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HB 72: "An Act authorizing and relating to certain causes of action for relief for direct or indirect injuries sustained as a result of antitrust violations; repealing the provision limiting to the attorney general the recovery of monetary relief for injury directly or indirectly sustained as a result of an antitrust violation; and relating to criminal and civil penalties for antitrust violations."

00                              HOUSE BILL NO. 72                                                                          
01 "An Act authorizing and relating to certain causes of action for relief for direct or                                   
02 indirect injuries sustained as a result of antitrust violations; repealing the provision                                
03 limiting to the attorney general the recovery of monetary relief for injury directly or                                 
04 indirectly sustained as a result of an antitrust violation; and relating to criminal and                                
05 civil penalties for antitrust violations."                                                                              
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 45.50.570(e) is amended to read:                                                                   
08            (e)  A person that is injured directly or indirectly [AFFECTED] by an act of                             
09       a director, officer, or trustee may bring an action at any time to cause the director,                            
10       officer, or trustee who may be occupying the position in violation of this section to                             
11       terminate the prohibited interlocking relationship. In this subsection, "person" has                          
12       the meaning given in AS 01.10.060, and includes the state, a political subdivision                            
13       of the state, including a home rule or general law city or borough, and other                                 
01       governmental entities, including the Alaska Railroad Corporation and the                                      
02       University of Alaska.                                                                                         
03    * Sec. 2. AS 45.50.576(a) is amended to read:                                                                      
04            (a)  A person that [WHO] is injured directly or indirectly [IN BUSINESS                              
05       OR PROPERTY] by a violation of AS 45.50.562 - 45.50.570, or a person that is [SO]                             
06       injured because the person refuses to accede to a proposal for an arrangement that, if                            
07       consummated, would be a violation of AS 45.50.562 - 45.50.570, may bring a civil                                  
08       action                                                                                                            
09                 (1)  for damages directly or indirectly sustained by the person, and, if                            
10       the judgment is for the plaintiff, the plaintiff shall be awarded threefold the amount of                         
11       damages directly or indirectly sustained by the person, plus the costs of the suit,                           
12       including reasonable attorney fees; and                                                                           
13                 (2)  to enjoin the unlawful practice, and, if the judgment is for the                                   
14       plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney                          
15       fees.                                                                                                             
16    * Sec. 3. AS 45.50.576 is amended by adding new subsections to read:                                               
17            (d)  A person commencing an action for a violation of this chapter shall,                                    
18       simultaneously with the filing of the complaint with the court, mail a copy of the                                
19       complaint to the attorney general.                                                                                
20            (e)  In this section, "person" has the meaning given in AS 01.10.060, and                                    
21       includes the state, a political subdivision of the state, including a home rule or general                        
22       law city or borough, and other governmental entities, including the Alaska Railroad                               
23       Corporation and the University of Alaska.                                                                         
24    * Sec. 4. AS 45.50.577(a) is amended to read:                                                                      
25            (a)  The attorney general may bring a civil action [IN SUPERIOR COURT] to                                    
26       secure monetary, injunctive, and other equitable relief [AS PROVIDED IN THIS                                  
27       SECTION] on behalf of the state and its agencies injured [EITHER] directly or                                     
28       indirectly by reason of a [ANY] violation of AS 45.50.562 - 45.50.570.                                        
29    * Sec. 5. AS 45.50.577(b) is amended to read:                                                                      
30            (b)  The attorney general may bring a civil action [IN SUPERIOR COURT] in                                    
31       the name of the state, as parens patriae on behalf of [GOVERNMENTAL ENTITIES                                      
01       OR] persons doing business or residing in this state, to secure monetary, injunctive,                         
02       and other equitable relief [AS PROVIDED IN THIS SECTION] for injuries directly                                
03       or indirectly sustained by persons by reason of a [ANY] violation of AS 45.50.562 -                           
04       45.50.570.                                                                                                        
05    * Sec. 6. AS 45.50.577(e) is amended to read:                                                                      
06            (e)  In an [ANY] action brought under (b) of this section, the attorney general,                         
07       at the times, in the manner, and with the content the court directs, shall cause notice of                        
08       the action to be given by publication. A [ANY GOVERNMENTAL ENTITY OR]                                         
09       person on whose behalf an action is brought under (b) of this section may elect to                                
10       exclude from civil action the portion of the state claim for [MONETARY] relief                                    
11       attributable to that [GOVERNMENTAL ENTITY OR] person by filing notice of the                                      
12       election with the court within the time specified in the attorney general's notice given                          
13       in accordance with this subsection.                                                                               
14    * Sec. 7. AS 45.50.577(f) is amended to read:                                                                      
15            (f)  The final judgment in an action under (a) or (b) of this section is res                                 
16       judicata as to any claim under AS 45.50.576 by a [ANY GOVERNMENTAL                                            
17       ENTITY OR] person on whose behalf the action was brought and who fails to give                                    
18       notice of election to exclude under (e) of this section within the period specified in the                        
19       attorney general's notice given under (e) of this section.                                                        
20    * Sec. 8. AS 45.50.577(h) is amended to read:                                                                      
21            (h)  Monetary relief recovered in an action under this section shall be (1)                                  
22       distributed in the manner the court, in its discretion, authorizes; or (2) deemed a civil                         
23       penalty by the court and deposited in the general fund, and may be appropriated to the                            
24       Alaska permanent fund (AS 37.13.010(a)) or for any other public purpose. A                                        
25       distribution procedure authorized by the court under this subsection must afford each                             
26       [GOVERNMENTAL ENTITY OR] person participating in the civil action a                                               
27       reasonable opportunity to secure that [ENTITY'S OR] person's appropriate portion of                               
28       the net monetary relief.                                                                                          
29    * Sec. 9. AS 45.50.577 is amended by adding a new subsection to read:                                              
30            (j)  In this section, "person" has the meaning given in AS 01.10.060, and                                    
31       includes the state, a political subdivision of the state, including a home rule or general                        
01       law city or borough, and other governmental entities, including the Alaska Railroad                               
02       Corporation and the University of Alaska.                                                                       
03    * Sec. 10. AS 45.50.578 is amended to read:                                                                        
04            Sec. 45.50.578. Criminal and civil penalties [CERTAIN VIOLATIONS                                         
05       CONSTITUTE MISDEMEANOR]. A person who violates AS 45.50.562 or                                                  
06       45.50.564 is guilty of a class C felony [MISDEMEANOR] and upon conviction is                                  
07       punishable,                                                                                                       
08                 (1)  if a natural person, by a fine of not more than $1,000,000,                                
09       notwithstanding AS 12.55.035 [$20,000], or by imprisonment as provided in                                 
10       AS 12.55 [FOR NOT MORE THAN ONE YEAR], or by both; or                                                     
11                 (2)  [AND] if not a natural person, by a fine of not more than                                      
12       $50,000,000, notwithstanding AS 12.55.035 [$50,000].                                                          
13    * Sec. 11. AS 45.50.578 is amended by adding a new subsection to read:                                             
14            (b)  In addition to any other relief available, the attorney general may bring a                             
15       civil action against a person who violates AS 45.50.562 or 45.50.564 or an injunction                             
16       issued under AS 45.50.580 for a civil penalty of not more than                                                    
17                 (1)  $1,000,000 if the person is a natural person;                                                      
18                 (2)  $50,000,000 if the person is not a natural person.                                                 
19    * Sec. 12. AS 45.50.579 is amended to read:                                                                        
20            Sec. 45.50.579. Proof of aggregate damages. In a civil action brought [BY                                  
21       THE ATTORNEY GENERAL] under AS 45.50.562 - 45.50.596 [AS 45.50.577], the                                      
22       plaintiff [ATTORNEY GENERAL] may recover aggregate damages by using                                           
23       statistical sampling or sampling methods, by the computation of illegal overcharges, or                           
24       by a similar, reasonable system of estimating aggregate damages that the court, in its                            
25       discretion, permits, without the necessity of separately proving the individual claim or                          
26       amount of damage to a person [GOVERNMENTAL ENTITIES OR PERSONS] on                                            
27       whose behalf the civil action was brought. In this section, "person" has the                                  
28       meaning given in AS 01.10.060, and includes the state, a political subdivision of                             
29       the state, including a home rule or general law city or borough, and other                                    
30       governmental entities, including the Alaska Railroad Corporation and the                                      
31       University of Alaska.                                                                                         
01    * Sec. 13. AS 45.50.580(b) is amended to read:                                                                     
02            (b)  The court may enter an order or judgment [MAKE ADDITIONAL                                           
03       ORDERS OR JUDGMENTS AS MAY BE NECESSARY] to restore to a person in                                                
04       interest any money or property, real or personal, that may have been acquired by an                               
05       act prohibited by AS 45.50.562 - 45.50.596, and [AS] may enter an order or                                    
06       judgment [BE NECESSARY] to prevent continuing or future violations of                                         
07       AS 45.50.562 - 45.50.596. In this subsection, "person" has the meaning given in                               
08       AS 01.10.060, and includes the state, a political subdivision of the state, including                         
09       a home rule or general law city or borough, and other governmental entities,                                  
10       including the Alaska Railroad Corporation and the University of Alaska.                                       
11    * Sec. 14. AS 45.50.580 is amended by adding a new subsection to read:                                             
12            (c)  If the court finds that a business organization, including a corporation,                               
13       limited liability company, limited partnership, or partnership organized or operating                             
14       under the law of the state has violated AS 45.50.562 - 45.50.570, the court may order                             
15       the revocation, forfeiture, or suspension of the business organization's charter,                                 
16       franchise, certificate of authority, privilege, or license, or any combination of them,                           
17       and may order the dissolution of the business organization or the divestiture of any                              
18       asset.                                                                                                            
19    * Sec. 15. AS 45.50.586 is amended to read:                                                                        
20            Sec. 45.50.586. Judgment [IN FAVOR OF THE STATE] as evidence in                                            
21       another action. A final order or judgment rendered in a civil or criminal action                            
22       brought [BY THE STATE] under AS 45.50.562 - 45.50.596 is prima facie evidence of                              
23       liability [AGAINST THE DEFENDANT] in another [ANY OTHER] action under                                     
24       AS 45.50.562 - 45.50.596 brought by another person [PARTY, OR BY THE STATE,                                   
25       A CITY, A BOROUGH, OR OTHER GOVERNMENTAL ENTITY]; however, this                                                   
26       section does not apply to consent judgments or decrees entered under AS 45.50.584.                                
27       In this section, "person" has the meaning given in AS 01.10.060, and includes the                             
28       state, a political subdivision of the state, including a home rule or general law city                        
29       or borough, and other governmental entities, including the Alaska Railroad                                    
30       Corporation and the University of Alaska.                                                                     
31    * Sec. 16. AS 45.50.576(b), 45.50.577(i), and 45.50.580(a) are repealed.