00                              HOUSE BILL NO. 29                                                                          
01 "An Act requiring a party seeking a restraining order, preliminary injunction, or order                                 
02 vacating or staying the operation of a permit affecting an industrial operation to give                                 
03 security in an amount the court considers proper and requiring a court that determines                                  
04 the proper amount of the security to consider including an amount for the payment of                                    
05 wages and benefits for employees and payments to contractors and subcontractors that                                    
06 may be lost if the industrial operation is wrongfully enjoined."                                                        
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 09.40.230 is amended by adding new subsections to read:                                            
09            (b)  A party seeking a restraining order, preliminary injunction, or order                                   
10       vacating or staying the operation of a permit that affects an industrial operation shall                          
11       give security in an amount the court considers proper for costs that may be incurred                              
12       and damages that may be suffered by an industrial operation that has been wrongfully                              
13       enjoined or restrained. A court determining the proper amount of the security shall                               
01       consider an amount for the payment of wages and benefits for employees and payment                                
02       to contractors and subcontractors of the industrial operation. In this subsection,                                
03       "industrial operation" includes a construction, energy, or timber activity and oil, gas,                          
04       and mineral exploration, development, and production.                                                             
05            (c)  The existence of security under (b) of this section does not                                            
06                 (1)  prohibit a person who is wrongly enjoined or restrained from                                       
07       obtaining relief that may be available to that person; or                                                         
08                 (2)  limit the amount that a party may recover in the action.