04/05/2002 01:11 PM House JUD

HB 385 - UNFAIR TRADE PRACTICES ATTY FEES/COSTS                                                                               
                                                                                                                                
Number 2012                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that  the next  order of business  would                                                              
be HOUSE BILL NO.  385, "An Act relating to the  attorney fees and                                                              
costs awarded  in certain court  actions relating to  unfair trade                                                              
practices;  and amending  Rules 54,  79, and  82, Alaska Rules  of                                                              
Civil  Procedure."   [At  the  hearing  on 3/22/02,  the  proposed                                                              
committee  substitute  (CS)  for   HB  385,  version  22-LS1224\C,                                                              
Bannister,  3/21/02,  was  adopted   as  a  work  draft.]    Chair                                                              
Rokeberg  noted  that  the  committee   also  had  before  it  for                                                              
consideration the  proposed committee substitute (CS)  for HB 385,                                                              
version 22-LS1224\F, Bannister, 4/2/02.                                                                                         
                                                                                                                                
Number 2023                                                                                                                     
                                                                                                                                
HEATHER  M.  NOBREGA, Staff  to  Representative  Norman  Rokeberg,                                                              
House  Judiciary  Standing Committee,  Alaska  State  Legislature,                                                              
explained that  Version F  deletes Section 1  of Version  C, which                                                              
would  have  waived,  for  a  [plaintiff],  the  requirement  that                                                              
he/she pay  attorney fees as stipulated  by [Civil Rule  82 of the                                                              
Alaska  Rules   of  Civil  Procedure].     With  Version   F,  she                                                              
explained, "we're  keeping the award of full  [attorney fees] when                                                              
the state  brings forth  the lawsuit."   She  confirmed that  with                                                              
regard  to  Rule  82  as  it  applies  to  plaintiffs,  Version  F                                                              
maintains the status quo.                                                                                                       
                                                                                                                                
CHAIR ROKEBERG  relayed that  the sponsor  of HB 385  "reluctantly                                                              
concedes that  half a loaf  is better than  none."  Version  F, he                                                              
noted, gives  the attorney  general the right  to have  full award                                                              
of  attorney  fees  when  prevailing  in  lawsuits  pertaining  to                                                              
unfair trade practices.                                                                                                         
                                                                                                                                
MS.  NOBREGA confirmed  that  currently, Rule  82  applies to  all                                                              
parties in  such lawsuits,  including the  attorney general;  with                                                              
Version F,  if the attorney general  brings forth the  lawsuit and                                                              
is the  prevailing party, Rule  82 would  be waived and  the state                                                              
would get full attorney  fees.  That money would  then go into the                                                              
general fund  (GF) with  the intention  that it  would be  used to                                                              
help further  fund the  [Fair Business  Practices Section]  of the                                                              
Department of Law (DOL).                                                                                                        
                                                                                                                                
Number 2170                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  moved to adopt  the proposed committee  substitute                                                              
(CS)  for HB  385, version  22-LS1224\F, Bannister,  4/2/02,  as a                                                              
work draft.   There being no  objection, Version F was  before the                                                              
committee.                                                                                                                      
                                                                                                                                
Number 2193                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES  moved  to  report  the  proposed  committee                                                              
substitute  (CS)  for  HB  385,  version  22-LS1224\F,  Bannister,                                                              
4/2/02, out of  committee with individual recommendations  and the                                                              
accompanying  zero fiscal note.   There  being no objection,  CSHB
(JUD)  was  reported  out  of   the  House  Judiciary  Standing                                                              
Committee.