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Alaska State Legislature House and Senate Democrats |
WEB: CONTACT: PHONE: FAX: EMAIL: |
http://www.akdemocrats.org Jordan Marshall, Press Secretary (907) 269-0133 or 321-3682 (907) 269-0132 press@akdemocrats.org |
| FOR IMMEDIATE RELEASE · December 30, 2003 |
Democrats Seek To Reinstate Legal Rights Of Military Members – One More Time:
Bill Would
Overturn Law From Last Session
ANCHORAGE – This week Representatives Les Gara, Ethan Berkowitz and Harry Crawford (D’s – Anchorage) filed a bill to reinstate rights of Alaska military members that were taken away last legislative session. Berkowitz is “hopeful the Governor will join us,” and the three legislators requested his support most recently in a December 23rd letter. Indications from the Governor’s Office during a November dispute over this issue are that he may reconsider his position and support this effort. According to Gara, “it would be nice to start the legislative session with a bi-partisan resolution to a very contentious issue.”
Over loud opposition from minority members, and a handful of majority members including the House Speaker, the Legislature passed HB 245, a Governor’s Bill. Section 4 of that bill took away the right of on-duty military members to recover damages when killed or injured by a state employee’s negligence or recklessness. Specifically, the law states a claim for negligence or recklessness “may not be brought by or on behalf of a member of the military services against the state . . . for wrongful death, personal injury or other tort claim or injury” if the military member is on active duty. Thus, for example, if a state employee negligently runs a red light and paralyzes or kills a military member who is on his way to pick up supplies, the member cannot sue the state.
Crawford states “there is no good reason to take basic rights away from military members, especially in these times.” Civilians still have a right of recovery if killed or severely injured by the state. The House Democrats wish to reinstate the right of military members to equal treatment under the law, and hope the Governor will ask the legislative majority to make this a priority issue this session. Former Director of Military and Veterans Affairs Laddie Shaw joined Gara and Berkowitz in their November call to the Governor for a reversal of last session’s law.
Contacts: Rep. Les Gara (269-0106); Rep. Ethan Berkowitz (888 465-4919); Rep. Harry Crawford (269-0100); Laddie Shaw (349-0119 d; 317-2505 cell)
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