00                      CS FOR HOUSE BILL NO. 145(JUD)                                                                    
01 "An Act relating to public interest litigants and to attorney fees."                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.60.010 is amended to read:                                                                     
04            Sec. 09.60.010.  Costs and attorney fees allowed prevailing party.  The                                    
05       supreme court shall determine by rule or order the costs, if any, that may be allowed a                           
06       prevailing party in a civil action.  Unless specifically authorized by statute or by                              
07       agreement between the parties, attorney fees may not be awarded to a party in a civil                             
08       action for personal injury, death, or property damage related to or arising out of fault,                         
09       as defined in AS 09.17.900, unless the civil action is contested without trial, or fully                          
10       contested as determined by the court.  In a civil action related to, or an appeal from                        
11       an administrative agency contesting, a decision of the Department of                                          
12       Environmental Conservation, the Department of Fish and Game, or the                                           
13       Department of Natural Resources through which one or more of those agencies                                   
14       makes a coastal consistency determination or adopts regulations, or for which                                 
15       there was an opportunity for the public to comment to the agency before the final                             

01       agency decision and to seek administrative review before the agency following the                             
02       initial agency decision, attorney fees may only be awarded to or against a public                             
03       interest litigant in the same manner as attorney fees may be awarded to or                                    
04       against a nonpublic interest litigant.                                                                        
05    * Sec. 2.  AS 09.60.010 is amended by adding a new subsection to read:                                             
06            (b)  In this section, "public interest litigant" means a party bringing a civil                              
07       action or appeal that                                                                                             
08                 (1)  is designed to effectuate strong public policies;                                                  
09                 (2)  will benefit numerous people;                                                                      
10                 (3)  could only be expected to be brought by a private party; and                                       
11            (4)  the party bringing the civil action or appeal would lack sufficient economic                            
12       incentive to bring if it did not involve issues of general importance.                                            
13    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       APPLICABILITY.  This Act applies to all civil actions and appeals filed on or after                               
16 the effective date of this Act.