04/19/1993 01:00 PM House JUD

  HB 132 EXTEND RESOURCE EXTRACTION PERMIT/LEASE                               
                                                                               
  CHAIRMAN PORTER announced that the committee would take up                   
  HB 132 next.                                                                 
                                                                               
  Number 511                                                                   
                                                                               
  MS. HORETSKI, HOUSE JUDICIARY COMMITTEE COUNSEL, called the                  
  committee members' attention to a draft committee substitute                 
  for HB 132 dated April 18, 1993.  She said that she had met                  
  with the sponsor, Rep. Brice, and Mr. Jerry Luckhaupt from                   
  the Legislative Affairs Agency's Division of Legal Services                  
  to discuss the issue of who would be considered "successful"                 
  in litigation.  She stated that language in the committee                    
  substitute was amended to clarify that issue.                                
                                                                               
  MS. HORETSKI commented that three changes appeared in the                    
  new committee substitute, two of which were amendments                       
  adopted by the committee at the last hearing on HB 132.                      
  Those appeared on page 2, line 2, and page 2, line 26, she                   
  said.  The third change appeared on page 2, lines 5-7 and                    
  lines 22-24, and had not yet been discussed by the                           
  committee.  New language provided that a permit would be                     
  extended if the permit holder or the agency was the                          
  "prevailing party."  "Prevailing party" was defined on lines                 
  22-24 as "one who has successfully prosecuted or defended                    
  against the action, who is successful on the main issue of                   
  the action and in whose favor the decision or verdict is                     
  rendered and the judgment entered."  She said that the                       
  language had been taken from case law decisions interpreting                 
  the term "prevailing party" for Alaska Civil Court Rule 82                   
  purposes.                                                                    
                                                                               
  Number 566                                                                   
                                                                               
  REP. DAVIDSON asked if the Department of Natural Resources                   
  (DNR) had a position on HB 132.                                              
                                                                               
  Number 569                                                                   
                                                                               
  REP. TOM BRICE, PRIME SPONSOR of HB 132, commented that Mr.                  
  Raga Elim of DNR had indicated that his department supported                 
  the bill, although no written position paper had been                        
  submitted.  Rep. Brice said that the DCED also supported the                 
  bill.                                                                        
                                                                               
  Number 580                                                                   
                                                                               
  REP. PHILLIPS commented that the Governor's Task Force on                    
  Regulatory Reform supported the concept behind the bill.                     
                                                                               
  Number 585                                                                   
                                                                               
  REP. KOTT expressed his opinion that if the DNR opposed                      
  HB 132, the committee would have been informed of that                       
  opposition.  He made a motion to adopt the Judiciary                         
  committee substitute for HB 132.  There being no objection,                  
  it was so ordered.                                                           
                                                                               
  Number 600                                                                   
                                                                               
  REP. KOTT made a motion to move the Judiciary committee                      
  substitute for HB 132 out of committee, with a zero fiscal                   
  note and with individual recommendations.  There being no                    
  objection, it was so ordered.                                                
                                                                               
  Number 601                                                                   
                                                                               
  REP. PHILLIPS said that HB 132 was a good piece of                           
  legislation.