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HB 83: "An Act relating to collecting information about civil litigation by the Alaska Judicial Council; repealing Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and (e), Alaska Rules of Appellate Procedure; and providing for an effective date."

00                              HOUSE BILL NO. 83                                                                          
01 "An Act relating to collecting information about civil litigation by the Alaska Judicial                                
02 Council; repealing Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and                                 
03 (e), Alaska Rules of Appellate Procedure; and providing for an effective date."                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 09.68.130 is repealed and reenacted to read:                                                       
06            Sec. 09.68.130. Collection of settlement information. (a) Except as provided                               
07       in (c) of this section, the Alaska Judicial Council shall periodically collect and                                
08       evaluate information relating to the resolution of civil litigation. The information                              
09       collected may include                                                                                             
10                 (1)  general case information;                                                                          
11                 (2)  the characteristics of the litigation and parties;                                                 
12                 (3)  case processing information;                                                                       
13                 (4)  information about the court civil justice process;                                                 
14                 (5)  a description of the settlement or judgment or other resolution;                                   
01                 (6)  attorney fees and costs awarded to or paid by each party; and                                      
02                 (7)  insurance coverage related to the case and the amount paid by                                      
03       insurance.                                                                                                        
04            (b)  A party to a civil litigation or, if the party is represented by an attorney, the                       
05       party's attorney shall submit the information required by (a) of this section to the                              
06       council on request. Information must be submitted within 30 days after receipt of a                               
07       written request from the council and must be submitted in a form specified by the                                 
08       council.                                                                                                          
09            (c)  The requirements of (a) of this section do not apply to the following types                             
10       of cases:                                                                                                         
11                 (1)  divorce and dissolution;                                                                           
12                 (2)  adoption, custody, support, visitation, and emancipation of                                        
13       children;                                                                                                         
14                 (3)  children-in-need-of-aid cases under AS 47.10 or delinquent minors                                  
15       cases under AS 47.12;                                                                                             
16                 (4)  domestic violence protective orders under AS 18.66.100 -                                           
17       18.66.180;                                                                                                        
18                 (5)  estate, guardianship, and trust cases filed under AS 13;                                           
19                 (6)  small claims under AS 22.15.040;                                                                   
20                 (7)  forcible entry and detainer cases;                                                                 
21                 (8)  administrative appeals;                                                                            
22                 (9)  motor vehicle impound or forfeiture actions under municipal                                        
23       ordinance.                                                                                                        
24            (d)  The information received by the council under this section is confidential,                             
25       except that the council may disclose summaries and statistics related to the                                      
26       information collected that does not identify a particular litigation or party.                                    
27    * Sec. 2. Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and (e), Alaska                         
28 Rules of Appellate Procedure, are repealed.                                                                             
29    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       CONDITIONAL EFFECT. This Act takes effect only if sec. 2 of this Act receives the                                 
01 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                       
02 Alaska.                                                                                                                 
03    * Sec. 4. If this Act takes effect under sec. 3 of this Act, it takes effect immediately under                     
04 AS 01.10.070(c).