HOUSE JUDICIARY STANDING COMMITTEE February 11, 1997 12:01 P.M. MEMBERS PRESENT Representative Joe Green, Chairman Representative Brian Porter Representative Ethan Berkowitz Representative Eric Croft MEMBERS ABSENT Representative Con Bunde, Vice Chairman Representative Jeannette James Representative Norman Rokeberg COMMITTEE CALENDAR HOUSE BILL NO. 120 "An Act relating to the power of the attorney general to waive immunity from suit in federal court; and providing for an effective date." - MOVED CSHB 120(JUD) OUT OF COMMITTEE PREVIOUS ACTION BILL: HB 120 SHORT TITLE: STATE IMMUNITY FROM SUIT IN FED COURT SPONSOR(S): REPRESENTATIVE(S) HUDSON,Green JRN-DATE JRN-DATE ACTION 02/07/97 265 (H) READ THE FIRST TIME - REFERRAL(S) 02/07/97 265 (H) JUDICIARY 02/07/97 276 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23 02/10/97 (H) JUD AT 1:00 PM CAPITOL 120 02/10/97 (H) MINUTE(JUD) 02/11/97 (H) JUD AT 12:00 PM CAPITOL 120 WITNESS REGISTER No witnesses testified ACTION NARRATIVE TAPE 97-14, SIDE A Number 0000 CHAIRMAN JOE GREEN called the House Judiciary Standing Committee meeting to order at 12:01 p.m. Members present at the call to order were Representatives Green, Porter, Croft and Berkowitz. Members absent were Representatives Bunde, Rokeberg and James. A quorum was present. HB 120 - STATE IMMUNITY FROM SUIT IN FED COURT CHAIRMAN GREEN announced that the only item on the agenda was the continuation of HB 120, "An Act relating to the power of the attorney general to waive immunity from suit in federal court; and providing for an effective date." He said a proposed committee substitute was available. REPRESENTATIVE BRIAN PORTER said the sponsor of HB 120 is in majority caucus. He said the proposed committee substitute for HB 120 incorporates the clarifying language of the last line, "The expiration on January 1, 1999, of the attorney general's authority to waive the state's Eleventh Amendment immunity does not affect existing waivers in ongoing cases." He said the proposed committee substitute addresses the amendment discussed at the February 10, 1997, committee meeting which expanded the waiver ability of the attorney general to include cases where the state seeks to allocate fault to the federal government or a federal employee under AS 9.17.080. He said the proposed committee substitute seems to incorporate everything that the committee had in mind. He moved to adopt the proposed committee substitute, version B, to HB 120. Hearing no objection, CSHB 120(JUD) was before the House Judiciary Standing Committee. REPRESENTATIVE PORTER made a motion to move CSHB 120(JUD) out of committee with individual recommendations and accompanying fiscal note. Hearing none CSHB 120(JUD) was moved from the House Judiciary Standing Committee. ADJOURNMENT There being no further business to conduct, CHAIRMAN GREEN adjourned the meeting of the House Judiciary Standing Committee at 12:05 p.m.