00SENATE CS FOR CS FOR HOUSE BILL NO. 79(JUD)                                                                             
01 "An Act relating to recovery from a parent or legal guardian of wilful or                                               
02 malicious destruction of property by a minor."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 34.50.020(a) is amended to read:                                                                    
05  (a)  A person, municipal corporation, association, village, school district, or                                       
06 religious or charitable organization, incorporated or unincorporated, may recover                                       
07 damages in a civil action in an amount not to exceed $5,000 [$2,000] and court costs,                                 
08 from either parent or both parents or the legal guardian or person having the legal                                     
09 custody of an unemancipated minor under the age of 18 years, who maliciously or                                         
10 wilfully destroys real or personal property belonging to the person, municipal                                          
11 corporation, association, village, school district, or religious or charitable organization.                            
12    * Sec. 2.  AS 34.50.020 is amended by adding a new subsection to read:                                               
13  (c)  A parent, legal guardian, or person having the legal custody of an                                               
14 unemancipated minor under the age of 18 years is not liable in damages under (a) of                                     

01 this section for the act of a minor                                                                                     
02   (1)  unless the parent, legal guardian, or person having the legal custody                                           
03 of the minor has been made a party in the civil action;                                                                 
04   (2)  if the parent, legal guardian, or person having the legal custody of                                            
05 the minor has acted reasonably to exercise control over the minor or to influence the                                   
06 minor's behavior; or                                                                                                    
07   (3)  if the minor was a runaway minor after the parent, legal guardian,                                              
08 or person having the legal custody of the minor makes a report to a law enforcement                                     
09 agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing;                                    
10 in this paragraph, "runaway minor" means a minor whom the minor's parent, legal                                         
11 guardian, or legal custodian reasonably believes is absent from the minor's residence                                   
12 for the purpose of evading the minor's parent, legal guardian, or legal custodian, or                                   
13 who is otherwise missing from the minor's usual place of abode without the  consent                                     
14 of the parent, legal guardian, or person having legal custody of the minor.