Legislature(1997 - 1998)

02/17/1997 09:04 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= 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                  
      - 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               
 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.                                                   
 Number 525                                                                    
 CHAIRMAN IVAN adjourned the meeting at 9:11 a.m.                              

Document Name Date/Time Subjects