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.