Legislature(1997 - 1998)

1997-05-10 House Journal

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1997-05-10                     House Journal                      Page 1796
HB 58                                                                        
A letter dated May 9, 1997, was read stating the Governor has signed           
the following bill and is transmitting the engrossed and enrolled copies       
to the Lieutenant Governor's office for permanent filing:                      
                                                                               
SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 58(RLS)                            
am S                                                                           
"An Act relating to civil actions; relating to independent counsel            
provided under an insurance policy; relating to attorney fees;                 
amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska              
Rules of Civil Procedure; amending Rules 1 and 4, District Court               
Rules of Civil Procedure; amending Rule 702, Alaska Rules of                   
Evidence; and amending Rule 511, Alaska Rules of Appellate                     
Procedure."                                                                    
                                                                               
Chapter No. 26, SLA 1997                                                      
	Effective Date:  August 7, 1997                                               
                                                                               
The letter further stated:                                                     
                                                                               
"This bill represents a realistic compromise on the important issue of         
civil justice reform for Alaskans.  I sign it into law with the belief it      
protects an individuals right to fair compensation while also making           
more friendly Alaskas business environment.                                    
                                                                               
I believe good tort reform makes the civil justice system more                 
efficient, provides for fair, but not excessive compensation for injury,       
provides for reasonable punitive damage awards sufficient to deter             
dangerous and bad conduct that harms innocent Alaskans, and tries to           
favorably affect the costs to Alaskans purchasing liability insurance.         
Although it is impossible to accurately predict whether this bill will         
accomplish all these goals, it does provide for the necessary collection       
of data on both civil litigation and liability rates that will allow for       
critical assessment of whether tort reform really has an impact on             
Alaskans.                                                                      
                                                                               

1997-05-10                     House Journal                      Page 1797
HB 58                                                                        
I am pleased many parts of this bill had their genesis in the work of          
the Governors Task Force on Civil Justice Reform which worked so               
diligently during the fall of 1996.  The work of the task force                
demonstrates how sensible tort reform, grounded in good public policy,         
can make reasonable and fair changes to the civil justice system.              
                                                                               
Some Alaskans have asked what impact, if any, this bill has on the             
Exxon Valdez case.  The Legislature made efforts in hearings and in            
the bill itself, to make clear this new law is not intended to affect any      
litigation arising out of the Exxon Valdez oil spill.  This is expressly       
stated in the intent language of the bill.  Without these assurances, I        
would not have permitted this bill to become law.                              
                                                                               
I plan to monitor the implementation of this law with the expectation          
it will serve to increase efficiency and access by Alaskans to the civil       
justice system.                                                                
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"