ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 16, 2015
3:01 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Chair
Representative Bob Lynn
Representative Max Gruenberg
Representative Charisse Millett
Representative Kurt Olson (alternate)
MEMBERS ABSENT
Representative Wes Keller, Vice Chair
Representative Neal Foster
Representative Matt Claman
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 30(FIN)
"An Act relating to controlled substances; relating to
marijuana; relating to crimes and offenses related to marijuana
and the use of marijuana; relating to open marijuana containers;
relating to established villages and local options; relating to
delinquent minors; making conforming amendments; and providing
for an effective date."
- HEARD & HELD
CS FOR SENATE BILL NO. 43(JUD)
"An Act relating to immunity for a fire department and employees
or members of a fire department."
- MOVED HCS CSSB 43(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 30
SHORT TITLE: MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SPONSOR(s): JUDICIARY
01/23/15 (S) READ THE FIRST TIME - REFERRALS
01/23/15 (S) JUD, FIN
01/26/15 (S) JUD AT 1:00 PM BUTROVICH 205
01/26/15 (S) Heard & Held
01/26/15 (S) MINUTE(JUD)
01/28/15 (H) JUD AT 1:00 PM CAPITOL 120
01/28/15 (H) -- Companion Bill --
01/30/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
01/30/15 (S) -- Meeting Postponed to Monday 2/2/2015
02/02/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/02/15 (S) -- Rescheduled from 01/30/15 --
02/05/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/05/15 (S) Scheduled but Not Heard
02/06/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/06/15 (S) -- MEETING CANCELED --
02/09/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/09/15 (S) Heard & Held
02/09/15 (S) MINUTE(JUD)
02/11/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/15 (S) Heard & Held
02/11/15 (S) MINUTE(JUD)
02/13/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/13/15 (S) Heard & Held
02/13/15 (S) MINUTE(JUD)
02/16/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/16/15 (S) -- MEETING CANCELED --
02/18/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/18/15 (S) Heard & Held
02/18/15 (S) MINUTE(JUD)
02/20/15 (S) JUD AT 1:30 PM BUTROVICH 205
02/20/15 (S) Moved CSSB 30(JUD) Out of Committee
02/20/15 (S) MINUTE(JUD)
02/23/15 (S) JUD RPT CS 1DP 3AM NEW TITLE
02/23/15 (S) DP: MCGUIRE
02/23/15 (S) AM: COSTELLO, COGHILL, MICCICHE
02/24/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/24/15 (S) Heard & Held
02/24/15 (S) MINUTE(FIN)
03/03/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/03/15 (S) Heard & Held
03/03/15 (S) MINUTE(FIN)
03/05/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/05/15 (S) Heard & Held
03/05/15 (S) MINUTE(FIN)
03/06/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/06/15 (S) -- MEETING CANCELED --
03/09/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/09/15 (S) -- MEETING CANCELED --
03/09/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/09/15 (S) Departments: Environmental Conservation
and
03/10/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/10/15 (S) Departments: Environmental Conservation
and
03/11/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/11/15 (S) -- Public Testimony --
03/12/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/12/15 (S) Heard & Held
03/12/15 (S) MINUTE(FIN)
03/13/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/13/15 (S) -- MEETING CANCELED --
03/13/15 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/13/15 (S) Heard & Held
03/13/15 (S) MINUTE(FIN)
03/14/15 (S) FIN AT 10:00 AM SENATE FINANCE 532
03/14/15 (S) -- MEETING CANCELED --
03/18/15 (H) JUD AT 1:00 PM CAPITOL 120
03/18/15 (H) <Bill Hearing Canceled>
03/23/15 (S) FIN RPT CS 1DP 3NR 3AM NEW TITLE
03/23/15 (S) DP: MACKINNON
03/23/15 (S) NR: BISHOP, DUNLEAVY, HOFFMAN
03/23/15 (S) AM: KELLY, MICCICHE, OLSON
03/23/15 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/23/15 (S) Moved CSSB 30(FIN) Out of Committee
03/23/15 (S) MINUTE(FIN)
03/25/15 (S) FIN CS ADOPTED Y16 N4
03/30/15 (S) TRANSMITTED TO (H)
03/30/15 (S) VERSION: CSSB 30(FIN)
03/31/15 (H) READ THE FIRST TIME - REFERRALS
03/31/15 (H) JUD, FIN
04/06/15 (H) JUD AT 1:00 PM CAPITOL 120
04/06/15 (H) Heard & Held
04/06/15 (H) MINUTE(JUD)
04/07/15 (H) JUD AT 1:30 PM CAPITOL 120
04/07/15 (H) Heard & Held
04/07/15 (H) MINUTE(JUD)
04/08/15 (H) JUD AT 1:00 PM CAPITOL 120
04/08/15 (H) Scheduled but Not Heard
04/09/15 (H) JUD AT 1:00 PM CAPITOL 120
04/09/15 (H) <Bill Hearing Canceled>
04/10/15 (H) JUD AT 1:00 PM CAPITOL 120
04/10/15 (H) Heard & Held
04/10/15 (H) MINUTE(JUD)
04/15/15 (H) JUD AT 1:00 PM CAPITOL 120
04/15/15 (H) -- MEETING CANCELED --
04/16/15 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 43
SHORT TITLE: IMMUNITY FOR FIRE DEPT. & MEMBERS
SPONSOR(s): COGHILL
02/06/15 (S) READ THE FIRST TIME - REFERRALS
02/06/15 (S) CRA, JUD
02/17/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/17/15 (S) Heard & Held
02/17/15 (S) MINUTE(CRA)
03/05/15 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
03/05/15 (S) Moved CSSB 43(CRA) Out of Committee
03/05/15 (S) MINUTE(CRA)
03/06/15 (S) CRA RPT CS 3DP SAME TITLE
03/06/15 (S) DP: BISHOP, EGAN, MACKINNON
03/16/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/15 (S) Scheduled but Not Heard
03/18/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/18/15 (S) Heard & Held
03/18/15 (S) MINUTE(JUD)
03/20/15 (S) JUD AT 1:30 PM BUTROVICH 205
03/20/15 (S) Moved CSSB 43(JUD) Out of Committee
03/20/15 (S) MINUTE(JUD)
03/23/15 (S) JUD RPT CS 4DP SAME TITLE
03/23/15 (S) DP: MCGUIRE, COGHILL, COSTELLO,
WIELECHOWSKI
04/01/15 (S) TRANSMITTED TO (H)
04/01/15 (S) VERSION: CSSB 43(JUD)
04/02/15 (H) READ THE FIRST TIME - REFERRALS
04/02/15 (H) CRA, JUD
04/06/15 (H) CRA REFERRAL REMOVED
04/09/15 (H) JUD AT 1:00 PM CAPITOL 120
04/09/15 (H) Heard & Held
04/09/15 (H) MINUTE(JUD)
04/15/15 (H) JUD AT 1:00 PM CAPITOL 120
04/15/15 (H) -- MEETING CANCELED --
04/16/15 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature, Juneau, Alaska
POSITION STATEMENT: Presented HCS for CSSB 43 on behalf of the
prime sponsor, Senator John Coghill.
SUZI SHUTTS, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Juneau, Alaska
POSITION STATEMENT: During the hearing of HCS for CSSB 43,
answered questions.
ACTION NARRATIVE
3:01:1PM
CHAIR GABRIELLE LEDOUX called the House Judiciary Standing
Committee meeting to order at 3:01 p.m. Representatives Lynn,
Gruenberg, Olson, and LeDoux were present at the call of the
meeting. Representative Millett arrived as the meeting was in
progress.
SB 30-MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
3:01:19 PM
CHAIR LEDOUX announced that the first order of business would be
SENATE BILL NO. 30, "An Act relating to controlled substances;
relating to marijuana; relating to driving motor vehicles when
there is an open marijuana container; and providing for an
effective date."
3:02:24 PM
The committee took a brief at-ease.
3:02:58 PM
REPRESENTATIVE OLSON moved to adopt HCS for CSSB 30, Version 29-
LS0231\K, Martin, 4/14/15, as the working document. There being
no objection, Version K was before the House Judiciary Standing
Committee.
[CSSB 30 was held over.]
SB 43-IMMUNITY FOR FIRE DEPT. & MEMBERS
3:03:29 PM
CHAIR LEDOUX announced that the final order of business would be
SENATE BILL NO. 43, "An Act relating to immunity for a fire
department and employees or members of a fire department."
3:04:07 PM
REPRESENTATIVE LYNN moved to adopt HCS for CSSB 43, Version [29-
LS0325\I], Shutts, 4/14/15, as the working document. There
being no objection, Version I was before the House Judiciary
Standing Committee.
3:04:41 PM
JORDAN SHILLING, Staff, Senator John Coghill, said the prior
version applied immunity too broadly, and this version includes
professional municipally operated firemen. He opined the change
was for the contract departments that serve the Municipality of
Anchorage and the Fairbanks North Star Borough. He explained
that the change is rather than apply the immunity to both the
contract department and municipally operated department, this
committee substitute reads that there would be immunity to the
contract departments, which would be university fire departments
and non-profit fire departments.
3:06:15 PM
CHAIR LEDOUX opened public testimony and after ascertaining no
one wished to testify closed public testimony.
3:06:33 PM
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 1
for discussion.
REPRESENTATIVE MILLETT objected.
3:06:59 PM
SUZI SHUTTS, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, said she did not have a copy of
Conceptual Amendment 1.
3:07:25 PM
REPRESENTATIVE GRUENBERG read Conceptual Amendment 1, as follows
[original punctuation provided]:
This section does not limit the authority of a
municipality or village to maintain an action against
a contractor, vendor or supplier providing services or
goods to the municipality or village.
REPRESENTATIVE GRUENBERG advised it would be a separate
subsection. He then asked whether the term would be
"municipality or village," or should it be left as it is with
the instruction to make it right. He posited that Conceptual
Amendment 1 is talking about an entity that can maintain suit
and that types of villages were types of municipalities, but he
was not certain.
MS. SHUTTS responded that under AS 09.65.080, which read:
An action may be maintained by an incorporated
borough, city, or other public corporation of like
character in its corporate name and upon a cause of
action accruing to it in its corporate character ...
MS. SHUTTS advised she was not sure whether that would go to his
concern and whether that language would be used.
REPRESENTATIVE GRUENBERG asked whether it was possible to say
that they intend it to apply to any entity AS 09.65.0[8]0
applies, and that Legislative Legal and Research Services could
use the correct drafting and coordinate with staff, Mr. Wheeler,
and himself.
CHAIR LEDOUX noted it was obviously the intent to do as
Representative Gruenberg suggested, and he was asking
Legislative Legal and Research Services to make it correct.
3:10:17 PM
REPRESENTATIVE GRUENBERG agreed.
MS. SHUTTS advised Representative Gruenberg she had not yet
received a copy of Conceptual Amendment 1.
3:11:01 PM
The committee took an at-ease from 3:11:01 to 3:12:38 p.m.
3:12:51 PM
MR. SHILLING referred to [Sec.1, AS 09.65.083(a)(d)(2)], page 2,
line 9, which read:
(2) a nonprofit that provides services under contract
or agreement with a municipality or village.
MR. SHILLING said [(d)] defines a nonprofit fire department that
includes a municipality or village.
3:13:36 PM
REPRESENTATIVE GRUENBERG remarked he would like to leave the
language up to the drafter. Secondly, he referred to the phrase
"an action against a contractor, vendor, or supplier providing
services or goods to the municipality or village," and opined
that there may be a situation where a suit would be against an
entity other than one of those entities. He said he would leave
it up to the bill drafter if they preferred "to maintain an
action under this section," or something.
3:14:39 PM
MR. SHILLING agreed, and said that in the event it is something
the legislative attorneys believe is appropriate, the sponsor
would be good with it.
REPRESENTATIVE GRUENBERG opined that if the suit was against the
municipality which wasn't contracting, the suit against them
could be maintained. He said he has no problem with the
language because it deals with a totally different issue and
that he wants the records to reflect this is another issue and
is covered here. He noted that the title of the bill reads as
follows:
An Act relating to immunity for a fire department and
employees or members of a fire department.
REPRESENTATIVE GRUENBERG pointed out that the title of the
section is "Civil liability of nonprofit and university fire
departments." He opined that Conceptual Amendment 1 does not
fall within that catch line so when Ms. Shutts processes the
amendment that she may want to change the tag line, or put it in
something separate. He noted that this deals with the
government as a plaintiff rather than a defendant.
3:16:54 PM
REPRESENTATIVE MILLETT withdrew her objection.
3:17:03 PM
CHAIR LEDOUX advised there being no objection, Conceptual
Amendment 1 was adopted.
3:17:58 PM
REPRESENTATIVE MILLETT moved to report [HCS for CSSB 43, as
amended,] out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HCS
CSSB 43(JUD) moved from the House Judiciary Standing Committee.
3:18:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:18 p.m.