02/02/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS

                 SB   9-MILITARY FACILITY ZONES                                                                             
                                                                                                                                
CHAIR BISHOP announced the consideration of SB 9.                                                                               
                                                                                                                                
3:41:12 PM                                                                                                                    
CHAD   HUTCHISON,  staff   to   Senator  Coghill,   Alaska   State                                                              
Legislature, sponsor  or SB 9, said  the Department of  Military &                                                              
Veterans  Affairs  (DMVA)  proposed  an  amendment to  SB  9.  The                                                              
sponsor  coordinated  with the  interested  parties  and found  no                                                              
opposition.                                                                                                                     
                                                                                                                                
3:41:31 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:41:41 PM                                                                                                                    
SENATOR MACKINNON moved to adopt Amendment 1.                                                                                   
                                                 30-LS0183\A.2                                                                  
                                                        Shutts                                                                  
                                                        2/1/17                                                                  
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  SB 9                                                                                                             
                                                                                                                                
     Page 2, following line 25:                                                                                                 
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. AS 26.30.020 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  In considering the factors under (c) of this                                                                     
     section,  the  Department   of  Military  and  Veterans'                                                                   
     Affairs  may  rely  on the  information  provided  by  a                                                                   
     municipality  and  may  not  be held  liable  for  civil                                                                   
        damages resulting from a military facility zone                                                                         
     designation that is based on inaccurate or incomplete                                                                      
     information provided by a municipality."                                                                                   
                                                                                                                                
CHAIR BISHOP objected for an explanation.                                                                                       
                                                                                                                                
MR.  HUTCHISON  said   this  language  adds  a   second  layer  of                                                              
protection  against  civil liability  for  the  DMVA if  there  is                                                              
incomplete or  incorrect information  provided in the  application                                                              
as they  make these military  facility zone designations.  He said                                                              
that the  state and  the department both  already enjoy  a certain                                                              
degree of civil  liability [protection] right now  under sovereign                                                              
immunity,  which  occurs  whenever   there  is  any  discretionary                                                              
decision made by a state department.                                                                                            
                                                                                                                                
3:43:42 PM                                                                                                                    
SENATOR GARDNER said  she didn't have a good idea  about what kind                                                              
of damages might  occur, but she had reached out  to the municipal                                                              
attorney  in the  City of  Anchorage and  he had  no problem  with                                                              
this amendment, nor did she.                                                                                                    
                                                                                                                                
CHAIR BISHOP removed his objected.                                                                                              
                                                                                                                                
SENATOR  MACKINNON  moved  to  report   SB  9,  as  amended,  from                                                              
committee  with  individual  recommendations   and  attached  zero                                                              
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR BISHOP  found no objection,  and CSSB 9(CRA) moved  from the                                                              
Senate Community and Regional Affairs Standing Committee.