Legislature(1999 - 2000)
02/03/1999 01:07 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
February 3, 1999
1:07 p.m.
MEMBERS PRESENT
Representative Pete Kott, Chairman
Representative Joe Green
Representative Norman Rokeberg
Representative Lisa Murkowski
Representative Eric Croft
Representative Beth Kerttula
MEMBERS ABSENT
Representative Jeannette James
COMMITTEE CALENDAR
* HOUSE BILL NO. 9
"An Act relating to collection of settlement information in civil
litigation; amending Rule 41(a)(3), Alaska Rules of Civil
Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure;
and providing for an effective date."
- MOVED HB 9 OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 9
SHORT TITLE: PERSONS REQUIRED TO FILE SETTLEMENT INFO
SPONSOR(S): REPRESENTATIVES(S) PORTER
Jrn-Date Jrn-Page Action
1/19/99 20 (H) PREFILE RELEASED 1/8/99
1/19/99 20 (H) READ THE FIRST TIME - REFERRAL(S)
1/19/99 20 (H) JUDICIARY
2/03/99 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
TOM WRIGHT, Staff
to Representative Brian Porter
Alaska State Legislature
Capitol Building, Room 413
Juneau, Alaska 99801
Telephone: (907) 465-3721
POSITION STATEMENT: Presented sponsor statement for HB 9.
ACTION NARRATIVE
TAPE 99-3, SIDE A
Number 0001
CHAIRMAN PETE KOTT called the House Judiciary Standing Committee
meeting to order at 1:07 p.m. Members present at the call to order
were Representatives Kott, Rokeberg, Murkowski, Croft and Kerttula.
Representative Green arrived at 1:10 p.m.
HB 9 - PERSONS REQUIRED TO FILE SETTLEMENT INFO
CHAIRMAN KOTT announced the only order of business is HB 9, "An Act
relating to collection of settlement information in civil
litigation; amending Rule 41(a)(3), Alaska Rules of Civil
Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure;
and providing for an effective date."
CHAIRMAN KOTT explained that HB 9 is familiar to some because it
passed the House last year. It got hung up in the Senate in the
never ending battle towards the end of session. Chairman Kott
called on Tom Wright from Representative Porter's office, sponsor
of the bill, to present the sponsor statement.
Number 0067
TOM WRIGHT, Staff to Representative Brian Porter, Alaska State
Legislature, stated the bill is simplistic. It is the same bill
that passed the House last year - HB 293. It is a housekeeping
measure that involves the collection of settlements and other data
in certain categories of civil litigation cases. He explained the
following changes that the bill provides:
1) It makes mandatory the reporting of date by attorneys
and persons representing themselves. Apparently, some
individuals interpret the data collection provisions of
the tort reform law to be optional. This amendment
clarifies the mandatory nature of these reporting
requirements in order to ensure that accurate statistics
will be compiled. Information must be submitted within
30 days after the settlement or final resolution of all
covered cases.
2) The Alaska Judicial Council has recommended that
certain non-tort cases be added to the types of cases
already excluded from the reporting requirements. The
tort reform law excluded divorce and other categories of
cases from reporting requirements. The amendment,
offered in Section 1, adds several categories of cases
that should also be excluded.
3) The bill clarifies that the reporting requirements
arise only after final appeals as to cases, that are
fully litigated. Should any one of multiple plaintiffs,
defendants or third party defendants settle out of
litigation before its final disposition, the obligation
to submit required data arises as of the date the case is
fully resolved as it pertains to that party.
4) The bill has the effect of amending two court rules
since it limits civil actions found under AS 09.68.130
(a) and specifies who is required to provide settlement
information.
5) The effective date as to the collection of settlement
and other data is changed to clarify that reporting
requirements are applicable to civil litigation cases
which are settled or finally adjudicated on or after the
bill is signed into law. The reporting requirements are
not retroactive to the effective date of the tort reform
law.
Number 0259
REPRESENTATIVE CROFT asked Mr. Wright where HB 293 got stuck in the
Senate last year.
MR. WRIGHT replied it got stuck in the Senate Judiciary Committee.
Number 0278
REPRESENTATIVE MURKOWSKI asked Mr. Wright whether HB 9 is the
identical bill that was passed by the House last year.
MR. WRIGHT replied correct.
REPRESENTATIVE MURKOWSKI noted that the committee members exchanged
glances and chuckles when mentioning that the bill got stuck in the
Senate last year and asked Mr. Wright whether there was a problem
with the bill itself or the contents of the bill.
MR. WRIGHT replied he doesn't know. He was not staff to
Representative Porter last year. He has an idea about what
happened, but does not think it would be fair to represent it at
this time.
REPRESENTATIVE MURKOWSKI noted that she would discuss the issue
further with fellow members of the committee after the meeting.
Number 0338
CHAIRMAN KOTT stated that the there was not any difficulties with
the contents of the bill last year; it got stuck for other reasons.
He would classify the bill as a housekeeping measure.
Number 0353
REPRESENTATIVE KERTTULA asked Mr. Wright whether the bill would
clarify paperwork and information gathering that the clerks are
already doing and exempt some categories.
MR. WRIGHT replied correct.
Number 0401
REPRESENTATIVE CROFT made a motion to move HB 9 out of committee
with individual recommendations and the attached zero fiscal
note(s). There being no objection, HB 9 was so moved from the
House Judiciary Standing Committee.
ADJOURNMENT
Number 0440
CHAIRMAN KOTT adjourned the House Judiciary Standing Committee
meeting at 1:12 p.m.
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