00 SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) 01 "An Act relating to civil actions; amending Rules 13(e), 68, 79(b), 82(b), and 02 95, Alaska Rules of Civil Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. PURPOSE. It is the purpose of this Act to 05 (1) enact further reforms that create a more equitable distribution of the cost 06 and risk of injury; 07 (2) reduce costs associated with the civil justice system, while ensuring that 08 adequate and appropriate compensation for persons injured through the fault of others is 09 available; 10 (3) help match losses with compensation by helping to 11  (A) ensure that money paid to an injured person is available when 12 anticipated expenses or losses occur; 13  (B) ensure that a claimant with substantial injury requiring long-term 14 treatment will have money available for future medical care; 01  (C) reduce reparation system costs by eliminating those portions of 02 awards that are not needed to compensate the claimant; 03  (D) eliminate duplicate recoveries; 04  (E) reduce the costs of litigation; 05  (F) establish appropriate thresholds for a damage award in order to 06 allow predictability of liability exposure; and 07  (G) reduce the ultimate costs to the state and to local governments of 08 providing medical services to those who cannot otherwise afford those services; 09 (4) reduce the amount of litigation proceeding to trial by modifying the 10 allocation of attorney fees and court costs based on the offer of judgment and the final court 11 award thereby providing a financial incentive to both parties to settle the dispute; 12 (5) enact a statute of repose that meets the tests set out in Turner Construction 13 Co., Inc. v. Scales, 752 P.2d 467 (Alaska 1988); 14 (6) clarify the circumstances in which hospitals are held directly liable for the 15 actions of emergency room physicians who are not employees of the hospital; 16 (7) encourage health care providers to provide quality medical care in all areas 17 of this state at a cost that is affordable; 18 (8) stabilize the rapidly escalating costs of health care by curtailing the rapid 19 escalation in malpractice premiums and thereby make broader based health care available to 20 more residents of the state; 21 (9) require that 75 percent of punitive damages awarded by a court be 22 deposited into the general fund for the benefit of the public welfare and to deter future harm 23 to the public. 24 * Sec. 2. AS 05 is amended by adding a new chapter to read: 25 CHAPTER 50. CIVIL LIABILITY FOR COMMERCIAL 26 RECREATIONAL ACTIVITIES. 27  Sec. 05.50.010. ACCEPTANCE OF INHERENT RISKS. Participation in 28 a commercial recreational activity constitutes acceptance of the inherent risks of the 29 commercial recreational activity that are or should be apparent to an ordinarily prudent 30 person. 31  Sec. 05.50.020. REDUCTION FOR NEGLIGENCE. A person who accepts 01 an inherent risk of a commercial recreational activity as described in AS 05.50.010 is 02 negligent to the extent that the inherent risk causes injury, death, or property damage. 03 In an action seeking to recover damages for injury or death to a person or harm to 04 property resulting from an inherent risk of a commercial recreational activity, 05 compensatory damages shall be reduced by the injured person's negligence as provided 06 under AS 09.17.060. 07  Sec. 05.50.030. RESPONSIBILITIES OF PARTICIPANTS. A participant in 08 a commercial recreational activity has the responsibility to 09  (1) learn about and expressly accept the risks of the activities; 10  (2) act within the limits of the person's abilities; 11  (3) heed all warnings regarding participation in the commercial 12 recreational activity; 13  (4) maintain control of the participant's person, the participant's 14 children, and any equipment, devices, or animals the participant is using; 15  (5) refrain from acting in a manner that may cause or contribute to 16 injury of the participant or another person. 17  Sec. 05.50.040. RESPONSIBILITIES OF OPERATORS OF COMMERCIAL 18 RECREATIONAL ACTIVITIES. A person who operates a business that offers a 19 commercial recreational activity shall 20  (1) explain to a participant the 21  (A) fundamental inherent risks of the commercial recreational 22 activity; and 23  (B) skills or equipment required to participate in the commercial 24 recreational activity that are not apparent to an inexperienced participant; 25  (2) require that employees who are responsible for assisting participants 26 in the actual performance of a commercial recreational activity have training in basic 27 first aid and cardiopulmonary resuscitation and explain to those employees how to use 28 emergency medical services available in the area; 29  (3) maintain recreational equipment and facilities in good repair; 30  (4) provide trained and competent personnel; and 31  (5) act in a reasonably safe and competent manner. 01  Sec. 05.50.050. INTERACTION WITH OTHER LAWS. This chapter does 02 not affect the immunity of an owner of unimproved land under AS 09.65.200 or of a 03 ski area operator under AS 05.45. 04  Sec. 05.50.100. DEFINITIONS. In this chapter, 05  (1) "children" means persons under 18 years of age; 06  (2) "commercial recreational activity" means a recreational activity for 07 which the participants pay compensation; 08  (3) "recreational activity" means an outdoor activity undertaken for the 09 purpose of exercise, education, relaxation, pleasure, sport, or as a hobby. 10 * Sec. 3. AS 09.10.055 is repealed and reenacted to read: 11  Sec. 09.10.055. STATUTE OF REPOSE OF 10 YEARS. (a) A person may 12 not bring an action for personal injury, death, or property damage unless commenced 13 within 10 years of the earlier of the date of 14  (1) substantial completion of the construction alleged to have caused 15 the personal injury, death, or property damage; however, the limitation of this 16 paragraph does not apply to a claim resulting from an intentional or reckless disregard 17 of specific project design plans and specifications or building codes; or 18  (2) the last act alleged to have caused the personal injury, death, or 19 property damage. 20  (b) This section does not apply if 21  (1) the personal injury, death, or property damage resulted from 22  (A) exposure to a hazardous substance; in this subparagraph, 23 "hazardous substance" means an element or compound that, when it enters into 24 the air or on the surface or subsurface land or water of the state, presents an 25 imminent and substantial danger to public or individual health and welfare; 26  (B) an intentional act or gross negligence; 27  (C) fraud or fraudulent misrepresentation; 28  (D) breach of an express warranty or guarantee; or 29  (E) a defective product; in this subparagraph, "product" means 30 an object that has intrinsic value, is capable of delivery as an assembled whole 31 or as a component part, and is introduced into trade or commerce; "product" 01 includes an element or compound that if ingested by humans or if humans are 02 exposed to, or are in contact with the element compound or product, poses a 03 threat to human health; 04  (2) facts that would give notice of a potential cause of action are 05 intentionally concealed; or 06  (3) a shorter period of time for bringing the action is imposed under 07 another provision of law. 08  (4) a longer period of time for bringing the action was provided under 09 a contract. 10  (c) The limitation imposed under (a) of this section is tolled 11  (1) as provided under AS 09.10.140(a)(1); and 12  (2) during any period in which there exists the undiscovered presence 13 of a foreign body, that has no therapeutic or diagnostic purpose or effect, in the body 14 of the injured person and the action is based on the presence of the foreign body. 15  (d) In this section, "substantial completion" means the date when construction 16 is sufficiently completed to allow the owner or a person authorized by the owner to 17 occupy the improvement or to use the improvement in the manner for which it was 18 intended. 19 * Sec. 4. AS 09.10.070 is amended to read: 20  Sec. 09.10.070. ACTIONS FOR CERTAIN TORTS AND CERTAIN 21 STATUTORY LIABILITIES TO BE BROUGHT IN TWO YEARS.  Except as 22 otherwise provided by law, a [A] person may not bring an action (1) for libel, 23 slander, assault, battery, seduction, or false imprisonment [, OR FOR ANY INJURY 24 TO THE PERSON OR RIGHTS OF ANOTHER NOT ARISING ON CONTRACT 25 AND NOT SPECIFICALLY PROVIDED OTHERWISE]; (2) upon a statute for a 26 forfeiture or penalty to the state; or (3) upon a liability created by statute, other than 27 a penalty or forfeiture; unless the action is commenced within two years from the 28 accrual of the action. 29 * Sec. 5. AS 09.10 is amended by adding a new section to read: 30  Sec. 09.10.075. LIMITATION ON ACTIONS INVOLVING INJURY TO 31 PERSON OR PROPERTY. (a) A person may not bring an action for personal injury, 01 death, property damage, or injury to the rights of another not arising on contract, 02 unless the action is brought within two years of the accrual of the action. 03  (b) This section does not apply if a shorter period of time for bringing the 04 action is imposed under another provision of law. 05 * Sec. 6. AS 09.17.010 is repealed and reenacted to read: 06  Sec. 09.17.010. NONECONOMIC DAMAGES. (a) In an action to recover 07 damages for personal injury or wrongful death, all damage claims for noneconomic 08 losses shall be limited to compensation for pain, suffering, inconvenience, physical 09 impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other 10 nonpecuniary damage. 11  (b) Except as provided under (c) of this section, the aggregate amount of 12 damages awarded by a court or a jury under (a) of this section for all claims of a party 13 or parties, including a loss of consortium claim, arising out of a single injury or death 14 may not exceed $500,000. 15  (c) In an action for personal injury, the damages awarded by a court or jury 16 that are described under (b) of this section may not exceed $750,000 when the 17 claimant, as a result of the injury, 18  (1) is a hemiplegic, paraplegic, or quadriplegic and has permanent 19 functional loss of one or more limbs resulting from injury to the spine or spinal cord; 20  (2) has lost both arms or both legs or an arm and a leg; 21  (3) has permanently impaired cognitive capacity, is incapable of making 22 independent, responsible decisions, and is permanently incapable of independently 23 performing the activities of normal, daily living; 24  (4) is both deaf and blind; or 25  (5) has third degree burns over one half or more of the claimant's body. 26  (d) The limit under (b) or (c) of this section does not apply to noneconomic 27 damages awarded by a court or jury against a person who, as proven by a 28 preponderance of the evidence, was attempting to commit or committing a felony, if 29 the person bringing the action was a victim of that offense and the offense 30 substantially contributed to the injury or death. In this subsection, "victim" has the 31 meaning given in AS 12.55.185. 01  (e) Multiple injuries sustained as a result of a single incident shall be treated 02 as a single injury for purposes of this section. 03 * Sec. 7. AS 09.17.020 is amended to read: 04  Sec. 09.17.020. PUNITIVE DAMAGES. Punitive damages may not be 05 awarded in an action, whether in tort, contract, or otherwise, unless supported by clear 06 and convincing evidence of outrageous conduct, including acts done with malice or 07 bad motives, or reckless indifference to the interest of another person. 08 * Sec. 8. AS 09.17.020 is amended by adding new subsections to read: 09  (b) The amount of punitive damages awarded by a court or jury under (a) of 10 this section may not exceed three times the amount of compensatory damages awarded 11 or $300,000, whichever amount is greater. 12  (c) The limit under (b) of this section does not apply to punitive damages 13 awarded by a court or jury against a person who, as proven by a preponderance of the 14 evidence, was attempting to commit or committing a felony if the person bringing the 15 action was a victim of that offense and the offense substantially contributed to the 16 injury or death. In this subsection, "victim" has the meaning given in AS 12.55.185. 17  (d) If a person receives an award of punitive damages, the court shall require 18 that 75 percent of the award be deposited into the general fund of the state. This 19 subsection does not grant the state the right to file or join a civil action to recover 20 punitive damages. 21 * Sec. 9. AS 09.17.040(e) is amended to read: 22  (e)  If a judgment is paid by periodic payments, the [THE] court shall 23 [MAY] require security be posted [,] in order to ensure that funds are available as 24 periodic payments become due. The court may waive this requirement if the person 25 in whose favor judgment is entered agrees to waive the posting of security or the 26 court determines that waiver is prudent in the action [NOT REQUIRE SECURITY 27 TO BE POSTED IF AN AUTHORIZED INSURER, AS DEFINED IN AS 21.90.900, 28 ACKNOWLEDGES TO THE COURT ITS OBLIGATION TO DISCHARGE THE 29 JUDGMENT]. 30 * Sec. 10. AS 09.17.040(f) is amended to read: 31  (f) A judgment ordering payment of future damages for personal injury or 01 death by periodic payment shall specify the recipient, the dollar amount of the 02 payments, including any increases in future payments for anticipated inflation or 03 the formula for the increases, the interval between payments, and the number of 04 payments or the period of time over which payments shall be made. Payments may 05 be modified only in the event of the death of the judgment creditor, in which case 06 payments may not be reduced or terminated, but shall be paid to persons to whom the 07 judgment creditor owed a duty of support, as provided by law, immediately before 08 death. In the event the judgment creditor owed no duty of support to dependents at 09 the time of the judgment creditor's death, the money remaining shall be distributed in 10 accordance with a will of the deceased judgment creditor accepted into probate or 11 under the intestate laws of the state if the deceased had no will. 12 * Sec. 11. AS 09.17.080(a) is amended to read: 13  (a) In all actions involving fault of more than one person [PARTY TO THE 14 ACTION], including third-party defendants and persons who have been released under 15 AS 09.17.091 [AS 09.16.040], the court, unless otherwise agreed by all parties, shall 16 instruct the jury to answer special interrogatories or, if there is no jury, shall make 17 findings, indicating 18  (1) the amount of damages each claimant would be entitled to recover 19 if contributory fault is disregarded; and 20  (2) the percentage of the total fault [OF ALL OF THE PARTIES TO 21 EACH CLAIM] that is allocated to each claimant, defendant, third-party defendant, 22 [AND] person who has been released from liability under AS 09.17.091, or other 23 person responsible for the damages to each claimant regardless of whether the 24 other person, including an employer, is or could have been named as a party to 25 the action [AS 09.16.040]. 26 * Sec. 12. AS 09.17.080(c) is amended to read: 27  (c) The court shall determine the award of damages to each claimant in 28 accordance with the findings [, SUBJECT TO A REDUCTION UNDER 29 AS 09.16.040], and enter judgment against each party liable. The court also shall 30 determine and state in the judgment each party's equitable share of the obligation to 31 each claimant in accordance with the respective percentages of fault as determined 01 under (a) of this section. An assessment of a percentage of fault against a person 02 who is not a party may only be used as a measure for accurately determining the 03 percentages of fault of a named party. Assessment of a percentage of fault 04 against a person who is not a party does not subject that person to civil liability 05 in that action and may not be used as evidence of civil liability in another action. 06 * Sec. 13. AS 09.17 is amended by adding a new section to read: 07  Sec. 09.17.091. EFFECT OF RELEASE. When a release or covenant not to 08 sue or not to enforce judgment is given in good faith to one of two or more persons 09 civilly liable for the same injury or the same wrongful death it does not discharge any 10 of the other persons from liability for the injury or wrongful death unless its terms so 11 provide. 12 * Sec. 14. AS 09.30.065 is repealed and reenacted to read: 13  Sec. 09.30.065. OFFERS OF JUDGMENT. (a) At any time more than 10 14 days before the trial begins either the party making a claim or the party defending 15 against a claim may serve upon the adverse party an offer to allow judgment to be 16 entered in complete satisfaction of the claim for the money or property or to the effect 17 specified in the offer, with costs then accrued. If within 10 days after the service of 18 the offer the adverse party serves written notice that the offer is accepted, either party 19 may then file the offer and notice of acceptance together with proof of service, and the 20 clerk shall enter judgment. An offer not accepted within 10 days is considered 21 withdrawn and evidence of that offer is not admissible except in a proceeding to 22 determine the form of judgment after verdict. 23  (b) If the judgment finally entered on the claim as to which an offer has been 24 made under this section is at least five percent less favorable to the offeree than the 25 offer, the offeree shall pay costs as allowed under the Alaska Rules of Civil Procedure 26 and all reasonable attorney fees incurred by the offeror from the date the offer was 27 made. In comparing the offer to judgment finally entered, the court may not consider 28 prejudgment interest payable under the judgment during the period between when 29 payment would have been made under the offer and the date of entry of judgment. 30 * Sec. 15. AS 09.30.070(a) is amended to read: 31  (a)  Notwithstanding AS 45.45.010, the [THE] rate of interest on judgments 01 and decrees for the payment of money, including prejudgment interest, is three 02 percent above the interest rate set by the United States Bureau of the Public Debt 03 for five-year treasury notes in effect on the day on which the judgment or decree 04 is entered [10.5 PERCENT A YEAR], except that a judgment or decree founded on 05 a contract in writing, providing for the payment of interest until paid at a specified rate 06 not exceeding the legal rate of interest for that type of contract, bears interest at the 07 rate specified in the contract if the interest rate is set out in the judgment or decree. 08 * Sec. 16. AS 09.55 is amended by adding a new section to read: 09  Sec. 09.55.551. EXPERT WITNESS QUALIFICATION. (a) Except as 10 provided under (b) of this section, an action based upon professional negligence, a 11 person may not testify as an expert witness on the issue of the appropriate standard of 12 care unless the witness is a professional who is licensed in this state or is licensed in 13 another state or country and 14  (1) is trained and experienced in the same discipline or school of 15 practice as the defendant or in an area directly related to a matter at issue; and 16  (2) is certified by a board recognized by the state as having 17 acknowledged expertise and training directly related to the particular field or matter 18 at issue. 19  (b) The provisions of (a) of this section do not apply to a person who is 20 testifying on the appropriate standard of care in a profession that is not licensed in this 21 state, or another state or country, and who the court determines is qualified as an 22 expert witness. 23 * Sec. 17. AS 09.55.560 is amended by adding a new paragraph to read: 24  (4) "professional negligence" means a negligent act or omission in 25 rendering professional services. 26 * Sec. 18. AS 09.55 is amended by adding a new section to read: 27 ARTICLE 8. MANDATORY ARBITRATION. 28  Sec. 09.55.700. MANDATORY ARBITRATION. (a) A person who files a 29 civil action for personal injury, death, or property damage shall also submit the claim 30 to the court for arbitration unless the action is excluded under (b) of this section. The 31 costs of arbitration shall be paid in equal shares by the parties. 01  (b) A civil action is not required to be arbitrated as provided under (a) of this 02 section if the 03  (1) amount claimed by a party, excluding interest, costs, and attorney 04 fees, exceeds $50,000; 05  (2) parties have, under a written agreement made before or after the 06 accrual of the action, agreed to submit the claim to arbitration; or 07  (3) action 08  (A) is a class action; 09  (B) seeks equitable or declaratory relief; 10  (C) concerns the title to real property; 11  (D) is a probate action; 12  (E) is an appeal from a court of limited jurisdiction; 13  (F) involves divorce or domestic relations; 14  (G) is an appeal from action by an administrative agency; 15  (H) is a small claims action. 16  (c) When a claim is submitted as required by (a) of this section, the court shall 17 appoint an arbitrator to review the claim. An arbitrator appointed under this section 18 must be a member of the state bar association who has been admitted to the bar for 19 a minimum of five years or a member of the state bar association who is a retired 20 judge. The arbitrator appointed to review the claim shall interview the parties and 21 examine all records or materials relating to the claim and may compel the attendance 22 of witnesses, interview the parties, or consult with medical specialists. 23  (d) An arbitrator appointed under this section shall conduct a prehearing 24 settlement conference within 30 days after the appointment. The arbitrator shall 25 establish a period for discovery and a date for a hearing. The hearing date may not 26 be more than 120 days after the settlement conference. 27  (e) An arbitrator shall render a decision within 30 days after hearing a claim 28 under (d) of this section. The decision must contain findings of fact and conclusions 29 of law. The decision of the arbitrator may be rejected by a party. 30  (f) If the decision of the arbitrator is rejected by a party, the action may 31 proceed in the appropriate court. If an offer of judgment has not been entered by a 01 party, costs or actual reasonable attorney fees shall be assessed against a party who 02 requests a trial after arbitration, and who fails to improve that party's position in the 03 trial de novo. 04  (g) The provisions of AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) 05 apply to an arbitration under this section to the extent the provisions do not conflict 06 with the provisions of this section. 07  (h) Attorney fees and costs shall be included in the arbitrator's award only if 08 a party is found not liable or is awarded more than the party would have been awarded 09 under an offer of judgment entered under AS 09.30.065. If attorney fees and costs are 10 awarded, attorney fees and costs shall be calculated under the Alaska Rules of Civil 11 Procedure or AS 09.30.065, whichever applies. 12 * Sec. 19. AS 09.65 is amended by adding a new section to read: 13  Sec. 09.65.096. CIVIL LIABILITY OF HOSPITALS FOR CERTAIN 14 NONEMPLOYEES. (a) A hospital is not liable for civil damages as a result of an 15 act or omission by an emergency room physician who is not an employee or actual 16 agent of the hospital if the hospital provides notice that the emergency room physician 17 is an independent contractor and the emergency room physician is insured as described 18 under (c) of this section. The notice required by this subsection must be posted 19 conspicuously in all admitting areas of the hospital, published at least annually in a 20 newspaper of general circulation in the area, and must be in substantially the following 21 form: 22 Notice of Limited Liability 23 The following emergency room physicians are independent 24 contractors and are not employees of the hospital: 25 (List specific emergency room physicians) 26 The hospital is responsible for exercising reasonable care in granting privileges to 27 practice in the hospital, for reviewing those privileges on a regular basis, and for 28 taking appropriate steps to revoke or restrict privileges in appropriate circumstances. 29 The hospital is not otherwise liable for the acts or omissions of an emergency room 30 physician who is an independent contractor. 31  (b) This section does not preclude liability for civil damages that are the 01 proximate result of the hospital's own negligence or intentional misconduct. 02  (c) A hospital is not immune from liability under (a) of this section for an act 03 or omission of an emergency room physician who is an independent contractor unless 04 the emergency room physician has liability insurance coverage in the amount of at 05 least $500,000 per incident and the coverage is in effect and applicable to those health 06 care services offered by the emergency room physician that the hospital is required to 07 provide by law or by accreditation requirements. 08  (d) In this section, 09  (1) "emergency room physician" means a physician who provides health 10 care services in a hospital emergency room; 11  (2) "hospital" has the meaning given in AS 18.20.130 and includes a 12 governmentally owned or operated hospital; 13  (3) "independent contractor" means a licensed health care provider who 14 has been granted specified privileges to render health care services directly or 15 indirectly to patients at the hospital, but who is not an employee or actual agent of the 16 hospital in connection with the rendition of the health care services. 17 * Sec. 20. AS 09.65 is amended by adding a new section to read: 18  Sec. 09.65.190. CIVIL LIABILITY FOR FALSE CLAIMS AND IMPROPER 19 PRACTICE. (a) A person may not 20  (1) knowingly or recklessly file, or cause to be filed, a civil complaint, 21 answer, or other civil pleading that contains false allegations or material misstatements 22 of fact; 23  (2) sign a civil pleading before making reasonable inquiry and 24 determining that, to the best of the signer's knowledge, information, and belief, each 25 claim, defense, and allegation contained in the pleading is well grounded in fact and 26 is warranted by existing law or a good faith argument for the extension, modification, 27 or reversal of existing law; or 28  (3) interpose, in a civil action, a claim, defense, or allegation for an 29 improper purpose, including to harass or to cause unnecessary delay or needless 30 increase in the cost of litigation. 31  (b) If the trier of fact determines that a party to a civil action has intentionally 01 made a false statement of a material fact in connection with the prosecution or defense 02 of a civil action, the court shall enter judgment against the party making the false 03 statement on the issue to which the false statement relates. If the civil action involves 04 multiple claims and the false statement does not apply to all claims, the judgment 05 required under this section shall apply only to those claims to which the false 06 statement relates. 07  (c) A person who is injured by a violation of (a) of this section may bring an 08 action for compensatory and punitive damages. However, if the injury is the result of 09 an act or omission of a 10  (1) party, then the action shall be asserted in the same action in which 11 the injury arose; and 12  (2) nonparty, then the action shall be asserted in a separate action 13 commenced after entry of final judgment in the action in which the injury arose. 14  (d) A person who, on the person's own behalf or as a representative of a party, 15 takes part in the initiation, defense, continuation, or procurement of a civil action 16 against another is subject to civil liability for compensatory and punitive damages if 17 the person acts 18  (1) without probable cause on a claim or defense; or 19  (2) primarily for a purpose other than that of securing the proper 20 adjudication of a claim or defense involved in the civil action. 21  (e) In an action to recover damages under (c) of this section, a person is not 22 required to be the prevailing party in the civil action in which the violation of (a) of 23 this section occurred. 24  (f) A person may not bring a civil action to recover damages under (d) of this 25 section unless final judgment has been entered in the civil action described in (d) of 26 this section. For purposes of this subsection, a person is not required to be the 27 prevailing party in the civil action in which the violation of (d) of this section 28 occurred. 29  (g) If a person brings an action under (c) or (d) of this section, the court shall 30 award actual reasonable attorney fees to the prevailing party, regardless of whether the 31 prevailing party is the plaintiff or defendant. 01 * Sec. 21. AS 09.65.210 is repealed and reenacted to read: 02  Sec. 09.65.210. DAMAGES RESULTING FROM COMMISSION OF A 03 FELONY. (a) A person who suffers personal injury or property damage may not 04 recover damages for the personal injury or property damage if the injury occurred 05 while the person was committing or attempting to commit a felony, or fleeing from the 06 commission of a felony, and the felony substantially contributed to the injury or 07 property damage. 08  (b) The personal representative of a deceased person may not recover damages 09 for the person's death if the court determines by clear and convincing evidence that 10 the death occurred while the person was committing or attempting to commit a felony, 11 or fleeing from the commission of a felony, and that the felony substantially 12 contributed to the death. 13 * Sec. 22. AS 09.68 is amended by adding a new section to read: 14  Sec. 09.68.125. SIGNING OF PLEADINGS, MOTIONS, AND OTHER 15 PAPERS; SANCTIONS. Every pleading, motion, and other paper of a party 16 represented by an attorney shall be signed by at least one attorney of record in the 17 attorney's individual name, whose address shall be stated. A party who is not 18 represented by an attorney shall sign the party's pleading, motion, or other paper and 19 state the party's address. Except when otherwise specifically provided by the Alaska 20 Rules of Civil Procedure or statute, pleadings need not be verified or accompanied by 21 affidavit. The signature of an attorney or party constitutes a certificate by the signer 22 that the signer has read the pleading, motion, or other paper; that to the best of the 23 signer's knowledge, information, and belief formed after reasonable inquiry it is well 24 grounded in fact and is warranted by existing law or a good faith argument of the 25 extension, modification, or reversal of existing law; and that it is not interposed for any 26 improper purpose, including to harass or to cause unnecessary delay or needless 27 increase in the cost of litigation. If a pleading, motion, or other paper is not signed, 28 it shall be stricken unless it is signed promptly after the omission is called to the 29 attention of the pleader or movant. If it is alleged or appears that a pleading, motion, 30 or other paper is signed in violation of this section, the court, upon motion or upon its 31 own initiative, may set the matter for hearing. If the court determines that a pleading, 01 motion, or other paper is signed in violation of this section, the court shall impose 02 upon the person who signed it, a represented party, or both, an appropriate sanction 03 that may include an order to pay to the other party the amount of the reasonable 04 expenses incurred because of the filing of the pleading, motion, or other paper, 05 including costs and attorney fees, and monetary sanctions not to exceed $10,000. 06 * Sec. 23. AS 09.30.065, as amended by sec. 14 of this Act, has the effect of amending 07 Rule 68, Alaska Rules of Civil Procedure, by changing the provisions governing offers of 08 judgment. 09 * Sec. 24. AS 09.55.700(f) and (h), enacted in sec. 18 of this Act, have the effect of 10 amending Rule 82(b), Alaska Rules of Civil Procedure, by changing the rules for awards of 11 attorney fees in certain civil actions. 12 * Sec. 25. AS 09.55.700(f) and (h), enacted in sec. 18 of this Act, has the effect of 13 amending Rule 79(b), Alaska Rules of Civil Procedure, by changing the rule for awarding 14 costs in certain civil actions. 15 * Sec. 26. AS 09.65.190(c)(1), as enacted by sec. 20 of this Act, has the effect of 16 amending Rule 13(e), Alaska Rules of Civil Procedure, by requiring a claim under 17 AS 09.65.190(a) that is acquired after service of a pleading to be asserted in the same action. 18 * Sec. 27. AS 09.65.190(g), enacted in sec. 20 of this Act, has the effect of amending Rule 19 82(b), Alaska Rules of Civil Procedure, by allowing the award of actual reasonable attorney 20 fees in a civil action for false claims or improper civil practice. 21 * Sec. 28. AS 09.68.125, as enacted in sec. 22 of this Act, has the effect of amending 22 Alaska Rule of Civil Procedure 95, by requiring imposition of sanctions for certain failures 23 to sign pleadings, motions, or other papers. 24 * Sec. 29. SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the 25 application of a provision of this Act to any person or circumstance is held invalid, the 26 remainder of this Act and the application to other persons shall not be affected. 27 * Sec. 30. APPLICABILITY. Sections 7 and 8 of this Act apply to a civil action that has 28 accrued on, after, or before the effective date of this Act, if judgment has not been entered in 29 the civil action before the effective date of this Act. Except for secs. 7 and 8 of this Act, this 30 Act applies to all causes of action accruing on or after the effective date of this Act.