08/23/1995 01:00 PM Senate JUD

                   SENATE JUDICIARY COMMITTEE                                  
                        August 23, 1995                                        
                           1:00 p.m.                                           
                          Kotzebue, AK                                         
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Al Adams                                                              
 Senator Johnny Ellis (Participated from Anchorage                             
                       via teleconference network)                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Mike Miller                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld)                       
 "An Act relating to civil actions; amending Alaska Rule of Civil              
 Procedure 95."                                                                
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 158 - See Judiciary minutes dated 5/3/95, 8/21/95.                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Ms. Doren Hawxhurst                                                           
 Cordova District Fishermen United                                             
 Cordova, AK                                                                   
  POSITION STATEMENT:   Opposes CSHB 158(FIN) am                               
                      in current form                                          
                                                                               
 Charles McKee                                                                 
 PO Box 143452                                                                 
 Anchorage, AK 99514                                                           
  POSITION STATEMENT:   Commented on CSHB 158(FIN) am                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 95-39, SIDE A                                                           
 Number 001                                                                    
     CSHB 158(FIN) am(ct rls pfld)(efd fld) CIVIL LIABILITY                   
                                                                              
  CHAIRMAN ROBIN TAYLOR  called the Senate Judiciary Committee meeting         
 to order in the Kotzebue Legislative Information Office at 1:00               
 p.m.  He stated the only action the committee would be taking on              
 CSHB 158(FIN) am would be the taking of public testimony for the              
 record.                                                                       
 Number 015                                                                    
                                                                               
 DOREN HAWXHURST, testifying from Cordova on behalf of Cordova                 
 District Fishermen United, invited the committee to hold a hearing            
 in Cordova after the fishing season ends or at its convenience,               
 because she believes the committee would hear a lot of comment in             
 opposition to HB 158 in its current form.                                     
                                                                               
 Ms. Hawxhurst said she would like to make sure that whatever ends             
 up being in the bill, it has no possibility of any attempt to                 
 modify it and bail out the folks who are responsible for the Exxon            
 Valdez oil spill.  She said that almost everyone in Cordova is a              
 litigant in the lawsuit against Exxon, a company that has not                 
 really come forward and made good on its promises.                            
                                                                               
 Ms. Hawxhurst voiced concern with putting a $300,000 cap on the               
 amount of punitive damages, as well as requiring one-half of the              
 award of punitive damages being deposited into the general fund of            
 the state.  She said if it is the case that one-half of the award             
 in deposited with the state, their concern is that there be                   
 provisions put into place to make sure that those monies are used             
 appropriately.                                                                
                                                                               
 Number 070                                                                    
                                                                               
 SENATOR TAYLOR asked if under the current HB 158, Ms. Hawxhurst had           
 calculated what the total amount of noneconomic damages and the               
 total amount of punitive damages would be if the bill became law              
 and there was another large oil spill.  DOREN HAWXHURST responded             
 that she has not, but would do so and would forward that                      
 information to the committee.  She added that it is her                       
 understanding that there is some debate among experts in the state            
 and federal governments as to how exactly to go about quantifying             
 those so- called noneconomic damages, though her group personally             
 believes that many of the environmental damages can be quantified             
 as economic damages.                                                          
                                                                               
 Number 115                                                                    
                                                                               
 SENATOR TAYLOR noted that the committee received a letter from                
 James E. Fisher of Kenai, and that copies of the letter were made             
 and distributed to committee members.  He pointed out that Mr.                
 Fisher asks some very good questions, which he hopes will be                  
 answered as the legislation moves along through the committee                 
 process.                                                                      
                                                                               
 Number 135                                                                    
                                                                               
 CHARLES MCKEE, testifying from Anchorage, referred to the section             
 of the bill relating to punitive damages, as well as to testimony             
 he gave before the Human Rights Commission in Anchorage, which he             
 believes pertains to the legislation and tort reform.  SENATOR                
 TAYLOR reminded Mr. McKee that it is not germane to discuss aspects           
 of human rights concerns.  This is not an issue of human rights; it           
 is an issue of an individual person suing in court and asking a               
 jury to award punitive or punishment type damages against a                   
 defendant.                                                                    
                                                                               
 There being no other persons wishing to testify in Kotzebue or at             
 any of the other teleconference sites, SENATOR TAYLOR adjourned the           
 meeting at 1:20 p.m.