Legislature(2003 - 2004)

2004-05-09 House Journal

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2004-05-09                     House Journal                      Page 4067
SB 338                                                                                            
The following was read the second time:                                                             
                                                                                                    
     CS FOR SENATE BILL NO. 338(STA)                                                                
     "An Act relating to actionable claims against state employees; and                             
     providing for an effective date."                                                              
                                                                                                    
with the:                                                    Journal Page                           
                                                                                                    
 JUD RPT 1DP 2NR 1AM                                                 4047                           
 FN1: ZERO(LAW)                                                      4048                           
                                                                                                    

2004-05-09                     House Journal                      Page 4068
Amendment No. 1 was offered  by Representatives Stepovich,                                           
Dahlstrom, Gara, Crawford, Berkowitz, Kott, Lynn, and Gruenberg:                                    
                                                                                                    
Page 1, following line 3:                                                                           
     Insert a new bill section to read:                                                             
"* Section 1.  The uncodified law of the State of Alaska is amended                               
by adding a new section to read:                                                                    
     PURPOSE.  The purpose of sec. 4 of this Act is to permit a civil                               
action by or on behalf of a member of the military services against an                              
employee of the state when the state is otherwise immune from the suit                              
under the doctrine of intramilitary immunity, and to require the state to                           
defend and indemnify the state employee if the state employee was                                   
acting within the scope of state employment but not as a member of                                  
the Alaska Militia."                                                                                
                                                                                                    
Page 1, line 4:                                                                                     
     Delete "Section 1"                                                                           
     Insert "Sec. 2"                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, following line 7:                                                                           
     Insert new bill sections to read:                                                              
"* Sec. 4.  AS 26.05.145(a) is amended to read:                                                   
         (a)  A civil action for damages may not be brought by or on                                
     behalf of a member of the military services against the state or                               
     against any [EMPLOYEE OF THE STATE OR ANY] member or                                           
     former member of the Alaska militia for wrongful death, personal                               
     injury, or other tort claim or injury arising out of activities that                           
     were incident to the member's military service.  However, if an                            
     action is brought by or on behalf of a member of the military                              
     services against an employee of the state for wrongful death,                              
     personal injury, or other tort claim or injury arising out of                              
     activities that were incident to the member's military service,                            
     the state shall defend and indemnify the state employee, if the                            
     action against the state employee is based on acts or omissions                            
     within the scope of the employee's state employment and the                                
     state employment was not as a member of the Alaska Militia."                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2004-05-09                     House Journal                      Page 4069
Representative Gara moved and asked unanimous consent that                                          
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative McGuire objected.                                                                    
                                                                                                    
Amendment to Amendment No. 1 was offered  by Representative                                          
Gara:                                                                                               
                                                                                                    
Page 2, line 2, following "the":                                                                
 Insert "United States"                                                                         
                                                                                                    
Representative Gara moved and asked unanimous consent that                                          
Amendment to Amendment No. 1 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 1 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSSB 338(STA)                                                                                       
Second Reading                                                                                      
Amendment No. 1 as amended                                                                          
                                                                                                    
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Fate, Gara,                                   
Gatto, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula,                                     
Kookesh, Kott, Lynn, Masek, Morgan, Moses, Ogg, Seaton,                                             
Stepovich, Stoltze, Weyhrauch, Williams                                                             
                                                                                                    
Nays:  Anderson, Chenault, Coghill, Foster, Harris, Heinze, Kohring,                                
McGuire, Meyer, Rokeberg, Samuels, Wilson, Wolf                                                     
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
And so, Amendment No. 1 as amended was adopted.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSSB 338(STA) am H be considered engrossed, advanced to third                                       
reading, and placed on final passage.  There being no objection, it was                             
so ordered.                                                                                         
                                                                                                    
CSSB 338(STA) am H was read the third time.                                                         

2004-05-09                     House Journal                      Page 4070
The question being:  "Shall CSSB 338(STA) am H pass the House?"                                     
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 338(STA) am H                                                                                  
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                   
                                                                                                    
Yeas:  Anderson, Chenault, Cissna, Coghill, Crawford, Croft,                                        
Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Harris, Hawker,                                    
Heinze, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek,                                     
McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton,                                      
Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf                                               
                                                                                                    
Excused:  Holm                                                                                      
                                                                                                    
Absent:  Berkowitz, Guttenberg, Joule                                                               
                                                                                                    
And so, CSSB 338(STA) am H passed the House.                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
                                                                                                    
CSSB 338(STA) am H was referred to the Chief Clerk for                                              
engrossment.