00 HOUSE BILL NO. 176 am(fld H)                                                                                          
01 "An Act relating to attorney fees and costs and the granting of public interest                                         
02 litigant status in proceedings related to administrative actions and inactions."                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 09.60.010 is amended to read:                                                                     
05  Sec. 09.60.010.  Costs and attorney fees allowed prevailing party.  The                                             
06 supreme court shall determine by rule or order the costs, if any, that may be allowed                                   
07 a prevailing party in a civil action.  Unless specifically authorized by statute or by                                  
08 agreement between the parties, attorney fees may not be awarded to a party in a civil                                   
09 action for personal injury, death, or property damage related to or arising out of fault,                               
10 as defined in AS 09.17.900, unless the civil action is contested without trial, or fully                                
11 contested as determined by the court.   A party bringing a civil action that seeks                                     
12 judicial review of an action or a failure to act by a department of the executive                                       
13 branch of state government may not be awarded public interest litigant status,                                          
14 and the prevailing party in the action is entitled to an award of attorney fees and                                     
01 costs as in other civil actions.                                                                                       
02    * Sec. 2.  AS 44.62.300 is amended by adding a new subsection to read:                                             
03  (b)  An interested person bringing an action under this section may not be                                            
04 granted public interest litigant status by a court, and the prevailing party in the action                              
05 is entitled to an award of attorney fees and costs as in other civil actions.                                           
06    * Sec. 3.  AS 44.62.560 is amended by adding a new subsection to read:                                             
07  (f)  A person bringing an appeal under this section may not be granted public                                         
08 interest litigant status by a court, and the prevailing party in the appeal is entitled to                              
09 an award of attorney fees and costs as in other appeals.