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HB 36: "An Act relating to recovery from a minor's permanent fund dividend for injury or damage caused by the minor, and from a parent or legal guardian for wilful or malicious destruction of property by a minor."

00 HOUSE BILL NO. 36                                                                                                       
01 "An Act relating to recovery from a minor's permanent fund dividend for injury                                          
02 or damage caused by the minor, and from a parent or legal guardian for wilful                                           
03 or malicious destruction of property by a minor."                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 34.50.020(a) is amended to read:                                                                    
06  (a)  A person, municipal corporation, association, village, school district, or                                       
07 religious or charitable organization, incorporated or unincorporated, may recover                                       
08 damages in a civil action in an amount not to exceed $10,000 [$2,000] and court costs,                                
09 from either parent or both parents or the legal guardian or person having the legal                                     
10 custody of an unemancipated minor under the age of 18 years, who maliciously or                                         
11 wilfully destroys real or personal property belonging to the person, municipal                                          
12 corporation, association, village, school district, or religious or charitable organization.                            
13    * Sec. 2.  AS 43.23.065(b) is amended to read:                                                                       
14     (b)  An exemption is not available under this section for permanent fund                                           
01 dividends taken to satisfy                                                                                              
02     (1)  child support obligations required by court order or decision of the                                          
03 child support enforcement agency under AS 25.27.140 - 25.27.220;                                                        
04     (2)  court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100,                                          
05 or AS 47.10.080(b)(4);                                                                                                  
06     (3)  claims on defaulted scholarship loans under AS 43.23.067;                                                     
07     (4)  court ordered fines;                                                                                          
08     (5)  writs of execution under AS 09.35 of a judgment that is entered                                               
09    (A)  against a minor in a civil action to recover damages;                                                         
10 recovery under this subparagraph is limited to $10,000 [$2,000] and court costs,                                      
11 and may be obtained only when the judgment is based upon                                                                
12   (i)  an act of the minor that is defined as a crime against                                                        
13 a person under AS 33.30.901, that injured the plaintiff, and for which                                                  
14 the minor was adjudicated a delinquent or convicted as an adult; or                                                     
15   (ii)  the minor's intentional or knowing injury of real or                                                         
16 personal property of the plaintiff;                                                                                     
17    (B)  under AS 34.50.020 against the parent, parents, legal                                                         
18 guardian, or person having the legal custody of an unemancipated minor;                                                 
19     (6)  a debt owed by an eligible individual to an agency of the state,                                              
20 unless the debt is contested and an appeal is pending, or the time limit for filing an                                  
21 appeal has not expired.