00SENATE BILL NO. 184                                                                                                     
01 "An Act relating to civil liability for false claims and improper allegations or                                        
02 defenses in civil practice; and providing for an effective date."                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05  Sec. 09.65.190.  CIVIL LIABILITY FOR FALSE CLAIMS AND IMPROPER                                                        
06 PRACTICE.  (a)  A person may not                                                                                        
07   (1)  knowingly or recklessly file, or cause to be filed, a civil complaint,                                          
08 answer, or other civil pleading that contains false or misleading allegations or material                               
09 misstatements of fact;                                                                                                  
10   (2)  sign a civil pleading before making reasonable inquiry and                                                      
11 determining that, to the best of the signer's knowledge, information, and belief, each                                  
12 claim, defense, and allegation contained in the pleading is well grounded in fact and                                   
13 is warranted by existing law or a good faith argument for the extension, modification,                                  
14 or reversal of existing law; or                                                                                         

01   (3)  interpose, in a civil action, a claim, defense, or allegation for an                                            
02 improper purpose, including to harass or to cause unnecessary delay or needless                                         
03 increase in the cost of litigation.                                                                                     
04  (b)  A person who is injured by a violation of (a) of this section may bring an                                       
05 action for compensatory and punitive damages.                                                                           
06  (c)  A person who, on the person's own behalf or as a representative of a party,                                      
07 takes part in the initiation, defense, continuation, or procurement of a civil action                                   
08 against another is subject to civil liability for compensatory and punitive damages if                                  
09 the person acts                                                                                                         
10   (1)  without probable cause on a claim or defense; or                                                                
11   (2)  primarily for a purpose other than that of securing the proper                                                  
12 adjudication of a claim or defense involved in the civil action.                                                        
13  (d)  A person may not bring a civil action to recover damages under (c) of this                                       
14 section unless the person is the prevailing party and final judgment has been entered                                   
15 in the civil action described in (c) of this section.                                                                   
16    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).