00                     CS FOR HOUSE BILL NO. 249(JUD) am                                                                  
01 "An Act relating to the award of costs and attorney fees to defendants under court rule                                 
02 in civil actions brought under monopoly and restraint of trade statutes; and providing                                  
03 for an effective date."                                                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07       LEGISLATIVE INTENT.  This Act is intended to clarify and express the intent of                                    
08 existing law.                                                                                                           
09    * Sec. 2.  AS 45.50.576 is amended by adding a new subsection to read:                                             
10       (c)  In a civil action brought under AS 45.50.562 - 45.50.570, if judgment is for the                             
11 defendant, the defendant shall be awarded the defendant's costs of the suit, including                                  
12 reasonable attorney fees in accordance with rules adopted by the supreme court for awarding                             
13 costs and attorney fees to prevailing parties in civil actions.  If the plaintiff in a civil action                     
14 brought under this section in which judgment is for the defendant is a class certified under                            

01 Rule 23, Alaska Rules of Civil Procedure, any award of costs and attorney fees to the                                   
02 defendant                                                                                                               
03                 (1)  may be satisfied only through funds, if any, that the class has                                    
04       collected from settlements with or judgments against other defendants; and                                        
05                 (2)  is not a liability of any individual member of the class.                                          
06    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).