02/17/2016 01:30 PM Senate JUDICIARY

          HB  83-REPEAL COLLECTION OF CIVIL LITIG. INFO                                                                     
                                                                                                                                
1:46:39 PM                                                                                                                    
CHAIR MCGUIRE announced  the consideration of HB 83. [CSHB 83(JUD)                                                              
was before the committee.]                                                                                                      
                                                                                                                                
1:46:50 PM                                                                                                                    
CHAIR  MCGUIRE passed  the gavel  to  Vice Chair  Coghill for  the                                                              
hearing on HB 83.                                                                                                               
                                                                                                                                
1:46:52 PM                                                                                                                    
GABRIELLE  LEDOUX,  Alaska State  Legislature,  sponsor  of HB  83                                                              
introduced  the  legislation  speaking to  the  following  sponsor                                                              
statement:                                                                                                                      
                                                                                                                                
     HB   83   eliminates   the    automatic   reporting   of                                                                   
     information  about  civil  case   settlements  currently                                                                   
     required  by law. This  bill follows  the advice of  the                                                                   
     Judicial  Council,   which  has  recommended   that  the                                                                   
     legislature do  away with this requirement.  HB 83 would                                                                   
     provide  a  more targeted,  less  burdensome,  and  more                                                                   
     cost-effective  method  of compiling  information  about                                                                   
     the  resolutions  of  civil  court.  Passing  this  bill                                                                   
     would  save money  and  time  by freeing  attorneys  and                                                                   
     litigants from  an unnecessary and functionally  useless                                                                   
     submission  of data which the  Judicial Council  sees no                                                                   
     point in collecting.                                                                                                       
                                                                                                                                
     It is  part of the job  of the legislature  to eliminate                                                                   
     waste   and   to   make   government   more   effective.                                                                   
     Discarding needless  data collection requirements  is an                                                                   
     easy   way  to  achieve   cost-savings  and   streamline                                                                   
     government. HB 83 does exactly this.                                                                                       
                                                                                                                                
     I urge your support for the swift passage of HB 83.                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  said two of  the fiscal notes are  zero and                                                              
a third reflects a $20,000 savings.                                                                                             
                                                                                                                                
1:48:43 PM                                                                                                                    
VICE CHAIR COGHILL opened public testimony.                                                                                     
                                                                                                                                
1:49:29 PM                                                                                                                    
SUZANNE  DIPIETRO, Executive  Director,  Alaska Judicial  Council,                                                              
Alaska Court System,  Anchorage, Alaska, reinforced  the sponsor's                                                              
explanation. The Judicial  Council has no problem  with the repeal                                                              
of the requirement. She offered to answer questions.                                                                            
                                                                                                                                
VICE CHAIR COGHILL questioned the reason for the noncompliance.                                                                 
                                                                                                                                
MS.  DIPIETRO  explained that  the  legislation  has been  on  the                                                              
books for  a number  of years,  but many  attorneys do  not comply                                                              
with   the  reporting   requirement   and  the   statute  has   no                                                              
enforcement  mechanism.   The  Judicial  Council  has   had  mixed                                                              
success in  increasing compliance  and has  concluded that  so few                                                              
people return  the questionnaires that  it would be  misleading to                                                              
summarize the information and publish it.                                                                                       
                                                                                                                                
MICHELLE  MINOR,  Attorney,  Law  Office  of  Michelle  V.  Minor,                                                              
Anchorage, Alaska,  testified in  support of HB  83. She  has been                                                              
in  civil practice  in Alaska  for  40 years  and has  represented                                                              
many people  on civil  matters that  required this reporting.  Her                                                              
experience is  that it takes from half  an hour to a  few hours to                                                              
complete  the form. The  rule applies  in cases  where one  of the                                                              
litigants is  pro se and she's  had the court system  request that                                                              
she,  as the  prosecuting attorney,  complete the  report for  the                                                              
pro se litigant in compliance with Civil Rule 41.                                                                               
                                                                                                                                
MS. MINOR said  the purpose of the  rule was served years  ago and                                                              
it's now time to repeal the rule and statute.                                                                                   
                                                                                                                                
VICE CHAIR  COGHILL  commented that  it seems  that the value  has                                                              
found its day.                                                                                                                  
                                                                                                                                
1:54:36 PM                                                                                                                    
KEN  P  JACOBUS,  Attorney,  Law  Office  of  Kenneth  P  Jacobus,                                                              
testified  that he  has  been fighting  to  have this  requirement                                                              
removed  from the  statutes for  some  time. He  related that  the                                                              
Alaska  Judicial  Council issued  a  report  in 2001  that  showed                                                              
nothing  unusual,  but  has  issued  no  reports  since  then.  He                                                              
diligently  files  these reports  as  required  by law,  but  many                                                              
attorneys and  pre so litigants do  not. He pointed out  that this                                                              
makes  criminals  out  of  those  who does  not  comply  with  the                                                              
statute.                                                                                                                        
                                                                                                                                
VICE CHAIR COGHILL  commented that this could be  called the paper                                                              
and scofflaw reduction act.                                                                                                     
                                                                                                                                
1:57:27 PM                                                                                                                    
SARAH BADTEN, Attorney,  Groh Eggers LLC, testified  in support of                                                              
HB  83. She  agreed  with the  previous  testimony  and added  her                                                              
understanding that  the rule was adopted to compare  attorney fees                                                              
on tort  cases. Her  practice is  primarily contract  law and  she                                                              
files a lot  of suits that are  dismissed once the people  come in                                                              
and pay what they  owe. She is required to fill  out the form even                                                              
though  the   information   is  not  reflective   of  any   useful                                                              
information for  the Alaska Judicial  Council or  the legislature.                                                              
It's time for the rule and statute to be repealed.                                                                              
                                                                                                                                
VICE CHAIR COGHILL  said the committee will take  her testimony to                                                              
heart  and pass  the  bill when  the  committee  meets its  quorum                                                              
requirement.  He   asked  Senator  Wielechowski  if   he  had  any                                                              
questions.                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI answered  no;  he's convinced  the rule  and                                                              
statute is no longer needed.                                                                                                    
                                                                                                                                
VICE CHAIR  COGHILL stated  that HB 83 will  be held  in committee                                                              
with public testimony open.