00                            HOUSE BILL NO. 224                                                                          
01 "An Act amending Rule 11(a), District Court Rules of Civil Procedure."                                                  
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  Rule 11(a), District Court Rules of Civil Procedure, is amended to read:                             
04            (a)  The summons shall be issued and the summons and complaint served,                                       
05       according to the procedures of Civil Rule 4, except that:                                                         
06                 (1)  If personal service is used, the clerk shall deliver the summons for                               
07       service to a peace officer or to a person specially appointed to serve it.                                        
08                 (2)  If service is by registered or certified mail, the clerk shall mail the                            
09       summons and a copy of the complaint as provided in Civil Rule 4(h).                                               
10                 (3)  Service by publication or posting shall not be allowed.                                            
11                 (4)  Service on a defendant who is outside the state shall be allowed                                   
12                      (A)  [ONLY] in accordance with the Landlord-Tenant Act,                                        
13            AS 34.03.340;                                                                                            
14                      (B)  in accordance with [AND] AS 09.05.020, entitled Service                                   
15            of Process on Nonresident Owner or Operator of Motor Vehicle;                                            

01                      (C)  when the cause of action is based upon a debt,                                            
02            contractual obligation, personal injury, or property damage incurred or                                  
03            occurring while the defendant was physically present in Alaska.                                          
04                 (5)  The affidavit required by Civil Rule 4(f) is not required in small                                 
05       claims cases and Civil Rule 4(j) shall not apply.                                                                 
06    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       CONDITIONAL EFFECT.  Section 1 of this Act takes effect only in that section                                      
09 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
10 of the State of Alaska.