00                            HOUSE BILL NO. 468                                                                          
01 "An Act relating to the amount of the bond required to stay execution of a judgment in                                  
02 civil litigation involving a signatory, a successor of a signatory, or an affiliate of a                                
03 signatory to the tobacco product Master Settlement Agreement during an appeal;                                          
04 amending Rules 204 and 205, Alaska Rules of Appellate Procedure; and providing for                                      
05 an effective date."                                                                                                     
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 43.53 is amended by adding a new section to read:                                                 
08            Sec. 45.53.050.  Stays pending appeal in civil cases.  (a)  Except as provided                             
09       in (b) of this section, in order to secure and protect the money to be received as a result                       
10       of the Master Settlement Agreement, in civil litigation under any legal theory                                    
11       involving a signatory, a successor of a signatory, or an affiliate of a signatory to the                          
12       Master Settlement Agreement, the supersedeas bond to be furnished in order to stay                                
13       the execution of the judgment during the entire course of appellate review shall be set                           

01       in accordance with applicable laws or court rules, except that the total bond that is                             
02       required of all appellants collectively may not exceed $25,000,000, regardless of the                             
03       value of the judgment.                                                                                            
04            (b)  If an appellee proves by a preponderance of the evidence that an appellant                              
05       is dissipating assets outside the ordinary course of business to avoid the payment of a                           
06       judgment, a court may require the appellant to post a bond in an amount up to the full                            
07       amount of the judgment.                                                                                           
08    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       INDIRECT COURT RULE AMENDMENT.  AS 45.53.050, added by sec. 1 of this                                             
11 Act, has the effect of changing Rules 204 and 205, Alaska Rules of Appellate Procedure, by                              
12 limiting the court's discretion to determine the amount of a supersedeas bond in certain cases.                         
13    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       APPLICABILITY.  This Act applies to all cases pending on or filed on or after the                                 
16 effective date of this Act.                                                                                             
17    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19       CONDITIONAL EFFECT.  AS 45.53.050, added by sec. 1 of this Act, takes effect                                      
20 only if sec. 2 of this Act receives the two-thirds majority vote of each house required by art.                         
21 IV, sec. 15, Constitution of the State of Alaska.                                                                       
22    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).