Enrolled HB 549: Relating to unsolicited communications following an aircraft accident.
00Enrolled HB 549 01 Relating to unsolicited communications following an aircraft accident. 02 _______________ 03 * Section 1. AS 02.40 is amended by adding a new section to read: 04 Sec. 02.40.030. Unsolicited communication prohibited. (a) Except as 05 provided in (c) of this section, in the event of an accident involving an air carrier 06 providing intrastate transportation of passengers, an attorney may not initiate a contact 07 with an individual injured in the accident or a relative of an individual injured or killed 08 in the accident for the purpose of offering or discussing potential representation in an 09 action based on the accident for personal injury or wrongful death within 45 days 10 following the accident. In this subsection, "attorney" includes an attorney for an air 11 carrier and an associate, agent, employee, or other representative of an attorney. 12 (b) During the 45-day period described in (a) of this section, an agent or 13 representative of an air carrier or its insurer may not initiate contact with an individual 14 injured in the accident or a relative of an individual injured or killed in the accident for 15 the purpose of offering a final settlement of a claim.
01 (c) The prohibitions in (a) and (b) of this section do not apply to the activities 02 that an air carrier or its insurers may undertake, or the obligations that an air carrier or 03 its insurers may have to 04 (1) provide a passenger or the family of a passenger injured or killed in 05 an aircraft accident with short-term physical or financial assistance; or 06 (2) meet the obligations of the air carrier under 49 U.S.C. 4113 07 (Aviation Disaster Family Assistance Act of 1996). 08 (d) The attorney general or an aggrieved person may institute a civil action 09 against a person who violates this section. In addition to injunctive and compensatory 10 relief, a civil penalty not to exceed $10,000 may be imposed for each violation. 11 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. This Act applies to an accident involving an air carrier that occurs 14 on or after the effective date of this Act.