SB 324: "An Act relating to punitive damages in a civil action for discrimination related to employment; relating to arbitration in a civil action; amending Rules 79(b) and 82(b), Alaska Rules of Civil Procedure, and repealing Rule 72.1, Alaska Rules of Civil Procedure; and providing for an effective date."
00SENATE BILL NO. 324 01 "An Act relating to punitive damages in a civil action for discrimination related 02 to employment; relating to arbitration in a civil action; amending Rules 79(b) and 03 82(b), Alaska Rules of Civil Procedure, and repealing Rule 72.1, Alaska Rules of 04 Civil Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.55.535 is repealed and reenacted to read: 07 Sec. 09.55.535. MANDATORY ARBITRATION. (a) A person who files an 08 action for personal injury, death, or property damage shall also submit the claim to the 09 court for arbitration unless the action is excluded under (b) of this section. 10 (b) A person is not required to comply with (a) of this section if the 11 (1) amount in controversy, excluding interest, costs, and attorney fees, 12 exceeds $100,000; 13 (2) parties have, under a written agreement made before the accrual of 14 the action, agreed to submit the claim to arbitration; or
01 (3) action 02 (A) is a class action; 03 (B) seeks equitable or declaratory relief; 04 (C) concerns the title to real property; 05 (D) is a probate action; 06 (E) is an appeal from a court of limited jurisdiction; 07 (F) involves divorce or domestic relations; 08 (G) is an appeal from action by an administrative agency. 09 (c) When a claim is submitted as required by (a) of this section, the court shall 10 appoint an arbitrator to review the claim. The arbitrator appointed to review the claim 11 shall interview the parties and examine all records or materials relating to the claim 12 and may compel the attendance of witnesses, interview the parties, or consult with 13 medical specialists. 14 (d) An arbitrator appointed under this section shall conduct a prehearing 15 settlement conference within 30 days after the appointment. The arbitrator shall 16 establish a period for discovery and a date for a hearing. The hearing date may not 17 be more than 120 days after the settlement conference. 18 (e) An arbitrator shall render a decision within 30 days after hearing a claim 19 under (d) of this section. The decision must contain findings of fact and conclusions 20 of law. The decision of the arbitrator may be rejected by a party. 21 (f) If the decision of the arbitrator is rejected by a party, the action may 22 proceed in the appropriate court. The arbitrator's decision is admissible in that action 23 to the extent allowed under the Alaska Rules of Evidence and may be used by a party 24 to support or oppose a claim of damages. If a party rejects the decision of the 25 arbitrator and litigates the action in court but is not the prevailing party in the action, 26 the court shall award actual costs and attorney fees to the opposing party. 27 (g) The provisions of AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) 28 apply to an arbitration under this section to the extent the provisions do not conflict 29 with the provisions of this section. 30 * Sec. 2. AS 18.80 is amended by adding a new section to read: 31 Sec. 18.80.225. PUNITIVE DAMAGES FOR UNLAWFUL EMPLOYMENT
01 PRACTICES. (a) In an action against an employer to recover damages for an 02 unlawful employment practice prohibited by AS 18.80.220, the amount of punitive 03 damages awarded by the court or jury may not exceed 04 (1) $50,000 if the employer has less than 101 employees; 05 (2) $100,000 if the employer has more than 100 but less than 201 06 employees; 07 (3) $200,000 if the employer has more than 200 but less than 501 08 employees; 09 (4) $300,000 if the employer has more than 500 employees. 10 (b) This section may not be construed to allow an award of punitive damages 11 against the state. 12 (c) In this section, "employees" means persons employed in each of 20 or 13 more calendar weeks in the current or preceding calendar year. 14 * Sec. 3. AS 22.10.020(i) is amended to read: 15 (i) The superior court is the court of original jurisdiction over all causes of 16 action arising under the provisions of AS 18.80. A person who is injured or 17 aggrieved by an act, practice, or policy that [WHICH] is prohibited under AS 18.80 18 may apply to the superior court for relief. The person aggrieved or injured may 19 maintain an action on behalf of that person or on behalf of a class consisting of all 20 persons who are aggrieved or injured by the act, practice, or policy giving rise to the 21 action. In an action brought under this subsection, the court may grant relief as to any 22 act, practice, or policy of the defendant that [WHICH] is prohibited by AS 18.80, 23 regardless of whether each act, practice, or policy, with respect to which relief is 24 granted, directly affects the plaintiff, so long as a class or members of a class of which 25 the plaintiff is a member are or may be aggrieved or injured by the act, practice, or 26 policy. The court may enjoin any act, practice, or policy that [WHICH] is illegal 27 under AS 18.80 and may, subject to AS 18.80.225, order any other relief, including 28 the payment of money, that is appropriate. 29 * Sec. 4. AS 08.64.326(a)(12); AS 08.68.270(10); AS 09.55.536, 09.55.560(2), and 30 09.55.560(3) are repealed. 31 * Sec. 5. Rule 72.1, Alaska Rules of Civil Procedure, is repealed.
01 * Sec. 6. AS 09.55.535(f), enacted in sec. 1 of this Act, has the effect of amending Alaska 02 Rule of Civil Procedure 79(b), by allowing the award of actual costs in certain actions. 03 * Sec. 7. AS 09.55.535(f), enacted in sec. 1 of this Act, has the effect of amending Alaska 04 Rule of Civil Procedure 82(b), by allowing the award of actual attorney fees in certain actions. 05 * Sec. 8. This Act takes effect July 1, 1996.