Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/16/2016 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB147 | |
| HB308 | |
| HB317 | |
| HB126 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 147 | TELECONFERENCED | |
| += | HB 308 | TELECONFERENCED | |
| + | HB 317 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
9:44:35 AM
CHAIR MCGUIRE announced the consideration of HB 308 am. She
noted this is the second hearing and there is a proposed Senate
committee substitute.
9:44:49 AM
SENATOR COGHILL moved to adopt the Senate CS for HB 308, labeled
29-LS1323\H, as the working document.
CHAIR MCGUIRE found no objection and stated that version H is
before the committee. She stated her intention to move the bill
and listed the individuals available to answer questions.
9:45:33 AM
LINDSEY WITT, Staff, Representative Charisse Millett, Alaska
State Legislature, stated that the part of HB 308 she is most
familiar with provides civil immunity to volunteers who are
trained car seat technicians, instructors, and individuals that
arrange child car seat checkup events. She noted the bill was
amended in the other body to lower the booster seat age to 4
rather than 5.
9:47:07 AM
SENATOR WIELECHOWSKI asked if there is opposition to the bill.
MS. WITT answered absolutely none so far.
CHAIR MCGUIRE asked Mr. Logan to explain the amendment from her
office.
9:47:22 AM
JESSEE LOGAN, Staff, Senator Lesil McGuire, Alaska State
Legislature, reviewed the changes in the Senate CS for HB 308.
He described the changes as fairly simply; a few sections are
added, a few sections are renumbered, and there is a title
change. He spoke to the following document titled "SCS for HB
308(JUD) Summary of Changes version A.A to version H:"
Title Change
Page 1, Line 1
Following "An Act relating to"
Insert: "to compensation of attorneys in actions
against the state;
Page 1, Line 4-5
Following "motor vehicles;"
Insert "and amending Rule 35, Alaska Bar Rules"
Section 1. AS 09.19.300
Page 1, Lines 7-11
New Section
Chapter 19 pertains only to prisoner and
correctional facility litigation against the state.
This section inserts language regarding compensation
of attorneys in actions against the state. Under this
new section a plaintiff's attorney may not enter into
a contract for payment of fees based on contingency
fee in excess of 25% of damages awarded.
Section 2 AS 09.65.094
Page 1, Line 12 thru Page 2, Line 31
Renumbered from Section 1.
Section 3 AS 28.05.095(b)
Page 3, Lines 1-25
Renumbered from Section 2.
Section 4
Page 3, Lines 26-31
Indirect Court Rule Amendment
Section 1, regarding attorney contingency fees
has the effect of changing Rule 35, Alaska Bar Rules
by established a rule governing the amount of fees
that an attorney may receive in an action against the
state under AS 09.19
Section 5
Page 4, Lines 1-8
Applicability
(a) Provisions in Section 1 of this act apply to
contracts for legal services entered into on
or after the effective date of this Act.
Section 6
Page 4, Lines 11-13
Conditional Effect
Section 1 of this act only takes effect if
Section 4 of this Act receives a two-thirds majority
vote in each house as required by art IV, sec 15, of
the Alaska State Constitution.
MR. LOGAN explained that the Department of Corrections (DOC)
report of December 2015 was condemning of some practices in some
facilities and the worry was that predatory attorneys would
paint a target on the state. Moreover, it is a victim's rights
motion. It ensures that an incarcerated person who is injured by
the state can be made whole through a lawsuit, and the lawyer
representing the individual cannot take 50 percent to 60 percent
of the award. The remainder of the technical changes appear in
Sections 5 and 6; changing an Alaska Bar Rule requires a two-
thirds majority vote.
CHAIR MCGUIRE added that the amendment embodied in the Senate
committee substitute is to the specific area of statute that
governs lawsuits against corrections. It adds to the existing
section that places caps on damages. The caps were put in place
initially in recognition that there would be a lot of litigation
in this area and that the state shouldn't be overly exposed to
liability.
Specifically, version H caps attorney's fees at 25 percent. She
noted that attorneys practicing in this area currently are
taking 50 percent to 60 percent of an award. She clarified that
this is a very narrow part of the statute that already was an
area deemed to be a state interest. She opined that this doesn't
materially change the original bill. She asked Ms. Witt if she
would like to hear from any of the four people online and
members if they were comfortable with the changes.
9:52:14 AM
SENATOR WIELECHOWSKI objected. He stated that HB 308 is a child
car seat bill and the amendment adds a significant change
relating to attorney's fees. He said the measure doesn't belong
in the bill, there's been no testimony on it, and it's not
germane. Respectfully, it's inappropriate and doesn't belong in
the bill, he said. He restated his objection.
9:52:40 AM
SENATOR COGHILL asked if 25 percent is a standard cap.
CHAIR MCGUIRE replied most states do regulate in the area of
contingency fees and Alaska said it has a compelling interest in
limiting liability in this area. Therefore, a person is entitled
to less money in a wrongful death in a DOC facility.
SENATOR COGHILL said he would support the change.
CHAIR MCGUIRE shared that she participated in "a march toward
uncovering the wrongs in corrections" and Senator Coghill warned
about exposing the state to millions of dollars of liability in
lawsuits. Her choice was to believe that wouldn't be the case,
but it turns out that attorneys are filing in every case and
it's plaguing DOC. There is already a limit on the cap and the
intent of the amendment is to make it clear that attorneys that
take these cases will only receive 25 percent of the award.
9:56:52 AM
SENATOR WIELECHOWSKI said this major policy change added to a
car seat bill makes the entire bill very controversial. He
pointed out that there would have been a lot of interest if the
bill had been noticed and people were aware that this is being
added. At the very least, the bill ought to be held open for
public testimony, but the better option is to debate the issue
in a separate bill.
9:58:42 AM
CHAIR MCGUIRE said she would set HB 308 aside, recess to a call
of chair, and bring it up again when there is time to satisfy
Senator Wielechowski's concerns.
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