04/29/2002 01:48 PM House JUD

SB 331 - DISTRICT COURT JURISDICTIONAL AMOUNT                                                                                 
                                                                                                                                
Number 0030                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG announced  that the first order  of business would                                                               
be SENATE BILL  NO. 331, "An Act relating to  the jurisdiction of                                                               
district courts."                                                                                                               
                                                                                                                                
Number 0049                                                                                                                     
                                                                                                                                
ZACH  WARWICK, Staff  to Senator  Gene  Therriault, Alaska  State                                                               
Legislature, said on behalf of  Senator Therriault, sponsor, that                                                               
SB  331 will  clarify the  statute relating  the civil  awards in                                                               
district court  cases.  He  said that current  statute stipulates                                                               
that the  plaintiff in  a district  court case  is limited  to an                                                               
award of $50,000;  it's not clear, however,  whether it's $50,000                                                               
per defendant  or per case.   Senate  Bill 331 will  add language                                                               
clarifying  that the  $50,000 limit  is per  defendant.   Without                                                               
this  clarification,  plaintiffs  in civil  cases  with  multiple                                                               
defendants must decide whether to  file multiple suits or combine                                                               
them  into  one  case.    Mr.   Warwick  added  that  SB  331  is                                                               
"especially important to rural areas  where there isn't access to                                                               
superior courts."                                                                                                               
                                                                                                                                
REPRESENTATIVE COGHILL indicated that  he has a concern regarding                                                               
the title.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ said  he  likes  the title,  mentioning                                                               
that he has a conceptual amendment,  which he will be offering on                                                               
the House floor.  He noted  that he and Representative Meyer have                                                               
been working on  issues pertaining to jurisdictions.   Given that                                                               
the title of  SB 331 reads, "An Act relating  to the jurisdiction                                                               
of district courts", he said it  seems to him that the [the body]                                                               
could extend that  jurisdiction as far as it  rightfully ought to                                                               
go - "as far as it possibly can."                                                                                               
                                                                                                                                
REPRESENTATIVE  COGHILL acknowledged  that "the  title does  lend                                                               
itself to general applicability."                                                                                               
                                                                                                                                
REPRESENTATIVE BERKOWITZ indicated that what he has in mind is:                                                                 
                                                                                                                                
     The jurisdiction  of the  district courts  would extend                                                                    
     to  protect  Alaskans  anywhere they  were;  if  anyone                                                                    
     visited   harm  on   them,   and   assuming  that   the                                                                    
     appropriate  authority   -  if  it  was   either  in  a                                                                    
     different country  or different state -  if they didn't                                                                    
     choose  to   exercise  their  jurisdiction,   then  the                                                                    
     Alaskan  jurisdiction would  exist as  a safety  net to                                                                    
     protect the interests of Alaskans.                                                                                         
                                                                                                                                
CHAIR   ROKEBERG   suggested   that   such   an   [extension   of                                                               
jurisdiction] might be "entering the area of conflict of laws."                                                                 
                                                                                                                                
REPRESENTATIVE  BERKOWITZ said,  "No,  not if  we structure  this                                                               
appropriately;  and  it's  actually  visions of  law  that  other                                                               
states have."                                                                                                                   
                                                                                                                                
Number 0464                                                                                                                     
                                                                                                                                
REPRESENTATIVE  JAMES moved  to report  SB 331  out of  committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being no  objection, SB  331 was reported  from the                                                               
House Judiciary Standing Committee.