02/03/1999 01:07 PM House JUD

HB 9 - PERSONS REQUIRED TO FILE SETTLEMENT INFO                                                                                 
                                                                                                                                
CHAIRMAN KOTT announced the only order of business is HB 9, "An Act                                                             
relating to collection of settlement information in civil                                                                       
litigation; amending Rule 41(a)(3), Alaska Rules of Civil                                                                       
Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
CHAIRMAN KOTT explained that HB 9 is familiar to some because it                                                                
passed the House last year.  It got hung up in the Senate in the                                                                
never ending battle towards the end of session.  Chairman Kott                                                                  
called on Tom Wright from Representative Porter's office, sponsor                                                               
of the bill, to present the sponsor statement.                                                                                  
                                                                                                                                
Number 0067                                                                                                                     
                                                                                                                                
TOM WRIGHT, Staff to Representative Brian Porter, Alaska State                                                                  
Legislature, stated the bill is simplistic.  It is the same bill                                                                
that passed the House last year - HB 293.  It is a housekeeping                                                                 
measure that involves the collection of settlements and other data                                                              
in certain categories of civil litigation cases.   He explained the                                                             
following changes that the bill provides:                                                                                       
                                                                                                                                
     1) It makes mandatory the reporting of date by attorneys                                                                   
     and persons representing themselves.  Apparently, some                                                                     
     individuals interpret the data collection provisions of                                                                    
     the tort reform law to be optional.  This amendment                                                                        
     clarifies the mandatory nature of these reporting                                                                          
     requirements in order to ensure that accurate statistics                                                                   
     will be compiled.  Information must be submitted within                                                                    
     30 days after the settlement or final resolution of all                                                                    
     covered cases.                                                                                                             
                                                                                                                                
     2)  The Alaska Judicial Council has recommended that                                                                       
     certain non-tort cases be added to the types of cases                                                                      
     already excluded from the reporting requirements.  The                                                                     
     tort reform law excluded divorce and other categories of                                                                   
     cases from reporting requirements.  The amendment,                                                                         
     offered in Section 1, adds several categories of cases                                                                     
     that should also be excluded.                                                                                              
                                                                                                                                
     3)  The bill clarifies that the reporting requirements                                                                     
     arise only after final appeals as to cases, that are                                                                       
     fully litigated.  Should any one of multiple plaintiffs,                                                                   
     defendants or third party defendants settle out of                                                                         
     litigation before its final disposition, the obligation                                                                    
     to submit required data arises as of the date the case is                                                                  
     fully resolved as it pertains to that party.                                                                               
                                                                                                                                
     4)  The bill has the effect of amending two court rules                                                                    
     since it limits civil actions found under AS 09.68.130                                                                     
     (a) and specifies who is required to provide settlement                                                                    
     information.                                                                                                               
                                                                                                                                
     5)  The effective date as to the collection of settlement                                                                  
     and other data is changed to clarify that reporting                                                                        
     requirements are applicable to civil litigation cases                                                                      
     which are settled or finally adjudicated on or after the                                                                   
     bill is signed into law.  The reporting requirements are                                                                   
     not retroactive to the effective date of the tort reform                                                                   
     law.                                                                                                                       
                                                                                                                                
Number 0259                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. Wright where HB 293 got stuck in the                                                             
Senate last year.                                                                                                               
                                                                                                                                
MR. WRIGHT replied it got stuck in the Senate Judiciary Committee.                                                              
                                                                                                                                
Number 0278                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI asked Mr. Wright whether HB 9 is the                                                                   
identical bill that was passed by the House last year.                                                                          
                                                                                                                                
MR. WRIGHT replied correct.                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that the committee members exchanged                                                             
glances and chuckles when mentioning that the bill got stuck in the                                                             
Senate last year and asked Mr. Wright whether there was a problem                                                               
with the bill itself or the contents of the bill.                                                                               
                                                                                                                                
MR. WRIGHT replied he doesn't know.  He was not staff to                                                                        
Representative Porter last year.  He has an idea about what                                                                     
happened, but does not think it would be fair to represent it at                                                                
this time.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that she would discuss the issue                                                                 
further with fellow members of the committee after the meeting.                                                                 
                                                                                                                                
Number 0338                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated that the there was not any difficulties with                                                               
the contents of the bill last year; it got stuck for other reasons.                                                             
He would classify the bill as a housekeeping measure.                                                                           
                                                                                                                                
Number 0353                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Wright whether the bill would                                                                 
clarify paperwork and information gathering that the clerks are                                                                 
already doing and exempt some categories.                                                                                       
                                                                                                                                
MR. WRIGHT replied correct.                                                                                                     
                                                                                                                                
Number 0401                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT made a motion to move HB 9 out of committee                                                                
with individual recommendations and the attached zero fiscal                                                                    
note(s).  There being no objection, HB 9 was so moved from the                                                                  
House Judiciary Standing Committee.