Legislature(1993 - 1994)

04/07/1993 09:20 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SENATOR LEMAN introduced SB 161  (INTEREST RATES: JUDGMENTS,                 
  TAXES, ROYALTIES)  as the  final order  of business,  noting                 
  there  was   a   proposed  committee   substitute  for   the                 
  committee's consideration.                                                   
                                                                               
  SENATOR  TYALOR  moved that  CSSB  161(STA) dated  4/6/93 be                 
  adopted.  Hearing no objection, it was so ordered.                           
                                                                               
  Number 230                                                                   
                                                                               
  PORTIA BABCOCK, staff to the Senate State Affairs Committee,                 
  explained  that several  changes  discussed at  the previous                 
  hearing on SB 161 have  been incorporated into the committee                 
  substitute.                                                                  
                                                                               
  The  first  change  was to  page  1,  line  7, changing  the                 
  language on judgment and decrees to  make it clear that this                 
  applied to  the judgments that  would come down  on criminal                 
  cases and civil cases.                                                       
                                                                               
  On page  1, line 13,  the major change  was made in  how the                 
  interest rate  would be calculated  and determined.   It was                 
  determined that it would  be easier for the court  system to                 
  have an annual interest rate that would apply throughout the                 
  entire  calendar  year  rather  than  trying to  do  several                 
  calculations a year.  The annual rate would be determined by                 
  the Commissioner of Revenue.                                                 
                                                                               
  Section 2 remains the same as in  the last draft CS in which                 
  an amendment requested by the  Municipality of Anchorage was                 
  incorporated.                                                                
                                                                               
  On page  3, line 13,  a new Section  5 has been  added which                 
  sets the overall state interest rate  as the same as is  set                 
                                                                               
                                                                               
  out is Section 1.                                                            
                                                                               
  Ms. Babcock said that since the current committee substitute                 
  was drafted, an  additional change has been  suggested where                 
  it  references  civil cases,  both  in prejudgment  and post                 
  judgment.                                                                    
                                                                               
  Number 286                                                                   
                                                                               
  SENATOR  TAYLOR moved the following  Amendment No. 1 to CSSB
  161(STA):                                                                    
                                                                               
  Page 2, line 9:  delete "in a civil case"                                    
                                                                               
  Page 3, lines 18, 20 &23: delete "in civil cases"                            
                                                                               
  Hearing no objection, Amendment No. 1 was adopted.                           
                                                                               
  Number 295                                                                   
                                                                               
  CHRIS  CHRISTENSEN,  Legal Counsel  to the  Judicial Branch,                 
  said there was one problem still remaining with the bill and                 
  that  is   the  fact  that  they  would  be  doing  multiple                 
  calculations.  Currently, there is one rate of interest that                 
  applies to prejudgment and postjudgment interest.                            
                                                                               
  Mr.  Christensen said  the bill makes  another philosophical                 
  change.  In  non-tort cases, rather than having the interest                 
  calculated  from the date of the harm, it is calculated from                 
  the date that  the summons is  served on the defendant.   He                 
  said  the court always knows when the harm occurs when it is                 
  in the complaint, but they never  know when the defendant is                 
  actually served.                                                             
                                                                               
  Mr. Christensen said the court system's recommendation is to                 
  have  one rate  of interest  apply  to both  prejudgment and                 
  postjudgment interest, to be calculated from the date of the                 
  judgment.    There  was  then  discussion  on  a  conceptual                 
  amendment to make the recommended change.                                    
                                                                               
  SENATOR TAYLOR suggested on page 2 line 10, after the phrase                 
  "prejudgment interest accrues  from the  date" add the  word                 
  "of"  and  delete  rest of  language  up  to  "the entry  of                 
  judgment" on line 12.                                                        
                                                                               
  Number 400                                                                   
                                                                               
  JOE  GELDHOF, Assistant Attorney General, Department of Law,                 
  said that  while they would prefer the  more frequent market                 
  changes that  were provided in the original bill, he thought                 
  the legislation  is a good  sound compromise that  meets the                 
  needs of the court system and the administration agencies.                   
                                                                               
  Mr.  Geldof suggested amending the bill to reflect that when                 
                                                                               
                                                                               
  the  interest  rate  is  determined  by  the  Department  of                 
  Revenue,  that interest  rate be carried out to  two decimal                 
  points.                                                                      
                                                                               
  SENATOR LEMAN offered and moved a conceptual Amendment No. 2                 
  to page 5,  line 2, which would round off  the interest rate                 
  to  the  nearest 100th  percent.   Hearing no  objection the                 
  amendment was adopted.                                                       
                                                                               
  CHRIS  CHRISTENSEN referred to page  2, beginning at line 12                 
  which contains language relating to how prejudgment interest                 
  is calculated.  He suggested that on line 14 adding language                 
  which says "for the year when the initial summons was issued                 
  to the first defendant."                                                     
                                                                               
  There  was extensive discussion  on the  proposed conceptual                 
  amendments.                                                                  
                                                                               
  TAPE 93-26, SIDE B                                                           
                                                                               
  Number 060                                                                   
                                                                               
  After further  discussion, SENATOR  LEMAN offered  Amendment                 
  No.  3  to  page  2, line  14, to  insert the  word "initial"                 
  before  the  word "summons"  and  insert the  word "initial"                 
  before the word "counter."   Hearing no objection, Amendment                 
  No. 3 was adopted.                                                           
                                                                               
  Number 070                                                                   
                                                                               
  SENATOR TAYLOR offered Amendment  #4 to page 2, line  10, to                 
  read "prejudgment  interest accrues from the date of harm or                 
  injury" and to  delete the remainder  of line 11 and  delete                 
  all of line 12.                                                              
                                                                               
  Number 073                                                                   
                                                                               
  SENATOR LEMAN asked, why, if this is already in current law,                 
  it  is  necessary  to  insert it  here.    CHRIS CHRISTENSEN                 
  answered  that current  law has it  that way  for everything                 
  except torts.                                                                
                                                                               
  Number 095                                                                   
                                                                               
  SENATOR  TAYLOR  moved adoption  of  Amendment #4.   SENATOR                 
  LEMAN objected.  A  hand voted was taken with  the following                 
  result:  Senators  Taylor and Ellis voted  "Yea" and Senator                 
  Leman voted "Nay."  The Chair stated the motion had carried.                 
                                                                               
  Number 108                                                                   
                                                                               
  SENATOR  TAYLOR  moved that  CSSB  161(STA), as  amended, be                 
  passed  out of  committee  with individual  recommendations.                 
  Hearing no objection, it was so ordered.                                     
                                                                               
                                                                               

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