SENATE JUDICIARY COMMITTEE May 5, 1996 1:39 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Al Adams MEMBERS ABSENT Senator Mike Miller Senator Johnny Ellis COMMITTEE CALENDAR HOUSE BILL NO. 19(title am) "An Act amending the definition of `fault' as that term is used for the purposes of determining the liabilities of parties in civil actions; amending the definition of `fault' as it relates to setting limitations on civil liability; and amending the definition of `fault' as it relates to authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions." CSHB 414(JUD) (MANDATORY MEDIATION/DESIGN PROF LAWSUITS) WAS SCHEDULED BUT NOT TAKEN UP THIS DATE BY THE COMMITTEE. PREVIOUS SENATE COMMITTEE ACTION HB 19 - No previous action to record. HB 414 - No previous action to record. WITNESS REGISTER Represenatative Gene Therriault State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 19 Crystal Smith Legal Administrator Department of Law P.O. Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Testified in support of HB 19 ACTION NARRATIVE TAPE 96-48, SIDE A Number 001 HB 19(title am) DEFINITION OF "FAULT" FOR CIVIL LIABILITY    CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:39 p.m., and brought HB 19(title am) before the committee. Number 043 REPRESENTATIVE GENE THERRIAULT, prime sponsor of HB 414, said the bill was introduced at the request of an assistant attorney general who is one of his constituents and has dealt with a number of cases where the argument has been advanced that a portion of fault or damages cannot be apportioned to a person who commits an intentional act. He noted that in Attorney General Botelho's memo to the legislative leadership relating to the Kerr decision, he indicated part of their concern over the state losing on appeal was that the Supreme Court could rule, in fact, that that argument was valid and the state would not be able to shift any of the fault to the actual criminals in the mail bombing and would have to bear 100 percent of the fault itself. SENATOR TAYLOR interjected that no court has held that yet, and that it has been tried in front of several different courts, all of whom rejected it as a silly argument. REPRESENTATIVE THERRIAULT said because the courts have been ruling that way, they want to clarify it so that bringing that argument as part of a defense is extinguished, and any danger of losing on appeal and judgements going up is also extinguished. Number 075 SENATOR TAYLOR, speaking to the Kerr case, said what the jury and the court did in that case was to follow the public's demand for allocation of fault. They found that the criminals involved were 88 percent negligent and that the prison system was 12 percent negligent, so 12 percent of Mrs. Kerr's medical bills, etc., will be paid, but the other 88 percent will not. Prior to the tort reform movement in 1986, she would have been paid 100 percent because there was joint and several liability in this state. He personally thinks Mrs. Kerr was deserving of the entire settlement, but that didn't occur. Number 109 CRYSTAL SMITH, Legal Administrator, Department of Law, stated the department's support for HB 19. Number 115 Because the committee had lost its quorum, it could not take any action on HB 19. SENATOR TAYLOR stated the committee would recess to a call of the chair until a quorum could be reestablished. The meeting was recessed at 1:47 p.m. [THE MEETING ON HB 19 WAS NOT RECONVENED BEFORE THE LEGISLATIVE SESSION ADJOURNED ON MAY 7, 1996]