Legislature(2005 - 2006)BUTROVICH 205

05/03/2006 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 442 HEALTH CARE DECISIONS TELECONFERENCED
Moved CSHB 442(JUD) am Out of Committee
+= HB 190 REQUIRED ID FOR PURCHASING ALCOHOL TELECONFERENCED
Moved CSHB SCS 190(JUD) Out of Committee
+ HB 322 SAFE SURRENDER OF BABIES TELECONFERENCED
Moved CSHB 322(JUD) am Out of Committee
+= HJR 9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT TELECONFERENCED
Heard & Held
+ SJR 17 COLLECT MORE EXXON VALDEZ SPILL DAMAGES TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                          May 3, 2006                                                                                           
                           8:38 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 442(JUD) am                                                                                               
"An  Act  relating  to  the   validity  of  advance  health  care                                                               
directives,  individual  health  care instructions,  and  do  not                                                               
resuscitate orders; relating to  the revocation of advance health                                                               
care directives; relating to do  not resuscitate orders; relating                                                               
to  resuscitative   measures;  relating  to  the   liability  and                                                               
discipline   of   health   care  providers,   institutions,   and                                                               
facilities;   relating  to   proceedings  for   judicial  relief;                                                               
relating  to  an individual's  capacity  for  making health  care                                                               
decisions; and providing for an effective date."                                                                                
     MOVED CSHB 442(JUD) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 190(FIN)                                                                                                  
"An Act  relating to the  purchase of alcoholic beverages  and to                                                               
access  to licensed  premises; relating  to  civil liability  for                                                               
certain persons  accessing licensed premises;  requiring driver's                                                               
licenses and  identification cards  to be marked  if a  person is                                                               
restricted from  consuming alcoholic beverages  as a result  of a                                                               
conviction or  condition of probation  or parole and  relating to                                                               
fees  for the  marked license;  and requiring  the surrender  and                                                               
cancellation of driver's licenses under certain circumstances."                                                                 
     MOVED SCS CSHB 190(JUD) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 322(JUD) am                                                                                               
"An  Act relating  to infants  who  are safely  surrendered by  a                                                               
parent shortly after birth."                                                                                                    
     MOVED CSHB 322(JUD) am OUT OF COMMITTEE                                                                                    
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 9 am                                                                                                 
Urging  the  United States  Congress  to  honor the  process  and                                                               
judgment of  the federal courts in  the case of the  Exxon Valdez                                                               
disaster  and to  refrain from  enacting  legislation that  would                                                               
affect the outcome of the courts' resolution of the case.                                                                       
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 17                                                                                                  
Urging the  United States  Department of  Justice and  the Alaska                                                               
Department of Law  to identify all natural  resource damages from                                                               
the Exxon  Valdez oil spill  that were unanticipated at  the time                                                               
of the 1991  settlement, to develop plans to  remedy the damages,                                                               
and to present the ExxonMobil  Corporation with a request for the                                                               
full  $100,000,000 that  is available  through the  "Reopener for                                                               
Unknown Injury" clause of the  1991 civil settlement to carry out                                                               
these plans.                                                                                                                    
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 442                                                                                                                  
SHORT TITLE: HEALTH CARE DECISIONS                                                                                              
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH                                                                                         
                                                                                                                                
02/10/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/06       (H)       HES, JUD                                                                                               
02/21/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/21/06       (H)       Scheduled But Not Heard                                                                                
02/23/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/23/06       (H)       Heard & Held                                                                                           
02/23/06       (H)       MINUTE(HES)                                                                                            
02/28/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/28/06       (H)       Moved CSHB 442(HES) Out of Committee                                                                   
02/28/06       (H)       MINUTE(HES)                                                                                            
03/03/06       (H)       HES RPT CS(HES) NT 4DP 1NR                                                                             
03/03/06       (H)       DP: SEATON, GARDNER, KOHRING, WILSON;                                                                  
03/03/06       (H)       NR: CISSNA                                                                                             
03/24/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/24/06       (H)       Scheduled But Not Heard                                                                                
03/27/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/27/06       (H)       Moved CSHB 442(JUD) Out of Committee                                                                   
03/27/06       (H)       MINUTE(JUD)                                                                                            
03/29/06       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
03/29/06       (H)       DP: GARA, COGHILL, GRUENBERG, KOTT,                                                                    
                         MCGUIRE                                                                                                
04/10/06       (H)       TRANSMITTED TO (S)                                                                                     
04/10/06       (H)       VERSION: CSHB 442(JUD) AM                                                                              
04/12/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/06       (S)       HES, JUD                                                                                               
04/21/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/21/06       (S)       -- Meeting Canceled --                                                                                 
04/24/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/24/06       (S)       POSTSECONDARY    TUITION   FOR    FOSTER                                                               
                         CHILDREN                                                                                               
04/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/25/06       (S)       Scheduled But Not Heard                                                                                
04/28/06       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/28/06       (S)       Moved CSHB 442(JUD) am Out of Committee                                                                
04/28/06       (S)       MINUTE(HES)                                                                                            
04/29/06       (S)       HES RPT 5DP                                                                                            
04/29/06       (S)       DP: DYSON, ELTON, WILKEN, GREEN, OLSON                                                                 
05/02/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
05/02/06       (S)       Heard & Held                                                                                           
05/02/06       (S)       MINUTE(JUD)                                                                                            
05/03/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 190                                                                                                                  
SHORT TITLE: REQUIRED ID FOR PURCHASING ALCOHOL                                                                                 
SPONSOR(s): REPRESENTATIVE(s) FOSTER                                                                                            
                                                                                                                                
03/01/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/01/05       (H)       L&C, JUD                                                                                               
03/22/05       (H)       L&C AT 1:00 PM CAPITOL 17                                                                              
03/22/05       (H)       Heard & Held                                                                                           
03/22/05       (H)       MINUTE(L&C)                                                                                            
04/20/05       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
04/20/05       (H)       Moved CSHB 190(L&C) Out of Committee                                                                   
04/20/05       (H)       MINUTE(L&C)                                                                                            
04/22/05       (H)       L&C RPT CS(L&C) NT 3DP 2NR                                                                             
04/22/05       (H)       DP: CRAWFORD, LYNN, KOTT;                                                                              
04/22/05       (H)       NR: LEDOUX, GUTTENBERG                                                                                 
04/22/05       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/10/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/06       (H)       Moved CSHB 190(JUD) Out of Committee                                                                   
02/10/06       (H)       MINUTE(JUD)                                                                                            
02/13/06       (H)       JUD RPT CS(JUD) NT 1DP 4NR                                                                             
02/13/06       (H)       DP: WILSON;                                                                                            
02/13/06       (H)       NR: GARA, KOTT, GRUENBERG, MCGUIRE                                                                     
03/14/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/14/06       (H)       Heard & Held                                                                                           
03/14/06       (H)       MINUTE(FIN)                                                                                            
03/24/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/24/06       (H)       Moved CSHB 190(FIN) Out of Committee                                                                   
03/24/06       (H)       MINUTE(FIN)                                                                                            
03/27/06       (H)       FIN RPT CS(FIN) NT 3DP 5NR                                                                             
03/27/06       (H)       DP: WEYHRAUCH, KERTTULA, FOSTER;                                                                       
03/27/06       (H)       NR: HAWKER, KELLY, MOSES, STOLTZE,                                                                     
                         MEYER                                                                                                  
04/24/06       (H)       TRANSMITTED TO (S)                                                                                     
04/24/06       (H)       VERSION: CSHB 190(FIN)                                                                                 
04/25/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/25/06       (S)       JUD, FIN                                                                                               
04/27/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/27/06       (S)       Scheduled But Not Heard                                                                                
04/28/06       (S)       JUD AT 9:30 AM BUTROVICH 205                                                                           
04/28/06       (S)       Scheduled But Not Heard                                                                                
05/02/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
05/02/06       (S)       Heard & Held                                                                                           
05/02/06       (S)       MINUTE(JUD)                                                                                            
05/03/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 322                                                                                                                  
SHORT TITLE: SAFE SURRENDER OF BABIES                                                                                           
SPONSOR(s): REPRESENTATIVE(s) LEDOUX, GRUENBERG                                                                                 
                                                                                                                                
01/09/06       (H)       PREFILE RELEASED 12/30/05                                                                              
01/09/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/09/06       (H)       HES, JUD                                                                                               
04/25/06       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/25/06       (H)       Moved CSHB 322(HES) Out of Committee                                                                   
04/25/06       (H)       MINUTE(HES)                                                                                            
04/26/06       (H)       HES RPT CS(HES) 4DP 1NR                                                                                
04/26/06       (H)       DP: GARDNER, GATTO, SEATON, WILSON;                                                                    
04/26/06       (H)       NR: CISSNA                                                                                             
04/26/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/26/06       (H)       Moved CSHB 322(JUD) Out of Committee                                                                   
04/26/06       (H)       MINUTE(JUD)                                                                                            
04/27/06       (H)       JUD RPT CS(JUD) 5DP                                                                                    
04/27/06       (H)       DP: GARA, KOTT, ANDERSON, GRUENBERG,                                                                   
                         MCGUIRE                                                                                                
04/28/06       (H)       TRANSMITTED TO (S)                                                                                     
04/28/06       (H)       VERSION: CSHB 322(JUD) AM                                                                              
05/01/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/01/06       (S)       JUD                                                                                                    
05/03/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HJR 9                                                                                                                   
SHORT TITLE: URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT                                                                          
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
02/14/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/14/05       (H)       RES, JUD                                                                                               
03/30/05       (H)       RES AT 1:00 PM SENATE FINANCE 532                                                                      
03/30/05       (H)       Moved Out of Committee                                                                                 
03/30/05       (H)       MINUTE(RES)                                                                                            
04/01/05       (H)       RES RPT 6DP                                                                                            
04/01/05       (H)       DP: OLSON, ELKINS, LEDOUX, CRAWFORD,                                                                   
                        RAMRAS, SAMUELS                                                                                         
04/11/05       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/11/05       (H)       Moved Out of Committee                                                                                 
04/11/05       (H)       MINUTE(JUD)                                                                                            
04/12/05       (H)       JUD RPT 4DP 3NR                                                                                        
04/12/05       (H)       DP: GRUENBERG, ANDERSON, COGHILL, GARA;                                                                
04/12/05       (H)       NR: KOTT, DAHLSTROM, MCGUIRE                                                                           
04/19/05       (H)       TRANSMITTED TO (S)                                                                                     
04/19/05       (H)       VERSION: HJR 9 AM                                                                                      
04/20/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/20/05       (S)       RES, JUD                                                                                               
04/25/05       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/25/05       (S)       Moved HJR 9 am Out of Committee                                                                        
04/25/05       (S)       MINUTE(RES)                                                                                            
04/26/05       (S)       RES RPT 3DP 1NR                                                                                        
04/26/05       (S)       DP: WAGONER, ELTON, STEDMAN                                                                            
04/26/05       (S)       NR: DYSON                                                                                              
01/25/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
01/25/06       (S)       <Bill Hearing Canceled by Sponsor>                                                                     
05/03/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SJR 17                                                                                                                  
SHORT TITLE: COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                                            
SPONSOR(s): SENATOR(s) FRENCH                                                                                                   
                                                                                                                                
02/01/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/06       (S)       RES, JUD                                                                                               
04/19/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/19/06       (S)       Scheduled But Not Heard                                                                                
04/24/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/24/06       (S)       -- Meeting Canceled --                                                                                 
04/26/06       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/26/06       (S)       Moved CSSJR 17(RES) Out of Committee                                                                   
04/26/06       (S)       MINUTE(RES)                                                                                            
04/27/06       (S)       RES RPT CS  5DP 2NR SAME TITLE                                                                         
04/27/06       (S)       DP: WAGONER, KOOKESH, ELTON, STEDMAN,                                                                  
                         STEVENS B                                                                                              
04/27/06       (S)       NR: DYSON, SEEKINS                                                                                     
05/03/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Representative Bruce Weyhrauch                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT: Sponsor of HB 442                                                                                         
                                                                                                                                
Jacqueline Tupou, Legislative Aide                                                                                              
Staff to Representative Bruce Weyhrauch                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 442                                                                      
                                                                                                                                
John Dawson, Attorney                                                                                                           
Davis Wright Tremaine LLC                                                                                                       
No address provided                                                                                                             
POSITION STATEMENT:  Testified in support of HB 442                                                                           
                                                                                                                                
Mike Schneider, Attorney                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 442                                                                        
                                                                                                                                
Paul LaBolle, Legislative Aide                                                                                                  
Staff to Representative Richard Foster                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HB 190                                                                                        
                                                                                                                                
Representative Harry Crawford                                                                                                   
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 190                                                                      
                                                                                                                                
Dean Guaneli, Chief Assistant Attorney General                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 190                                                                      
                                                                                                                                
Representative Gabrielle LeDoux                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of HB 322                                                                                        
                                                                                                                                
Christine Marasigan, Legislative Aide                                                                                           
Staff to Representative LeDoux                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Answered questions regarding HB 322                                                                      
                                                                                                                                
Tammy Sandoval, Deputy Commissioner                                                                                             
Office of Children's Services                                                                                                   
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 322                                                                      
                                                                                                                                
Jan Rutherdale, Assistant Attorney General                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 322                                                                      
                                                                                                                                
Senator Hollis French                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of SJR 17                                                                                        
                                                                                                                                
Tim Joyce, Mayor of Cordova                                                                                                     
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SJR 17                                                                           
                                                                                                                                
Robert Maxwell, Commercial Fisherman                                                                                            
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SJR 17                                                                           
                                                                                                                                
Jeff Short, Research Scientist                                                                                                  
Auke Bay Fisheries Laboratory                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SJR 17                                                                           
                                                                                                                                
Ken Adams, Research Scientist                                                                                                   
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SJR 17                                                                           
                                                                                                                                
Suzanne Hancock, Legislative Aide                                                                                               
Staff to Representative LeDoux                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HJR 9                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:38:32 AM.  Present were Senators                                                             
Hollis French,  Charlie Huggins, Gretchen Guess,  and Chair Ralph                                                               
Seekins.                                                                                                                        
                                                                                                                                
                  HB 442-HEALTH CARE DECISIONS                                                                              
                                                                                                                                
                                                                                                                                
8:39:06 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  442(JUD)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE BRUCE  WEYHRAUCH offered  to answer  questions for                                                               
the committee.                                                                                                                  
                                                                                                                                
CHAIR  SEEKINS  informed  him that  previous  testimony  from  an                                                               
attorney  representing  the   Alaska  Trial  Lawyers  Association                                                               
suggested that  the committee add  the word "negligence"  on page                                                               
5, line  16 just  before the words  "gross negligence."  He asked                                                               
Representative Weyhrauch to comment.                                                                                            
                                                                                                                                
REPRESENTATIVE   WEYHRAUCH  responded   that  the   bill  already                                                               
replaces the  words "reasonable" with  "good faith." Part  of the                                                               
reason for  that is  because the  family is  usually in  a highly                                                               
emotional state  when the  physician is  giving them  options for                                                               
the  patient, while  recognizing that  the patient  is terminally                                                               
ill. The patient  has already communicated their  desire to their                                                               
"agent" that  there be  no extraordinary  measures taken  to keep                                                               
them alive.  Often family members  insist that  every conceivable                                                               
measure be taken and so the  physician and the agent need to have                                                               
that good  faith reliance that the  advanced healthcare directive                                                               
has been specific and legally executed.                                                                                         
                                                                                                                                
The intent of  the bill is not to relieve  anyone from liability,                                                               
it is  to ensure that the  healthcare provider operate in  a good                                                               
faith manner when making decisions.                                                                                             
                                                                                                                                
8:43:48 AM                                                                                                                    
SENATOR GRETCHEN  GUESS recognized  that there  is not  a working                                                               
definition of "good faith" in statute  and yet there is a working                                                               
definition of "reasonable."                                                                                                     
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH responded  that the  working definition                                                               
of  "reasonable"  is the  same  as  "good  faith." He  said  that                                                               
"reasonable"  isn't always  a defined  term and  can't always  be                                                               
specifically  defined because  a  case will  always have  factual                                                               
nuances.                                                                                                                        
                                                                                                                                
SENATOR  GUESS asked  whether it  was his  opinion that  there is                                                               
enough case law to establish a standard for "good faith."                                                                       
                                                                                                                                
REPRESENTATIVE WEYHRAUCH said yes.                                                                                              
                                                                                                                                
JACQUELINE TUPOU  added that she  reviewed three  different cases                                                               
where "good faith" had been a  standard; it was up to the defense                                                               
to prove that there was no ulterior motive.                                                                                     
                                                                                                                                
8:46:53 AM                                                                                                                    
SENATOR HOLLIS FRENCH  said from a patient's point  of view, they                                                               
generally would want  a healthcare provider to  correct any error                                                               
that they caused  through negligence and not just use  the DNR as                                                               
an "out."                                                                                                                       
                                                                                                                                
REPRESENTATIVE  WEYHRAUCH asserted  the  bill would  not let  any                                                               
physician off the  hook for negligently causing  a terminally ill                                                               
patient to die before their time.                                                                                               
                                                                                                                                
MS. TUPOU added  that anesthesiology is not an  exact science and                                                               
too much can  often cause a person to "flat-line."  She said that                                                               
would  be a  qualifying reason  for  the physician  to bring  the                                                               
patient back to life.                                                                                                           
                                                                                                                                
8:51:27 AM                                                                                                                    
SENATOR FRENCH  asked whether this  was an emerging issue  in the                                                               
area of healthcare directives.                                                                                                  
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  said HB 442  was due to an  omission in                                                               
the  original  bill  and   healthcare  providers  recognized  the                                                               
omission  late  in the  process.  He  said  he  did not  want  to                                                               
introduce  HB 442  until he  knew that  enough research  had been                                                               
done and that it was necessary.                                                                                                 
                                                                                                                                
SENATOR GUESS said she did  not understand the reason the sponsor                                                               
was hesitant  to add  "negligence" to the  exemptions on  page 5,                                                               
line 16.                                                                                                                        
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  explained his resistance was  to ensure                                                               
that the agent and the healthcare  provider act in good faith and                                                               
that they  have the comfort level  to implement the terms  of the                                                               
advanced healthcare directive.                                                                                                  
                                                                                                                                
8:55:35 AM                                                                                                                    
SENATOR GUESS noted  that Section 9 doesn't have  "good faith" in                                                               
it anywhere. It says that  the immunity doesn't apply under gross                                                               
negligence   or   recklessness   or  intentional   actions.   The                                                               
discussion is whether to add  negligence and, she said, she still                                                               
didn't understand the reluctance.                                                                                               
                                                                                                                                
SENATOR FRENCH  referred to Section  15 and asked the  reason for                                                               
the retroactivity to 2005.                                                                                                      
                                                                                                                                
MS. TUPOU  said that  was added in  House Health,  Education, and                                                               
Social  Services   Committee  (HESS).   They  decided   that  the                                                               
liability pertaining  to the "Healthcare Act,"  should begin with                                                               
inception of the Act.                                                                                                           
                                                                                                                                
8:57:44 AM                                                                                                                    
JOHN DAWSON, Partner  in the law firm Davis  Wright Tremaine LLC,                                                               
representing  Providence  Anchorage   Anesthesia  Medical  Group,                                                               
testified.  He said  the  essence of  Section 9  is  that "it  is                                                               
fundamentally unfair  to tie  a doctor's hands  with a  DNR order                                                               
and then to sue  him when his hands have been  tied." In the case                                                               
of mere  negligence, there is  a patent unfairness  in preventing                                                               
the doctor  from giving CPR yet  putting him liable for  suit. He                                                               
noted  the  retroactivity  was   added  in  the  House  Judiciary                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR FRENCH  asked for clarification on  which House committee                                                               
made the amendment.                                                                                                             
                                                                                                                                
MS. TUPOU stood  corrected. She said initially it  was offered in                                                               
HESS   by   Representative   Paul   Seaton   but   didn't   pass.                                                               
Representative  Max  Gruenberg  then  offered  it  in  the  House                                                               
Judiciary Committee and it was accepted.                                                                                        
                                                                                                                                
9:01:17 AM                                                                                                                    
Senator Gene Therriault joined the meeting.                                                                                     
                                                                                                                                
MIKE SCHNEIDER,  Attorney, testified  that the  emotional context                                                               
of  the decisions  is a  reality.  The bill  is an  institutional                                                               
disregard  of  jury trial  and  the  reasonability of  juries  to                                                               
decide when  people act reasonably,  he accused. "That is  a path                                                               
that shouldn't  be trodden." It  takes rights away  from citizens                                                               
and gives healthcare  providers more protection than  the rest of                                                               
the population. He  said he was pleased to hear  from the sponsor                                                               
that the intent  of the bill is not to  excuse the physician from                                                               
any  negligent acts  leading  up to  the  need for  resuscitative                                                               
care.                                                                                                                           
                                                                                                                                
9:04:35 AM                                                                                                                    
CHAIR  SEEKINS  closed public  testimony  and  held the  bill  in                                                               
committee.                                                                                                                      
                                                                                                                                
           HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                        
                                                                                                                                
9:06:22 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  190(FIN)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
PAUL  LABOLLE,  Staff  to   Representative  Richard  Foster,  and                                                               
REPRESENTATIVE  HARRY  CRAWFORD  introduced  themselves  for  the                                                               
record.                                                                                                                         
                                                                                                                                
MR. LABOLLE offered a proposed  amendment for the bill to capture                                                               
municipality ordinances.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS noted  that the  proposed changes  would apply  to                                                               
version R.                                                                                                                      
                                                                                                                                
9:08:38 AM                                                                                                                    
SENATOR HOLLIS FRENCH asked Mr.  LaBolle whether the bill sponsor                                                               
considered  broader  language that  would  capture  out of  state                                                               
convictions.                                                                                                                    
                                                                                                                                
MR.  LABOLLE responded  they did  consider that  but the  drafter                                                               
advised that it would open up a "legal rats nest."                                                                              
                                                                                                                                
SENATOR FRENCH moved Amendment 1.                                                                                               
                                                      24-LS0617\R.1                                                             
                                                         Luckhaupt                                                              
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 190(FIN)                                                                                                         
                                                                                                                                
Page 2, line 9:                                                                                                                 
     Delete "or 28.35.032"                                                                                                      
     Insert ", 28.35.032, or a similar municipal ordinance"                                                                     
                                                                                                                                
Page 2, line 10:                                                                                                                
     Delete "or 28.35.032"                                                                                                      
     Insert ", 28.35.032, or a similar municipal ordinance"                                                                     
                                                                                                                                
Page 4, lines 5 - 6:                                                                                                            
     Delete "or 28.35.032"                                                                                                      
     Insert "28.35.032, or a similar municipal ordinance"                                                                       
                                                                                                                                
Page 4, line 7, following "sections":                                                                                           
     Insert "or a similar municipal ordinance"                                                                                  
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR  GENE  THERRIAULT asked  the  type  of restrictions  that                                                               
would be placed on people.                                                                                                      
                                                                                                                                
REPRESENTATIVE CRAWFORD  responded the intent  is not to  limit a                                                               
person from eating at a  particular restaurant but the bill would                                                               
attempt to prevent  that person from buying  alcohol there. Often                                                               
times with  aggravators the  judge orders a  person not  to enter                                                               
premises where alcohol is served  and also not to consume alcohol                                                               
but the intent of the bill  is not to restrict anyone from having                                                               
a meal at a restaurant.                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  noted that he had  a bill that gives  a judge                                                               
the power  to order someone  not to drink  for a period  of, say,                                                               
ten  years. He  asked  Representative Crawford  whether he  would                                                               
consider adding something like that to HB 190.                                                                                  
                                                                                                                                
REPRESENTATIVE CRAWFORD said he would consider it.                                                                              
                                                                                                                                
9:13:28 AM                                                                                                                    
DEAN  GUANELI, Chief  Assistant Attorney  General, Department  of                                                               
Law  (DOL) said  he wanted  to  clarify the  issue involving  the                                                               
scope  of the  convictions that  would  subject a  person to  the                                                               
designation  on their  license. He  agreed with  Amendment 1  but                                                               
expressed a preference  to also capture out  of state convictions                                                               
to the  extent that  the DOL  find out about  them. From  a legal                                                               
standpoint, he  said, it  is important to  make sure  that people                                                               
with other state  restrictions who move to Alaska  be treated the                                                               
same as Alaskans with restrictions.                                                                                             
                                                                                                                                
9:16:18 AM                                                                                                                    
MR.  GUANELI suggested  the  law could  be  challenged since  the                                                               
Alaska  Supreme Court  has  given a  higher  level of  protection                                                               
under the right  to privacy in the Alaska  State Constitution. He                                                               
suggested that the  committee modify the language in  the bill to                                                               
include a similar law in another jurisdiction.                                                                                  
                                                                                                                                
CHAIR SEEKINS announced a brief recess at 9:18:20 AM.                                                                         
                                                                                                                                
9:29:00 AM                                                                                                                    
SENATOR  FRENCH   moved  to  rescind  Amendment   1.  Hearing  no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
SENATOR FRENCH moved  Amendment 2. Use the  language in Amendment                                                               
1 but on lines 3, 7,  11 and 14; strike "municipal ordinance" and                                                               
insert "law  or ordinance from another  jurisdiction." Hearing no                                                               
objections, Amendment 2 was adopted.                                                                                            
                                                                                                                                
CHAIR SEEKINS held HB 190 in committee.                                                                                         
                                                                                                                                
                HB 322-SAFE SURRENDER OF BABIES                                                                             
                                                                                                                                
9:31:12 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  322(JUD)  AM to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GABRIELLE LADOUX  introduced her  aide, Christine                                                               
Marasigan.                                                                                                                      
                                                                                                                                
CHRISTINE MARASIGAN,  Staff to Representative  LeDoux, introduced                                                               
the  bill,  which she  referred  to  as  the "Safe  Surrender  of                                                               
Infants  Act."  To   date  there  are  47   states  with  similar                                                               
legislation.  It is  a bill  that would  allow parents  to safely                                                               
surrender an  infant up to  21 days  after birth without  fear of                                                               
being  criminally  prosecuted.  The  intent of  the  bill  is  to                                                               
encourage people to not abandon infants  in a way that could lead                                                               
to injury  or death.  There are  letters of  support in  the bill                                                               
packet from Planned Parenthood and the Alaska Women's Lobby.                                                                    
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked  whether the  bill  has  seen  any                                                               
opposition.                                                                                                                     
                                                                                                                                
MS. MARASIGAN stated no.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS  asked  the  current   process  for  when  someone                                                               
abandons a baby.                                                                                                                
                                                                                                                                
MS. MARASIGAN deferred the question to Tammy Sandoval.                                                                          
                                                                                                                                
9:34:13 AM                                                                                                                    
TAMMY  SANDOVAL,   Deputy  Commissioner,  Office   of  Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
introduced  herself   and  JAN  RUTHERDALE,   Assistant  Attorney                                                               
General, Department of Law (DOL).                                                                                               
                                                                                                                                
CHAIR  SEEKINS  reiterated  his   question  regarding  the  legal                                                               
process when a parent abandons a baby.                                                                                          
                                                                                                                                
MS. RUTHERDALE explained  the process for when  a mother abandons                                                               
her child under HB 190; the  official that she abandons the child                                                               
to would immediately contact OCS  and DHSS. OCS would contact the                                                               
DOL and  together they  would file  for a  petition for  child in                                                               
need of  aide (CINA). It  would be  treated as any  CINA petition                                                               
and the  grounds would be  abandonment. If the mother  refuses to                                                               
name the father  it makes things harder but that  is also common.                                                               
As  far  as issuing  a  birth  certificate,  there would  be  one                                                               
issued.                                                                                                                         
                                                                                                                                
CHAIR  SEEKINS asked  the  process  if it  were  the father  that                                                               
brings the child in.                                                                                                            
                                                                                                                                
MS. RUTHERDALE  said there  would be  no difference.  The process                                                               
would be the  same. She did note that a  paternity test is simple                                                               
to do and orders are easy to obtain.                                                                                            
                                                                                                                                
MS. SANDOVAL  added that  the issue is  to address  young mothers                                                               
who become  overwhelmed by  the prospect of  parenthood. It  is a                                                               
passionate  response,  she  said,  and the  Department  wants  to                                                               
encourage  the  parent to  surrender  the  baby without  fear  of                                                               
prosecution.  There  are  contingencies  that  state  the  parent                                                               
cannot have abused or neglected  the child. She said she believes                                                               
the bill would address the rare circumstance of abandonment.                                                                    
                                                                                                                                
9:38:16 AM                                                                                                                    
SENATOR GRETCHEN GUESS noted the purpose  of the bill was to stem                                                               
the  cases  of  children  being  abandoned  in  unsafe  areas  or                                                               
conditions.                                                                                                                     
                                                                                                                                
MS. RUTHERDALE agreed.                                                                                                          
                                                                                                                                
9:40:16 AM                                                                                                                    
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GUESS  moved  CSHB  322(JUD)   AM  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
                  HB 442-HEALTH CARE DECISIONS                                                                              
9:50:15 AM                                                                                                                    
CHAIR  RALPH  SEEKINS  announced  CSHB  442(JUD)  to  be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR HOLLIS FRENCH  moved Amendment 1. Page 5,  line 16, after                                                               
the word "by" insert the word "negligence."                                                                                     
                                                                                                                                
JACQUELINE  TUPOU,  Staff   to  Representative  Bruce  Weyhrauch,                                                               
disagreed.  She  said  it  is  necessary  to  give  doctors  more                                                               
protection from liability so that  they can continue to treat DNR                                                               
patients and  so that people are  afforded the right to  choose a                                                               
DNR directive.  Negligence is the  lowest standard to be  able to                                                               
prove, she  stated. Representative Weyhrauch has  worked hundreds                                                               
of hours  on this legislation,  she asserted, to make  sure there                                                               
is a balance  so that there will be doctors  who honor healthcare                                                               
directives and  also remain willing  to operate or  treat someone                                                               
with a DNR.                                                                                                                     
                                                                                                                                
9:54:09 AM                                                                                                                    
CHAIR SEEKINS clarified Senator French's proposed Amendment 1.                                                                  
                                                                                                                                
SENATOR GUESS said she appreciated  the passion but the committee                                                               
is here to  do the right thing. Negligence is  a standard and has                                                               
weight and  proof in a court  of law. She did  not understand the                                                               
reason for the  objection to having all the  current standards of                                                               
law  in the  bill.  She said  if  a  family is  so  upset with  a                                                               
person's  DNR  directive, they  might  sue  regardless. The  real                                                               
question is  whether or not  to hold someone accountable  for his                                                               
or her actions,  she stated. She expressed  support for Amendment                                                               
1.                                                                                                                              
                                                                                                                                
CHAIR SEEKINS  said the bill  wouldn't be letting anyone  off the                                                               
hook in terms of a negligent act.                                                                                               
                                                                                                                                
SENATOR CHARLIE  HUGGINS suggested the term  "negligence" creates                                                               
a playground for lawyers.                                                                                                       
                                                                                                                                
SENATOR  FRENCH stated  the committee  has been  asked to  make a                                                               
false   choice  between   allowing   carelessness  and   offering                                                               
immunity.  Doctors  should   be  held  to  a   standard  of  care                                                               
consistent to how  the statute reads. Without  the amendment, the                                                               
bill leaves out protection for the patients and families.                                                                       
                                                                                                                                
Roll call proved  Amendment 1 failed on a 3-2  vote with Senators                                                               
Huggins, Therriault  and Seekins voting Nay,  and Senators French                                                               
and Guess voting Yea.                                                                                                           
                                                                                                                                
SENATOR  HUGGINS  moved  CSHB 442(JUD)  am  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
                                                                                                                                
           HB 190-REQUIRED ID FOR PURCHASING ALCOHOL                                                                        
                                                                                                                                
10:01:34 AM                                                                                                                   
CHAIR  RALPH SEEKINS  announced SCS  CSHB 190(JUD)  to be  up for                                                               
consideration. He said  he preferred that the bill  be amended to                                                               
put a penalty on someone who sets a trap for profit.                                                                            
                                                                                                                                
SENATOR HOLLIS  FRENCH moved  SCS CSHB  190 (JUD)  from committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
         SJR 17-COLLECT MORE EXXON VALDEZ SPILL DAMAGES                                                                     
                                                                                                                                
10:05:53 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SJR 17 to be up for consideration.                                                                
                                                                                                                                
SENATOR  HOLLIS FRENCH  introduced the  resolution. He  explained                                                               
that  it simply  asked the  state and  the federal  government to                                                               
pursue  the "Reopener  for  Unknown Injury"  clause  in the  1991                                                               
civil settlement with  the Exxon Corporation over  the 1989 Exxon                                                               
Valdez oil spill in Prince William Sound.                                                                                       
                                                                                                                                
Since  the spill  and settlement,  scientists  have determined  a                                                               
number of unanticipated  injuries to the spill zone,  such as the                                                               
1993 crash of the herring population.  Also, crude oil has yet to                                                               
biodegrade on  many of  the beaches in  the Sound.  These issues,                                                               
among  others,  show  the necessity  of  pursuing  the  "reopener                                                               
clause" and the  $100 million dollars that would  help remedy the                                                               
harm.                                                                                                                           
                                                                                                                                
10:09:17 AM                                                                                                                   
TIM  JOYCE,  Mayor  of  Cordova,  testified  in  support  of  the                                                               
legislation. He detailed the negative  economic impacts since the                                                               
1989 Exxon Valdez oil spill  surrounding Prince William Sound. He                                                               
described the downfall of the  herring fishery and said there was                                                               
strong evidence  that the collapse  started in 1989 with  the oil                                                               
spill. The  surrounding economy has  suffered for over  ten years                                                               
and continues to suffer, he stated.                                                                                             
                                                                                                                                
There are three criteria the  government must establish to reopen                                                               
the claim; that a population,  habitat, or species has suffered a                                                               
substantial  loss  or  decline,  the  loss  or  decline  must  be                                                               
attributed to  the oil spill, and  the loss or decline  could not                                                               
have  been known  or reasonably  anticipated when  the settlement                                                               
was signed in 1991. He said  he could list at least two instances                                                               
that  meet the  criteria  including  the unanticipated  lingering                                                               
effects of the herring population.                                                                                              
                                                                                                                                
10:13:39 AM                                                                                                                   
MR. JOYCE  asserted that the  oil is lingering under  the surface                                                               
on the  beaches and would  remain a toxic environment  far longer                                                               
than the experts thought it would.                                                                                              
                                                                                                                                
ROBERT MAXWELL, Commercial Fisherman,  testified that the loss of                                                               
the herring  fishery has negatively  impacted his family  and the                                                               
community  of Cordova  profoundly.  He recalled  years past  with                                                               
great herring  fisheries and  the accompanying  positive economic                                                               
impacts. He testified in support of SJR 17.                                                                                     
                                                                                                                                
10:16:49 AM                                                                                                                   
JEFF SHORT,  Research Scientist,  Auke Bay  Fisheries Laboratory,                                                               
offered to answer questions regarding  research done on the Exxon                                                               
Valdez oil spill and the effects of the lingering oil.                                                                          
                                                                                                                                
SENATOR FRENCH asked Mr. Short  to give the committee an overview                                                               
of  the  research they  have  done  and  of  the effects  of  the                                                               
lingering oil.                                                                                                                  
                                                                                                                                
MR. SHORT complied. He said the  study was sponsored by the Exxon                                                               
Valdez Trustee  Council and was  executed in the summer  of 2001.                                                               
It was  a random sampling  design aimed at providing  an estimate                                                               
of the amount  of oil left. They sampled over  90 beaches and dug                                                               
over  7000  pits.  They  estimate between  100-200  tons  of  oil                                                               
remains  on the  subsurface of  the beach,  meaning it  is mainly                                                               
non-visible. Oil  that remains visible  on the beach is  hard and                                                               
resembles  pavement. The  beaches are  still extremely  toxic and                                                               
will remain so indeterminately.                                                                                                 
                                                                                                                                
10:20:07 AM                                                                                                                   
MR.   SHORT  continued   the  area   of  damage   corresponds  to                                                               
approximately six miles of  shoreline. Studies conducted indicate                                                               
the oil  dissipation through natural processes  is extremely slow                                                               
and is expected to remain for several decades.                                                                                  
                                                                                                                                
CHAIR  SEEKINS asked  Mr.  Short whether  there  is a  scientific                                                               
connection between the  oil spill and the decline  of the herring                                                               
fishery.                                                                                                                        
                                                                                                                                
MR. SHORT said  that is a difficult question  because the science                                                               
is  not clear.  There  is a  reason  to believe  there  may be  a                                                               
relationship but reason to believe otherwise, he said.                                                                          
                                                                                                                                
10:23:25 AM                                                                                                                   
CHAIR  SEEKINS asked  Mr.  Short whether  there  have been  other                                                               
fisheries negatively  impacted by  something not connected  to an                                                               
oil spill.                                                                                                                      
                                                                                                                                
MR. SHORT  said yes. There  was a  major herring stock  in Russia                                                               
that vanished in the 1950s for unknown reasons.                                                                                 
                                                                                                                                
CHAIR SEEKINS  asked whether  there was a  similar impact  in any                                                               
Alaska fishery.                                                                                                                 
                                                                                                                                
MR.  SHORT said  not on  the scale  of the  Prince William  Sound                                                               
incident. He conceded he was not  an expert in that arena, but as                                                               
an  environmental  chemist  he  was  specifically  following  the                                                               
herring fishery closely.                                                                                                        
                                                                                                                                
KEN ADAMS,  Cordova, testified in  support of the  resolution. He                                                               
said  he  is  one  of  the stakeholders  trying  to  achieve  the                                                               
application  of  science for  the  improvement  of fisheries.  He                                                               
spoke about  the Herring Summit  that was held by  the ExxonMobil                                                               
Corporation  in  Anchorage  in  April of  2006.  A  dozen  expert                                                               
scientists  and other  stakeholders attended  and testified.  The                                                               
group  presented a  plan to  aid the  restoration of  herring, as                                                               
they believe  that through direct  intervention something  can be                                                               
done. The  current population estimate  is at 17,000  tons. Prior                                                               
to  the  oil spill  the  population  estimate was  120,000  tons.                                                               
"Nature is not aiding the recovery of herring," he said.                                                                        
                                                                                                                                
10:27:31 AM                                                                                                                   
MR. ADAMS  said the  group proposed to  utilize the  expertise of                                                               
fishermen and  scientists toward  a major  resource plan  that he                                                               
referred   to   as   the  "sound   ecosystem   assessment."   The                                                               
intervention  program  would  involve  moving  herring  eggs  and                                                               
larvae  into  locations that  would  make  it more  suitable  for                                                               
survival.  He explained  the technique  to be  used to  track the                                                               
movement   of   herring    called   "otolith   marking"   through                                                               
spectrophotometry.                                                                                                              
                                                                                                                                
MR.  ADAMS compared  Prince William  Sound with  Sitka Sound  and                                                               
said that  for years  the two  herring fisheries  were identical.                                                               
However,  after  the  oil  spill,  the two  could  no  longer  be                                                               
compared.  Sitka  Sound  continues  to  be  a  normal  productive                                                               
fishery and Prince William Sound is not.                                                                                        
                                                                                                                                
10:32:38 AM                                                                                                                   
CHAIR SEEKINS held the resolution in committee.                                                                                 
                                                                                                                                
        HJR 9-URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT                                                                     
                                                                                                                                
10:33:18 AM                                                                                                                   
CHAIR RALPH SEEKINS announced HJR 9 to be up for consideration.                                                                 
                                                                                                                                
SUZANNE  HANCOCK,  Staff   to  Representative  Gabrielle  LeDoux,                                                               
introduced the resolution. More than  11 years after the original                                                               
jury verdict, the plaintiffs are  still waiting for resolution of                                                               
the  lawsuit.  The  resolution   would  urge  the  United  States                                                               
Congress  to  respect  the  judicial  process  and  refrain  from                                                               
enacting any  legislation that would  reduce or delay  payment of                                                               
the punitive damages awarded to  more than 32,000 plaintiffs as a                                                               
result of the  oil spill. ExxonMobil has  sought to substantially                                                               
reduce the  punitive damages they  are due  to pay for  the Exxon                                                               
Valdez  oil  spill.  HJR  9  urges Congress  to  let  the  courts                                                               
determine the matter.                                                                                                           
                                                                                                                                
10:34:58 AM                                                                                                                   
MS. HANCOCK directed  committee members to a  lengthy timeline of                                                               
litigation in their bill packets.  The litigation has been in the                                                               
district courts, the Ninth Circuit  Courts, and the United States                                                               
Supreme Court.  If Congress were  to get involved, it  would take                                                               
the issue out of courts and  the resolution is meant to encourage                                                               
them not to intervene.                                                                                                          
                                                                                                                                
SENATOR  THERRIAULT asked  Ms. Hancock  whether there  really was                                                               
any   threat   of   Congress   excusing   ExxonMobil   from   its                                                               
responsibility.                                                                                                                 
                                                                                                                                
MS. HANCOCK responded there was  concern about efforts being made                                                               
in Washington D.C. to effect a release of responsibility.                                                                       
                                                                                                                                
CHAIR  SEEKINS  said  so  far,  no  one  has  sought  any  active                                                               
participation in 15 years.                                                                                                      
                                                                                                                                
Ms. Hancock responded, "To the best of my knowledge."                                                                           
                                                                                                                                
CHAIR SEEKINS speculated that people were more apt to make the                                                                  
oil company pay more than less. He speculated that the Ninth                                                                    
Circuit Court was going to decide the punitive damages soon.                                                                    
                                                                                                                                
SENATOR FRENCH indicated he was not up to date on that                                                                          
information.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS suggested that the committee roll SJR 17 and HJR 9                                                                
together and present it as one resolution.                                                                                      
                                                                                                                                
10:38:22 AM                                                                                                                   
CHAIR SEEKINS held the HJR 9 in committee.                                                                                      
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Seekins adjourned the meeting at 10:39:52 AM.                                                                           
                                                                                                                                

Document Name Date/Time Subjects