Legislature(1999 - 2000)
03/12/1999 01:40 PM Senate JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
March 12, 1999
1:40 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Rick Halford, Vice-Chairman
Senator Dave Donley
MEMBERS ABSENT
Senator John Torgerson
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 77
"An Act relating to civil actions by municipalities and certain
public corporations and prohibiting certain civil actions by them
against firearms or ammunition manufacturers and dealers."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 77 - No previous action to report.
WITNESS REGISTER
Senator Pete Kelly
State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Presented SB 77
Mr. Victor Gunn
Staff to Senator Pete Kelly
State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Presented SB 77
ACTION NARRATIVE
TAPE 99-17, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:40 p.m. and announced SB 77 as the first and only order
of business.
SB 77 - LIABILITY RELATING TO FIREARMS
SENATOR PETE KELLY, sponsor of SB 77, said SB 77 was drafted in
response to lawsuits against gun manufacturers by municipalities
across the country. These suits claim gun manufacturers conspired
to flood markets outside strictly-regulated cities with firearms
with the knowledge these guns will reach the cities and be sold and
used illegally. The lawsuits attempt to reach into the deep pockets
of gun manufacturers and reduce access to firearms, according to
SENATOR KELLY.
SENATOR KELLY stated the intent of this bill is to prevent local
governments from seeking reimbursement for the costs of gun-related
violence and to send the message that the responsibility for crimes
lies with those who commit them, not with manufacturers of legal
products.
SENATOR KELLY noted there has been similar legislation proposed in
several states and in Congress. He said Alaska, with its strong
belief in the second amendment, can be a leader in this area.
CHAIRMAN TAYLOR asked SENATOR KELLY if he had any comment on the
amendment given to the committee by the bill drafter. SENATOR KELLY
replied the amendment is a clean up measure and has no impact on
the substance of the bill.
Number 074
SENATOR HALFORD declared he likes the bill. He asked if it could be
expanded to prohibit litigation against gun manufacturers by
individuals in all cases except those in which the product was
faulty. "Obviously, I don't want to protect someone from a faulty
product; if the gun blows up, if the gun fires without pulling the
trigger, or any of these other things."
SENATOR KELLY said the bill continues to protect manufacturers when
a gun has been modified from its "lawful design," but a
manufacturer can still be sued for faulty design and breach of
warranty. SENATOR HALFORD asked why the bill couldn't be expanded
to include lawsuits brought by individuals, not only suits from
municipalities. SENATOR KELLY said he had no "big problem" with
that, but deferred to the expertise of his staff.
Number 120
MR. VICTOR GUNN, staff to Senator Pete Kelly, testified that none
of the states researched had prohibited individuals from suing, due
to the unlikelihood that an individual would have the financial
capability to launch and sustain a lawsuit against a large
manufacturer or group of manufacturers. SENATOR KELLY said he has
no opposition to adding this prohibition, noting that individuals
might receive financial backing from large interest groups. SENATOR
HALFORD commented, "That's what I'd like to see us do."
Number 144
CHAIRMAN TAYLOR said the real question is not one of product
liability or negligence of design. He remarked that "Some of those
things, I think, have significant social value . . . but for that
type of litigation, you never would have had a guard put on an
electric motor." CHAIRMAN TAYLOR explained the genesis of this type
of suit was tobacco litigation, in which legal products, legally
manufactured and sold, were challenged in court. He said there
should be a way to expand the bill to protect manufacturers who
engage in the sale of a legal product from legal responsibility for
the misuse of the product.
SENATOR HALFORD agreed, saying they do not want to ban suits
related to improper design, engineering, or manufacturing, only in
cases of "a gun which functions perfectly well, exactly as was
intended, and because a person pointed it in the wrong direction,
the manufacturer of the hammer will now be sued because we struck
our thumb with the hammer - that's what irritates me." CHAIRMAN
TAYLOR agreed and said, "I would like to find a way . . . to expand
this thing to other products . . . but I'm afraid that as soon as
you do this, you run into the political correctness folks."
CHAIRMAN TAYLOR insisted he did not want to slow the bill or convey
the impression the committee does not support the bill.
Number 225
SENATOR HALFORD suggested a conceptual amendment to the bill: Page
2, line 7 delete "a municipality or public corporation established
by a municipality" and replace it with other wording. SENATOR
DONLEY interrupted, saying this bill refers to a statute that
covers municipalities exclusively.
Number 245
SENATOR HALFORD proposed an amendment to use the same language
currently in SB 77, to change it from "a municipality or public
corporation established by a municipality" to "no person shall" and
insert it where appropriate in statute. He said the initial bill
remains the same and a second section is created applying the same
standard in the bill to all individuals and entities.
SENATOR KELLY asked if this would include the State. SENATOR
HALFORD said it should, and he assumed it would.
Number 265
CHAIRMAN TAYLOR cautioned they might get into a separation of
powers problem, but both SENATOR DONLEY and SENATOR HALFORD agreed
they were within their power to do this.
SENATOR DONLEY proposed a conceptual amendment that "takes what
Section 2 does for municipal governments and apply it to the
general population. Then you want another section that says apply
it to the State also."
Number 275
SENATOR HALFORD moved SENATOR DONLEY's conceptual amendment, and
without objection, the amendment was adopted.
CHAIRMAN TAYLOR offered Amendment #2, by the bill drafter. He
explained the amendment may limit the bill to public corporations
created by municipalities and exclude other entities. This would
not include a community council, for example. The text of the
amendment follows:
Page 1, lines 9-11:
Delete "of like character in its corporate name, and
upon a cause of action accruing to it in its corporate
character"
Insert "established by a municipality [OF LIKE
CHARACTER
IN ITS CORPORATE NAME, AND UPON A CAUSE OF ACTION
ACCRUING TO IT IN ITS CORPORATE CHARACTER]"
CHAIRMAN TAYLOR moved Amendment #2. Without objection, the
amendment was adopted.
SENATOR DONLEY said, if there was cause for CHAIRMAN TAYLOR's
concern with the issue of separation of powers, "We'll just go with
as much as we can do, constitutionally, with the draft." CHAIRMAN
TAYLOR agreed.
Number 302
CHAIRMAN TAYLOR stated that he had not taken public testimony so
far because he knew the committee was going to lose their quorum
and he believed at least most of the people on line, many of whom
he knows personally, support the bill. He asked if anyone on the
teleconference network was opposed to SB 77. There was no response.
CHAIRMAN TAYLOR asked if it would be fair to assume that those
people on the teleconference network: Dick Bishop, John Hume, Doug
Albright, Noel Napolilli, Elzie Isley, Johhny Rice, Jim Rowe and
Joe Andreis, support the legislation and the amendments passed by
the committee. An unidentified male speaker replied, "Yes, thank
you Mr. Chairman."
CHAIRMAN TAYLOR thanked the teleconference participants for showing
up to testify and apologized for abbreviating the meeting. He
announced there would be a committee substitute before the
committee Monday.
With no further business to come before the committee, CHAIRMAN
TAYLOR adjourned the meeting at 2:00 p.m.
| Document Name | Date/Time | Subjects |
|---|