HB 47: "An Act requiring a party seeking a restraining order, preliminary injunction, or order vacating or staying the operation of a permit affecting an industrial operation to give security in the amount the court considers proper for costs incurred and damages suffered if the industrial operation is wrongfully enjoined or restrained."
00 HOUSE BILL NO. 47 01 "An Act requiring a party seeking a restraining order, preliminary injunction, or order 02 vacating or staying the operation of a permit affecting an industrial operation to give 03 security in the amount the court considers proper for costs incurred and damages 04 suffered if the industrial operation is wrongfully enjoined or restrained." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.40.230 is amended by adding new subsections to read: 07 (b) A party seeking a restraining order, preliminary injunction, or order 08 vacating or staying the operation of a permit that affects an industrial operation shall 09 give security in an amount the court considers proper for costs that may be incurred 10 and damages that may be suffered by the industrial operation if the industrial operation 11 is wrongfully enjoined or restrained, including an amount for the payment of wages 12 and benefits for employees and payment to contractors and subcontractors of the 13 industrial operation. In this subsection, "industrial operation" includes a construction, 14 energy, or timber activity and oil, gas, and mineral exploration, development, and
01 production. 02 (c) The existence of security under (b) of this section does not 03 (1) prohibit a person who is wrongfully enjoined or restrained from 04 obtaining relief that may be available to that person; or 05 (2) limit the amount that a party may recover in the action.