HB 385: "An Act relating to the attorney fees and costs awarded in certain court actions relating to unfair trade practices; and amending Rules 54, 79, and 82, Alaska Rules of Civil Procedure."
00 HOUSE BILL NO. 385 01 "An Act relating to the attorney fees and costs awarded in certain court actions relating 02 to unfair trade practices; and amending Rules 54, 79, and 82, Alaska Rules of Civil 03 Procedure." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 45.50.537(b) is amended to read: 06 (b) Unless the action is found to be frivolous, in an action brought by a private 07 person under AS 45.50.471 - 45.50.561, a prevailing defendant may not [SHALL] be 08 awarded attorney fees and costs [AS PROVIDED BY COURT RULE]. If the action 09 is found to be frivolous, the attorney fees to be awarded to the defendant shall be full 10 reasonable attorney fees at the prevailing reasonable rate. 11 * Sec. 2. AS 45.50.537 is amended by adding a new subsection to read: 12 (e) In an action brought by the attorney general under AS 45.50.471 - 13 45.50.561, if the attorney general prevails, the state shall be awarded full attorney fees 14 and costs.
01 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 COURT RULE CHANGES. (a) AS 45.50.537(b), as amended by sec. 1 of this Act, 04 and AS 45.50.537(e), added by sec. 2 of this Act, change Rule 82, Alaska Rules of Civil 05 Procedure, by establishing different rules relating to the award of attorney fees in actions that 06 are brought under AS 45.50.471 - 45.50.561. 07 (b) AS 45.50.537(b), as amended by sec. 1 of this Act, and AS 45.50.537(e), added by 08 sec. 2 of this Act, change Rules 54(d) and 79, Alaska Rules of Civil Procedure, by 09 establishing different rules relating to the award of costs in actions that are brought under 10 AS 45.50.471 - 45.50.561. 11 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. AS 45.50.537(b), as amended by sec. 1 of this Act, and 14 AS 45.50.537(e), added by sec. 2 of this Act, apply only to causes of action that accrue on or 15 after the effective date of this Act. 16 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT. Sections 1 and 2 of this Act take effect only if sec. 3 of 19 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 20 Constitution of the State of Alaska.