00HOUSE BILL NO. 419                                                                                                    
01 "An Act relating to security required when an injunction is issued; amending                                            
02 Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date."                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 09.40.230 is amended to read:                                                                     
05  Sec. 09.40.230.  Authorization for injunction.  When it appears that (1) the                                        
06 plaintiff is entitled to the relief demanded, and the relief or any part of it includes                                 
07 restraining the commission or continuance of some act, the commission or continuance                                    
08 of which during the litigation would produce injury to the plaintiff; or (2) the                                        
09 defendant is doing, or threatens or is about to do, or is procuring or suffering to be                                  
10 done some act in violation of the plaintiff's rights concerning the subject of the action                               
11 and tending to render the judgment ineffectual; or (3) the defendant threatens or is                                    
12 about to remove or dispose of property or a part of it with intent to delay or defraud                                  
13 creditors, an injunction may be allowed to restrain such act, removal, or disposition.                                  
14   An injunction may not be issued to restrain the state, a subdivision of the state,                                   

01 or a business unless the applicant provides a bond equal to the economic costs                                          
02 that may be incurred by the state, subdivision of the state, or business if the court                                   
03 determines the state, subdivision, or business was wrongfully restrained by the                                         
04 injunction.  The requirement of a bond does not apply to an injunction requested                                        
05 by the state,  a subdivision of the state, or in a domestic relations action except                                     
06 as otherwise ordered by the court.  In this section, "business" has the meaning                                         
07 given in AS 43.70.110.                                                                                                 
08    * Sec. 2.  AS 09.40.230, as amended by sec. 2 of this Act, has the effect of amending Rule                         
09 65, Alaska Rules of Civil Procedure, by requiring that a bond be provided before an injunction                          
10 may be issued in certain civil actions.                                                                                 
11    * Sec. 3.  This Act applies to a civil action that accrues on or after the effective date of this                  
12 Act.                                                                                                                    
13    * Sec. 4.  Section 1 of this Act takes effect only if sec. 2 receives the two-thirds majority                      
14 vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.                                   
15    * Sec. 5.  This Act takes effect July 1, 1997.