April 18, 1997

Cecil Ranney, Editor
Kodiak Daily Mirror
1419 Selig
Kodiak, Alaska 99615

Re: Letter to the Editor

Dear Readers,

With this letter, I wanted Kodiak residents to be equipped with the most current and thorough information available about the tort reform bill that is making its way through the Legislature here in Juneau.

Section one of the latest version of HB 58 contains the following language:

"Legislative Intent. In enacting this bill, it is the intent of this legislature as a matter of public policy to (11) ensure that this Act does not apply to or in any way have an effect on existing litigation or a civil cause of action that accrues before the effective date of this Act; it is the specific intent of the legislature that this Act not apply to or in any way have an effect on In Re Exxon Valdez, A89-0095 Civ. (D.Alaska) or any other federal admiralty action now or in the future."

In addition to the bill itself, under Alaska Statutes 01.10.090, a statute is not retroactive unless expressly declared to be retroactive. Finally, there are constitutional due process problems if the bill were applied to existing civil actions.

Senator Jerry Mackie and I, along with others, have worked with the sponsor of this legislation to ensure that the passage of this bill will not jeopardize the Exxon Valdez settlement. This language is the result of listening to folks like yourselves. I will work right up to the end to ensure this language stays in the bill.

Don't be fooled or manipulated! The opponents of tort reform are staging a well-orchestrated and sophisticated misinformation campaign with the goal of killing true tort reform. I will continue to bring you up to date on this very important piece of legislation. If you have any questions or concerns, please call me at 1-800-865-2487 or fax me at (907) 465-4956.

Sincerely,

<Signature>

Alan Austerman
Representative District 6