CCS HB 9: "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor."
00CONFERENCE CS FOR HOUSE BILL NO. 9 01 "An Act relating to recovery of damages from a parent, legal guardian, or person 02 having legal custody of a minor when property is destroyed by the minor, and 03 to recovery from a minor's permanent fund dividend for injury or damage 04 caused by the minor." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 34.50.020(a) is amended to read: 07 (a) A person, municipal corporation, association, village, school district, or 08 religious or charitable organization, incorporated or unincorporated, may recover 09 damages in a civil action in an amount not to exceed $10,000 [$2,000] and court costs 10 [,] from either parent, [OR] both parents, or the legal guardian [OR PERSON 11 HAVING THE LEGAL CUSTODY] of an unemancipated minor under the age of 18 12 years [,] who, as a result of a knowing or intentional act, [MALICIOUSLY OR 13 WILFULLY] destroys real or personal property belonging to the person, municipal 14 corporation, association, village, school district, or religious or charitable organization.
01 However, for purposes of this subsection, recovery in damages shall be 02 apportioned by the court between the parents or between the parents and legal 03 guardian, or both, without regard to legal custody but with due consideration for 04 the actual care and custody of the minor provided by the parents or legal 05 guardian. 06 * Sec. 2. AS 34.50.020 is amended by adding a new subsection to read: 07 (c) A parent or, if any, a legal guardian of an unemancipated minor under the 08 age of 18 years who is a runaway or missing minor is not liable under (a) of this 09 section for the acts of the minor that are committed by the minor after a parent or, if 10 any, a legal guardian of the minor has made a report to a law enforcement agency, as 11 authorized by AS 47.10.141(a), that the minor has run away or is missing. In this 12 subsection, "runaway or missing minor" means a minor who a parent or legal guardian 13 of the minor reasonably believes is absent from the minor's residence for the purpose 14 of evading a parent or the legal guardian of the minor, or who is otherwise missing 15 from the minor's usual place of abode without the consent of a parent or the legal 16 guardian of the minor. 17 * Sec. 3. AS 43.23.065(b) is amended to read: 18 (b) An exemption is not available under this section for permanent fund 19 dividends taken to satisfy 20 (1) child support obligations required by court order or decision of the 21 child support enforcement agency under AS 25.27.140 - 25.27.220; 22 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 23 or AS 47.10.080(b)(4); 24 (3) claims on defaulted scholarship loans under AS 43.23.067; 25 (4) court ordered fines; 26 (5) writs of execution under AS 09.35 of a judgment that is entered 27 (A) against a minor in a civil action to recover damages; 28 recovery under this subparagraph is limited to $10,000 [$2,000] and court costs 29 [, AND MAY BE OBTAINED ONLY WHEN THE JUDGMENT IS BASED 30 UPON 31 (i) AN ACT OF THE MINOR THAT IS DEFINED
01 AS A CRIME AGAINST A PERSON UNDER AS 33.30.901, THAT 02 INJURED THE PLAINTIFF, AND FOR WHICH THE MINOR WAS 03 ADJUDICATED A DELINQUENT OR CONVICTED AS AN ADULT; 04 OR 05 (ii) THE MINOR'S INTENTIONAL OR KNOWING 06 INJURY OF REAL OR PERSONAL PROPERTY OF THE 07 PLAINTIFF]; 08 (B) under AS 34.50.020 against the parent, parents, or legal 09 guardian [, OR PERSON HAVING THE LEGAL CUSTODY] of an 10 unemancipated minor; 11 (6) a debt owed by an eligible individual to an agency of the state, 12 unless the debt is contested and an appeal is pending, or the time limit for filing an 13 appeal has not expired.