00                              HOUSE BILL NO. 59                                                                          
01 "An Act relating to vulnerable adults; establishing civil liability for abuse or                                        
02 exploitation of a vulnerable adult; and amending Rule 4, Alaska Rules of Civil                                          
03 Procedure."                                                                                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 47.24 is amended by adding a new section to read:                                                 
06            Sec. 47.24.150.  Civil liability for abuse or exploitation.  (a)  The                                      
07       department, a vulnerable adult, or a person representing an incapacitated person who                              
08       is a vulnerable adult may bring a civil action against a person who has caused the                                
09       abuse or exploitation of a vulnerable adult.                                                                      
10            (b)  An action may be brought under this section against a person for                                        
11       permitting another person to engage in abuse or exploitation of a vulnerable adult if                             
12       the person knowingly acts or fails to act under circumstances in which a reasonable                               
13       person should have known of the abuse or exploitation.                                                            
14                                                                                                                         
01            (c)  In addition to damages awarded under AS 09.17.040, the court shall award                                
02       to a prevailing plaintiff under (a) or (b) of this section                                                        
03                 (1)  punitive damages in an amount equal to three times all economic                                    
04       damages resulting from the abuse or exploitation or $500, whichever amount is                                     
05       greater;                                                                                                          
06                 (2)  punitive damages in an amount equal to three times all                                             
07       noneconomic damages resulting from the abuse or exploitation;                                                     
08                 (3)  reasonable attorney fees; and                                                                      
09                 (4)  reasonable fees for the services of the department, a conservator, or                              
10       guardian ad litem incurred by reason of the litigation of the claim brought under this                            
11       section.                                                                                                          
12            (d)  A person commencing an action under this section shall serve a copy of                                  
13       the complaint on the attorney general within 30 days after the action is commenced.                               
14            (e)  Damages awarded under this section shall be deposited in an account for                                 
15       the use and benefit of the vulnerable adult.                                                                      
16    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18       INDIRECT COURT RULE AMENDMENT.  AS 47.24.150(d), enacted by sec. 1 of                                             
19 this Act, has the effect of changing Rule 4, Alaska Rules of Civil Procedure, by requiring                              
20 service of the attorney general for an action filed under this Act.                                                     
21    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23       CONDITIONAL EFFECT.  AS 47.24.150(d), enacted by sec. 1 of this Act, takes                                        
24 effect only if sec. 2 of this Act receives the two-thirds majority vote of each house required by                       
25 art. IV, sec. 15, Constitution of the State of Alaska.