00             SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) am S                                                          
01 "An Act relating to unsolicited communications following an aircraft accident."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 02.40 is amended by adding a new section to read:                                                 
04            Sec. 02.40.030.  Unsolicited communication prohibited.  (a)  Except as                                     
05       provided in (c) of this section, in the event of an accident involving an air carrier                             
06       providing intrastate transportation of passengers, an attorney may not initiate a contact                         
07       with an individual injured in the accident or a relative of an individual injured or killed                       
08       in the accident for the purpose of offering or discussing potential representation in an                          
09       action based on the accident for personal injury or wrongful death within 45 days                                 
10       following the accident.  In this subsection, "attorney" includes an attorney for an air                           
11       carrier and an associate, agent, employee, or other representative of an attorney.                                
12            (b)  During the 45-day period described in (a) of this section, an agent or                                  
13       representative of an air carrier or its insurer may not initiate contact with an individual                       
14       injured in the accident or a relative of an individual injured or killed in the accident for                      
15       the purpose of offering a final settlement of a claim.                                                            

01            (c)  The prohibitions in (a) and (b) of this section do not apply to the activities                          
02       that an air carrier or its insurers may undertake, or the obligations that an air carrier or                      
03       its insurers may have to                                                                                          
04                 (1)  provide a passenger or the family of a passenger injured or killed in                              
05       an aircraft accident with short-term physical or financial assistance; or                                         
06                 (2)  meet the obligations of the air carrier under 49 U.S.C. 4113                                       
07       (Aviation Disaster Family Assistance Act of 1996).                                                                
08            (d)  The attorney general or an aggrieved person may institute a civil action                                
09       against a person who violates this section.  In addition to injunctive and compensatory                           
10       relief, a civil penalty not to exceed $10,000 may be imposed for each violation.                                  
11    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY.  This Act applies to an accident involving an air carrier that occurs                              
14 on or after the effective date of this Act.