Legislature(2021 - 2022)GRUENBERG 120
05/17/2021 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB122 | |
| SB65 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 122 | TELECONFERENCED | |
| += | SB 65 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 17, 2021
1:36 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 122
"An Act relating to the definition of 'victim.'"
- MOVED HCS SB 122(JUD) OUT OF COMMITTEE
CS FOR SENATE BILL NO. 65(JUD)
"An Act relating to immunity for consulting physicians,
podiatrists, osteopaths, advanced practice registered nurses,
physician assistants, chiropractors, dentists, optometrists, and
pharmacists."
- MOVED HCS CSSB 65(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 122
SHORT TITLE: VICTIM DEFINITION
SPONSOR(s): SENATOR(s) REINBOLD
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) JUD
04/14/21 (S) JUD AT 1:30 PM BUTROVICH 205
04/14/21 (S) Heard & Held
04/14/21 (S) MINUTE(JUD)
04/19/21 (S) JUD AT 1:30 PM BUTROVICH 205
04/19/21 (S) Scheduled but Not Heard
04/21/21 (S) JUD AT 1:30 PM BUTROVICH 205
04/21/21 (S) Heard & Held
04/21/21 (S) MINUTE(JUD)
04/23/21 (S) JUD AT 1:30 PM BUTROVICH 205
04/23/21 (S) <Bill Hearing Canceled>
04/26/21 (S) JUD AT 1:30 PM BUTROVICH 205
04/26/21 (S) Moved SB 122 Out of Committee
04/26/21 (S) MINUTE(JUD)
04/28/21 (S) JUD RPT 5DP
04/28/21 (S) DP: HOLLAND, MYERS, HUGHES, SHOWER,
KIEHL
05/05/21 (S) TRANSMITTED TO (H)
05/05/21 (S) VERSION: SB 122
05/06/21 (H) READ THE FIRST TIME - REFERRALS
05/06/21 (H) JUD
05/10/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/10/21 (H) -- MEETING CANCELED --
05/12/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/12/21 (H) Heard & Held
05/12/21 (H) MINUTE(JUD)
05/14/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/14/21 (H) Heard & Held
05/14/21 (H) MINUTE(JUD)
05/15/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/15/21 (H) -- MEETING CANCELED --
05/17/21 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: SB 65
SHORT TITLE: LIABILITY CONSULTING HEALTH CARE PROVIDER
SPONSOR(s): SENATOR(s) KIEHL
02/03/21 (S) READ THE FIRST TIME - REFERRALS
02/03/21 (S) HSS, JUD
02/16/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/16/21 (S) Heard & Held
02/16/21 (S) MINUTE(HSS)
02/18/21 (S) HSS AT 1:30 PM BUTROVICH 205
02/18/21 (S) Moved CSSB 65(HSS) Out of Committee
02/18/21 (S) MINUTE(HSS)
02/19/21 (S) HSS RPT CS 3DP 1NR NEW TITLE
02/19/21 (S) DP: WILSON, BEGICH, HUGHES
02/19/21 (S) NR: REINBOLD
03/05/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/05/21 (S) -- MEETING CANCELED --
03/08/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/08/21 (S) Heard & Held
03/08/21 (S) MINUTE(JUD)
03/12/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/12/21 (S) Heard & Held
03/12/21 (S) MINUTE(JUD)
03/31/21 (S) JUD AT 1:30 PM BUTROVICH 205
03/31/21 (S) Moved CSSB 65(JUD) Out of Committee
03/31/21 (S) MINUTE(JUD)
04/03/21 (S) JUD RPT CS 3DP 2NR NEW TITLE
04/03/21 (S) DP: KIEHL, HUGHES, MYERS
04/03/21 (S) NR: REINBOLD, SHOWER
04/12/21 (S) TRANSMITTED TO (H)
04/12/21 (S) VERSION: CSSB 65(JUD)
04/14/21 (H) READ THE FIRST TIME - REFERRALS
04/14/21 (H) HSS, JUD
04/27/21 (H) HSS AT 3:00 PM DAVIS 106
04/27/21 (H) Heard & Held
04/27/21 (H) MINUTE(HSS)
04/29/21 (H) HSS AT 3:00 PM DAVIS 106
04/29/21 (H) -- MEETING CANCELED --
05/04/21 (H) HSS AT 3:00 PM DAVIS 106
05/04/21 (H) Moved HCS CSSB 65(HSS) Out of Committee
05/04/21 (H) MINUTE(HSS)
05/05/21 (H) HSS RPT HCS(HSS) NEW TITLE 4DP 2NR
05/05/21 (H) DP: MCCARTY, SPOHNHOLZ, SNYDER,
ZULKOSKY
05/05/21 (H) NR: PRAX, KURKA
05/05/21 (H) JUD AT 1:00 PM GRUENBERG 120
05/05/21 (H) Heard & Held
05/05/21 (H) MINUTE(JUD)
05/17/21 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
TAYLOR WINSTON, Director
Office of Victims' Rights
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on SB 122.
SENATOR JESSE KIEHL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented SB 65.
ACTION NARRATIVE
1:36:47 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:36 p.m. Representatives Kurka, Vance,
Drummond, Snyder, Kreiss-Tompkins, and Claman were present at
the call to order. Representative Eastman arrived as the
meeting was in progress.
SB 122-VICTIM DEFINITION
1:37:29 PM
CHAIR CLAMAN announced that the first order of business would be
SENATE BILL NO. 122, "An Act relating to the definition of
'victim.'"
CHAIR CLAMAN stated that Legislative Legal & Research Services
was authorized to make any technical or conforming changes to
the bill.
1:38:09 PM
REPRESENTATIVE KURKA moved to adopt Amendment 2, labeled 32-
LS0422\B.2, Dunmire, 5/15/21, which read:
Page 1, line 5, following "perpetrated;":
Insert "or"
Page 1, line 7:
Delete "or"
Insert "[OR]"
Following "incapacitated":
Insert ", or dead"
Page 1, line 9:
Delete "; or"
Insert "or who was living in a spousal relationship
with the person specified in (A) of this paragraph
when the person died; [OR]"
Page 1, line 10:
Delete "adult"
Insert "[ADULT]"
Following "child":
Insert ", brother, sister, grandparent, grandchild"
Page 1, line 11, following "person;":
Insert "or
(iii) any other interested person, as may be
designated by a person having authority in law to do
so"
Page 1, line 12, through page 2, line 4:
Delete all material and insert:
"[(C) ONE OF THE FOLLOWING, NOT THE PERPETRATOR, IF
THE PERSON SPECIFIED IN (A) OF THIS PARAGRAPH IS DEAD:
(i) A PERSON LIVING IN A SPOUSAL RELATIONSHIP WITH
THE DECEASED BEFORE THE DECEASED DIED;
(ii) AN ADULT CHILD, PARENT, BROTHER, SISTER,
GRANDPARENT, OR GRANDCHILD OF THE DECEASED; OR
(iii) ANY OTHER INTERESTED PERSON, AS MAY BE
DESIGNATED BY A PERSON HAVING AUTHORITY IN LAW TO DO
SO]."
REPRESENTATIVE SNYDER objected.
REPRESENTATIVE KURKA explained that the intent of Amendment 2
was to consolidate the definitions of victims listed in the
proposed bill.
CHAIR CLAMAN referred to a message from the general counsel of
the Alaska Court System which conveyed that under AS 12.45.015,
introduction of the victim and criminal defendant to the jury,
under subsection (a), during jury selection and part of an
opening statement at trial, a trial attorney may introduce the
victim and defendant to the jury; the message expressed concern
that Amendment 2 could subject very young victims to a jury in
the midst of a criminal trial.
1:40:30 PM
REPRESENTATIVE SNYDER asked whether a youth may or may not be
called to trial under current law.
CHAIR CLAMAN answered that Amendment 2 would not pertain to
testimony at a trial but to the introduction of a victim during
a jury trial.
REPRESENTATIVE SNYDER suggested that there had been disagreement
of whether it would be appropriate to allow introduction of
minor victims during trial.
CHAIR CLAMAN allowed that there exists a very different
perspective between matters concerning a victim at age 15 and a
victim at age 3.
REPRESENTATIVE SNYDER asked whether the proposed amendment would
compel a minor to testify at trial.
CHAIR CLAMAN answered that the statute contained the word "may"
and that a larger concern would be a hypothetical situation in
which the picture of a baby who may have been impacted [by an
alleged crime] was presented during jury selection and could be
prejudicial to the trial process.
REPRESENTATIVE KURKA characterized the concerns brought forth by
the Alaska Court System were valid and suggested that the same
concern would exist with the underlying bill. He noted that
brothers and sisters who may or may not be adults should be
included as victims.
CHAIR CLAMAN stated that he would not speak on behalf of the
general counsel for the Alaska Court System but speculated that
if she were present to offer testimony, she might suggest that
the question of Amendment 2 would be one of a policy decision by
the legislature.
1:44:44 PM
The committee took an at-ease from 1:44 p.m. to 1:45 p.m.
1:46:03 PM
TAYLOR WINSTON, Director, Office of Victims' Rights, stated that
the existing definition of victim consists of three separate
sets of victims, and the Alaska Court System had pointed out
potential difficulties in merging them. She stated that
additional issues that may have not been vetted and contemplated
may exist should the three sets be combined. In response to
Chair Claman, she confirmed that the Office of Victims' Rights
did not support the proposed amendment.
1:48:21 PM
REPRESENTATIVE EASTMAN asked whether there existed a benefit to
allowing adult siblings to qualify as victims.
MS. WINSTON answered that it was her belief that it would
diminish existing rights and explained that in a homicide, all
family members are affected and that an individual's minor
status should not preclude them from victim status.
1:49:18 PM
REPRESENTATIVE SNYDER asked whether the Office of Victims'
Rights did not support the proposed amendment solely because it
had not been fully vetted by the organization or based on its
merits.
MS. WINSTON stated that in her professional experience, no
issues had arisen due to the three separate groups of victims
and suggested that ongoing discussions or examination of other
areas of law may still be appropriate.
REPRESENTATIVE KURKA asked the reason for a qualifying
difference between victims defined in subsections (b) and (c)
and suggested that minor children should be included as victims
in subsection (c).
MS. WINSTON answered that the original intent of SB 122 differed
from that which was trying to be gained through amendments. She
stated that all victims are defined in subsection (a) and that
victims identified under (b)(i) and (b)(ii) could have victims'
rights expanded to include minors due to an exception that may
be made due to an individual's minor status or incapacity, and
the bill would allow an adult individual to advocate on the
minor's behalf. She allowed that other areas of law may exist
that the change to definition could exist to achieve the stated
goals of the amendment; she stated her belief that there could
be unintended consequences should the amendment be adopted and
HB 122 pass.
1:56:35 PM
REPRESENTATIVE KURKA stated that he considered the amendment
reasonable and potential scenarios existed where adult and minor
children should be defined as victims.
REPRESENTATIVE SNYDER maintained her objection to the motion to
adopt Amendment 2.
1:57:58 PM
A roll call vote was taken. Representatives Kurka, Snyder,
Kreiss-Tomkins, and Eastman voted in favor of Amendment 2 to SB
122. Representatives Vance, Drummond, and Claman voted against
it. Therefore, Amendment 2 was adopted by a vote of 4-3.
1:59:44 PM
REPRESENTATIVE EASTMAN expressed his appreciation to the bill
sponsor in examining the existing statute to include additional
victims.
REPRESENTATIVE KURKA expressed his support for SB 122, as
amended.
2:01:08 PM
REPRESENTATIVE SNYDER moved to report SB 122, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS SB 122(JUD) was
reported out of the House Judiciary Standing Committee.
2:02:10 PM
ADJOURNMENT
CHAIR CLAMAN recessed the House Judiciary Standing Committee
meeting to a call of the chair.
6:17:06 PM
CHAIR CLAMAN called the House Judiciary Standing Committee
meeting back to order at 6:17 p.m. Representatives Eastman,
Drummond, Snyder, and Claman were present at the call back to
order. Representatives Kreiss-Tomkins and Kurka arrived as the
meeting was in progress.
SB 65-LIABILITY CONSULTING HEALTH CARE PROVIDER
6:17:18 PM
CHAIR CLAMAN announced that the final order of business would be
CS FOR SENATE BILL NO. 65(JUD), "An Act relating to immunity for
consulting physicians, podiatrists, osteopaths, advanced
practice registered nurses, physician assistants, chiropractors,
dentists, optometrists, and pharmacists." [Before the committee
was HCS CSSB 65(HSS).]
CHAIR CLAMAN referred to Mason's Manual, Section 1.2, which
emphasizes orderly and businesslike consideration of questions
before the body to eliminate confusion and waste of time and
effort.
CHAIR CLAMAN stated that the bill had been introduced to address
potential ambiguity in Alaska medical malpractice law as it
pertains to "curbside consults" where a medical professional may
consult with another medical professional who has no
doctor/patient relationship with the patient receiving
treatment. He referred to the State of Minnesota court case
Warren v. Dinter, which had raised the question whether a
doctor/patient relationship must exist for liability to be
established in a medical malpractice claim. He referred to
three Alaska Supreme Court Cases, M.A v the United States
(1998), Smith v. Radecke (2010), and Cornelison v. TIG Insurance
(2016), which may have left ambiguity whether the doctor/patient
relationship must exist in a malpractice claim, and he stated
that the proposed legislation seeks to remedy that ambiguity.
He stated that multiple amendments may have detracted from the
bill sponsor's intent of the bill. He stated that adding the
physician/patient requirement to the medical malpractice
statute, AS 09.55.540, would remove ambiguity that may exist in
court opinions and in statute and uses fewer words. He
suggested it would result in fewer lawsuits and less confusion
among providers and patients.
6:21:13 PM
SENATOR JESSE KIEHL, Alaska State Legislature, as prime sponsor,
stated that the fundamental purpose of the proposed legislation
was elegantly restated via a proposed House committee substitute
available to the committee, despite being an approach
significantly different from the initial draft of SB 65. He
added that the House committee substitute would remove the
question of whether a medical professional may be held liable
for medical malpractice outside of a doctor/patient relationship
and it would maintain focus on medical malpractice liability.
He stated his appreciation for the committee substitute's
limitation to parties to a malpractice lawsuit and would not
permit non-party participation. He expressed his support for
the adoption of the House committee substitute.
6:24:38 PM
REPRESENTATIVE SNYDER moved to adopt the proposed House
committee substitute (HCS) for SB 65, labeled 32-LS0002\R,
Fisher, 5/17/21. There being no objection, Version R was before
the committee.
6:26:07 PM
REPRESENTATIVE KREISS-TOMKINS expressed his appreciation of the
elegance and precision arrived at in cooperation with the bill's
sponsor within the committee substitute.
REPRESENTATIVE SNYDER stated that she had observed the
deliberation of SB 65 that had taken place in the House Health
and Social Services Standing Committee and lauded the solution
put forth in the [newly adopted] committee substitute, which she
also characterized as elegant.
REPRESENTATIVE KURKA lauded the brevity of [Version R] and asked
what prompted the elimination of consideration of "duty of care"
that had been addressed in the underlying bill.
CHAIR CLAMAN reiterated his opening comments and shared that
Version R reflected the clarity that was required to address
concerns brought by members of the medical profession that they
could be sued by an individual who is not their patient.
6:30:33 PM
REPRESENTATIVE SNYDER moved to report HCS CSSB 65(JUD), labeled
32-LS0002\R, Fisher, 5/17/21, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS CSSB 65(JUD) was reported out of the House
Judiciary Standing Committee.
6:31:36 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 6:32 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 122 v. B 4.7.2021.PDF |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM |
SB 122 |
| SB 122 Sponsor Statement v. B.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM SJUD 4/21/2021 1:30:00 PM |
SB 122 |
| SB 122 Sectional Analysis v. B.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM SJUD 4/21/2021 1:30:00 PM |
SB 122 |
| SB 122 v. B Amendment #2 HJUD 5.17.2021.pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 122 |
| SB 122 Fiscal Note LAW-CRIM 4.9.2021.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM |
SB 122 |
| SB 65 Work Draft Committee Substitute v. R 5.17.2021.pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 65 Sponsor Statement 2.4.2021.pdf |
HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HHSS 5/4/2021 3:00:00 PM HJUD 5/5/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM SHSS 2/16/2021 1:30:00 PM |
SB 65 |
| SB 65 Supporting Document - Letters Received by 5.17.2021.pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 65 Amend Letters and Testimony Received by 5.17.2021.pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 65 Additional Document - AMA Article When Is a Patient-Physician Relationship Established (Distributed by HJUD Committee).pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 65 Fiscal Note LAW-CIV 2.12.2021.pdf |
HJUD 5/5/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 65 Amendments HJUD (No Action Taken).pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 65 |
| SB 122 v. B Amendment #2 HJUD Final Vote 5.17.2021.pdf |
HJUD 5/17/2021 1:00:00 PM |
SB 122 |