Legislature(1997 - 1998)
02/17/1997 09:04 AM House CRA
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE February 17, 1997 9:04 a.m. MEMBERS PRESENT Representative Ivan Ivan, Chairman Representative Fred Dyson Representative Scott Ogan Representative Jerry Sanders Representative Al Kookesh MEMBERS ABSENT Representative Joe Ryan Representative Reggie Joule COMMITTEE CALENDAR HOUSE BILL NO. 94 "An Act relating to confidentiality of certain municipal tax records." - MOVED CSHB 94(CRA) OUT OF COMMITTEE (* First public hearing) PREVIOUS ACTION BILL: HB 94 SHORT TITLE: MUNICIPAL TAX RECORDS SPONSOR(S): REPRESENTATIVE(S) GREEN,Kelly JRN-DATE JRN-PG ACTION 01/29/97 168 (H) READ THE FIRST TIME - REFERRAL(S) 01/29/97 168 (H) CRA, FINANCE 02/12/97 (H) CRA AT 8:00 AM CAPITOL 124 02/14/97 362 (H) COSPONSOR(S): KELLY 02/17/97 (H) CRA AT 9:00 AM CAPITOL 124 WITNESS REGISTER JEFF LOGAN, Legislative Assistant to Representative Joe Green Alaska State Legislature Capitol Building, Room 118 Juneau, Alaska 99801 Telephone: (907) 465-4931 POSITION STATEMENT: Testified on HB 94 ACTION NARRATIVE TAPE 97-10, SIDE A Number 020 CHAIRMAN IVAN IVAN called the House Community and Regional Affairs Standing Committee meeting to order at 9:04. Members present at the call to order were Representatives Dyson, Ogan, Sanders and Kookesh. Members absent were Representatives Ryan and Joule. HB 94 - MUNICIPAL TAX RECORDS CHAIRMAN IVAN indicated the committee would hear HB 94, "An Act relating to confidentiality of certain municipal tax records." He noted at the last hearing on the bill, they adopted an amendment to Amendment 1. The committee did not take any action on this amendment. Between the time of this previous hearing and today, Representative Green's staff worked with Legislative Legal Services on an amendment to satisfy the Community and Regional Affairs Committee's objectives. Number 130 REPRESENTATIVE JERRY SANDERS made a motion to withdraw Amendment 1, as amended, which was introduced at the previous hearing. Hearing no objection, it was so ordered. Number 180 REPRESENTATIVE SANDERS made a motion to adopt Amendment 2, LS0419\A.2, dated 2/14/97, as outlined below: Page 2, lines 8 - 9: Delete all material. Insert: "the person may have, the person may recover from the municipality liquidated damages in the amount of $1,000 or actual damages resulting from the disclosure, whichever is greater. The person may recover liquidated damages under this subsection even if the person does not request actual damages or does not offer evidence of the amount of actual damages." Hearing no objection, Amendment 2 was adopted. Number 220 JEFF LOGAN, Legislative Assistant to Representative Joe Green, Alaska State Legislature, came forward to testify on HB 94. He noted that the amendment had three points which he wished to outline. The last two lines, 8 and 9, on page 2 of the previous section, was taken out and new language was inserted. The new language on line 3 of the amendment, the phrase, "from the municipality" was inserted in response to a concern expressed by Representative Ogan. The language which said that the party harmed can recover from the official or employee was removed and changed to language that says a party may recover from the municipality instead. MR. LOGAN clarified for the committee, and for the record, a point that he made at the last meeting in response to this same concern by Representative Ogan. This was the statement Mr. Logan made about state employee's being indemnified from this type of action. In fact, this is true; however, it is not a statutory indemnification. It is the policy of the Division of Risk Management that state employees against whom an action is brought in court will be defended by the state, and if a judgment is entered against this employee the state will also cover the cost associated with any type of an award. This is a policy rather than a codified point of law. It is based on a well defined tort doctrine known as respondeat superior, which means that the superior will respond. Number 420 MR. LOGAN noted that the second change was on line 4 of the amendment where they raised the amount of the liquidated damages award to $1,000 from $500. Finally, they made changes in the last sentence of the amendment to read, "the person may recover liquidated damages under this subsection," even if the person does not request actual damages or does not offer evidence as to the amount of actual damages. In any event, the $1,000 would be what they would get. There is no cap on this amount. Number 513 REPRESENTATIVE SCOTT OGAN moved and asked unanimous consent to move CSHB 94 (CRA), as amended, out of committee with individual recommendations and accompanying zero fiscal note. Hearing no objection, CSHB 94 (CRA) was moved out of the House Community and Regional Affairs Committee. ADJOURNMENT Number 525 CHAIRMAN IVAN adjourned the meeting at 9:11 a.m.