00                            SENATE BILL NO. 97                                                                          
01 "An Act relating to public interest litigants and to attorney fees; and amending Rule 82,                               
02 Alaska Rules of Civil Procedure."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.60.010 is amended to read:                                                                     
05            Sec. 09.60.010.  Costs and attorney fees allowed prevailing party.  The                                    
06       supreme court shall determine by rule or order the costs, if any, that may be allowed a                           
07       prevailing party in a civil action.  Unless specifically authorized by statute or by                              
08       agreement between the parties, attorney fees may not be awarded to a party in a civil                             
09       action for personal injury, death, or property damage related to or arising out of fault,                         
10       as defined in AS 09.17.900, unless the civil action is contested without trial, or fully                          
11       contested as determined by the court.  In a civil action contesting a decision of the                         
12       Department of Environmental Conservation, the Department of Fish and Game,                                    
13       or the Department of Natural Resources making a coastal consistency                                           
14       determination, adopting regulations, or for which there was an opportunity for                                

01       the public to comment to the agency before the final agency decision and to seek                              
02       administrative review before the agency following the initial agency decision,                                
03       attorney's fees may only be awarded to or against a public interest litigant as                               
04       provided in Rule 82(g), Alaska Rules of Civil Procedure, on the effective date of                             
05       this Act.                                                                                                     
06    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       DIRECT COURT RULE AMENDMENT.  Rule 82(b), Alaska Rules of Civil                                                   
09 Procedure, is amended by adding a new paragraph to read:                                                                
10                 (5)  If the court chooses to vary an award of attorney's fees under (b)(3)                              
11       of this rule by increasing the award beyond the amounts provided in (b)(1) or (2) of                              
12       this rule, then the court shall apportion the attorney's fees by issue and may only award                         
13       the increased fees for an issue the party prevailed upon unless the court finds                                   
14       exceptional circumstances to be present that require an increased award of fees                                   
15       without apportionment by issue.                                                                                   
16    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18       DIRECT COURT RULE AMENDMENT.  Rule 82, Alaska Rules of Civil Procedure,                                           
19 is amended by adding a new subsection to read:                                                                          
20            (g)  Attorney's Fees for Public Interest Litigants.  In a civil action                                     
21       contesting a decision of the Department of Environmental Conservation, the                                        
22       Department of Fish and Game, or the Department of Natural Resources making a                                      
23       coastal consistency determination, adopting regulations, or for which there was an                                
24       opportunity for the public to comment to the agency before the final agency decision                              
25       and to seek administrative review before the agency following the initial agency                                  
26       decision, attorney's fees may only be awarded to or against a public interest litigant in                         
27       the same manner as attorney's fees may be awarded to or against a non-public interest                             
28       litigant under (b) of this rule.                                                                                  
29    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31 CONDITIONAL EFFECT.  Section 1 of this Act takes effect only if secs. 2 and 3 of this Act                               

01 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of                        
02 the State of Alaska.