1996-15 Requesting that Governor Knowles Veto House Bill 158 "An Act Relating to Civil Actions".KODIAK ISLAND BOROUGH
KESULUTION NO. 96 -15
Introduced by: Mayor Selby
Requested by: Legal Counsel
Drafted: Legal Counsel
Introduced: 05/16/96
Adopted: 05/16/96
A RESOLUTION REQUESTING THAT GOVERNOR KNOWLES VETO
HOUSE BILL 158, "AN ACT RELATING TO CIVIL ACTIONS"
WHEREAS, the second session of the Nineteenth Legislature for the State of Alaska
passed "An Act Relating to Civil Actions "; and
WHEREAS, the Legislature's Act Relating to Civil Actions reduces punitive damage
awards in Alaska to three times the compensatory damage award or $300,000; and
WHEREAS, the Legislatures Act Relating to Civil Actions allocates 75% of any
punitive damage award to the general fund of the State of Alaska; and
WHEREAS, The Legislature's Act Relating to Civil Actions is applicable to all civil
actions in which a judgment has not been entered; and
WHEREAS, Kodiak Island Borough experienced the catastrophic 1989 Exxon Valdez
oil spill, cleanup, and subsequent oil spill related litigation; and
WHEREAS, the possibility of large punitive damage awards against environmental
polluters deters outrageous conduct or conduct done with reckless indifference to the
citizens of Alaska; and
WHEREAS, those citizens or entities that have been injured, polluted, maimed,
poisoned, disabled or killed by the reckless or indifferent acts of negligent tortfeasors
should enjoy the benefits of any punitive damage awards; and
WHEREAS, Kodiak Island Borough continues to litigate against Exxon regarding the
punitive damage award allocated to Kodiak Island Borough and other plaintiffs in
September 1994; and
WHEREAS, Exxon has already stated and is expected to argue during the appeal
process that the 1994 punitive damage award is against public policy in Alaska; and
WHEREAS, Exxon will use the Legislature's Act Relating to Civil Actions and an
exhibit to persuade the court that it is not the will of Alaska's people that punitive
damages be awarded;
Kodiak Island Borough, Alaska Resolution No. 96 -15
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NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: Governor Tony Knowles is requested to veto House Bill 158, "An Act
Relating to Civil Actions ".
Section 2: The Kodiak Island Borough Assembly supports the development of a civil
actions reform bill that truly reforms specific civil actions regulations,
however, a bill that primarily transfers punitive damage awards to the
State of Alaska is not civil action reform.
Section 3: A copy of this resolution be forwarded to Governor Knowles and the
Alaska State Legislature.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF MAY, 1996
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\ , 4 1(D na F. Smith, C C /AAE, Borougfi Clerk
1
KODIAK ISLAND BOROUGH
Je
e M. Selby, Bor
ary L. Stevens, Presiding Officer
Kodiak Island Borough, Alaska Resolution No. 96 -15
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