04/17/1998 02:39 PM House JUD

HB 203 - ACTIONS FOR UNLAWFUL TRADE PRACTICES                                  
                                                                               
CHAIRMAN GREEN announced the first item of business would be HB
, "An Act relating to actions for unlawful trade practices."  He            
called on Representative Dyson to address the changes in the                   
proposed committee substitute.                                                 
                                                                               
Number 0050                                                                    
                                                                               
REPRESENTATIVE FRED DYSON, sponsor, told members that since the                
last hearing, several things had been changed in answer to                     
objections that had arisen in the committee.  He expressed the                 
belief that this is now a better bill.  He asked Patrick Harman to             
explain the changes.                                                           
                                                                               
Number 0109                                                                    
                                                                               
PATRICK HARMAN, Legislative Assistant to Representative Fred Dyson,            
Alaska State Legislature, advised members that several changes are             
technical.  The major substantive change incorporates payment of               
Rule 82 attorney fees if the defendant prevails.  Mr. Harman agreed            
that the committee process from the last hearing had dramatically              
improved the bill.                                                             
                                                                               
CHAIRMAN GREEN asked where Rule 82 fees had been incorporated.                 
                                                                               
MR. HARMAN said that is on page 3, line 12, of Version R.                      
                                                                               
Number 0202                                                                    
                                                                               
REPRESENTATIVE BRIAN PORTER told members that as one critic of the             
original version, he appreciates the sponsor's consideration in                
adjusting these provisions, and he agrees with them.  He noted that            
the result is not precisely Rule 82; it does provide that a                    
plaintiff who prevails will be awarded full reasonable attorney                
fees and costs under Rule 82.  However, it is quite acceptable to              
him, especially considering that the bill requires that notice be              
given to a potential defendant.  Representative Porter commented,              
"And if they continue their action and are subsequently found to               
still be at fault, so be it.  Let them pay the attorney's fee."                
                                                                               
CHAIRMAN GREEN asked whether there was further discussion.  He                 
indicated no one had signed up to testify.                                     
                                                                               
Number 0320                                                                    
                                                                               
REPRESENTATIVE JEANNETTE JAMES made a motion to adopt Version R (0-LS0553\R, Ba
objection, it was so ordered.                                                  
                                                                               
REPRESENTATIVE JAMES made a motion to move HB 203, Version R, from             
committee with individual recommendations and attached fiscal note,            
if any.                                                                        
                                                                               
Number 0349                                                                    
                                                                               
CHAIRMAN GREEN asked whether there was any objection.  There being             
none, CSHB 203(JUD) moved from the House Judiciary Standing                    
Committee.