04/04/2008 09:00 AM Senate FINANCE

SENATE BILL NO. 226                                                                                                           
                                                                                                                                
     "An Act  relating to litigation  brought by  a vexatious                                                                   
     litigant; amending Rules  3, 4, 12, and 41, Alaska Rules                                                                   
     of  Civil  Procedure;  and providing  for  an  effective                                                                   
     date."                                                                                                                     
                                                                                                                                
Co-Chair Stedman  remarked that this  bill was heard  for the                                                                   
first time  in the Senate  Finance Committee on  February 20,                                                                   
2008. The bill was set aside to  allow Committee members time                                                                   
to review public  testimony and work with the  bill's sponsor                                                                   
on any concerns.                                                                                                                
                                                                                                                                
SENATOR HOLLIS FRENCH, the bill's  sponsor, presented a short                                                                   
overview  of  the  bill.  He  explained  that  the  bill  was                                                                   
designed to  give the court system  a tool to  view vexatious                                                                   
litigants  as  individuals  who  abuse the  court  system  by                                                                   
filing repetitive  cases against an ever expanding  number of                                                                   
people. Vexatious  litigants refuse  to acknowledge  the fact                                                                   
they have  lost and continue to  file new claims  without any                                                                   
new facts.  This results in higher  costs to the  system. The                                                                   
bill, modeled  after a California  law, allows judges  to act                                                                   
as a gatekeeper.                                                                                                                
                                                                                                                                
Co-Chair Stedman reviewed one zero fiscal note.                                                                                 
                                                                                                                                
9:31:05 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman MOVED  to REPORT  SB 226  out of  Committee                                                                   
with individual  recommendations  and an accompanying  fiscal                                                                   
note.                                                                                                                           
                                                                                                                                
Senator Huggins OBJECTED.                                                                                                       
                                                                                                                                
Senator  Huggins   referred  the   definition  of   vexatious                                                                   
litigants on Page 3, line 12-13 and voiced his concern.                                                                         
                                                                                                                                
     (3) "vexatious  litigant" means a person  acting without                                                                   
the assistance of an attorney, who                                                                                              
                                                                                                                                
Senator  Huggins  remarked that  a  person,  protected by  an                                                                   
attorney, can still get away with  being a vexatious litigant                                                                   
under this bill.                                                                                                                
                                                                                                                                
9:32:08 AM                                                                                                                    
                                                                                                                                
Senator  Huggins  WITHDREW  his  OBJECTION,  there  being  NO                                                                   
further OBJECTION, it was so ordered.                                                                                           
                                                                                                                                
SB 226 was REPORTED out of Committee  with no recommendations                                                                   
and an accompanying  previously published fiscal  note by the                                                                   
Department of Law.                                                                                                              
                                                                                                                                
9:32:37 AM