00                            HOUSE BILL NO. 246                                                                          
01 "An Act requiring a member to opt into a class action; and amending Rule 23(c), Alaska                                  
02 Rules of Civil Procedure."                                                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06            DIRECT COURT RULE AMENDMENT.  Rule 23(c), Alaska Rules of Civil                                              
07       Procedure, is amended to read:                                                                                    
08            (c)  Determination by Order Whether Class Action to Be Maintained -                                        
09       Notice - Judgment - Actions Conducted Partially as Class Actions.                                               
10                 (1)  As soon as practicable after the commencement of an action                                         
11       brought as a class action, the court shall determine by order whether it is to be so                              
12       maintained.  An order under this subdivision may be conditional, and may be altered                               
13       or amended before the decision on the merits.                                                                     
14                 (2)  In any class action maintained under subdivision (b) (3), the court                                

01       shall direct to the members of the class the best notice practicable under the                                    
02       circumstances, including individual notice to all members who can be identified                                   
03       through reasonable effort.  The notice shall advise each member that (A) the court will                           
04       include [EXCLUDE] the member in [FROM] the class if the member so requests by a                           
05       specified date; (B) the judgment, whether favorable or not, will include all members                              
06       who requested inclusion [DO NOT REQUEST EXCLUSION]; and (C) any member                                        
07       who requests inclusion [DOES NOT REQUEST EXCLUSION] may, if the member                                        
08       desires, enter an appearance through his counsel.                                                                 
09                 (3)  The judgment in an action maintained as a class action under                                       
10       subdivision (b) (1) or (b) (2), whether or not favorable to the class, shall include and                          
11       describe those whom the court finds to be members of the class.  The judgment in the                              
12       action maintained as a class action under subdivision (b) (3), whether or not favorable                           
13       to the class, shall include and specify or describe those to whom the notice provided in                          
14       subdivision (c) (2) was directed, and who [HAVE NOT] requested inclusion                                      
15       [EXCLUSION], and whom the court finds to be members of the class.                                                 
16                 (4)  When appropriate (A) an action may be brought or maintained as a                                   
17       class action with respect to particular issues, or (B) a class may be divided into                                
18       subclasses and each subclass treated as a class, and the provisions of this rule shall                            
19       then be counted and applied accordingly.                                                                          
20    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       CONDITIONAL EFFECT.  This Act takes effect only if this Act receives the two-                                     
23 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                           
24 Alaska.