Legislature(2005 - 2006)BUTROVICH 205
04/18/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: Board of Governors of the Alaska Bar: Mr. Joseph N. Faulhaber | |
| Confirmation Hearing: Board of Governors of the Alaska Bar: Ms. Terry L. Thurbon | |
| SB154 | |
| SB86 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 134 | TELECONFERENCED | |
| + | SB 154 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 86 | ||
SB 86-STATE/MUNI LIABILITY FOR ATTORNEY FEES
10:20:41 AM
CHAIR RALPH SEEKINS announced SB 86 to be up for consideration.
SENATOR HOLLIS FRENCH asked Mr. Craig Tillery to explain to the
Senate Standing Judiciary Committee the current law regarding
what happens when a public interest litigant loses their case.
MR. CRAIG TILLERY, assistant attorney general, Department of Law
(DOL), divulged when a public interest litigant loses a case
they are not required to pay the attorney fees of the prevailing
party.
SENATOR FRENCH asked whether SB 86 changes that.
MR. TILLERY answered SB 86 is not intended to impact or affect
the situation where a public interest litigant loses a lawsuit.
SENATOR FRENCH asserted those changes are in HB 145, which is
currently tied up in court.
MR. TILLERY agreed.
10:23:06 AM
SENATOR GENE THERRIAULT asked Mr. Tillery to comment on
necessity of the findings section.
MR. TILLERY informed the findings and intent section is in SB 86
to make it clear that the Legislature is enacting the bill as a
matter of sovereign immunity.
10:25:16 AM
SENATOR FRENCH asked Mr. Tillery whether SB 86 would embody a
court rule change.
MR. TILLERY answered no.
SENATOR FRENCH clarified HB 145 was found contrary by the one
court who has reviewed it.
MR. TILLERY said SB 86 responds to that by taking into account
the views of the Alaska Superior Court.
10:26:30 AM
CHAIR SEEKINS asked Mr. Tillery whether there was a sovereign
immunity issue in HB 145.
MR. TILLERY said there was no sovereign immunity in HB 145. He
said SB 86 is entirely different from HB 145.
SENATOR THERRIAULT moved CSSB 86(CRA) from committee with
individual recommendations and attached fiscal note(s).
SENATOR FRENCH objected.
Roll call proved CSSB 86(CRA) passed from committee on a 3-2
vote with Senators French and Guess dissenting.
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