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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 Pogo 1 of 2 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 /?"/2 (. \ , 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 Page 2 of 2