00CS FOR SENATE BILL NO. 123(FIN)                                                                                       
01 "An Act relating to public interest litigants and to attorney fees; and amending                                        
02 Rule 82, Alaska Rules of Civil Procedure."                                                                              
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.   Attorney fees may only be awarded to or                                        
12 against a public interest litigant as provided in Rule 82(g), Alaska Rules of Civil                                     
13 Procedure, on the effective date of this Act.                                                                          
14    * Sec. 2.  Rule 82(b), Alaska Rules of Civil Procedure, is amended by adding a new                                 

01 paragraph to read:                                                                                                      
02   (5)  If the court chooses to vary an award of attorney's fees under (b)(3)                                           
03 of this rule by increasing the award beyond the amounts provided in (b)(1) or (2) of                                    
04 this rule, then the court shall apportion the attorney's fees by issue and may only                                     
05 award the increased fees for an issue the party prevailed upon unless the court finds                                   
06 exceptional circumstances to be present that require an increased award of fees without                                 
07 apportionment by issue.                                                                                                 
08    * Sec. 3.  Rule 82, Alaska Rules of Civil Procedure, is amended by adding a new                                    
09 subsection to read:                                                                                                     
10  (g) Attorney's Fees for Public Interest Litigants.  Attorney's fees shall be                                        
11 awarded to or against a public interest litigant in the same manner as attorney's fees                                  
12 may be awarded to or against a non-public interest litigant under (b) of this section.                                  
13    * Sec. 4.  Section 1 of this Act takes effect only if secs. 2 and 3 of this Act receive the                        
14 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State                          
15 of Alaska.