00                            HOUSE BILL NO. 487                                                                          
01 "An Act relating to granting certain defendants an absolute right to change venue in                                    
02 civil actions; setting venue for civil actions based on conduct in the course and scope of                              
03 employment at the employer's principal place of business; allowing multiple defendants                                  
04 to control venue by agreement; amending Rule 3, Alaska Rules of Civil Procedure; and                                    
05 providing for an effective date."                                                                                       
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 22.10.040 is amended by adding a new subsection to read:                                          
08            (b)  Notwithstanding (a) of this section, a defendant has an absolute right to                               
09       change the place of trial if an action is commenced against the defendant in a venue                              
10       district in the state other than where the defendant resides, the location of the                                 
11       defendant's principal place of business, or the location of the defendant's main                                  
12       corporate office in the state. The right provided under this subsection may be                                    
13       exercised as follows:                                                                                             

01                 (1)  at the request of the defendant, the court shall order a change of the                             
02       location of the trial to a venue district in the state that is where the defendant resides,                       
03       the location of the defendant's principal place of business, or the location of the                               
04       defendant's main corporate office;                                                                                
05                 (2)  in an action based on conduct in the course and scope of                                           
06       employment, a corporation or other entity has the right to trial in the venue district of                         
07       the employer's principal place of business in the state;                                                          
08                 (3)  if more than one defendant has the right to change the location of                                 
09       trial under this subsection, a choice of trial locations is available, and all defendants                         
10       agree on the choice of venue district, the court shall order that the trial be located in                         
11       the venue district agreed on among the defendants; however, if the defendants cannot                              
12       agree on a trial location, the court shall select a venue district in the state that is where                     
13       a defendant resides, the location of a defendant's principal place of business, or the                            
14       location of a defendant's main corporate office;                                                                  
15                 (4)  this subsection does not preclude the court from exercising its                                    
16       authority to change venue when it has reason to believe that an impartial trial is not                            
17       possible under (a)(1) of this section;                                                                            
18                 (5)  this subsection does not apply to causes of action listed in Rules                                 
19       3(b) and 16(g), Alaska Rules of Civil Procedure, or to a matter in which venue for the                            
20       proceeding is otherwise specifically provided by law;                                                             
21                 (6)  in this subsection, "defendant" includes a third-party defendant.                                  
22    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24       INDIRECT COURT RULE AMENDMENT. AS 22.10.040(b), added by sec. 1 of this                                           
25 Act, has the effect of amending Rule 3(d), Alaska Rules of Civil Procedure, by modifying the                            
26 rule that a trial and related hearings be conducted in a venue district within the judicial district                    
27 that would best serve the convenience of the parties and witnesses by establishing the right of                         
28 a defendant to seek and obtain a venue change and setting out the power of the court relating                           
29 to a change of venue motion.                                                                                            
30    * Sec. 3. This Act takes effect January 1, 2007.