Legislature(1993 - 1994)

03/31/1994 01:40 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         March 31, 1994                                        
                            1:40 p.m.                                          
                                                                               
  TAPE HFC 94-102, Side 2, #000 - end.                                         
  TAPE HFC 94-103, Side 1, #000 - end.                                         
  TAPE HFC 94-103, Side 2, #000 - end.                                         
  TAPE HFC 94-104, Side 1, #000 - 061.                                         
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House  Finance Committee to order                 
  at 1:40 p.m.                                                                 
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson             Representative Hoffman                           
  Co-Chair MacLean            Representative Martin                            
  Vice-Chair Hanley           Representative Navarre                           
  Representative Brown        Representative Parnell                           
  Representative Foster       Representative Therriault                        
  Representative Grussendorf                                                   
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative Brian Porter; Representative Jeannette James;                 
  Paul Fuhs, Acting  Commissioner, Department of Commerce  and                 
  Economic Development; Bob Cowan, Attorney, Exxon Plaintiffs,                 
  Kenai; Thomas Beltz, Wassila; Roger Holmes,  Attorney, Bliss                 
  and  Holmes,  Anchorage;  Keith  Wasserman, Delta  Junction;                 
  Brent Lafave, MatSu; Patti Rizer, Anchorage; Harlan Knudson,                 
  President,  Hospital  Association;  Kristi Wasserman,  Delta                 
  Junction;   Richard   Cattanach,  United   Construction  Co,                 
  Anchorage; Les  Gara, Attorney, Anchorage;  Sheldon Winters,                 
  State  Farm; Christian  Berrigan,  Anchorage; Doug  Millard,                 
  MatSu; Bruce Rizzer, Anchorage; Suzanne Perry, Department of                 
  Health and Social Services;  Bernard Goodno, Delta Junction;                 
  Leigh Dennison,  Delta Junction; Derring  Jones, MatSu; Bill                 
  Jones, Barrow; David Williams, Fairbanks; Don Chase, Valdez;                 
  Clement Boucher,  Valdez; Roger  Rothschild, Bethel;  Lauree                 
  Hugonin,  Bethel;  Jeff   Feldman,  Anchorage;  Court  Owen,                 
  Anchorage;  Rob  Wiseman,  Kenai;  Larry  Petty,  Fairbanks;                 
  Harris  Stuermer, Barrow; Don  Bain, Anchorage; Eldon Glein,                 
  Cordova;  Roy White,  MatSu; Bruce  McLaughlin, Tok;  Morris                 
  Thompson, Anchorage; Arthur Couch, Kenai; Kevin Morford, Co-                 
  Chair, Green Party; Carol  McConnell, Seward; Mike Scheider,                 
  Anchorage; Dennis  Packer, Northslope Borough  Department of                 
  Public  Safety,  Barrow; Ray  Holmes, Valdez;  Neil Cameron,                 
  Anchorage;   Darrel   Nelson,   Anchorage;  Bonnie   Nelson,                 
  Anchorage;  Ray  Brown,  Attorney,  Anchorage;  C.W.  Floyd,                 
  Anchorage; Ronald Fullerton, Anchorage.                                      
                                                                               
                                1                                              
                                                                               
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HB 292    "An Act relating to civil actions; amending Alaska                 
            Rules of Civil Procedure 49  and 68; and providing                 
            for an effective date."                                            
                                                                               
            HB 292 was assigned  to a subcommittee  consisting                 
            of   Representative   Parnell    as   Chair    and                 
            Representatives  Hanley,   MacLean,  Navarre   and                 
            Grussendorf.                                                       
                                                                               
  HB 351    "An Act relating  to the  issuance of permits  for                 
            the carrying of a concealed weapon."                               
                                                                               
            HB   351  was  HELD   in  Committee   for  further                 
            discussion.                                                        
  HOUSE BILL NO. 292                                                           
                                                                               
       "An  Act  relating to  civil  actions;  amending Alaska                 
       Rules of  Civil Procedure 49 and 68;  and providing for                 
       an effective date."                                                     
                                                                               
  Co-Chair Larson announced that,  following public testimony,                 
  HB  CSHB  292  (JUD)  would  be  placed  in  a  subcommittee                 
  consisting   of   Representative   Parnell  as   Chair   and                 
  Representatives Hanley, MacLean, Navarre and Grussendorf.                    
                                                                               
  REPRESENTATIVE BRIAN PORTER testified in support of CSHB 292                 
  (JUD).  He asserted  that CSHB 292 (JUD) should  result in a                 
  reduction of insurance  liability rates  and a expansion  of                 
  medical services across the state.   He noted that there are                 
  opposing legal opinions  regarding the constitutionality  of                 
  statute of repose provisions in CSHB 292 (JUD).  He observed                 
  that CSHB 292  (JUD) contains many components.   He asserted                 
  that  only adoption of the  entire package contained in CSHB
  292 (JUD) will result in the desired reductions.                             
                                                                               
  BOB  COWAN, ATTORNEY,  EXXON  PLAINTIFFS  testified via  the                 
  teleconference network from Anchorage, in opposition to CSHB
  292  (JUD).   He  pointed  out  that the  limit  on punitive                 
  damages  would  be  advantageous to  large  corporations and                 
  disadvantageous to  fishing groups.   He  asserted that  the                 
  legislation  is   designed  to  help  outside   and  foreign                 
  corporations.                                                                
                                                                               
  TOM  BELTZ, WASILLA testified via the teleconference network                 
  in opposition to CSHB 292 (JUD).   He recounted his personal                 
  experience with Workers' Compensation.   He maintained  that                 
  the legislation will hurt the worker.                                        
                                                                               
                                                                               
                                2                                              
                                                                               
                                                                               
  ROGER HOLMES, ATTORNEY,  BLISS AND HOLMES testified  via the                 
  teleconference network from  Anchorage.  He referred  to the                 
  proposed change in rule 82.  He noted that rule 82  is being                 
  restructured.   He felt that the rule  is being strengthened                 
  and will discourage frivolous lawsuits and force individuals                 
  to accept a reasonable offer.                                                
                                                                               
  Mr.  Holmes addressed  the  provision  to  require  periodic                 
  payments  in judgement of $100.0 thousand dollars.  He noted                 
  that  there are  concerns that  additional litigation  would                 
  result from  disputes regarding the  provision for  periodic                 
  payments.  He felt that the courts would set standards which                 
  would prevent  additional suits.  In response  to a question                 
  by Representative Martin, Mr. Holmes  discussed the awarding                 
  of attorney fees.                                                            
                                                                               
  KEITH  WASSERMAN,   DELTA   JUNCTION   testified   via   the                 
  teleconference  network in opposition to CSHB 292 (JUD).  He                 
  questioned if  a cap  would be  placed on  judgements.   Mr.                 
  Porter  noted  that  an  individual  can  receive  economic,                 
  punitive, or non-economic recovery.   He observed that under                 
  economic recovery  all past and future lost  wages without a                 
  cap  can be  awarded.   Under economic recovery  all medical                 
  expensives, past  and future,  can be  awarded with  no cap.                 
  There  is  a  $500.0 thousand  dollars  cap  on non-economic                 
  damages, such as  pain and suffering.   The cap for  serious                 
  physical impairment  has been  expanded  to $750.0  thousand                 
  dollars.  Punitive  damages could be  awarded with a cap  of                 
  $200.0 thousand  dollars or  three times  the amount  of non                 
  economic and economic damages whichever is greater.                          
                                                                               
  BRENT LAFAVE, MATSU testified via the teleconference network                 
  in  opposition  to  HB CSHB  292  (JUD).    He detailed  his                 
  personal injuries and experience with Workers' Compensation.                 
  He  emphasized that  the  individual worker  is not  able to                 
  afford lawyers and doctors to testify on their behalf during                 
  insurance disputes.                                                          
                                                                               
  PATTI  RIZER,  ANCHORAGE  testified via  the  teleconference                 
  network opposition  to CSHB 292 (JUD).   She maintained that                 
  the  legislation  favors  big  business  and  makes  victims                 
  responsible. She referred to litigation  involving her son's                 
  death at a ski resort.                                                       
                                                                               
  HARLAN KNUDSON, PRESIDENT  HOSPITAL ASSOCIATION testified in                 
  support of tort  reform.  He maintained that individuals are                 
  being denied the best quality medical  care due to the costs                 
  of health insurance.  He asserted that  inaction will result                 
  in a hole in the cost of health care.                                        
                                                                               
  KRISTI WASSERMAN  testified via the  teleconference network.                 
  In response to a question by Ms. Wasserman, Representative                   
                                                                               
                                3                                              
                                                                               
                                                                               
  Porter  noted  that  California has  initiated  similar tort                 
  reform.  He noted that in the fifteen years since California                 
  tort reform laws were adopted, medical malpractice insurance                 
  has  risen by  85 percent in  the state of  California.  The                 
  rest  of the  nation experienced  a 400 percent  increase in                 
  medical malpractice insurance.                                               
                                                                               
  RICHARD  CATTANACH,  UNITED CONSTRUCTION  COMPANY, ANCHORAGE                 
  testified via the teleconference network  in support of CSHB
  292 (JUD).  He  noted that there is no statute  of repose in                 
  Alaska.     He   explained   that  a   contractor   retains,                 
  indefinitely,   responsibility   for   any   building   they                 
  construct.   He asserted  that only  .50 cents  on a  dollar                 
  spent in tort  reform goes to  the claimant.  He  maintained                 
  that the  legislation will  get more  money to  the claimant                 
  while lowering insurance costs.                                              
                                                                               
  LES   GARA,   ATTORNEY,    ANCHORAGE   testified   via   the                 
  teleconference network in  opposition to CSHB 292 (JUD).  He                 
  referred to the six  year statute of repose.   He noted that                 
  there is a two year statute of repose provision for doctors.                 
  He explained  that the  statute of  repose provisions  would                 
  prevent litigation if the individual does not find out about                 
  the  injury until 6 or 2  year after the action takes place.                 
  He  gave  examples of  cases  of  injury that  would  not be                 
  compensated under the statute  of repose.  He noted  that it                 
  is   possible  for  contamination  from  faulty  storage  of                 
  hazardous  waste to  take place  years after  the  tanks are                 
  stored.                                                                      
                                                                               
  (Tape Change, HFC 94-103, Side 1)                                            
                                                                               
  SHELDON  WINTERS,  ATTORNEY,  STATE FARM  INSURANCE  COMPANY                 
  testified  in  support  of CSHB  292  (JUD).   He  discussed                 
  provisions dealing with prejudgment interest.  He noted that                 
  the  legislation ties  prejudgment interest  to  the federal                 
  district  reserve  rate.    There  would be  no  prejudgment                 
  interest on future damages.  Any damage for future wage loss                 
  would be reduced  by the amount  that would have been  taken                 
  out  for  federal  or state  income  taxes.   Representative                 
  Porter  explained  that the  intent  is that  the individual                 
  receive what their  net income would  have been.  No  income                 
  tax will be paid on the award.                                               
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act  relating to  the issuance  of permits  for the                 
       carrying of a concealed weapon."                                        
                                                                               
  CHRISTIAN    BERRIGAN,    ANCHORAGE   testified    via   the                 
  teleconference network in support  of HB 351.  He  urged the                 
  Committee to take prompt action.                                             
                                                                               
                                4                                              
                                                                               
                                                                               
  DOUG MILLARD, MATSU testified via the teleconference network                 
  in support  of HB  351.   He asserted  that the  legislation                 
  would not  increase the number of illegally  held hand guns.                 
  He noted  that Washington state has initiated a similar law.                 
                                                                               
  HOUSE BILL NO. CSHB 292 (JUD)                                                
                                                                               
       "An  Act relating  to  civil  actions; amending  Alaska                 
       Rules of Civil  Procedure 49 and 68;  and providing for                 
       an effective date."                                                     
                                                                               
                                                                               
  BRUCE  RIZER,  ANCHORAGE  testified via  the  teleconference                 
  network in opposition to CSHB 292 (JUD).  He maintained that                 
  the function of tort law is  to hold persons responsible for                 
  their actions.  He recounted  his experience with litigation                 
  resulting from the  tragic death  of his son.   He  asserted                 
  that  insurance  companies  use  every  maneuver  to  stymie                 
  investigation and  drive the  cost of  litigation up,  while                 
  denying any responsibility                                                   
                                                                               
  PAUL FUHS,  ACTING COMMISSIONER, DEPARTMENT OF  COMMERCE AND                 
  ECONOMIC DEVELOPMENT noted  that the  lack of  a statute  of                 
  repose is  effecting the  state's ability  to promote  value                 
  added manufacturing in Alaska.                                               
  HOUSE BILL NO. 351                                                           
                                                                               
       "An  Act relating  to the issuance  of permits  for the                 
       carrying of a concealed weapon."                                        
                                                                               
  SUZANNE  PERRY,  DIVISION  OF  ALCOHOLISM  AND  DRUG  ABUSE,                 
  DEPARTMENT OF HEALTH AND SOCIAL  SERVICES expressed concerns                 
  in regards  to HB  351.  She  noted that  the Department  is                 
  concerned   with  the  provision   requiring  a  medical  or                 
  professional individual to attest that the person requesting                 
  the permit  is not or  has not  been under the  influence of                 
  alcohol  or other  drugs.    She  noted that  the  patient's                 
  confidentiality under treatment is federally regulated.  She                 
  favored the CSHB 351 (STA) version.                                          
                                                                               
  BERNARD   GOODNO,   DELTA   JUNCTION   testified   via   the                 
  teleconference  network in support  of HB 351.   He asserted                 
  that the Constitution does not  make the distinction between                 
  a concealed or non-concealed weapon.                                         
                                                                               
  LEIGH   DENNISON,   DELTA   JUNCTION   testified   via   the                 
  teleconference network  in support of HB 351.  He questioned                 
  the provision for permitting concealed weapons.                              
                                                                               
                                                                               
                                5                                              
                                                                               
                                                                               
  DERRING  JONES,  MATSU  testified   via  the  teleconference                 
  network in support of HB 351.                                                
                                                                               
  BILL JONES, BARROW testified via the teleconference  network                 
  in support of  HB 351.   He asserted  that citizens need  to                 
  protect themselves.                                                          
                                                                               
  DAVID WILLIAMS,  FAIRBANKS testified via  the teleconference                 
  network  in  support of  HB  351.   He  maintained  that the                 
  Constitution protects the right to bare arms.                                
                                                                               
  DON CHASE,  VALDEZ testified via the  teleconference network                 
  in support of HB 351.                                                        
                                                                               
  CLEMENT BOUCHER, GLENNALLEN testified via the teleconference                 
  network  in  support of  HB 351.    He objected  to language                 
  allowing a  municipality or established village  to prohibit                 
  the possession of a concealed handgun.                                       
                                                                               
  ROGER ROTHSCHILD,  BETHEL testified  via the  teleconference                 
  network  in  support of  HB  351.   He  maintained  that the                 
  legislation  would allow  honest  law  abiding  citizens  to                 
  protect themselves.                                                          
                                                                               
  LAUREE HUGONIN, TUNDRA  WOMEN'S COALITION, BETHEL  testified                 
  via the teleconference network in opposition to HB 351.  She                 
  suggested that homicide  against women is most likely  to be                 
  at the hands of a spouse or acquaintance.  She stressed that                 
  men of  influence and high  public standing are  involved in                 
  domestic violence.  She maintained that the legislation will                 
  result in more violent actions.                                              
  HOUSE BILL NO. CSHB 292 (JUD)                                                
                                                                               
       "An  Act  relating to  civil  actions;  amending Alaska                 
       Rules of Civil  Procedure 49 and 68; and  providing for                 
       an effective date."                                                     
                                                                               
  JEFF   FELDMAN,  ATTORNEY,   ANCHORAGE  testified   via  the                 
  teleconference network in opposition to CSHB 292 (JUD).   He                 
  asserted that CSHB 292 (JUD) is a "fundamental attack on the                 
  system of justice in  Alaska."  He maintained that  CSHB 292                 
  (JUD)  is special  interest  legislation  that  affects  and                 
  benefits  wrongdoers,   whose  conduct   injures  or   kills                 
  Alaskans.     He   observed   that   insurers  and   outside                 
  corporations will benefit from the  legislation.  He alleged                 
  that the "court  house doors will be  locked before Alaskans                 
  have reason to  know they  have been victimized."   He  gave                 
  examples  of how  the six year  statute of  limitation could                 
  affect victims.                                                              
                                                                               
  Mr. Feldman referred to  a letter by the Department  of Law,                 
                                                                               
                                6                                              
                                                                               
                                                                               
  March 8, 1994 (copy  on file).  He asserted that  if victims                 
  are not  able to  obtain compensation  from wrongdoers,  the                 
  state will have the obligation through medicare and medicaid                 
  requirements to  financially supporting  those Alaskans  who                 
  cannot obtain compensation.                                                  
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act  relating to  the issuance of  permits for  the                 
       carrying of a concealed weapon."                                        
                                                                               
  COURT  OWEN,  ANCHORAGE  testified  via  the  teleconference                 
  network in support of HB 351.                                                
                                                                               
  ROB WISEMAN,  KENAI testified via the teleconference network                 
  in support of  HB 351.   He maintained  that the failure  to                 
  adopt  HB  351  will  send  citizens  the  message that  the                 
  legislature does not  believe they should have the  right to                 
  carry a concealed hand gun.                                                  
                                                                               
  WESLEY CASTEGNO testified via the  teleconference network in                 
  support of HB 351.  He  asserted that reclining oil revenues                 
  will result in a  decrease in law enforcement.   He observed                 
  that there has been an increase in gang activity.                            
                                                                               
  (Tape Change, HFC 94-103, Side 2)                                            
                                                                               
  LARRY  PETTY,  FAIRBANKS  testified  via the  teleconference                 
  network  in  support  of  HB  351.    He noted  that  he  is                 
  representing 35 persons who  favor HB 351.  He  urged prompt                 
  action.                                                                      
                                                                               
  HARRIS  STUERMER, BARROW  testified  via the  teleconference                 
  network  in  support  of  HB  351.   He  asserted  that  the                 
  legislation recognizes a citizen's right and  responsibility                 
  to provide for  his or her  personal safety.  He  maintained                 
  that  the  legislation  establishes  a  reasonable  test  to                 
  character and competence with a hand gun.                                    
                                                                               
  DON BAIN, ANCHORAGE testified via the teleconference network                 
  in support  of HB 351.  He  observed that the legislation is                 
  fee funded.                                                                  
                                                                               
  ELDON  GLEIN,  CORDOVA  testified  via  the   teleconference                 
  network in support of HB 351.                                                
                                                                               
  KEN HENDRICKS,  ANCHORAGE testified  via the  teleconference                 
  network in support of HB 351.                                                
                                                                               
  ROY WHITE, MATSU testified via the teleconference network in                 
  support  of  HB 351.   He  objected  to language  allowing a                 
  municipality  or   established  village   to  prohibit   the                 
                                                                               
                                7                                              
                                                                               
                                                                               
  possession of a concealed handgun.                                           
                                                                               
  BRUCE  MACLAUGLIN,  TOK  testified  via  the  teleconference                 
  network in support  of HB 351.  He objected to  requirements                 
  for permits of concealed weapons.                                            
                                                                               
  MORRIS THOMPSON, ANCHORAGE testified  via the teleconference                 
  network in opposition to  HB 351.  He stressed  that Village                 
  Public Safety  Officers  and Child  Protection Officers  are                 
  unarmed  and   may  be   involved  in   emotionally  charged                 
  situations where weapons  are involved.   He suggested  that                 
  villages should be allowed to opt in to the legislation, not                 
  have to opt out.                                                             
                                                                               
  ARTHUR COUCH, KENAI testified via the teleconference network                 
  in  support  of HB  351.   He  maintained that  since police                 
  cannot be at the scene of a crime citizens should be able to                 
  carry a concealed weapon for protection.                                     
  HOUSE BILL NO. CSHB 292 (JUD)                                                
                                                                               
       "An  Act  relating  to civil  actions;  amending Alaska                 
       Rules of Civil Procedure  49 and 68; and providing  for                 
       an effective date."                                                     
                                                                               
  KEVIN  MORFORD,  CO-CHAIR,  GREEN PARTY  testified  via  the                 
  teleconference  network in opposition to CSHB 292 (JUD).  He                 
  noted that the  Green Party unanimously passed  a resolution                 
  opposing CSHB 292 (JUD).  He maintained that  the right to a                 
  trial by jury is a constitutional right of great importance.                 
  He observed that a civil jury trial is the only legal remedy                 
  available as  a manner  of right  to persons  who have  been                 
  injured by the negligence  of others.  He asserted  that the                 
  legislation is the result of a lobbing effort on the part of                 
  insurance companies and other special  interest groups which                 
  wish to reduce  their potential liability to the  victims of                 
  negligence.                                                                  
                                                                               
  Mr. Morford suggested that the best way to lower the cost of                 
  civil litigation is  to fund  consumer protection and  enact                 
  regulations to ensure that injuries do not happen.                           
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act  relating to  the issuance of  permits for  the                 
       carrying of a concealed weapon."                                        
                                                                               
  CAROL  MCCONNELL, SEWARD  testified  via the  teleconference                 
  network in support of  HB 351.  She  maintained that she  is                 
  not able  to protect herself any  other way than to  carry a                 
  concealed gun.                                                               
                                                                               
                                                                               
                                8                                              
                                                                               
                                                                               
  KRISTI WASSERMAN, ANCHORAGE testified via the teleconference                 
  network in support of HB 351.  She noted that she could be a                 
  victim  at  any  time.    She  emphasized  that  she  has  a                 
  constitutional right to protect herself.                                     
  HOUSE BILL NO. CSHB 292 (JUD)                                                
                                                                               
       "An  Act  relating  to civil  actions;  amending Alaska                 
       Rules of Civil  Procedure 49 and 68; and  providing for                 
       an effective date."                                                     
                                                                               
  MIKE SCHEINDER,  ANCHORAGE testified via  the teleconference                 
  network in opposition  to CSHB  292 (JUD).   He referred  to                 
  Kaiser versus  Brian Electric 695  federal section 207.   He                 
  noted that faulty wiring caused the death of 160 people in a                 
  restaurant.  Under CSHB 292  (JUD) litigation resulting from                 
  the  deaths resulting from the faulty  wiring would not have                 
  been allowed due to the statute of repose.  He observed that                 
  there is no provision to assist  consumers in any aspects of                 
  their  endeavors or  makes  access to  justice  easier.   He                 
  discussed the Canadian system.                                               
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act relating  to the  issuance of  permits for  the                 
       carrying of a concealed weapon."                                        
                                                                               
  DENNIS PACKER,  DIRECTOR, NORTHSLOPE  BOROUGH DEPARTMENT  OF                 
  PUBLIC  SAFETY,  BARROW  testified  via  the  teleconference                 
  network in opposition to HB 351.  He maintained that present                 
  law adequately address the possession or carrying of weapons                 
  for hunting and  protection in the  home.  He stressed  that                 
  the legislation  will place a  burden on law  enforcement to                 
  track records.  He  suggested the legislation will  cause an                 
  additional  hazard  to   law  enforcement   officers.     He                 
  emphasized that the legislation does  not guarantee the safe                 
  or sensible use  by citizens carrying concealed weapons.  He                 
  noted that the general public will not be trained in the use                 
  of deadly force.  He asserted that HB 351 will not reduce or                 
  prevent crime.  He urged that  funding for the Department of                 
  Law and the Department of Public Safety be increased to meet                 
  law enforcement needs.                                                       
                                                                               
  RAY HOLMES, VALDEZ testified via the  teleconference network                 
  in support of HB 351.  He stressed that citizens should have                 
  the right to protect themselves and their families.                          
                                                                               
  KEITH WASSERMAN, ANCHORAGE  testified via the teleconference                 
  network  to HB 351.  He noted  that gun legislation does not                 
  stop crime.   He opposed language allowing a municipality or                 
  established   village  to  prohibit   the  possession  of  a                 
  concealed hand gun.                                                          
                                                                               
                                9                                              
                                                                               
                                                                               
  NEIL  CAMERON, ANCHORAGE  testified  via the  teleconference                 
  network in support of HB 351.  He noted that the legislation                 
  has broad support.                                                           
  HOUSE BILL NO. CSHB 292 (JUD)                                                
                                                                               
       "An  Act  relating  to civil  actions;  amending Alaska                 
       Rules of Civil  Procedure 49 and 68; and  providing for                 
       an effective date."                                                     
                                                                               
  DARREL  NELSON, ANCHORAGE  testified via  the teleconference                 
  network in opposition  to HB  CSHB 292 (JUD).   He  stressed                 
  that a  child will  not know what  happened to  them by  age                 
  eight.   He stressed  that a child  of eight is  not able to                 
  handle the litigation  process.  He  noted that parents  may                 
  not know  the law well  enough to  instigate proceedings  on                 
  behalf of their children.                                                    
                                                                               
  BONNIE   NELSON,  AKPIRG,   ANCHORAGE   testified  via   the                 
  teleconference network in opposition to CSHB 292 (JUD).  She                 
  maintained that there are not a  lot of frivolous law suits.                 
  She suggested  that a neutral  body be commissioned  to look                 
  into the impacts of the legislation.                                         
  HOUSE BILL NO. 351                                                           
                                                                               
       "An Act  relating to  the issuance  of permits for  the                 
       carrying of a concealed weapon."                                        
                                                                               
  RAY   BROWN,   ATTORNEY,   ANCHORAGE   testified   via   the                 
  teleconference network  against HB  351.   He asserted  that                 
  victims suffer when a gun is involved.  He observed that law                 
  enforcement officers have  strict guidelines for the  use of                 
  deadly  force.  He implied that  innocent bystanders will be                 
  at  risk  if  the legislation  is  passed.    He noted  that                 
  liability  insurance will not be  a condition of the permit.                 
  He stressed that law enforcement  officers will not know who                 
  is armed.  He pointed out  that good intentioned persons may                 
  become intoxicated while possessing firearms.  He noted that                 
  there is no mechanism  to determine if someone is  passively                 
  or  actively  psychotic unless  they  have  been adjudicated                 
  under title 47.  He alleged that the bill is underfunded.                    
                                                                               
  (Tape Change, HFC 94-104, Side 1)                                            
                                                                               
  C.W.  FLOYD,  ANCHORAGE  testified  via  the  teleconference                 
  network in support of HB 351.  He alleged that criminals are                 
  not  waiting for  the legislation.   He maintained  that the                 
  criminal element is armed.                                                   
                                                                               
  RONALD FULLERTON, ANCHORAGE testified via the teleconference                 
                                                                               
                               10                                              
                                                                               
                                                                               
  network in support of HB 351.  He noted that his wife drives                 
  at night  in bad neighborhoods.   He wished her  to have the                 
  right to be armed.                                                           
                                                                               
  HB 351 was HELD in Committee for further discussion.                         
                                                                               
  CSHB 292 (JUD) was assigned to  a subcommittee consisting of                 
  Representative Parnell as Chair and Representatives  Hanley,                 
  MacLean, Navarre and Grussendorf.                                            
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 4:05 p.m.                                           
                                                                               
                                                                               
                               11                                              

Document Name Date/Time Subjects