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.