00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42                                                                              
01 "An Act relating to civil liability for certain false or improper allegations in a                                      
02 civil pleading or for certain improper acts relating to a civil action; amending                                        
03 Rule 82(b), Alaska Rules of Civil Procedure; and providing for an effective date."                                      
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                 
06  Sec. 09.65.190.  Civil liability for false claims and improper practice.  (a)                                       
07 A person may not                                                                                                        
08   (1)  sign a civil complaint, answer, or other civil pleading that contains                                           
09 false allegations that are material to the claims asserted in the civil action with the                                 
10 intention of asserting allegations that are false; or                                                                   
11   (2)  sign a civil pleading before making reasonable inquiry and                                                      
12 determining that, to the best of the signer's knowledge, information, and belief, each                                  
13 claim, defense, and allegation contained in the pleading is well grounded in fact and                                   
14 is warranted by existing law or a good faith argument for the extension, modification,                                  
01 or reversal of existing law.                                                                                            
02  (b)  If the trier of fact determines that a party to a civil action has knowingly                                     
03 made a false statement of a material fact in connection with the prosecution or defense                                 
04 of a civil action, the court shall enter judgment against the party making the false                                    
05 statement on the issue to which the false statement relates.  If the civil action involves                              
06 multiple claims and the false statement does not apply to all claims, the judgment                                      
07 required under this subsection shall apply only to those claims to which the false                                      
08 statement relates.                                                                                                      
09  (c)  A person may not, on the person's own behalf or as a representative of a                                         
10 party, take part in the initiation, defense, continuation, or procurement of a civil action                             
11 against another person if the person acts                                                                               
12   (1)  without probable cause on a claim or defense; or                                                                
13   (2)  primarily for a purpose other than that of securing the proper                                                  
14 adjudication of a claim or defense involved in the civil action.                                                        
15  (d)  A party who is injured by a violation of                                                                         
16   (1)  paragraph (a)(1) of this section may bring an action for                                                        
17 compensatory and punitive damages against the person who signed the civil pleading;                                     
18   (2)  paragraph (a)(2) of this section may bring an action for recovery                                               
19 of compensatory damages against the person who signed the pleading; compensatory                                        
20 damages awarded under this paragraph may not exceed the actual reasonable costs and                                     
21 attorney fees that were incurred by the party who was injured, but were not awarded                                     
22 to that party in the action in which the violation of (a)(2) of this section occurred; and                              
23   (3)  subsection (c) of this section may bring an action for compensatory                                             
24 and punitive damages against the person who took part in the initiation, continuation,                                  
25 defense, or procurement of the civil action.                                                                            
26  (e)  If a party brings an action under (d) of this section, the court shall award                                     
27 actual reasonable attorney fees to the prevailing party regardless of whether the                                       
28 prevailing party is the plaintiff or defendant.                                                                         
29  (f)  A person may not bring a civil action to recover damages under                                                   
30   (1)  subsections (c) or (d) of this section unless final judgment has been                                           
31 entered in the civil action described in (a) or (c) of this section; and                                                
01   (2)  subsection (c) of this section unless                                                                           
02   (A)  in the civil action described in (a) or (c) of this section, a                                                 
03 notice of the specific conduct alleged to violate (a) or (c) of this section is                                         
04 served on the opposing party as required under the Alaska Rules of Civil                                                
05 Procedure, but not filed with the court; and                                                                            
06   (B)  the challenged conduct is not appropriately corrected within                                                   
07 21 days after notice is served.                                                                                         
08  (g)  This section does not apply to an action                                                                         
09   (1)  brought by a person incarcerated by the state;                                                                  
10   (2)  involving divorce or dissolution; or                                                                            
11   (3)  involving adoption, custody, support, or visitation of a child.                                                 
12  (h)  In this section, "civil pleading" includes motions and affidavits.                                               
13    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section                            
14 to read:                                                                                                                
15  INDIRECT COURT RULE AMENDMENT.  AS 09.65.190(e), enacted in sec. 1 of this                                             
16 Act, has the effect of amending Rule 82(b), Alaska Rules of Civil Procedure, by allowing the                            
17 award of actual reasonable attorney fees in certain civil actions.                                                      
18    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section                            
19 to read:                                                                                                                
20  APPLICABILITY.  This Act applies to an action that accrues on or after the effective                                   
21 date of this Act.                                                                                                       
22    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section                            
23 to read:                                                                                                                
24  SEVERABILITY.  Under AS 01.10.030, if any provision of this Act or the application                                     
25 of a provision of this Act to any person or circumstance is held invalid, the remainder of this                         
26 Act and the application to other persons shall not be affected.                                                         
27    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).