Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/05/2015 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| SB43 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 19 | TELECONFERENCED | |
| += | SB 45 | TELECONFERENCED | |
| += | SB 43 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 43-IMMUNITY FOR FIRE DEPT. & MEMBERS
3:38:40 PM
CHAIR BISHOP announced the consideration of SB 43.
3:38:49 PM
At ease from 3:38 to 3:41 p.m.
3:41:07 PM
SENATOR MACKINNON moved to adopt CSSB 43 (CRA), labeled 29-
LS0325\H, as the working document.
CHAIR BISHOP objected for discussion purposes.
3:41:40 PM
JORDAN SHILLING, staff to Senator Coghill, Alaska State
Legislature, Juneau, Alaska, explained that the original SB 43
extends total immunity to contract fire departments and
municipal fire departments and their members. But staff
suggested there ought to be an exception, because some actions
by fire departments could be intentionally wrong or done with
extreme disregard and should not be protected. Legislative Legal
Service suggested copying language in another statute dealing
with Emergency Medical Services (EMS) immunity from 911 systems.
It makes an exception for intentional acts of misconduct and
gross negligence. This language can be found in the committee
substitute (CS) on page 1, line 11.
The second change is in section 2 on page 2 that conforms to say
the exceptions made in subsection (c) do not apply to the
immunities found in subsection (d).
3:43:15 PM
CHAIR BISHOP removed his objection and version H was before the
committee.
3:43:26 PM
SENATOR MACKINNON said she appreciated incorporating the
exception and that all of the fire fighters she knows would not
intentionally harm another person, but this is just to protect
all sides of the issue: a home owner or some possible
interpretation that there was misconduct or gross negligence.
3:44:34 PM
MITCH FLYNN, Chief, Steese Volunteer Fire Department, Fairbanks,
Alaska, supported the CS to SB 43. It reduces liability and
exposure to the fire department and its members and ultimately
the taxpayer that may end up having to pay out on a claim. It
helps reduce insurance premiums, because exposure is reduced. He
said he highly supported the new CS.
3:45:40 PM
DOUG SCHRAGE, Chief, University of Alaska Fairbanks (UAF) Fire
Department, Fairbanks, Alaska, supported SB 43. He is a current
board member and past president of the Alaska Fire Chief's
Association which represents fire and emergency service leaders
throughout the State of Alaska. He said the UAF fire department
is student-based and provides fire protection to the North Star
Borough on a contractual basis. As such, they are not a
municipal fire department and would benefit from the immunity
that this bill affords. He said they are staffed and equipped to
handle one incident at a time and any concern over liability
could be a factor in the future of their program.
DAVID NEBERT, Chair, Steese Volunteer Fire Department,
Fairbanks, Alaska, thanked Senator Coghill for SB 43, but noted
a problem with H version. He asked why lines 5-8 in section 1
are repeated in lines 8-11.
3:48:58 PM
At ease from 3:48 to 3:51 p.m.
3:51:05 PM
SENATOR MACKINNON explained that the sentences appear to be
identical, but the first sentence refers to an employee or a
member of the fire department and the second sentence on lines
8-11 refer to an action against the fire department, itself. She
asked Suzan Shutts, Legislative Legal, if "unless the action
alleges intentional misconduct or gross negligence" should be
included on line 8 after the words "of a fire department."
3:52:14 PM
SUSAN SHUTTS, Attorney, Legislative Legal Services, Legislative
Affairs Agency, Alaska State Legislature, Juneau, Alaska
answered that would be a policy decision. As currently drafted,
two sentences are drafted there instead of just the first
sentence that states the fire department as well as employee and
the "intentional misconduct or gross negligence" exception in
the second sentence only applies to a suit against a fire
department. So, if an intentional misconduct or gross negligence
suit were desired to be permitted against an employee, that
would need to be added to the first sentence.
MR. SHILLING said he thought Senator Coghill would find that
change appropriate.
3:53:05 PM
At ease from 3:53:05 to 3:53:43 p.m.
3:53:43 PM
CHAIR BISHOP invited Mr. Nebert to conclude his testimony.
MR. NEBERT said the wording is a bit clumsy but he saw the
distinction. He noted his support, because basically it protects
those who protect us and it costs nothing.
CHAIR BISHOP, finding no other comments, closed public
testimony.
3:54:45 PM
At ease from 3:54 to 3:56 p.m.
3:56:07 PM
JILL DOLAN, Attorney, Fairbanks North Star Borough, Fairbanks,
Alaska, suggested leaving the full immunity in for employees or
members of fire departments, because it is an existing immunity
in law for municipal employees. This would just extend it to the
contracted fire departments with the municipalities. They would
not want to impact that and have personal liability on their
part. Of course, if there was still an act of intentional
misconduct or gross negligence by them that could be imputed to
the fire department and a suit could be brought against the fire
department as drafted. She suggested not putting that additional
language at the end of line 8.
SENATOR MACKINNON asked her if a fire fighter intentionally had
misconduct or gross negligence is immune right now.
MS. DOLAN answered that they are immune from personal liability;
the fire department could still be liable for their conduct if
they are in the course and scope of their employment.
3:57:50 PM
At ease from 3:57 to 3:58 p.m.
3:58:20 PM
SENATOR MACKINNON moved to report CSSB 43(CRA), version 29-
LS0325\H, from committee with individual recommendations and
attached zero fiscal note. There were no objections and it was
so ordered.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 19 - Example of the Problem.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |
| SB 19 - Sponsor Statement 2 23 2015.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |
| SB 19 - Version A.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |
| SB 43 Letter of Support.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 43 |
| SB 19 Explanation.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |
| SB 19 - Fiscal Note.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |
| CSSB 43 version H.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 43 |
| SB 19 CRA CS Version W.pdf |
SCRA 3/5/2015 3:30:00 PM |
SB 19 |