CSHB 9(JUD): "An Act relating to recovery of damages from a minor's parent or legal guardian 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."
00CS FOR HOUSE BILL NO. 9(JUD) 01 "An Act relating to recovery of damages from a minor's parent or legal guardian 02 when property is destroyed by the minor, and to recovery from a minor's 03 permanent fund dividend for injury or damage caused by the 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, as a result of 11 a knowing or intentional act, [MALICIOUSLY OR WILFULLY] destroys real or 12 personal property belonging to the person, municipal corporation, association, village, 13 school district, or religious or charitable organization. 14 * Sec. 2. AS 34.50.020 is amended by adding a new subsection to read:
01 (c) A parent, legal guardian, or person having the legal custody of an 02 unemancipated minor under the age of 18 years who is a runaway or missing minor 03 is not liable under (a) of this section for the acts of the minor after the parent, legal 04 guardian, or person having the legal custody of the minor makes a report to a law 05 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away 06 or is missing. In this subsection, "runaway or missing minor" means a minor whom 07 the minor's parent, legal guardian, or legal custodian reasonably believes is absent 08 from the minor's residence for the purpose of evading the minor's parent, legal 09 guardian, or legal custodian, or who is otherwise missing from the minor's usual place 10 of abode without the consent of the parent, legal guardian, or person having legal 11 custody of the minor. 12 * Sec. 3. AS 43.23.065(b) is amended to read: 13 (b) An exemption is not available under this section for permanent fund 14 dividends taken to satisfy 15 (1) child support obligations required by court order or decision of the 16 child support enforcement agency under AS 25.27.140 - 25.27.220; 17 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 18 or AS 47.10.080(b)(4); 19 (3) claims on defaulted scholarship loans under AS 43.23.067; 20 (4) court ordered fines; 21 (5) writs of execution under AS 09.35 of a judgment that is entered 22 (A) against a minor in a civil action to recover damages; 23 recovery under this subparagraph is limited to $10,000 [$2,000] and court costs, 24 and may be obtained only when the judgment is based upon 25 (i) an act of the minor that is defined as a crime against 26 a person under AS 33.30.901, that injured the plaintiff, and for which 27 the minor was adjudicated a delinquent or convicted as an adult; or 28 (ii) the minor's intentional or knowing injury of real or 29 personal property of the plaintiff; 30 (B) under AS 34.50.020 against the parent, parents, legal 31 guardian, or person having the legal custody of an unemancipated minor;
01 (6) a debt owed by an eligible individual to an agency of the state, 02 unless the debt is contested and an appeal is pending, or the time limit for filing an 03 appeal has not expired.