Legislature(2015 - 2016)CAPITOL 120
04/16/2015 01:00 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB30 | |
| SB43 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 43 | TELECONFERENCED | |
| += | SB 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 43-IMMUNITY FOR FIRE DEPT. & MEMBERS
3:03:29 PM
CHAIR LEDOUX announced that the final order of business would be
SENATE BILL NO. 43, "An Act relating to immunity for a fire
department and employees or members of a fire department."
3:04:07 PM
REPRESENTATIVE LYNN moved to adopt HCS for CSSB 43, Version [29-
LS0325\I], Shutts, 4/14/15, as the working document. There
being no objection, Version I was before the House Judiciary
Standing Committee.
3:04:41 PM
JORDAN SHILLING, Staff, Senator John Coghill, said the prior
version applied immunity too broadly, and this version includes
professional municipally operated firemen. He opined the change
was for the contract departments that serve the Municipality of
Anchorage and the Fairbanks North Star Borough. He explained
that the change is rather than apply the immunity to both the
contract department and municipally operated department, this
committee substitute reads that there would be immunity to the
contract departments, which would be university fire departments
and non-profit fire departments.
3:06:15 PM
CHAIR LEDOUX opened public testimony and after ascertaining no
one wished to testify closed public testimony.
3:06:33 PM
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 1
for discussion.
REPRESENTATIVE MILLETT objected.
3:06:59 PM
SUZI SHUTTS, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, said she did not have a copy of
Conceptual Amendment 1.
3:07:25 PM
REPRESENTATIVE GRUENBERG read Conceptual Amendment 1, as follows
[original punctuation provided]:
This section does not limit the authority of a
municipality or village to maintain an action against
a contractor, vendor or supplier providing services or
goods to the municipality or village.
REPRESENTATIVE GRUENBERG advised it would be a separate
subsection. He then asked whether the term would be
"municipality or village," or should it be left as it is with
the instruction to make it right. He posited that Conceptual
Amendment 1 is talking about an entity that can maintain suit
and that types of villages were types of municipalities, but he
was not certain.
MS. SHUTTS responded that under AS 09.65.080, which read:
An action may be maintained by an incorporated
borough, city, or other public corporation of like
character in its corporate name and upon a cause of
action accruing to it in its corporate character ...
MS. SHUTTS advised she was not sure whether that would go to his
concern and whether that language would be used.
REPRESENTATIVE GRUENBERG asked whether it was possible to say
that they intend it to apply to any entity AS 09.65.0[8]0
applies, and that Legislative Legal and Research Services could
use the correct drafting and coordinate with staff, Mr. Wheeler,
and himself.
CHAIR LEDOUX noted it was obviously the intent to do as
Representative Gruenberg suggested, and he was asking
Legislative Legal and Research Services to make it correct.
3:10:17 PM
REPRESENTATIVE GRUENBERG agreed.
MS. SHUTTS advised Representative Gruenberg she had not yet
received a copy of Conceptual Amendment 1.
3:11:01 PM
The committee took an at-ease from 3:11:01 to 3:12:38 p.m.
3:12:51 PM
MR. SHILLING referred to [Sec.1, AS 09.65.083(a)(d)(2)], page 2,
line 9, which read:
(2) a nonprofit that provides services under contract
or agreement with a municipality or village.
MR. SHILLING said [(d)] defines a nonprofit fire department that
includes a municipality or village.
3:13:36 PM
REPRESENTATIVE GRUENBERG remarked he would like to leave the
language up to the drafter. Secondly, he referred to the phrase
"an action against a contractor, vendor, or supplier providing
services or goods to the municipality or village," and opined
that there may be a situation where a suit would be against an
entity other than one of those entities. He said he would leave
it up to the bill drafter if they preferred "to maintain an
action under this section," or something.
3:14:39 PM
MR. SHILLING agreed, and said that in the event it is something
the legislative attorneys believe is appropriate, the sponsor
would be good with it.
REPRESENTATIVE GRUENBERG opined that if the suit was against the
municipality which wasn't contracting, the suit against them
could be maintained. He said he has no problem with the
language because it deals with a totally different issue and
that he wants the records to reflect this is another issue and
is covered here. He noted that the title of the bill reads as
follows:
An Act relating to immunity for a fire department and
employees or members of a fire department.
REPRESENTATIVE GRUENBERG pointed out that the title of the
section is "Civil liability of nonprofit and university fire
departments." He opined that Conceptual Amendment 1 does not
fall within that catch line so when Ms. Shutts processes the
amendment that she may want to change the tag line, or put it in
something separate. He noted that this deals with the
government as a plaintiff rather than a defendant.
3:16:54 PM
REPRESENTATIVE MILLETT withdrew her objection.
3:17:03 PM
CHAIR LEDOUX advised there being no objection, Conceptual
Amendment 1 was adopted.
3:17:58 PM
REPRESENTATIVE MILLETT moved to report [HCS for CSSB 43, as
amended,] out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 43(JUD) moved from the House Judiciary Standing Committee.
3:18:19 PM
| Document Name | Date/Time | Subjects |
|---|