04/09/1999 01:48 PM Senate JUD

         HB 9-PERSONS REQUIRED TO FILE SETTLEMENT INFO                                                                          
                                                                                                                                
REPRESENTATIVE BRIAN PORTER, sponsor of HB 9, explained the bill                                                                
enacts some cleanups related to tort legislation that has become                                                                
law. REPRESENTATIVE PORTER said the bill specifically addresses                                                                 
reporting of settlement results. HB 9 does the following things: it                                                             
makes clear that reporting of settlement information is mandatory,                                                              
it excludes areas not meant to be included, it clarifies that                                                                   
reporting requirements take effect after the appeal process is                                                                  
concluded, it amends the necessary court rules, and sets an                                                                     
effective date.                                                                                                                 
                                                                                                                                
Number 040                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked how the current reporting system is working.                                                              
REPRESENTATIVE PORTER said the current system seems to be working                                                               
for adjudicated cases, but reporting for settled cases appears to                                                               
be a problem. CHAIRMAN TAYLOR commented this reporting requirement                                                              
is one aspect of the tort reform legislation he strongly supported,                                                             
as there is a serious need to compile information about these types                                                             
of cases.                                                                                                                       
                                                                                                                                
Number 067                                                                                                                      
                                                                                                                                
SENATOR DONLEY stated his support for the bill and asked how                                                                    
existing law deals with confidential settlements. REPRESENTATIVE                                                                
PORTER answered the settlement information is still gathered, but                                                               
the names of the litigants are excluded. SENATOR DONLEY confirmed                                                               
that the Alaska Judicial Council (AJC) would receive the settlement                                                             
information, even if the names were excluded. REPRESENTATIVE PORTER                                                             
assured the information would be transmitted to the AJC, and in                                                                 
fact, the Council would get the names, the names would simply not                                                               
be made public.                                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR said the release of confidential information was a                                                              
concern of his. He stated that he thought the original bill dealt                                                               
with the treatment of confidential information by the AJC.                                                                      
                                                                                                                                
Number 113                                                                                                                      
                                                                                                                                
SENATOR DONLEY stated one of his concerns is prohibiting secret                                                                 
settlements in cases of public safety issues. He knows some                                                                     
settlements of product liability cases involve plaintiffs agreeing                                                              
not to inform others of the hazard on which their claim is based.                                                               
SENATOR HALFORD asked what could be done for an individual facing                                                               
"a Ford motor Company sized defendant" who could get a settlement                                                               
only if they do not release the information.  He said this puts the                                                             
burden on "the victim who has very little resources" for the trial                                                              
and the appeal(s), and "we pay for none of it." SENATOR DONLEY                                                                  
agreed that was true, but said "none of that affects this bill."                                                                
Committee members agreed.                                                                                                       
                                                                                                                                
Number 138                                                                                                                      
                                                                                                                                
SENATOR DONLEY moved HB 9 from committee with individual                                                                        
recommendations. Without objection, HB 9 moved from committee with                                                              
individual recommendations.