Legislature(1997 - 1998)

03/11/1997 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                         MARCH 13, 1997                                        
                            1:40 P.M.                                          
                                                                               
  TAPE HFC 97 - 58, Side 1, #000 - end.                                        
  TAPE HFC 97 - 58, Side 2, #000 - end.                                        
  TAPE HFC 97 - 59, Side 1, #000 - end.                                        
  TAPE HFC 97 - 59, Side 2, #000 - #020.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Gene Therriault called the House Finance Committee                 
  meeting to order at 1:40 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kelly                           
  Co-Chair Therriault           Representative Kohring                         
  Representative Davies         Representative Martin                          
  Representative Davis          Representative Moses                           
  Representative Foster         Representative Mulder                          
  Representative Grussendorf                                                   
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative  Brian Porter;  Jeff  Bush, Attorney,  Deputy                 
  Commissioner,   Department   of   Commerce    and   Economic                 
  Development; Pam LaBolle, President, Alaska State Chamber of                 
  Commerce; Michael Lessmeier,  Attorney, State Farm Insurance                 
  Company,    Juneau;    Ross    Mullins,    (Testified    via                 
  teleconference),  Cordova;  Jack  Hopkins,   (Testified  via                 
  teleconference),  Cordova;  David  McGuire,  (Testified  via                 
  teleconference), Anchorage; Dick  Cattanach, (Testified  via                 
  teleconference), Anchorage; Mike  Schneider, (Testified  via                 
  teleconference),   Attorney,   Anchorage;    Daryl   Nelson,                 
  (Testified  via  teleconference),  Anchorage; Frank  Dillon,                 
  (Testified via teleconference),  Executive Director,  Alaska                 
  Trucking  Association,  Anchorage; Paul  Cossman, (Testified                 
  via   teleconference),   Lawyer,   Anchorage;  Tim   Dooley,                 
  (Testified via teleconference),  Attorney, Anchorage;  Mauri                 
  Long, (Testified via  teleconference), Attorney,  President,                 
  Trial   Lawyer   Association,   Anchorage;   Karen   Cowart,                 
  (Testified  via  teleconference),  The Alliance,  Anchorage;                 
  Orin  Seybert, (Testified  via  teleconference), Alaska  Air                 
  Carriers  Association,  Anchorage; Leonard  Efta, (Testified                 
  via  teleconference),  Kenai;  Susan  Ross,  (Testified  via                 
  teleconference),   Kenai;   Paul   Sweet,   (Testified   via                 
  teleconference), Matsu.                                                      
                                                                               
  SUMMARY                                                                      
                                                                               
                                                                               
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  HB 58     An Act relating to  civil actions; amending  Rules                 
            49  and  68,  Alaska  Rules  of  Civil  Procedure;                 
            amending Rule  702, Alaska Rules of  Evidence; and                 
            providing for an effective date.                                   
                                                                               
            HB  58   was  HELD   in   Committee  for   further                 
            consideration.                                                     
  HOUSE BILL 58                                                                
                                                                               
       "An Act relating  to civil  actions; amending Rules  49                 
       and 68, Alaska Rules of  Civil Procedure; amending Rule                 
       702, Alaska  Rules of  Evidence; and  providing for  an                 
       effective date."                                                        
                                                                               
  REPRESENTATIVE BRIAN PORTER stated that many individuals and                 
  business  have   already  experienced   the  nightmares   of                 
  litigation that drag on  for years and the high  legal costs                 
  associated  with  them.    Lawsuits  in  this  country  have                 
  proliferated.     Litigation   has   become   an   industry.                 
  Contingent fee contracts give up to 40%  of injured victims'                 
  damage  recoveries  to  trial lawyers.    The  incentives to                 
  create  the most  litigious society  on earth are  firmly in                 
  place.    He stressed  that as  a  consequence, the  cost of                 
  liability insurance  has become  unaffordable to  many.   In                 
  some areas  of the State,  there are  no domestic  insurance                 
  companies which will write a  liability insurance policy for                 
  any price.  Across the country, and throughout Alaska, there                 
  is  an  outcry  for  reforming  our  civil  justice  system.                 
  Ordinary people and business of all sizes seek relief from a                 
  flawed  system.    A  more  efficient  and  fair  method  of                 
  compensating  wrongly injured  victims  must be  crafted and                 
  maintained.                                                                  
                                                                               
  The consulting actuarial firm, Tillinghast, reported in 1992                 
  that about 50% of damage awards of some $132 billion dollars                 
  spent  nationwide went to the  injured party.  The remaining                 
  50% went to the  cost of litigation and attorney fees.  From                 
  that information, it is apparent that if current tort system                 
  is judged  as a method of compensating  accident victims for                 
  their  losses, it  is  both  inefficient  and  unfair.    He                 
  continued, inefficient because  only about half of  the cost                 
  goes toward any form of compensation  for victims and unfair                 
  because   many   injured   victims    receive   insufficient                 
  compensation to no compensation at all.                                      
                                                                               
  He continued,  in contrast with the  foregoing deficiencies,                 
  the workers' compensation  system returns  about 70% of  the                 
  workers'  compensation  insurance  premium  dollars  to  the                 
  injured  party.    The efficiencies  enjoyed  in  the health                 
  insurance industry are even higher, with about 85% of health                 
  insurance premium dollars being returned to the beneficiary.                 
                                                                               
                                2                                              
                                                                               
                                                                               
  The  most  efficient is  Social  Security, with  99%  of the                 
  social  security  taxes  collected  being  returned  to  the                 
  beneficiaries of  that system.   The  relative certainty  of                 
  recovery, and the certainty in the amount of recovery  under                 
  that system, stands  in stark contrast to  the uncertainties                 
  inherent  in the  litigation of  claims and  defenses.   The                 
  absence of uncertainty and high costs of litigation in these                 
  alternative systems makes  clear that there is  a compelling                 
  need for substantial reforms in the civil justice system.                    
                                                                               
  Representative  Porter explained  that  the legislation  was                 
  comprised of three sections, one  of which passed the  House                 
  Floor last year.  It also incorporates several portions that                 
  the Governor's Task Force recommended during the summer tort                 
  reform discussions.                                                          
                                                                               
  Representative  Porter  highlighted  the  points  from   the                 
  Governor's Task Force  which had been incorporated  into the                 
  proposed legislation.                                                        
                                                                               
       Section  19.    Definition;  intentional torts.    This                 
       section  is  taken  verbatim  from  the report  of  the                 
       Governor's Task Force.  The section amends AS 09.17.900                 
       to clarify its application to intentional acts.                         
                                                                               
       Section  23.     Interest  on   judgments;  prejudgment                 
       interest.  This section would provide for a floating or                 
       variable  interest  rate on  judgments  and prejudgment                 
       interest by making it three  hundred basic points above                 
       the discount rate at the 12th Federal Reserve District,                 
       as  of January 2, of the year in which the judgement or                 
       decree  is entered.    Once set  by  this section,  the                 
       interest rate does not change until satisfaction of the                 
       judgment or decree.   Using  the discount  rate of  the                 
       12th Federal Reserve District would  be consistent with                 
       the way interest  rates are determined under  the usury                 
       statute,  AS 45.45.010(b).   The Governor's  Task Force                 
       report  recommended   a  floating   interest  rate   on                 
       judgments  and  prejudgment  interest.    This  section                 
       should satisfy those concerns.                                          
                                                                               
       Section 28  Medical advisory panels.                                    
       Section 29  Expert advisory panel; panel questions.                     
       Section 30  Expert advisory panel; discovery.                           
       Section  31    Expert  advisory  panel;  public  sector                 
       provider.                                                               
                                                                               
       Section 37.   Damages  resulting from  commission of  a                 
       felony,  or  while under  the  influence of  alcohol or                 
       drugs.   The Governor's  Task Force report  recommended                 
       that a person  who sustains personal injuries  or death                 
       during  the commission,  or attempted  commission of  a                 
                                                                               
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       felony, should  be barred  from recovering damages  for                 
       those injuries.                                                         
                                                                               
       Section 46.   Settlement information.  This  section is                 
       taken verbatim from  the report of the  Governor's Task                 
       Force.    It  is  intended  to  improve  upon  existing                 
       Superior Court, fast track procedures  by providing for                 
       a meeting of the parties and a pretrial conference.                     
                                                                               
       Section  48.    Sanctions for  rule  violations.   This                 
       section modifies  Civil Rule 95  by imposing  increased                 
       sanctions against  attorneys and their clients  for any                 
       infraction of  the rules, including Civil Rule  11.  It                 
       permits fines  of up  to $10  thousand dollars  against                 
       attorneys, which was increased from $1 thousand dollars                 
       under existing rule.                                                    
                                                                               
  Representative  Porter addressed  the  new sections  of  the                 
  bill.                                                                        
                                                                               
       Section 35.  Civil liability of electric utility.  This                 
       section would  provide immunity  from strict  liability                 
       for publicly  regulated electric utility  companies for                 
       the generation, distribution,  and sale of electricity.                 
       The section would make  it clear that the  provision of                 
       electricity, from the  time it  is generated until  the                 
       consumer utilized it, would be  a provision of service,                 
       and would not change its character  from a service to a                 
       product.                                                                
                                                                               
       Section  40.    Appointment   of  independent  counsel;                 
       conflicts of interest.   This section makes  an insurer                 
       responsible  only  for  the  costs  and  attorney  fees                 
       incurred by the  independent counsel defending  against                 
       claims  for  which  the  insurer  has  either  accepted                 
       coverage or reserved their right to deny coverage.                      
                                                                               
       Section  41.    Appointment  of  independent   counsel;                 
       conflicts of interest.  In  the context of an  insured,                 
       represented by independent counsel,  the section allows                 
       an insurer  to settle directly  with a plaintiff  as to                 
       claims  for  which  the  insurer  has  either  accepted                 
       coverage or reserved their right to deny coverage.                      
                                                                               
       Section 42.  Workers' compensation  lien.  This section                 
       would  be   a  consistency  change   to  the   workers'                 
       compensation statutes required by the change in Section                 
       18 of the Act.                                                          
                                                                               
  (Tape Change HFC 97-58, Side 2).                                             
                                                                               
  ROSS  MULLINS,  (TESTIFIED  VIA   TELECONFERENCE),  CORDOVA,                 
                                                                               
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  testified in opposition to HB 58.    He ascertained that the                 
  punitive damage section of the  bill would be detrimental to                 
  maintaining   a  safe   environment   when  addressing   oil                 
  transportation measures.   The proposed caps are  too low to                 
  be  efficient when  dealing  with  the  oil  industry.    He                 
  reiterated that the levels proposed for punitive damages are                 
  not  sufficient.     Mr.  Mullins   pointed  out  that   the                 
  recommendations  made in  the Governor's  proposal  would be                 
  more satisfactory for  people living  in coastal Alaska  and                 
  could address the magnitude of the "wrong-doer".                             
                                                                               
  JACK  HOPKINS,  (TESTIFIED  VIA   TELECONFERENCE),  CORDOVA,                 
  testified in opposition to the legislation.  He stated  that                 
  the only people who  will benefit from the legislation  will                 
  be the insurance companies and "other" big business.                         
                                                                               
  DAVID   MCGUIRE,   M.D.,  (TESTIFIED   VIA  TELECONFERENCE),                 
  ANCHORAGE, voiced support for the  proposed legislation.  He                 
  commented  that  in   1976,  malpractice  insurance   became                 
  unavailable for many doctors.   As a result of  that action,                 
  the  legislature  formed   an  organization  called  Medical                 
  Indemnity Corporation of Alaska (MICA) which was designed to                 
  provide doctors  with  malpractice insurance.   Dr.  McGuire                 
  provided  written testimony.    (Copy on  file).   He  urged                 
  Committee members to support the legislation.                                
                                                                               
  DICK CATTANACH, (TESTIFIED  VIA TELECONFERENCE),  ANCHORAGE,                 
  testified in support of the  legislation.  Written testimony                 
  was submitted to the Committee.   (Copy on file).  He  noted                 
  that the bill was  complex and deals with many  issues which                 
  are important to Alaska's economy.  The recommendations from                 
  the Governor's task force were also considered and many were                 
  included  as  they  addressed  issues   that  had  not  been                 
  previously  considered.  Mr. Cattanach urged the Committee's                 
  support of the legislation.                                                  
                                                                               
  MIKE  SCHNEIDER,  (TESTIFIED VIA  TELECONFERENCE), ATTORNEY,                 
  ANCHORAGE, voiced opposition to  HB 58.  He stated  that the                 
  Governor's task force proved the public's misperception that                 
  the  "wheels  were off  the  justice cart".    Mr. Schneider                 
  summarized that  many provisions in the bill do a disservice                 
  to each legislator's constituents.                                           
                                                                               
  DARYL  NELSON,  (TESTIFIED  VIA TELECONFERENCE),  ANCHORAGE,                 
  voiced opposition to the legislation.  He noted concern with                 
  the statute of  repose, stipulating  that many parents  with                 
  new babies  born with disabilities  do not realize  that the                 
  child has a problem until  later as the child develops.   He                 
  believed that section  of the bill  would be detrimental  to                 
  all people with disabilities.                                                
                                                                               
  FRANK  DILLON,  (TESTIFIED  VIA  TELECONFERENCE),  EXECUTIVE                 
                                                                               
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  DIRECTOR, ALASKA TRUCKING ASSOCIATION,  ANCHORAGE, testified                 
  in support of the proposed  legislation.  He emphasized that                 
  America was "drowning" in a sea of judicial abuse.  HB 58 is                 
  a small but much needed  step toward complete reconstruction                 
  of the legal  system.  He  urged the Committee's support  of                 
  the legislation.                                                             
                                                                               
  LEONARD   EFTA,   (TESTIFIED  VIA   TELECONFERENCE),  KENAI,                 
  testified in  opposition  to HB  58.   Mr.  Efta  referenced                 
  Section 1 of the bill, stating  that such measures would not                 
  be "beneficial" to any "ordinary" people.                                    
                                                                               
  SUSAN  ROSS,  (TESTIFIED VIA  TELECONFERENCE),  KENAI, spoke                 
  against the proposed  legislation.   She suggested that  the                 
  bill was  being driven  by "material  representation".   Ms.                 
  Ross  spoke  about  being  recruited  for lobbying  on  tort                 
  reform.   After an in-depth  study, she  realized that  tort                 
  reform had "nothing" to do with  a judicial or legal reform.                 
                                                                               
                                                                               
  She  elaborated  that insurance  benefits will  not decrease                 
  with passage of the legislation.  She strongly urged members                 
  to pay attention to the voice  of their constituents and not                 
  pass the bill from Committee.                                                
                                                                               
  PAUL SWEET,  (TESTIFIED VIA  TELECONFERENCE), MATSU,  voiced                 
  opposition to  the proposed  legislation.  He  spoke to  the                 
  punitive damages as addressed in the legislation.  Mr. Sweet                 
  added that 95% of campaign financing contributions came from                 
  large corporations.  He questioned if  legislators loyalties                 
  originated "out  of pocket"  or for  the constituents  which                 
  they  represent.   Co-Chair  Therriault replied,  last  year                 
  Campaign Reform legislation had been passed, which would cut                 
  off contributions received from corporations.                                
                                                                               
  PAUL  COSSMAN,  (TESTIFIED   VIA  TELECONFERENCE),   LAWYER,                 
  ANCHORAGE, testified against HB 58.  He realized that a tort                 
  reform bill would be forthcoming  and proposed that the bill                 
  be "worked" on cooperatively so it become  acceptable to all                 
  people.                                                                      
                                                                               
  He agreed with  Section 1 of  the bill, decreasing the  cost                 
  and  complexity  of litigation.    Mr. Cossman  advised that                 
  Section 16 would be contrary to  the goal of having the jury                 
  determine fault.                                                             
                                                                               
  (Tape Change HFC 97-59, Side 1).                                             
                                                                               
  Mr. Cossman advised under Section 16, the jury determination                 
  of the fault premise would change, as the defendant would no                 
  longer have the right to bring in the third party defendant,                 
  allocating the fault to them.  He suggested that this action                 
                                                                               
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  would cause the plaintiff's to instigate more law suits, and                 
  otherwise, insurance rates  would rise.  He  advised that to                 
  decrease the costs and complexity  of litigation, the system                 
  should be left the way it is.                                                
                                                                               
  TIM   DOOLEY,   (TESTIFIED   VIA  TELECONFERENCE),   LAWYER,                 
  ANCHORAGE, spoke in opposition to  the proposed legislation.                 
  He  pointed  out that  dispute  resolution systems  in other                 
  third world  countries use  burning huts  and machetes;  our                 
  system does not yet.  He pointed  out that our system is not                 
  "tragic" or "evil"  as suggested  in previous testimony  and                 
  that many countries  throughout the  world would prefer  the                 
  system we have.                                                              
                                                                               
  Mr. Dooley stressed  that someone will  have to pay for  the                 
  cost of the injury.  The legislation will relieve the person                 
  at fault  from paying.   He asked  why should the  person at                 
  fault  be  relieved   of  the  obligation,  then   have  our                 
  individual  tax  rate and  insurance  and health  care rates                 
  raised.                                                                      
                                                                               
  MAURI   LONG,   (TESTIFIED   VIA  TELECONFERENCE),   LAWYER,                 
  PRESIDENT, TRIAL LAWYER ASSOCIATION, ANCHORAGE, noted strong                 
  opposition to HB 58.  Ms.  Long focused attention on Section                 
  42,  the  Worker's  compensation  lien,  which  would  cause                 
  significant  problems.     This   section  would   take  the                 
  collateral benefits Section 17 and  the allocation of fault,                 
  Section 16, and create a collision  of those two concepts by                 
  removing the  benefit of  the worker's compensation  system.                 
  She discussed that the proposed language would allow for "an                 
  empty  chair"  defense.   That  language would  increase the                 
  scope of  litigation and would clearly stipulate that a jury                 
  could not determine a fair cost to pay.  A plaintiff may not                 
  recover.  She urged  the Committee to consider  these issues                 
  and strike the inappropriate language.                                       
                                                                               
  Representative  Grussendorf  asked  Ms.  Long's  opinion  of                 
  Section 21,  Offers of  Judgement.   Ms. Long  believed that                 
  Offers of Judgement statute, currently in place  is not very                 
  effective,  and  believed that  changes  could make  it more                 
  useful.  Ms.  Long provided  Committee members a  copy of  a                 
  Sectional Analysis of House Bill 58.  (Copy on file).                        
                                                                               
  KAREN COWART, (TESTIFIED VIA TELECONFERENCE), ALASKA GENERAL                 
  INDUSTRY SUPPORT ALLIANCE, ANCHORAGE, spoke in support of HB
  58.    She  presented  her  organization's  1997 legislative                 
  priorities:                                                                  
                                                                               
       *    Continue to close Alaska's fiscal gap;                             
       *    Support    legislation    that    promotes   sound                 
            development of oil and gas; and                                    
       *    Support the passage of comprehensive tort reform.                  
                                                                               
                                7                                              
                                                                               
                                                                               
  Ms.  Coward  provided  Committee  members   a  copy  of  her                 
  testimony.  (Copy on file).                                                  
                                                                               
  ORIN  SEYBERT, (TESTIFIED  VIA  TELECONFERENCE), ALASKA  AIR                 
  CARRIERS ASSOCIATION,  ANCHORAGE, spoke  in  support of  the                 
  legislation.  He noted that air carriers are presently being                 
  impaired  by a  lack  of  insurance  underwriting  capacity.                 
  Alaska  has  a  potential for  the  highest  punitive damage                 
  awards in  the nation.   Mr.  Seybert urged the  Committee's                 
  support of the legislation.  (Copy of testimony on file).                    
                                                                               
  JEFFREY W. BUSH, DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCE                 
  AND ECONOMIC DEVELOPMENT, submitted a copy of a letter dated                 
  March 7, 1997, and sent  to Representative Porter discussing                 
  HB 58.  (Copy  on file).  He  identified fourteen points  of                 
  concern  to  the Knowles  Administration.   He  advised that                 
  three  of   those  concerns  would   be  addressed   through                 
  amendments provided by Representative Porter.                                
                                                                               
  He noted that he had served on the Governor's task force for                 
  Civil  Justice  reform.   The  bill which  the  Governor has                 
  introduced is the  product resulting  from that task  force.                 
  He advised that the Administration has a "problem" with some                 
  of the sections in HB 58,  which are substantially different                 
  from those presented through the Governor's legislation.                     
                                                                               
  The technical issues are:                                                    
                                                                               
       *    Section  5:  Statute  of  Repose.     In  previous                 
            versions of  the tort legislation, the  statute of                 
            repose   proposal   has   included   a   provision                 
            permitting  a  contractual  override of  the  time                 
            limit, an exemption that the State relies upon.                    
                                                                               
       *    Section 6: Special Statute of Response for Minors.                 
            The intention  of that  change was  to impact  the                 
            statute of limitations for minors, not the statute                 
            of repose.  As drafted,  it is a limiting  statute                 
            of repose,  more restrictive than the  general one                 
            for adults contained in Section 5.  The Department                 
            of   Law  suggested   that   language  is   likely                 
            unconstitutional.                                                  
                                                                               
       *    Section  9: Standard  for Punitive  Damages.   The                 
            phrase  being  inserted  should  say  "deliberated                 
            disregard of  another person's rights"  instead of                 
            "deliberate  disregard  of  another person".    He                 
            stressed that  the language  should be  consistent                 
            with State law.                                                    
                                                                               
       *    Section 11.  Taxes  on Award.  This  section would                 
                                                                               
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            allow a defendant a deduction for taxes that would                 
            otherwise  be payable were  the award taxable, and                 
            should  only apply  to  damages for  traditionally                 
            taxable compensatory damage.  It should not  apply                 
            to compensation  for medical  costs incurred.   As                 
            written, a verdict  for medical reimbursement only                 
            could have a deduction applied, leaving the victim                 
            without full compensation for medical expenses.                    
                                                                               
       *    Section  15.    Collateral  Benefits.    Mr.  Bush                 
            suggested that  the last sentence  in proposed  AS                 
            09.17.070(b)  which allows  a plaintiff  to submit                 
            evidence of payments made for  the purchase of the                 
            collateral source should be removed.                               
                                                                               
       *    Section  20.  Expert  Witness Qualifications.   He                 
            pointed out that this section is unclear and needs                 
            substantial work.   He continued,  the section  is                 
            also  "troubling" in  its application.   When  the                 
            Task Force reviewed this concept, Dr. Wilson spoke                 
            to    the    problems    associated   with    it's                 
            implementation in a state as small as Alaska.  The                 
            solution  would   be   to   remove   proposed   AS                 
            09.20.185(a)(1) and (3), but leave in (2), thereby                 
            requiring   that   the  expert   be   trained  and                 
            experienced in  the relevant  discipline, but  not                 
            necessarily "licensed" or "board certified".                       
                                                                               
  Mr. Bush  continued, the Administration also had significant                 
  policy concerns with the following sections.                                 
                                                                               
       *    Sections 5 & 6:     Statutes of Repose.                            
       *    Section 8:               New  Cap on  Non-economic                 
            Damages.                                                           
       *    Section 10:         Punitive Damages.                              
       *    Section 15:         Collateral Benefits.                           
       *    Section 16 - 18:    Apportionment of Fault.                        
       *    Section 21:         Offers of Judgement.                           
       *    Section 36:         ER Doctors.                                    
       *    Section 62:         ADR.                                           
                                                                               
  He urged the Committee to  consider the approach recommended                 
  by the Governor.                                                             
                                                                               
  MICHAEL  LESSMEIER, LAWYER,  STATE  FARM INSURANCE  COMPANY,                 
  JUNEAU, testified  in support of  the proposed  legislation.                 
  He disagreed with  testimony that insurance rates  in Alaska                 
  are set  on a national level and that nothing done in Alaska                 
  will affect the  price of  insurance.  He  added that  State                 
  Farm  strongly   disagrees   with   that   proposition,   as                 
  established,  and  that  State Farm's  rates  in  Alaska are                 
  determined primarily by the loss experienced.  The fact that                 
                                                                               
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  State  Farm  has returned  significant  amounts of  money to                 
  policy holders is evidence of their intent.  He added, other                 
  mutual companies have  also returned money to  Alaska policy                 
  holders.                                                                     
                                                                               
  Ms.  Lessmeier believed  that the legislation  would improve                 
  losses in Alaska.  Improvement in  that loss experience will                 
  be reflected in the premiums  insurance companies charge for                 
  their products.                                                              
                                                                               
  He  spoke  to  several  additional  provisions  within   the                 
  legislation.  State Farm feels strongly that  Section 10 and                 
  the language on punitive damages, suggesting that claims are                 
  frequent.    Without   exception,  these  claims  are   time                 
  consuming  and  expensive  to  defend   and  they  impose  a                 
  tremendous  burden in confronting.   The limitation proposed                 
  in the bill would lessen the burden.                                         
                                                                               
  The second important  issue to State  Farm is the  liability                 
  provision contained in Sections 16-18.   He reminded members                 
  that in  1988, voters  in Alaska  adopted several  liability                 
  provision through the  initiative process.  The  ballot told                 
  the voters that the "initiative would make each party liable                 
  for only  the damages equal  to his or her  share of fault".                 
  Five years later, the  Supreme Court ruled that  fault could                 
  be  apportioned only  to  those who  were formally  named as                 
  parties to the  action.   Thus, instead of  the party  being                 
  liable only for damages, they could  then be held liable for                 
  damages caused by the fault of  another.  (Copy of testimony                 
  on file).                                                                    
                                                                               
  Mr. Lessmeier spoke to Section  21, which would dramatically                 
  change  the  law  on  offers  of  judgement,  a  significant                 
  incentive  to  evaluate   the  position   early  and  in   a                 
  responsible  way.   The  section simply  provides that  if a                 
  party  betters  by more  than 5%  of  an offer  of judgement                 
  entered within 60  days of  initial disclosures, that  party                 
  may recover reasonable actual attorney fees.                                 
                                                                               
  Mr. Lessmeier addressed  Section 48,  which would provide  a                 
  certain  deterrent  for   those  that  come  to   court  and                 
  intentionally make false  statements of  material fact.   He                 
  stressed that this provision was not controversial.                          
                                                                               
  Mr. Lessmeier stressed  that every person who drives  a car,                 
  buys  an  insurance   policy,  every  Alaskan  that   has  a                 
  homeowners policy  on their  home, or  who flies  to a  bush                 
  community and every small business  owner would be benefited                 
  by passage of HB  58.  He urged  the Committee's support  of                 
  the bill.                                                                    
                                                                               
  Representative J.  Davies asked  how each  of those  persons                 
                                                                               
                               10                                              
                                                                               
                                                                               
  would  be  benefited through  passage  of  the  bill.    Mr.                 
  Lessmeier replied, to  the extend that the  bill will effect                 
  "loss experience", insurance companies will  then be able to                 
  offer  an affordable  insurance  policy.   Representative J.                 
  Davies asked if "affordable" meant "cheaper".  Mr. Lessmeier                 
  affirmed that it would  be cheaper than it would  be without                 
  the  bill.    Representative  J.  Davies  pointed  out  that                 
  insurance  companies continue  to say  that  the legislation                 
  will save  money, although,  they are not  willing to  state                 
  that  consumers  will  be able  to  purchase  less expensive                 
  policies.                                                                    
                                                                               
  Mr.   Lessmeier  agreed,  but  pointed  out  that  insurance                 
  companies do not know what the Court System will do with the                 
  legislation.  He referenced the process that accompanied the                 
  initiative  passed  in 1978.    Mr. Lessmeier  distributed a                 
  handout:  THE ROLE OF PUNITIVE DAMAGES IN  CIVIL LITIGATION:                 
  NEW EVIDENCE FROM LAWSUIT FILINGS.  (Copy on file).                          
                                                                               
  PAM LABOLLE,  PRESIDENT, ALASKA  STATE  CHAMBER OF  COMMERCE                 
  (ASCC), JUNEAU, spoke in support of the proposed legislation                 
  which  would  decrease  the  costs  in resolving  cases,  to                 
  discourage   frivolous   litigation,    to   promote    fair                 
  compensation and to promote  the predictability of outcomes.                 
  (Copy of testimony on file).                                                 
                                                                               
  Ms.  LaBolle stated that  the greatest benefit  would be the                 
  change  to the punitive damage  section.  Under today's tort                 
  system, punitive damages can be assessed even when there has                 
  been no willful  act or  intentional wrongdoing on  anyone's                 
  part.   In addition, in criminal or  administrative law, the                 
  level of  punishment is pre-established.   Punitive  damages                 
  are  known  as  "litigation lottery",  because  they  can be                 
  assessed without intentional  wrong-doing on anyone's  part;                 
  she stressed that  the "sky was  the limit".  Statistics  do                 
  not show the impact of punitive damages.                                     
                                                                               
  (Tape Change HFC 97-59, Side 2).                                             
                                                                               
  Ms. LaBolle noted that the current  system is not "fair" and                 
  that the  number of lawsuits are not accurately reflected in                 
  the  statistics.  She suggested that this is one of the most                 
  flagrant abuses  of justice  existing in  Alaska's tort  law                 
  system today, and  one of  the most expensive.   The  Alaska                 
  State  Chamber  wants  to  see   parameters  put  in  place.                 
  Punitive damages should only be assessed when there is clear                 
  and convincing  evidence  of  malicious  intent,  outrageous                 
  conduct, or reckless  indifference.   There should be  equal                 
  justice for  all and that small businesses  are impacted the                 
  most by the current  system.  She strongly urged  support of                 
  HB 58.                                                                       
                                                                               
                                                                               
                               11                                              
                                                                               
                                                                               
  HB 58 was HELD in Committee for further consideration.                       
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 4:00 P.M.                                           
                                                                               
                                                                               
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