02/16/1998 01:08 PM House JUD

SSHB 293 - PERSONS REQUIRED TO FILE SETTLEMENT INF0                            
                                                                               
Number 1721                                                                    
                                                                               
CHAIRMAN GREEN announced the next item of business would be Sponsor            
Substitute for HB 293, "An Act relating to collection of settlement            
information in civil litigation; and providing for an effective                
date."                                                                         
                                                                               
Number 1730                                                                    
                                                                               
REPRESENTATIVE PORTER, sponsor, described SSHB 293 as a                        
straightforward cleanup bill.  He reminded members that the                    
previous year, they had passed a lengthy tort reform bill in which             
they had asked that settlement information be reported so that they            
could get a good track record on just what is involved in the                  
settlement of civil cases involving torts.                                     
                                                                               
REPRESENTATIVE PORTER explained that the Alaska Judicial Council,              
which has the task of collecting that information, had made two                
suggestions, which were reviewed by the Department of Law;                     
amendments were then made to the original legislation that conform             
with the position of Gail Voigtlander, who handles liability for               
the state.                                                                     
                                                                               
Number 1812                                                                    
                                                                               
REPRESENTATIVE PORTER stated, "And now with Bill Cotton [Executive             
Director, Alaska Judicial Council] and Gail Voigtlander both on                
vacation today, I have been asked to submit their bill.  Basically,            
what it does in Section 1 is lay out several areas of the law that             
we would not want reporting done on, as they do not fall within the            
tort area, and it would be unnecessary for attorneys or parties -              
or the court - to report.  And in Section 2, it goes to establish              
that not only the court but a party or their attorney should                   
furnish this information also when a case is settled."                         
                                                                               
REPRESENTATIVE PORTER advised members there was originally an                  
inclusion of retroactivity to cases filed before the tort reform               
bill passed.  He stated, "What we're saying now is that we're not              
interested in getting the information unless the settlement itself,            
or decision, comes after the effect of this bill.  So, it could be             
a case that's in existence now, but we're not going to go back and             
try to get judgments, settlements or decisions that occurred prior             
to the passage of this bill, which was of some concern to the bar              
association."                                                                  
                                                                               
Number 1897                                                                    
                                                                               
REPRESENTATIVE JAMES made a motion to adopt the proposed committee             
substitute, Version H [0-LS1144\H, Ford, 2/3/98], as a work draft.             
There being no objection, it was so ordered.                                   
                                                                               
Number 1926                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked whether the sponsor would mind his              
joining in as a cosponsor.                                                     
                                                                               
REPRESENTATIVE PORTER replied, "Not in the least."                             
                                                                               
Number 1958                                                                    
                                                                               
REPRESENTATIVE JAMES made a motion to move Version H out of                    
committee with individual recommendations and the attached fiscal              
note.                                                                          
                                                                               
CHAIRMAN GREEN asked whether there was any objection.  There being             
none, CSSSHB 293(JUD) moved from the House Judiciary Standing                  
Committee.