03/18/2004 03:31 PM Senate STA

             SB 338-CLAIMS AGAINST STATE EMPLOYEES                                                                          
                                                                                                                                
CHAIR GARY  STEVENS announced SB  338 to be up  for consideration                                                               
and noted that amendment 1 was  passed at the last hearing and he                                                               
would like a motion to adopt amendment 2.                                                                                       
                                                                                                                                
SENATOR COWDERY made  a motion to adopt amendment  2. There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
                                                             23G-2                                                              
                                                          10/7/2004                                                             
                                                          (2:31 PM)                                                             
                                                                                                                              
                                                                                                                                
                      A M E N D M E N T  2                                                                                  
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE STATE             BY _____________________                                                                
                                                                                                                                
       AFFAIRS COMMITTEE                                                                                                        
                                                                                                                                
     TO:  Proposed CS for SB 338   (23-LS         )                                                                             
                                                                                                                              
                                                                                                                                
Add the following new subsection to proposed AS 09.50.253                                                                       
                                                                                                                                
(Actionable claims against state employees):                                                                                  
                                                                                                                                
          "(  )  The provisions of this section are in addition                                                                 
                                                                                                                                
     to and do not supersede a term in a state employee                                                                         
                                                                                                                                
     collective bargaining agreement addressing legal defense                                                                   
                                                                                                                                
     and indemnity."                                                                                                            
                                                                                                                                
                                                                                                                                
CHAIR  GARY   STEVENS  asked  Ms.   Voitlander  to   explain  the                                                               
amendment.                                                                                                                      
                                                                                                                                
GAIL  VOITLANDER,  Department  of   Law,  recapped  that  at  the                                                               
previous hearing  PSEA (Public Safety Employees  Association) was                                                               
concerned  about   the  implications  on   collective  bargaining                                                               
related to  defense and indemnity  issues. Amendment  2 addresses                                                               
those concerns and makes it  clear that the certification process                                                               
for  the attorney  general to  convert  a claim  against a  state                                                               
employee  to a  claim  against the  state is  in  addition to  an                                                               
employee's right to defense and indemnity  that is set forth in a                                                               
collective  bargaining   agreement.  She  understood   that  PSEA                                                               
concurs with the amendment.                                                                                                     
                                                                                                                                
CHAIR GARY STEVENS  asked whether anyone from  PSEA was available                                                               
to speak to the issue and no one spoke up.                                                                                      
                                                                                                                                
There were no further comments or questions.                                                                                    
                                                                                                                                
SENATOR BERT  STEDMAN made  a motion to  move CSSB  338(STA) from                                                               
committee  with  attached  zero   fiscal  note.  There  being  no                                                               
objection, it was so ordered.