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