00                      CS FOR HOUSE BILL NO. 47(JUD)                                                                     
01 "An Act requiring a party seeking a restraining order, preliminary injunction, or order                                 
02 vacating or staying the operation of certain permits affecting an industrial operation to                               
03 give 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)  Unless exempt under AS 09.68.040(a), a party seeking a restraining order,                               
08       preliminary injunction, or order vacating or staying the operation of a permit that                               
09       affects an industrial operation shall give security, in an amount the court considers                             
10       proper, for costs that may be incurred and damages that may be suffered by the                                    
11       industrial operation if the industrial operation is wrongfully enjoined or restrained.                            
12       Upon request of any party and when that party presents evidence, one relevant factor                              
13       the court shall consider is the amount of wages and benefits for employees and                                    
14       payment to contractors and subcontractors of the industrial operation that may be                                 

01       suffered if the industrial operation is wrongfully enjoined or restrained. In this                                
02       subsection, "industrial operation" includes a construction, energy, or timber activity                            
03       and oil, gas, and mineral exploration, development, and production.                                               
04            (c)  The existence of security under (b) of this section does not                                            
05                 (1)  prohibit a person who is wrongfully enjoined or restrained from                                    
06       obtaining relief that may be available to that person; or                                                         
07                 (2)  limit the amount that a party may recover in the action.                                           
08            (d)  A party is not required to give security under (b) of this section if the                               
09       challenged permitting decision or authorization is made by                                                        
10                 (1)  the Department of Environmental Conservation under AS 46.03 or                                     
11       AS 46.14 in a program approved or delegated by the United States Environmental                                    
12       Protection Agency; or                                                                                             
13                 (2)  the Department of Natural Resources under AS 27.21 in a program                                    
14       approved or delegated by the Office of Surface Mining Reclamation and Enforcement                                 
15       in the United States Department of the Interior.