLV) Out of Committee
02/22/07 (H) MINUTE(MLV)
02/26/07 (H) MLV RPT CS(MLV) 5DP
02/26/07 (H) DP: LEDOUX, KAWASAKI, RAMRAS, BUCH,
ROSES
04/03/07 (H) STA RPT CS(MLV) 6DP
04/03/07 (H) DP: JOHNSON, JOHANSEN, ROSES,
GRUENBERG, DOLL, LYNN
04/03/07 (H) STA AT 8:00 AM CAPITOL 106
04/03/07 (H) Moved CSHB 45(MLV) Out of Committee
04/03/07 (H) MINUTE(STA)
04/18/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/18/07 (H) <Bill Hearing Postponed to 4/20/07>
04/20/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/20/07 (H) Scheduled But Not Heard
04/23/07 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/23/07 (H) Moved CSHB 45(MLV) Out of Committee
04/23/07 (H) MINUTE(FIN)
04/24/07 (H) FIN RPT CS(MLV) 9DP
04/24/07 (H) DP: GARA, THOMAS, CRAWFORD, STOLTZE,
JOULE, KELLY, HAWKER, MEYER, CHENAULT
05/04/07 (H) TRANSMITTED TO (S)
05/04/07 (H) VERSION: CSHB 45(MLV)
05/07/07 (S) READ THE FIRST TIME - REFERRALS
05/07/07 (S) STA, FIN
05/12/07 (S) STA AT 1:00 PM BELTZ 211
WITNESS REGISTER
TREVOR FULTON, Staff
to Representative Craig Johnson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSHB 151(JUD).
DALE NELSON, Chair
Legislative Liaison Committee
Alaska Professional Design Council
Anchorage, Alaska
POSITION STATEMENT: Supports CSHB 151(JUD).
BRAD THOMPSON, Director
Division of Risk Management
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Supports CSHB 151(JUD).
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSHJR 22(RLS).
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented CSHB 45(MLV).
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 1:12:46 PM. Senators McGuire,
Green, and Stevens were present at the call to order. Senators
Bunde and French arrived soon thereafter.
CSHB 151(JUD) - INDEMNITY CLAUSE IN PUBLIC CONTRACTS
CHAIR MCGUIRE announced the consideration of HB 151. [Before the
committee was CSHB 151(JUD).]
1:13:21 PM
TREVOR FULTON, Staff, to Representative Craig Johnson bill
sponsor, introduced the bill to the committee. The bill would
require uniform indemnification and hold harmless provisions in
professional services contracts for all public agencies within
the State of Alaska. The bill would close a loophole in
contracts that has caused considerable problems for companies in
the design profession. The loophole allows public agencies to
write provisions allowing them to pass responsibility for
negligence onto the consultant company they are contracting
with. The bill language mirrors Department of Transportation and
Public Facilities (DOTPF) contract language that has been in use
for years. He said the majority of public agencies use the
language contained in the bill, but this would make it standard
statewide.
SENATOR STEVENS asked why the bill should be passed.
MR. FULTON replied that the bill would ensure fair business
practices between the public and private sector.
1:16:25 PM
DALE NELSON, Chair, Legislative Liaison Committee, Alaska
Professional Design Council, Anchorage, said the purpose of the
bill is to standardize indemnification requirements through all
public agencies in Alaska, making each party responsible for
their own liabilities, errors, and omissions.
1:19:37 PM
BRAD THOMPSON, Director, Division of Risk Management, Department
of Administration, Juneau, testified the reason to pass this
bill is because professional design engineers or architects
obtaining an errors and omissions (EO) policy have no
contractual liability protection within an insurance policy. DOT
contracts, from which the language in the bill was drawn, have
always contained comparative fault allocation in the indemnity
language. Some public entities go beyond the comparative fault
allocation in their contracts which creates an uninsurable risk
for the independent design professional. This legislation would
obligate all public agencies as defined in the bill, to use a
comparative fault allocation within their indemnity language
when they contract with an independent professional.
SENATOR STEVENS asked what happens if the bill does not pass.
MR. THOMPSON answered there are public agencies that have
entered stronger indemnity terms in contracts. An independent
professional signing such a document to obtain the work is
obligating themselves beyond their insurability. There is no
effect on the State of Alaska.
1:22:21 PM
SENATOR FRENCH said there is an impressive number of letters of
support. He asked who opposes the bill.
MR. FULTON answered that there was little opposition as the bill
made its way through house committee reviews and the few
disagreements that surfaced were resolved.
SENATOR FRENCH asked if there was opposition from labor groups.
MR. FULTON answered there was none that he knew of.
1:24:16 PM
CHAIR MCGUIRE closed public testimony on HB 151.
1:25:36 PM
SENATOR GREEN moved to report HB 151 from committee with
individual recommendations and accompanying zero fiscal note.
Hearing no objections, CSHB 151(JUD) moved from the Senate State
Affairs committee.
CSHJR 22(RLS) - DENOUNCE SALE OF "RAPIST" DOLL
1:26:02 PM
CHAIR MCGUIRE announced consideration of HJR 22. [Before the
committee was CSHJR 22(RLS).]
SENATOR GREEN moved to adopt the proposed Senate committee
substitute (SCS) to HJR 22, labeled 25-LS0891\C, Bullard, as the
working document of the committee. There being no objection,
Version C was before the committee.
REPRESENTATIVE ANNA FAIRCLOUGH, Alaska State Legislature, bill
sponsor, introduced the HJR 22 to the committee which denounces
the National Entertainment Collectibles Association production
and sale of the "Rapist No. 1" doll. She said rape is a serious
crime that destroys families and individuals and dehumanizes
victims. Becoming a rape victim is 2.2 times more likely in
Alaska than in other states and 25 percent more likely than the
average in the entire nation. She is not trying to ban the sale
of a product or limit free speech, but is asking Alaskans to
choose against purchasing this particularly inappropriate doll.
1:28:56 PM
CHAIR MCGUIRE said she personally appreciates this effort and
believes policy makers must be responsive to messages such as
this being communicated, especially in a state that has such a
considerable problem with rape. Free speech is important, but
there is a point in a child's life where parents need to pay
attention to the kind of toys available to their children.
CHAIR MCGUIRE closed public testimony on HJR 22.
1:30:35 PM
SENATOR GREEN moved to report, HJR 22, from committee with
individual recommendations and accompanying zero fiscal notes.
Hearing no objections, SCS CSHJR 22(STA) moved from the Senate
State Affairs Committee.
CSHB 45(MLV) - STATE VETERANS' CEMETERY & FUND
1:31:07 PM
CHAIR MCGUIRE announced consideration of HB 45. [Before the
committee was CSHB 45(MLV).]
REPRESENTATIVE DAVID GUTTENBERG, Alaska State Legislature, bill
co-sponsor, introduced HB 45 to the committee. This bill
establishes a process that allows any qualifying Alaskan
community to apply to the Veterans' Administration (VA) to build
a local national veterans' cemetery. Currently there are two
national cemeteries in the state, one on Fort Richardson and one
in Sitka. He said if a veteran is buried at either of those
locations it can be difficult for family members to visit if
they live far from the sites. All criteria in the bill follow VA
specifications for selection and construction. The VA pays for
construction of the cemetery and a burial allocation for each
interment. He said the bill simply sets up the process to allow
the state to apply and allow veterans to be buried close to
their homes and families.
1:33:26 PM
CHAIR MCGUIRE closed public testimony on HB 45.
SENATOR BUNDE asked if the bill would place a financial
obligation on the state.
REPRESENTATIVE GUTTENBERG answered construction costs would be
covered by the federal government. There could or would be a
maintenance cost, but the total cost is unknown without specific
location information.
SENATOR BUNDE asked if there would be any operating expenses.
REPRESENTATIVE GUTTENBERG answered yes; a ballpark operating
amount might be $80,000 per year. If the state applied and was
successful, the earliest a cemetery could be constructed is 2011
or 2012.
1:35:05 PM
CHAIR MCGUIRE noted this is an important issue to some veterans,
and the bill will go to Finance Committee for cost discussions.
SENATOR FRENCH moved to report CSHB 45(MLV) from committee with
individual recommendations and attached fiscal note. Hearing no
objections, the motion carried.
CHAIR MCGUIRE adjourned the meeting at 1:36:01 PM.
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