Sell My Structured Settlement in Alaska
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Alaska Law for Selling a Structured Settlement
Enacted: May 14, 2003 Effective: August 12, 2003
Permits the sale or assignment of Alaska structured settlement payment rights, subject to a court’s review and approval based on showing that the proposed transfer is in the consumer’s "best interests," taking into account the welfare of the consumer’s dependents (if any). Requires certain disclosures and other consumer protections.
Chapter 09.60 COSTS AND ATTORNEY FEES; SETTLEMENTS
Sec. 09.60.010. Costs and attorney fees allowed prevailing party. (a) The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault, as defined in AS 09.17.900, unless the civil action is contested without trial, or fully contested as determined by the court.(b) Except as otherwise provided by statute, a court in this state may not discriminate in the award of attorney fees and costs to or against a party in a civil action or appeal based on the nature of the policy or interest advocated by the party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of these factors.
(c) In a civil action or appeal concerning the establishment, protection, or enforcement of a right under the United States Constitution or the Constitution of the State of Alaska, the court
(1) shall award, subject to (d) and (e) of this section, full reasonable attorney fees and costs to a claimant, who, as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or on appeal, has prevailed in asserting the right;
(2) may not order a claimant to pay the attorney fees of the opposing party devoted to claims concerning constitutional rights if the claimant as plaintiff, counterclaimant, cross claimant, or third-party plaintiff in the action or appeal did not prevail in asserting the right, the action or appeal asserting the right was not frivolous, and the claimant did not have sufficient economic incentive to bring the action or appeal regardless of the constitutional claims involved.
(d) In calculating an award of attorney fees and costs under (c)(1) of this section,
(1) the court shall include in the award only that portion of the services of claimant's attorney fees and associated costs that were devoted to claims concerning rights under the United States Constitution or the Constitution of the State of Alaska upon which the claimant ultimately prevailed; and
(2) the court shall make an award only if the claimant did not have sufficient economic incentive to bring the suit, regardless of the constitutional claims involved.
(e) The court, in its discretion, may abate, in full or in part, an award of attorney fees and costs otherwise payable under (c) and (d) of this section if the court finds, based upon sworn affidavits or testimony, that the full imposition of the award would inflict a substantial and undue hardship upon the party ordered to pay the fees and costs or, if the party is a public entity, upon the taxpaying constituents of the public entity.
Sec. 09.60.015. Attorney fees in certain small claims actions. (a) In any action for damages where the amount pleaded is $1,000 or less, and the plaintiff, when represented by counsel, prevails in the action, the plaintiff shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action as a part of the costs of the action if the court finds that written demand for the payment of the claim was made on the defendant 20 days or more before the commencement of the action. However, attorney fees may not be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff before the commencement of the action, an amount not less than the damages awarded to the plaintiff.
(b) If the defendant, when represented by counsel, pleads a counterclaim that does not exceed $1,000, and the defendant prevails in the action, the defendant shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim as part of the costs of the action.
(c) This section is subject to AS 45.50.537.
Sec. 09.60.020. Liability of guardian ad litem for costs.A person appointed guardian ad litem by a court for an infant or incompetent defendant is not liable for the costs of the action.
Sec. 09.60.030. Guardian's responsibility for allowance against infant plaintiff.When costs or disbursements are adjudged against an infant plaintiff or incompetent, the guardian by whom the plaintiff appeared in the action is responsible for the payment, and payment may be enforced against the guardian as if the guardian were the actual plaintiff.
Sec. 09.60.040. Costs where party is a representative.In actions in which an executor, administrator, trustee of an express trust, or a person authorized to represent a party is a party, costs may be allowed as in other cases. However, when costs are allowed against that party, they are chargeable solely upon the estate, fund, or party represented unless the court orders the costs to be paid by that party personally for mismanagement or bad faith in the conduct of the action.
Sec. 09.60.050. Costs awarded against state, borough, city, or other public agencies.When the state or a borough, city, or other public agency or entity or an officer thereof in an official capacity is a party, costs shall be awarded against it on the same basis as against any other natural person or party. However, when the action is brought upon the information of a natural person, that person shall be liable for costs awarded against the state. The costs may not be recovered from the state until after execution has issued for the costs against that person and has been returned unsatisfied in whole or in part.
Sec. 09.60.060. Security for costs where plaintiff a nonresident or foreign corporation.When the plaintiff in an action resides out of the state or is a foreign corporation, security for the costs and attorney fees, which may be awarded against the plaintiff, may be required by the defendant, if timely demand is made within 30 days after the defendant discovers that the plaintiff is a nonresident. When required, all proceedings in the action shall be stayed until an undertaking executed by one or more sufficient sureties is filed with the court to the effect that they will pay the costs and attorney fees which are awarded against the plaintiff, for not less than $200. A new or an additional undertaking may be ordered by the court upon proof that the original undertaking is insufficient in amount or security.
Sec. 09.60.070. Attorney fees for victims of serious criminal offenses. (a) A person who has been injured or damaged, or the estate of a person who has died, may recover from the offender full reasonable attorney fees in a civil action or a wrongful death action if the injury, damage, or death resulted from
(1) an attempt on the part of the person to prevent the commission of a serious criminal offense or to apprehend an offender who has committed a serious criminal offense, or aiding or attempting to aid a police officer to do so, or aiding a victim of a serious criminal offense; or
(2) the commission or attempt on the part of the offender to commit a serious criminal offense.
(b) If a judgment for attorney fees is entered against an offender in a civil action brought under this section, and a contract of insurance requires an insurer to pay the attorney fees, the insurer shall be liable only for the attorney fees that would be awarded to the plaintiff under Alaska Rule of Civil Procedure 82(b)(1).
(c) In this section, "serious criminal offense" means the following offenses:
(1) murder in any degree;
(2) manslaughter;
(3) criminally negligent homicide;
(4) assault in any degree;
(5) kidnapping;
(6) sexual assault in any degree;
(7) sexual abuse of a minor in any degree;
(8) robbery in any degree;
(9) coercion;
(10) extortion;
(11) arson in any degree;
(12) burglary in any degree;
(13) criminal mischief in the first, second, third, or fourth degree;
(14) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance;
(15) a crime involving domestic violence, as defined in AS 18.66.990.
Sec. 09.60.080. Contingent fee agreements.If an attorney contracts for or collects a contingency fee in connection with an action for personal injury, death, or property damage and the damages awarded by a court or jury include an award of punitive damages, the contingent fee due the attorney shall be calculated before that portion of punitive damages due the state under AS 09.17.020(j) has been deducted from the total award of damages.
(1) the structured settlement arose from an action filed in Alaska or that could have been filed in Alaska, or the payee of the structured settlement is domiciled in Alaska;
(2) the transfer complies with the requirements of AS 09.60.200 - 09.60.230, other applicable state and federal law, and the orders of any court;
(3) not less than 10 days before the date on which the payee first incurred an obligation with respect to the transfer, the payee has received by certified mail, return receipt requested, or other means that provide a comparable record of delivery, a disclosure statement in bold type, no smaller than 14 points, specifying
(A) the amounts and due dates of the structured settlement payments to be transferred;
(B) the aggregate amount of the payments;
(C) the discounted present value of the payments, together with the discount rate used in determining the discounted present value;
(D) the gross amount payable to the payee in exchange for the payments;
(E) an itemized listing of all broker's commissions, service charges, application fees, processing fees, closing costs, filing fees, referral fees, administrative fees, legal fees, notary fees, and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;
(F) the net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in (E) of this paragraph;
(G) the quotient, expressed as a percentage, obtained by dividing the net payment amount by the discounted present value of the payments; and
(H) the amount of any penalty and the aggregate amount of any liquidated damages, including penalties, payable by the payee in the event of a breach of the transfer agreement by the payee;
(4) the payee has established that the transfer is in the best interests of the payee and the payee's dependents;
(5) the payee has received independent professional advice regarding the legal, tax, and financial implications of the transfer;
(6) the transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of the notice with the court; and
(7) the transfer agreement provides that any disputes between the parties will be governed, interpreted, construed, and enforced in accordance with the laws of this state and that the domicile state of the payee is the proper venue to bring any cause of action arising out of a breach of the agreement; the transfer agreement must also provide that the parties agree to the jurisdiction of any court of competent jurisdiction located in this state.
(b) If the transfer would contravene the terms of the structured settlement, upon the filing of a written objection by any interested party and after considering the objection and any response to it, the court may grant, deny, or impose conditions upon the proposed transfer as the court considers just and proper under the facts and circumstances in accordance with established principles of law. Any order approving a transfer must require that the transferee indemnify the annuity issuer and the structured settlement obligor for any liability including reasonable costs and attorney fees arising from compliance by the issuer or obligor with the order of the court.
(c) A provision in a transfer agreement giving a transferee power to confess judgment against a payee is unenforceable to the extent the amount of the judgment would exceed the amount paid by the transferee to the payee, less any payments received from the structured settlement obligor or the payee.
Sec. 09.60.210. Jurisdiction; procedure for approval of transfers. (a) The superior court where the action giving rise to the structured settlement was maintained or could have been maintained or where the payee is domiciled has jurisdiction over an application for approval under AS 09.60.200 of a transfer of structured settlement payment rights.
(b) Not less than 30 days before the scheduled hearing on an application for authorization of a transfer of structured settlement payment rights under AS 09.60.200, the transferee shall file with the court and serve on any other government authority that previously approved the structured settlement and all interested parties a notice of the proposed transfer and the application for its authorization. The notice must include
(1) a copy of the transferee's application to the court;
(2) a copy of the transfer agreement;
(3) a copy of the disclosure statement required under AS 09.60.200;
(4) notification that an interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and
(5) notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the court.
(c) Written responses to the application must be filed within 15 days after service of the transferee's notice.
Sec. 09.60.220. No waiver and no penalty. (a) The provisions of AS 09.60.200 - 09.60.230 may not be waived.
(b) A payee who proposes to make a transfer of structured settlement payment rights may not incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee based on the failure of the transfer to satisfy the conditions of AS 09.60.200 - 09.60.230.
Sec. 09.60.230. Definitions.In AS 09.60.200 - 09.60.230,
(1) "annuity issuer" means an insurer that has issued an annuity contract to be used to fund periodic payments under a structured settlement;
(2) "dependents" means a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including spousal maintenance;
(3) "discounted present value" means, with respect to a proposed transfer of structured settlement payment rights, the fair present value of future payments, as determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;
(4) "independent professional advice" means advice of an attorney, certified public accountant, actuary, or other professional adviser
(A) who is engaged by a payee to render advice concerning the legal, tax, and financial implications of a transfer of structured settlement payment rights;
(B) who is not in any manner affiliated with or compensated by the transferee of the transfer; and
(C) whose compensation for providing the advice is not affected by whether a transfer occurs or does not occur;
(5) "interested parties" means the payee, a beneficiary designated under the annuity contract to receive payments following the payee's death or, if the designated beneficiary is a minor, the designated beneficiary's parent or guardian, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under the structured settlement;
(6) "payee" means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights under the structured settlement;
(7) "qualified assignment agreement" means an agreement providing for a qualified assignment as provided by 26 U.S.C. 130 (United States Internal Revenue Code), as amended through December 31, 1998;
(8) "settled claim" means the original tort claim or workers' compensation claim resolved by a structured settlement;
(9) "structured settlement" means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim;
(10) "structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments;
(11) "structured settlement obligor" means the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement;
(12) "structured settlement payment rights" means rights to receive periodic payments, including lump-sum payments, under a structured settlement, whether from the settlement obligor or the annuity issuer, where
(A) the payee or any other interested party is domiciled in the state;
(B) the structured settlement agreement was approved by a court in the state; or
(C) the settled claim was pending before the courts of this state when the parties entered into the structured settlement agreement;
(13) "terms of the structured settlement" means the terms of the structured settlement agreement, the annuity contract, a qualified assignment agreement, and an order or approval of a court, responsible administrative authority, or other government authority authorizing or approving the structured settlement;
(14) "transfer" means a sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration;
(15) "transfer agreement" means the agreement providing for transfer of structured settlement payment rights from a payee to a transferee;
(16) "transferee" means a person who is receiving or will receive structured settlement payment rights resulting from a transfer.
Chapter 09.63 OATH, ACKNOWLEDGMENT, AND OTHER PROOF
Sec. 09.63.010. Oath, affirmation, and acknowledgment.The following persons may take an oath, affirmation, or acknowledgment in the state:(1) a justice, judge, or magistrate of a court of the State of Alaska or of the United States;
(2) a clerk or deputy clerk of a court of the State of Alaska or of the United States;
(3) a notary public;
(4) a United States postmaster;
(5) a commissioned officer under AS 09.63.050(4);
(6) a municipal clerk carrying out the clerk's duties under AS 29.20.380;
(7) the lieutenant governor when carrying out the lieutenant governor's duties under AS 24.05.160;
(8) the presiding officer of each legislative house when carrying out the officer's duties under AS 24.05.170.
Sec. 09.63.020. Certification of documents. (a) A matter required or authorized to be supported, evidenced, established, or proven by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making it (other than a deposition, an acknowledgment, an oath of office, or an oath required to be taken before a specified official other than a notary public) may be supported, evidenced, established, or proven by the person certifying in writing "under penalty of perjury" that the matter is true. The certification shall state the date and place of execution, the fact that a notary public or other official empowered to administer oaths is unavailable, and the following:
"I certify under penalty of perjury that the foregoing is true."
(b) A person who makes a false sworn certification which the person does not believe to be true under penalty of perjury is guilty of perjury.
Sec. 09.63.030. Notarization. (a) When a document is required by law to be notarized, the person who executes the document shall sign and swear to or affirm it before an officer authorized by law to take the person's oath or affirmation and the officer shall certify on the document that it was signed and sworn to or affirmed before the officer.
(b) The certificate required by this section may be in substantially the following form:
Subscribed and sworn to or affirmed before me at ________ on
________ .
(date)
____________________________________________________________
Signature of Officer
____________________________________________________________
Title of Officer
(c) If the document is sworn to or affirmed before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission; and
(2) comply with AS 44.50.060 - 44.50.065 and other applicable law.
Sec. 09.63.040. Verification. (a) When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true.
(b) The person who makes the verification shall sign it before a person authorized by law to take the person's oath or affirmation.
(c) A verification made under this section may be in substantially the following form:
I ________ say on oath or affirm that
I have read the foregoing (or
attached) document and believe all statements made in the document are
true.
______________________________________________________________
Signature
Subscribed and sworn to or affirmed before me at ________
________ on ________ .
(date)
______________________________________________________________
Signature of Officer
______________________________________________________________
Title of Officer
(d) If the verification is sworn to or affirmed before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission; and
(2) comply with AS 44.50.060 - 44.50.065 and other applicable law.
(1) a notary public authorized to perform notarial acts in the place in which the act is performed;
(2) a justice, judge, magistrate, clerk, or deputy clerk of a court of record in the place in which the notarial act is performed;
(3) an officer of the foreign service of the United States, a consular agent, or a person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
(4) a commissioned officer in active service with the armed forces of the United States or a person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for a merchant seaman of the United States, a member of the armed forces of the United States, a person serving with or accompanying the armed forces of the United States, or their dependents; or
(5) a person authorized to perform notarial acts in the place in which the act is performed.
Sec. 09.63.060. Authentication of authority of officer. (a) If the notarial act is performed by a person described in AS 09.63.050(1) - (4) other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and, if appropriate, the serial number of the person are sufficient proof of the authority of a person to perform the act.
(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if
(1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
(2) the official seal of the person performing the notarial act is affixed to the document; or
(3) the title and indication of authority to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of that information.
(c) If the notarial act is performed by a person other than a person described in this section, there is sufficient proof of the authority of the person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of the person and to the person's authority to perform the notarial act.
(d) The signature and title of the person performing the act are prima facie evidence that the person has the designated title and that the signature is genuine.
Sec. 09.63.070. Certificate of person taking acknowledgment.The person taking an acknowledgment shall certify that
(1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and
(2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.
Sec. 09.63.080. Recognition of certificate of acknowledgment.The form of a certificate of acknowledgment used by a person whose authority is recognized under AS 09.63.010 or 09.63.050 shall be accepted in the state if
(1) the certificate is in a form prescribed by the laws or regulations of the state;
(2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
(3) the certificate contains the words "acknowledged before me" or their substantial equivalent.
Sec. 09.63.090. Certificate of acknowledgment.The words "acknowledged before me" mean that
(1) the person acknowledging
(A) appeared before the person taking the acknowledgment;
(B) acknowledged that the person executed the instrument;
(C) in the case of
(i) a natural person, acknowledged that the person executed the instrument for the purposes stated in it;
(ii) an officer or agent of a corporation, acknowledged that the person held the position or title set out in the instrument and certificate, acknowledged that the person signed the instrument on behalf of the corporation by proper authority, and acknowledged that the instrument was the act of the corporation for the purposes stated in it;
(iii) a member or manager of a limited liability company, acknowledged that the individual signed the instrument on behalf of the limited liability company by proper authority and executed the instrument as the act of the limited liability company for the purposes stated in it;
(iv) a partner or agent of a partnership, limited partnership, or limited liability partnership, acknowledged that the person signed the instrument on behalf of the partnership by proper authority and executed the instrument as the act of the partnership for the purposes stated in it;
(v) a person acknowledging as a principal by an attorney-in-fact, acknowledged that the person executed the instrument by proper authority as the act of the principal for the purposes stated in it;
(vi) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, acknowledged that the person signed the instrument in the capacity and for the purposes stated in it; and
(2) the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging is the person named in the instrument or certificate.
Sec. 09.63.100. Forms of acknowledgment. (a) The forms of acknowledgment set out in this subsection may be used and are sufficient for their respective purposes under a law of the state. The authorization of the forms in this section does not preclude the use of other forms.
(1) For an individual acting in the individual's own right:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name of person who acknowledged).
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Title or Rank
______________________________________________________________
Serial Number, if any
(2) For a corporation:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name of officer or agent, title of officer or agent) of (name of
corporation acknowledging) a (state or place of incorporation)
corporation, on behalf of the corporation.
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Title or Rank
______________________________________________________________
Serial Number, if any
(3) For a limited liability company:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name of member or manager), member (or manager) of (name of limited
liability company acknowledging) a (state or place of organization)
limited liability company, on behalf of the limited liability company.
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Member (or Manager)
______________________________________________________________
Serial Number, if any
(4) For a partnership:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name of acknowledging partner or agent), partner (or agent) on behalf
of (name of partnership), a (partnership, limited partnership, or
limited liability partnership).
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Title or Rank
______________________________________________________________
Serial Number, if any
(5) For an individual acting as principal by an attorney-in-fact:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name of attorney-in-fact) as attorney-in-fact on behalf of (name of
principal).
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Title or Rank
______________________________________________________________
Serial Number, if any
(6) By a public officer, trustee, or personal representative:
State of ______________________________________________________
________ Judicial District (or County of ________ or
Municipality of ________)
The foregoing instrument was acknowledged before me this (date) by
(name and title of position).
______________________________________________________________
Signature of Person Taking
Acknowledgment
______________________________________________________________
Title or Rank
______________________________________________________________
Serial Number, if any
(b) If a document is acknowledged before a notary public of the state, the notary public shall
(1) affix on the document the
(A) notary public's official signature and official seal; and
(B) date of expiration of the notary public's commission; and
(2) comply with AS 44.50.060 - 44.50.065 and other law.
Sec. 09.63.110. Uniformity of interpretation.AS 09.63.050 - 09.63.130 shall be interpreted as to make uniform the laws of those states which enact them.
Sec. 09.63.120. Definition.In AS 09.63.010 - 09.63.130, "notarial acts" means acts that the laws and regulations of the state authorize notaries public of the state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents.
Sec. 09.63.130. Short title.AS 09.63.050 - 09.63.130 may be cited as the Uniform Recognition of Acknowledgments Act.
Chapter 09.65 ACTIONS, IMMUNITIES, DEFENSES, AND DUTIES
Sec. 09.65.010. - 09.65.012. Officers authorized to administer oath or affirmation; certification of documents. [Repealed, Sec. 6 ch 37 SLA 1981. For present provisions, see AS 09.63]. Repealed or RenumberedSec. 09.65.020. - 09.65.040. [Renumbered as AS 09.68.020 - 09.68.040]. Repealed or Renumbered
Sec. 09.65.050. [Renumbered as AS 09.15.040]. Repealed or Renumbered
Sec. 09.65.060. [Renumbered as AS 09.68.060]. Repealed or Renumbered
Sec. 09.65.070. Suits against incorporated units of local government. (a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority.
(b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it.
(c) An action may not be maintained against an employee or member of a fire department operated and maintained by a municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established.
(d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim
(1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved,
(A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety;
(B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or
(C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected;
(2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality or its agents, officers, or employees, whether or not the discretion involved is abused;
(3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval, exception, variance, or other entitlement, or a rezoning;
(4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis;
(5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; or
(6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence.
(e) In this section
(1) "municipality" has the meaning given in AS 01.10.060 and includes a public corporation established by a municipality;
(2) "village" means an unincorporated community where at least 25 people reside as a social unit.
Sec. 09.65.080. Suits by incorporated units of local government.An action may be maintained by an incorporated borough, city, or other public corporation of like character in its corporate name, and upon a cause of action accruing to it in its corporate character
(1) upon a contract made with the public corporation;
(2) upon a liability prescribed by law in favor of the public corporation;
(3) to recover a penalty or forfeiture given to the public corporation;
(4) to recover damages for an injury to the corporate rights or property of the public corporation.
Sec. 09.65.085. Civil liability of electric utility. (a) A utility offering electrical service to the public for compensation under a certificate of public convenience and necessity issued by the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska under AS 42.05.221 may not be held strictly liable for property damage, death, or personal injury resulting from an act or omission of the utility relating to the production, delivery, or sale of electricity.
(b) This section does not preclude liability for civil damages that are the result of an intentional, reckless, or negligent act or omission.
Sec. 09.65.087. Civil liability for use of an automated external defibrillator. (a) A person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from a failure to notify the appropriate emergency medical services agency.
(b) A person who acquires or provides an automated external defibrillator device for use on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from the failure of the person who acquires or provides the device to
(1) notify the local emergency medical response authority or other appropriate entity of the most recent placement of the device within 30 days following placement of the device;
(2) properly maintain and test the device;
(3) provide, within a reasonable proximity to the device's usual location, a means of notifying the local emergency medical response authority that an emergency exists in the event that a medical emergency occurs where the device is used; or
(4) provide appropriate training in the use of the device to an employee or agent of the person who acquires or provides the device; however, this paragraph does not apply and immunity is provided under this subsection if the period of time elapsing between hiring the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after hiring the employee or agent, was not in excess of six months.
(c) The immunity provided by (b) of this section does not apply to a manufacturer of an automated external defibrillator.
(d) In this section, "appropriate training" means that the individual has completed an automated external defibrillator training course from the American Heart Association, the American Red Cross, or another automated external defibrillator training course approved by the Department of Health and Social Services.
Sec. 09.65.090. Civil liability for emergency aid. (a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
(b) A member of an organization that exists for the purpose of providing emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance, if the member provided the service while acting as a volunteer member of the organization; in this subsection, "volunteer" means a person who is paid not more than $10 a day and a total of not more than $500 a year, not including ski lift tickets and reimbursement for expenses actually incurred, for providing emergency services.
(c) The immunity provided under (b) of this section does not apply to civil damages that result from providing or attempting to provide any of the following advanced life support techniques unless the person who provided them was authorized by law to provide them:
(1) manual electric cardiac defibrillation;
(2) administration of antiarrhythmic agents;
(3) intravenous therapy;
(4) intramuscular therapy; or
(5) use of endotracheal intubation devices.
(d) This section does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
(e) [Repealed, Sec. 2 ch 92 SLA 2003].
(f) [Repealed, Sec. 2 ch 92 SLA 2003].
Sec. 09.65.091. Civil liability for responding to disaster. (a) A person who provides equipment or services on the request of a police agency, fire department, rescue or emergency squad, or other governmental agency during a state of emergency declared by an authorized representative of the state or local government is not liable for the death of or injury to any person or damage to any property caused by that person's actions, except when the trier of facts finds that the person acted intentionally, recklessly, or with gross negligence.
(b) This section does not affect the right of a person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.
Sec. 09.65.092. Civil liability for voluntary aircraft safety inspection.An aircraft or power plant technician or mechanic certified by the Federal Aviation Administration who participates without compensation in a voluntary aircraft safety inspection program is not liable for civil damage resulting from an act or omission arising out of an aircraft safety inspection in that program unless the act or omission constitutes gross negligence or reckless or intentional misconduct.
Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and landing areas. (a) Except as provided in (c) of this section, a person who without compensation owns, operates, constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing area to take off, land, park, or operate an aircraft.
(b) [Repealed, Sec. 2 ch 3 SLA 2008].
(c) The immunity from civil liability under (a) of this section does not limit the liability of an owner or operator of an aircraft runway, airfield, or landing area to a provider of flight services or its passengers under contract with the owner or operator.
Sec. 09.65.095. Liability for administration of blood test. (a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken
(1) at the request of a police officer under the circumstances specified in AS 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and
(2) without the use of excessive or unreasonable force.
(b) In this section,
(1) "health care provider" means a nurse licensed under AS 08.68, a physician licensed under AS 08.64, and a person certified by a hospital as competent to take blood samples;
(2) "hospital" means a hospital as defined in AS 47.32.900, including a governmentally owned or operated hospital.
(c) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.
Sec. 09.65.096. Civil liability of hospitals for certain physicians. (a) A hospital is not liable for civil damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital provides notice that the emergency room physician is an independent contractor and the emergency room physician is insured as described under (c) of this section. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital is not otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. The notice required by this subsection must (1) be posted conspicuously in all admitting areas of the hospital; (2) consist of a sign at least two feet high and two feet wide, with print at least two inches high; (3) be published at least annually in a newspaper of general circulation in the area; and (4) be in substantially the following form:
Notice of Limited Liability
Notice to Hospital Users and
(Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospital's emergency room). The following emergency room physicians are independent contractors and are not employees of the hospital: (List specific emergency room physicians)
(b) This section does not preclude liability for civil damages that are the proximate result of the hospital's negligence or intentional misconduct.
(c) A hospital is not immune from liability under (a) of this section for an act or omission of an emergency room physician who is an independent contractor unless the emergency room physician has liability insurance coverage in the amount of at least $500,000 for each incident and $1,500,000 for all incidents in a year, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements.
(d) In this section,
(1) "emergency room physician" means a physician who does not have an ongoing physician-patient relationship with the emergency room patient and who provides emergency health care services in a hospital emergency room;
(2) "hospital" has the meaning given in AS 47.32.900 and includes a governmentally owned or operated hospital;
(3) "independent contractor" means an emergency room physician who is not an employee or actual agent of the hospital in connection with the rendition of the health care services.
Sec. 09.65.097. Civil liability for emergency veterinary care. (a) A veterinarian licensed in this or another licensing jurisdiction, or a person working under the direct supervision of a licensed veterinarian, who renders emergency care to an injured or ill animal that reasonably appears to the veterinarian or supervised person to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
(b) This section does not apply to service rendered at the request of an owner of the animal and does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
Sec. 09.65.100. [Renumbered as AS 25.20.025]. Repealed or Renumbered
Sec. 09.65.110. - 09.65.120. [Renumbered as AS 09.68.110 - 09.68.120]. Repealed or Renumbered
Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers. (a) An owner or operator of an aircraft or watercraft is not liable for the civil damages of a person being transported in the owner's or operator's aircraft or watercraft if the aircraft or watercraft is not being used for commercial purposes.
(b) This section does not apply to a civil action
(1) for damages resulting from
(A) gross negligence or reckless or intentional misconduct;
(B) an act or omission of an owner or operator of an aircraft or watercraft if the aircraft or watercraft is being operated as a common carrier; or
(C) an act or omission of an owner or operator of an aircraft or watercraft that occurs while demonstrating an aircraft or watercraft to a prospective buyer; or
(2) described under (a) of this section if the owner or operator
(A) has insurance that would compensate the claimant for civil damages awarded against the owner or operator; an owner or operator who is insured as described in this subparagraph is not liable for civil damages described in (a) of this section that exceed the applicable insurance; or
(B) does not have insurance that would compensate a person being transported as described under (a) of this section for civil damages awarded against the owner or operator and, before the person being transported enters the aircraft or watercraft, the owner or operator fails to provide notice to the person being transported that the owner or operator is uninsured as described in this subparagraph.
Sec. 09.65.130. [Renumbered as AS 25.24.310]. Repealed or Renumbered
Sec. 09.65.132. [Renumbered as AS 25.27.062]. Repealed or Renumbered
Sec. 09.65.135. Limitations on claims arising from skiing. [Repealed, Sec. 3 ch 63 SLA 1994. For current law, see AS 05.45]. Repealed or Renumbered
Sec. 09.65.145. Liability for injuries or death resulting from livestock activities. (a) Livestock are unpredictable and inherently dangerous. All persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock subject themselves to serious injury or death and are considered a participant in livestock activity and assume the risk of injury or death caused by the livestock.
(b) Except as otherwise provided in this section, a person, and the personal representative of a person, who suffers an injury or death resulting from a livestock activity may not recover civil damages for the injury or death from a livestock activity sponsor, livestock professional, or livestock activity participant, or the agents or employees of a livestock activity sponsor, livestock professional, or livestock activity participant.
(c) This section does not affect a civil action for damages resulting from
(1) gross negligence or reckless or intentional misconduct of the livestock activity sponsor, livestock professional, or livestock activity participant, or agents or employees of the livestock activity sponsor, livestock professional, or livestock activity participant;
(2) equipment, tack, or a product provided by the livestock activity sponsor, livestock professional, or livestock activity participant that the livestock activity sponsor, livestock professional, or livestock activity participant knows is faulty or defective;
(3) the failure of the livestock activity sponsor, livestock professional, or livestock activity participant who provided the livestock to make a reasonable and prudent effort to determine the ability of the participant to safely manage the livestock activity, after taking into account the participant's representation of ability; a participant in a livestock show, livestock sale, or rodeo is presumed to be competent to handle livestock if an entry form is required for the activity and is signed or submitted by the participant.
(d) This section does not nullify coverage or an award for an injury to or death of an employee of a livestock activity sponsor or livestock professional if the employee suffers an injury or death resulting from a livestock activity and the injury or death is covered by or subject to workers' compensation provisions under AS 23.30.
(e) This section does not prevent or limit the liability of a livestock activity sponsor, livestock professional, or livestock activity participant, or their agents or employees under a liability provision as provided in a law relating to product liability.
(f) A livestock activity sponsor may not be held vicariously liable for the acts or omissions of a livestock activity participant or a livestock professional.
(g) A person may agree, in writing, to waive the entire right to recover damages resulting from an inherent risk of a livestock activity.
(h) This section does not affect the immunity of an owner of unimproved land under AS 09.65.200.
(i) In this section,
(1) "inherent risk of a livestock activity" means those dangers or conditions that are an integral part of a livestock activity, including
(A) the propensity of livestock to behave in ways that may result in injury to a person on or around livestock;
(B) the unpredictability of livestock's reaction to sound, sudden movement, and unfamiliar objects or persons, or other animals;
(C) hazards or conditions unknown to a livestock activity sponsor;
(D) collisions with other livestock or objects;
(E) the potential of tack to become dislodged or move in ways that may result in injury to a person on or around a livestock activity; and
(F) the potential of a person to negligently engage in conduct that contributes to an injury or death during a livestock activity;
(2) "livestock" includes a domestic cow, domestic bison, hog, sheep, goat, domestic musk ox, yak, pig, legally possessed caribou, reindeer, domestic elk, rabbit, hamster, guinea pig, turkey, chicken, pheasant, peafowl, pigeon, horse, mule, donkey, camel, llama, alpaca, or a waterfowl that does not require a federal permit; "livestock" does not mean a dog or cat;
(3) "livestock activity" includes
(A) livestock shows, fairs, sales, competitions, or performances that involve any or all breeds of livestock and any of the livestock disciplines, including rodeos, auctions, driving, pulling, judging, cutting, therapeutic riding, and showing;
(B) livestock training or teaching activities or both training and teaching activities;
(C) boarding or pasturing livestock;
(D) testing, inspecting or evaluating livestock belonging to another person, whether or not the owner has received monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to inspect or evaluate the livestock;
(E) driving, riding, grooming, traveling, or other livestock activities of any type, however informal or impromptu, that are sponsored by a livestock activity sponsor;
(F) placing or replacing horseshoes on an equine, or otherwise preparing livestock for show; and
(G) assisting in providing medical treatment to livestock;
(4) "livestock activity sponsor" means an individual, group, club, partnership, limited liability company, nonprofit corporation, or corporation operating for profit that sponsors, organizes, or provides the livestock, equipment, tack, facilities, or instruction for a livestock activity;
(5) "livestock professional" means a person who receives compensation for instructing a participant, renting livestock to a participant for the purpose of engaging in livestock activity, or renting equipment or tack to a participant;
(6) "participant" means a person, whether amateur or professional, who engages in a livestock activity or who is near or close to livestock, whether or not a fee is paid to participate in the livestock activity.
Sec. 09.65.150. Duty to disabled pedestrians. (a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane, or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused.
(b) In this section
(1) "physically disabled pedestrian" means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device;
(2) "service animal" means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.
Sec. 09.65.155. Civil liability of firearms or ammunition manufacturer or dealer.A civil action to recover damages or to seek injunctive relief may not be brought against a person who manufactures or sells firearms or ammunition if the action is based on the lawful sale, manufacture, or design of firearms or ammunition. However, this section does not prohibit a civil action resulting from a negligent design, a manufacturing defect, a breach of contract, or a breach of warranty.
Sec. 09.65.160. Immunity for good faith disclosures of job performance information.An employer who discloses information about the job performance of an employee or former employee to a prospective employer of the employee or former employee at the request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, may not be held liable for the disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or former employer
(1) recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information; or
(2) disclosed information in violation of a civil right of the employee or former employee that is protected under AS 18.80 or under comparable federal law.
Sec. 09.65.161. Immunity for disclosure of required health care data.A person who reports health care data required to be reported under AS 18.05 and regulations adopted under that chapter for conditions or diseases of public health importance may not be held liable for the disclosure to the Department of Health and Social Services or for the use of the data by the department.
Sec. 09.65.170. Limited liability of certain directors and officers. (a) Unless the act or omission constituted gross negligence, a person may not recover tort damages for personal injury, death, or damage to property for an act or omission to act in the course and scope of official duties, from one of the following:
(1) a member of the board of directors or an officer of a nonprofit corporation;
(2) a member of the board of directors of a public or nonprofit hospital, or a member of a citizen's advisory board of any hospital;
(3) a member of a school board of a school district;
(4) a member of the governing body, a commission, or a citizen's advisory committee of a municipality of the state;
(5) a member of the board of directors, an officer, or an employee of a regional development organization.
(b) Notwithstanding (a) of this section, the duties and liabilities of a director or officer of a nonprofit corporation to the corporation or the corporation's shareholders may not be limited or modified.
(c) In this section,
(1) "nonprofit corporation" means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code);
(2) "regional development organization" means a nonprofit organization or nonprofit corporation formed to encourage economic development within a particular region of the state that includes the entire area of each municipality within that region and that has a board of directors that represents the region's economic, political, and social interests.
Sec. 09.65.180. Civil liability of zoos. (a) Except as provided in (b) of this section, a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo.
(b) A person who owns or operates a zoo is not strictly liable as provided in (a) of this section if
(1) the animal that caused the injury was within the animal's normal place of confinement at the time the injury occurred;
(2) the zoo owner or operator had posted signs at prominent places within the zoo, including at each entrance, warning that the liability of the zoo for injuries caused by animals within their normal place of confinement is limited by law; and
(3) the enclosure within which the animal was confined at the time of the injury was constructed and maintained in a manner that prevents a person who exercises ordinary care customary for a person of similar age, intelligence, and experience from contacting the animal or entering the enclosure.
Sec. 09.65.200. Tort immunity for personal injuries or death occurring on unimproved land. (a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if
(1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and
(2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land.
(b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).
(c) In this section, "unimproved land" includes land that contains
(1) a trail;
(2) an abandoned aircraft landing area; or
(3) a road built to provide access for natural resource extraction, but which is no longer maintained or used.
Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession. (a) A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity,
(1) owe a duty of care to maintain the land safe for entry or use for a recreational activity or to eliminate, alter, or control the inherent risks of a recreational activity;
(2) owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden;
(3) owe a duty to curtail or prevent use of the land for recreational activities;
(4) implicitly ensure that the land is safe for any purpose;
(5) confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or
(6) assume responsibility for any injury to persons or property.
(b) This section applies only during the time that a landowner allows recreational use under a recorded grant of a public recreational use easement as required in AS 34.17.100.
(c) This section does not apply to a civil action
(1) if the landowner collects a charge for entry on the land for a recreational activity; or
(2) that is based on intentional, reckless, or grossly negligent conduct of the landowner.
(d) This section may not be construed to conflict with, nor does it have any effect on, a liability release agreement between a participant in a recreational activity and a landowner.
(e) Except as provided for under AS 09.45.052(d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement, or a similar claim.
(f) In this section,
(1) "charge" means a fee or admission price imposed for access to or use of land, a recreational activity, a service, an entertainment, or another activity, except that the following is not considered a "charge":
(A) consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision;
(B) property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or
(C) a contribution in kind, service, or cash from a user if all of the contribution is used to improve access or trails, to remedy or reduce damage, to provide warning of a hazard, or to remove a hazard from the land;
(2) "land" includes private
(A) unimproved land;
(B) improved land, exclusive of buildings, structures, machinery, or equipment on the land;
(C) ways or land subject to an easement or right-of-way;
(D) roads and trails;
(E) water and watercourses on or running through the land;
(3) "landowner" means a private person who owns land;
(4) "private person" has the meaning given in AS 09.55.240;
(5) "recreational activity" has the meaning given "sports or recreational activity" in AS 09.65.290.
Sec. 09.65.205. Civil liability for controlled substances offense. (a) A person who sells or barters a controlled substance in violation of AS 11.71 is strictly liable
(1) to the recipient or another person for civil damages if, while under the influence of the controlled substance, the person receiving the controlled substance engages in conduct that results in civil damages and the recipient's being under the influence of the controlled substance substantially contributes to the civil damages; and
(2) for the cost to the state or political subdivision to criminally prosecute a person who receives a controlled substance from a person who violates AS 11.71 if the prosecution results from the violation of AS 11.71 described in this subsection.
(b) In an action under (a) of this section, it is not a defense that the person receiving the controlled substance voluntarily consumed the controlled substance or was voluntarily under the influence of the controlled substance.
(c) In this section,
(1) "civil damages" includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state;
(2) "controlled substance" has the meaning given in AS 11.71.900.
Sec. 09.65.210. Damages resulting from commission of a felony or while under the influence of alcohol or drugs.A person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for the personal injury or death if the injury or death occurred while the person was
(1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death;
(2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the felonious conduct substantially contributed to the personal injury or death;
(3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the conduct during the flight or apprehension substantially contributed to the injury or death;
(4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of AS 28.35.030, was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or
(5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence
(A) the violation of AS 28.35.030; and
(B) that the conduct substantially contributed to the personal injury or death.
Sec. 09.65.215. Immunity of peace officer for use of body wire eavesdropping device. (a) A peace officer who intercepts an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, or who monitors the receiving unit, is not liable for damages to a person whose oral communication is intercepted if
(1) the interception and monitoring occurs
(A) during the investigation of a crime or the arrest of a person for a crime; and
(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(2) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and
(3) the communication intercepted is not recorded.
(b) In this section,
(1) "intercept" has the meaning given in AS 42.20.390;
(2) "oral communication" has the meaning given in AS 42.20.390;
(3) "peace officer" has the meaning given in AS 11.81.900(b).
Sec. 09.65.220. Immunity for certain real property disclosures.The owner of an interest in real property, the owner's agent, and the agent of the transferee of the interest are not liable to the transferee for the owner or agent's failure to disclose information on the real property to the transferee, if the disclosure would constitute discrimination prohibited by 42 U.S.C. 3601 - 3631 (Fair Housing Act). In this section, "transferee" includes a purchaser, lessee, and easement holder.
Sec. 09.65.230. Innocent misrepresentations by agents in real property transfers.The agent of a transferor or transferee is not liable for an innocent misrepresentation in information provided to the transferor or transferee in the transfer of an interest in real property if the agent does not have personal knowledge of the error, inaccuracy, or omission that is the basis for the misrepresentation.
Sec. 09.65.235. Immunity for negotiated regulation making committee and its members.A civil action for damages or costs may not be brought against a negotiated regulation making committee established under AS 44.62.710 - 44.62.800 or any of its members for an act or omission occurring in the course and scope of the official duties of the committee under AS 44.62.710 - 44.62.800.
Sec. 09.65.240. Liability of the state and regional educational attendance areas for release of hazardous substances. (a) Notwithstanding AS 46.03.822(a), neither the state nor a regional educational attendance area established under AS 14.08, nor an agent or employee of the state or a regional educational attendance area acting within the scope of that agency or employment, is subject to liability under AS 46.03.822 for damages, as defined in AS 46.03.822(m) and 46.03.824, for the release of a hazardous substance at or from any facility used in relation to a regional educational attendance area school as described in AS 14.08.151 or at or from any facility used in relation to a school operated by the state under AS 14.16.
(b) In this section,
(1) "facility" has the meaning given in AS 46.03.826;
(2) "hazardous substance" has the meaning given in AS 46.03.826.
Sec. 09.65.245. Immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants. (a) Notwithstanding AS 09.50.250, a civil action or claim for damages or costs alleging a death, injury, illness, disability, property damage, or any other damages resulting from the use of gravel or other aggregate material that contains naturally occurring asbestos may not be brought against a defendant, including a contractor meeting the requirements of the program or the state and its agencies, officers, and employees,
(1) based on the ownership of land within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400(b) or (c) from which gravel or other aggregate material is extracted that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass; or
(2) for an act or omission occurring in the course of extracting, supplying, transporting, or using gravel or other aggregate material containing naturally occurring asbestos within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400(b) or (c) when the act or omission was in compliance with the requirements of AS 18.31.250 or AS 44.42.410(b), as applicable, and AS 44.42.410(a) and (e) and applicable regulations developed under AS 44.42.420.
(b) A civil action or claim based on noncompliance with the requirements of AS 18.31.250 or AS 44.42.410(b), as applicable, and AS 44.42.410(a) and (e) and applicable regulations developed under AS 44.42.420 for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may only be brought against a defendant that has direct control over or responsibility for compliance with the requirements of AS 18.31.250 or AS 44.42.410(b), as applicable, and AS 44.42.410(a) and (e) and applicable regulations developed under AS 44.42.420.
(c) Notwithstanding AS 09.50.250, a civil action or claim for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may not be brought against any state agency or officer or employee of the state for an act or omission occurring in the course of designating a project area under AS 44.42.400(b) or (c), approving a site-specific use plan, or developing or approving a monitoring plan or a mitigation plan under AS 44.42.410.
(d) In this section, "naturally occurring asbestos" has the meaning given in AS 44.42.430.
Sec. 09.65.250. Immunity for certain actions related to child support.A person, including the state and its subdivisions, agencies, officers, and employees, may not be held liable for good faith
(1) compliance with a subpoena of this or another state that requests information, including the social security number and employment history of a person, issued by the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law;
(2) collection of child support, including encumbering or surrendering assets in response to a notice of lien or levy for the payment of child support; or
(3) compliance with an income withholding notice or an order to withhold and deliver that is regular on its face and is for child support purposes.
Sec. 09.65.255. Liability for acts of minors. (a) Except as provided under (d) and (e) of this section, a person, municipal corporation, association, village, school district, or religious or charitable organization, incorporated or unincorporated, may recover damages in a civil action in an amount not to exceed $15,000 and court costs from either parent or both parents of an unemancipated minor under the age of 18 years who, as a result of a knowing or intentional act, destroys real or personal property belonging to the person, municipal corporation, association, village, school district, or religious or charitable organization. However, for purposes of this subsection, recovery in damages shall be apportioned by the court between the parents without regard to legal custody but with due consideration for the actual care and custody of the minor provided by the parents.
(b) A state agency or its agents, including a person working in or responsible for the operation of a foster, receiving, or detention home, or children's institution, is not liable for the acts of unemancipated minors in its charge or custody. A state agency or an agent of a state agency, including a nonprofit corporation that designates shelters for runaways under AS 47.10.392 - 47.10.399 and employees of or volunteers with that corporation, is not liable for the acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399.
(c) A parent of an unemancipated minor under the age of 18 years who is a runaway or missing minor is not liable under (a) of this section for the acts of the minor that are committed by the minor after a parent of the minor has made a report to a law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing. In this subsection, "runaway or missing minor" means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading a parent or who is otherwise missing from the minor's usual place of abode without the consent of a parent.
(d) If a parent has an insurance policy that would compensate a claimant for civil damages described under (a) of this section, and the policy limits are in excess of $15,000, civil damages may be recovered under (a) of this section in an amount not to exceed the policy limits or $25,000, whichever amount is lower.
(e) Subsection (a) of this section does not authorize the recovery of damages from
(1) a legal guardian; or
(2) the adoptive parents of a hard-to-place child if the adoptive parents are receiving, at the time the property is destroyed, financial assistance from the state as a result of the adoption; in this paragraph, "hard-to-place child" has the meaning given in AS 25.23.240.
(f) If damages are recovered in a civil action as allowed under (a) of this section, the court shall require the unemancipated minor who caused the damages to provide a written report to the court regarding
(1) financial resources of the minor that are available for purposes of restitution;
(2) restitution the minor has made to the claimants; and
(3) what, if anything, the minor has learned from the civil justice process.
Sec. 09.65.260. Claims against persons engaged in business arising out of or in connection with the year 2000 date change. [Repealed, Sec. 3 ch. 79 SLA 1999]. Repealed or Renumbered
Sec. 09.65.270. Civil immunity related to the sale or transfer of a firearm. (a) A person may not bring a civil action for damage or harm caused by an individual for whom a federal firearm certificate was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute the certificate and the individual causing the damage or harm
(1) is the transferee of the firearm; and
(2) at the time the certificate is executed either
(A) has a permit to carry a concealed handgun issued under AS 18.65.700; or
(B) meets the qualifications imposed under AS 18.65.705(1) - (5) for obtaining a concealed handgun permit.
(b) In this section, "federal firearm certificate" means the certificate required on a federal "Form 1 (Firearms)," "Form 4 (Firearms)," or "Form 5 (Firearms)."
Sec. 09.65.280. Civil liability of state for acts or omissions of village public safety officers.Notwithstanding another provision of law, the state and its officers, agents, and employees are not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person or property damage resulting from the supervision of, training of, actions of or failure to act of, or use of or failure to use village public safety officers in communicating with or monitoring the activities of persons on probation or parole.
Sec. 09.65.290. Civil liability for sports or recreational activities. (a) A person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent risks in that sports or recreational activity.
(b) This section does not require a provider to eliminate, alter, or control the inherent risks within the particular sports or recreational activity that is provided.
(c) This section does not apply to a civil action based on the
(1) negligence of a provider if the negligence was the proximate cause of the injury, death, or damage; or
(2) design or manufacture of sports or recreational equipment or products or safety equipment used incidental to or required by a sports or recreational activity.
(d) Nothing in this section shall be construed to conflict with or render as ineffectual a liability release agreement between a person who participates in a sports or recreational activity and a provider.
(e) In this section,
(1) "inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity;
(2) "provider" means a person or a federal, state, or municipal agency that promotes, offers, or conducts a sports or recreational activity, whether for pay or otherwise;
(3) "sports or recreational activity"
(A) means a commonly understood sporting activity, whether undertaken with or without permission, including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use;
(B) does not include
(i) boxing contests, sparring or wrestling matches, or exhibitions that are subject to the requirements of AS 05.10;
(ii) activities involving the use of devices that are subject to the requirements of AS 05.20; or
(iii) skiing or sliding activities at a ski area that are subject to the requirements of AS 05.45.
Sec. 09.65.292. Parental waiver of child's negligence claim against provider of sports or recreational activity. (a) Except as provided in (b) of this section, a parent may, on behalf of the parent's child, release or waive the child's prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities to which the waiver applies are clearly and conspicuously set out in the written waiver and to the extent the waiver is otherwise valid. The release or waiver must be in writing and shall be signed by the child's parent.
(b) A parent may not release or waive a child's prospective claim against a provider of a sports or recreational activity for reckless or intentional misconduct.
(c) In this section,
(1) "child" means a minor who is not emancipated;
(2) "parent" means
(A) the child's natural or adoptive parent;
(B) the child's guardian or other person appointed by the court to act on behalf of the child;
(C) a representative of the Department of Health and Social Services if the child is in the legal custody of the state;
(D) a person who has a valid power of attorney concerning the child; or
(E) for a child not living with the child's natural or adoptive parent, the child's grandparent, aunt, uncle, sister, or brother who has reached the age of majority and with whom the child lives;
(3) "provider" has the meaning given in AS 09.65.290;
(4) "sports or recreational activity" has the meaning given in AS 09.65.290.
Sec. 09.65.295. Liability involving a peace officer or firefighter. (a) A peace officer or firefighter injured while in the line of duty or the personal representative of a peace officer or firefighter who died in the line of duty may not bring a civil action to recover damages for a negligent act or omission if the negligent act or omission created the need for the activity being performed by the peace officer or firefighter.
(b) This section does not apply to a negligent act or omission that is unrelated to the activity that created the need for the presence of the peace officer or firefighter.
(c) In this section, "firefighter" means a person employed by a municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal, or a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department.
Sec. 09.65.300. Immunity for providing free health care services. (a) Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care
(1) provider is licensed in this state to provide health care services;
(2) services provided were within the scope of the health care provider's license;
(3) services were provided at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization;
(4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in (b)(2) and (3) of this section; and
(5) provider
(A) obtains informed consent from the person receiving the health care services as described under AS 09.55.556, except in the case of an emergency; and
(B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section.
(b) This section does not preclude
(1) liability for civil damages that are the result of gross negligence or reckless or intentional misconduct;
(2) a health care provider from receiving payment or being reimbursed for expenses, including travel and room and board while providing voluntary services;
(3) a medical clinic or facility from charging for its services.
(c) In this section,
(1) "health care provider" means a state licensed physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, licensed clinical social worker, or certified direct-entry midwife;
(2) "health care services" means services received by an individual in order to treat or to prevent illness or injury;
(3) "nonprofit organization" means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).
Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses.A nonprofit organization approved by the department is not liable for distributing recycled used eyeglasses if
(1) the eyeglasses are distributed and fitted free of charge and the fitting conforms, to the extent possible, with a written prescription from a licensed physician or optometrist; and
(2) the organization obtains informed consent from the person receiving the eyeglasses and provides the person receiving the eyeglasses advance written notice of the immunity provided under this section.
Sec. 09.65.310. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage. [Repealed, Sec. 3 ch 69 SLA 2004]. Repealed or Renumbered
Sec. 09.65.315. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage. (a) A person is not liable beyond the limits of any applicable insurance policy purchased by or on behalf of the owner of the vehicle, or the taxicab or limousine company or the company's owner, agents, or employees, for damages resulting from a motor vehicle accident if the person was driving a vehicle involved in the accident and
(1) before the accident, started driving the vehicle involved in the accident from or near licensed premises;
(2) is, at the time of the accident, a person employed in the course and scope of employment to or under contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a taxicab or limousine permit issued by a municipality, or an owner or employee of a company that dispatches taxicabs or limousines;
(3) was not under the influence of an alcoholic beverage, inhalant, or controlled substance at the time of the accident;
(4) was driving the vehicle to the motor vehicle owner's residence or designated residential location at the request of the motor vehicle owner or operator or a law enforcement officer; and
(5) was driving the vehicle because the motor vehicle owner or operator was under the influence of an alcoholic beverage or reasonably believed to be under the influence of an alcoholic beverage.
(b) A person licensed under AS 04.11.080 - 04.11.255, or an agent or employee of the person, is not liable for damages resulting from a motor vehicle accident described under (a) of this section. A person or entity that participates in making arrangements for transportation of a vehicle under (a) of this section is not liable for damages resulting from a motor vehicle accident described in (a) of this section.
(c) This section does not
(1) preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct;
(2) limit the ability of a person to recover damages under any applicable uninsured or underinsured motor vehicle insurance coverage; or
(3) limit the ability of a person to recover damages under any applicable liability insurance coverage purchased by or on behalf of the person being transported under (a) of this section.
(d) A motor vehicle owner is considered to have given consent to another person to drive the owner's motor vehicle if the other person is involved in an accident and the provisions of (a) of this section apply to the other person.
(e) In this section,
(1) "controlled substance" has the meaning given in AS 28.33.190;
(2) "inhalant" has the meaning given to the phrase "hazardous volatile material or substance" in AS 47.37.270;
(3) "licensed premises" has the meaning given in AS 04.21.080.
Sec. 09.65.320. Nonrecovery for damages for noneconomic losses resulting from operating a motor vehicle while uninsured. (a) Except as provided in (b) of this section, in an action to recover damages for personal injury or wrongful death, a person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for noneconomic losses if the injury or death occurred while the person was operating a motor vehicle and the person knew that the person was not in compliance with the motor vehicle liability insurance provisions of AS 28.22.011 or, if applicable, the motor vehicle liability insurance provisions of AS 28.20. In this subsection, "damages for noneconomic losses" means the compensation claimed for the losses identified in AS 09.17.010(a).
(b) The prohibition against the recovery of noneconomic losses in (a) of this section does not apply if the person who is liable for the personal injury or wrongful death
(1) was driving while under the influence of an alcoholic beverage, inhalant, or controlled substance;
(2) acted intentionally, recklessly, or with gross negligence;
(3) fled from the scene of the accident; or
(4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a felony as defined in AS 11.81.900 at the time of the accident.
Sec. 09.65.330. Immunity: Use of defensive force. (a) A person who uses force in defense of self, other persons, or property as permitted in AS 11.81 is not liable for the death of or injury to the person against whom the force was intended to be used, unless the person against whom force was used was
(1) a peace officer, whether on or off duty, who was engaged in the performance of official duties;
(2) a firefighter, emergency medical technician, or paramedic engaged in the performance of official duties; or
(3) medical personnel, a health care provider, or a first responder in an emergency situation.
(b) The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is not liable under (a) of this section.
Chapter 09.68 MISCELLANEOUS PROVISIONS
Sec. 09.68.020. Successive actions.Successive actions may be maintained upon the same contract or transaction when a new cause of action arises under the contract.Sec. 09.68.030. Corporate sureties.When, by the laws of the state or by a charter, ordinance, rule, or regulation of a political subdivision, municipality, public corporation, or by a board, body, organization, court, or judge, a recognizance, stipulation, bond, undertaking, or bail in an action, suit, proceeding, or matter conditioned for the faithful performance of an act or duty or for the doing of an act or thing is permitted or required to be given with one or more sureties, it is sufficient compliance if the instrument is executed by a corporation that has complied with the laws of the state and is authorized by law to act as surety upon instruments and in proceedings, actions, suits, and matters as set out in this section.
Sec. 09.68.040. Parties exempt from giving bond. (a) In an action or proceeding in a court in which the state or a municipality is a party or in which the state or a municipality is interested, a bond or undertaking is not required of the state, a municipality, or an officer of the state or municipality.
(b) A bond for costs on appeal need not be filed by a party to an action if a court finds that party to be indigent and the appeal not frivolous; this finding may be made upon an affidavit filed by that party showing that the party is unable to pay for a bond and further stating the grounds for the appeal and the belief that the party is entitled to redress.
(c) A court in this state may not excuse a litigant requesting the entry of a stay or other interlocutory relief from posting a bond or other security to protect the persons who will be adversely affected if the excuse is based on the nature of the policy or interest advocated by the party, the number of persons affected by the outcome of the case, whether a governmental entity could be expected to bring or participate in the case, the extent of the party's economic incentive to bring the case, or any combination of these factors.
Sec. 09.68.050. Civil liability for malicious claim against state permitted project. (a) A person who initiates or maintains a malicious claim for injunctive relief against a state permitted project is, in addition to any other penalty or sanction provided by law, liable in a civil action to the permittee or owner of the project for all of the following:
(1) actual damages suffered by the permittee or owner of the project as a result of the malicious claim, including
(A) wages and salaries paid to employees or contractors idled or put to nonproductive labor as a result of prosecution of the malicious claim; and
(B) increased material costs caused by prosecution of the malicious claim; and
(2) incidental or consequential damages arising under contracts associated with the project that were caused by prosecution of the malicious claim.
(b) The liability of a person for damages under this section is in addition to liability for an award of reasonable attorney fees and costs that may be made to a prevailing party under the Alaska Rules of Civil Procedure.
(c) For purposes of this section, a person "initiates or maintains a malicious claim for injunctive relief against a state permitted project" if
(1) the person initiates or maintains a baseless legal or administrative claim, including an original claim, a counterclaim, or a cross-claim, against a project or activity in the state requiring one or more permits, authorizations, or approvals from a state agency;
(2) the claim is rejected by a court or administrative tribunal of competent jurisdiction or otherwise terminated adverse to the person;
(3) the claim is initiated or maintained in bad faith for an end other than the end it was designed to accomplish;
(4) the person acts with malice in initiating or maintaining the claim; and
(5) the permittee or owner of the project is damaged by the initiation or maintenance of the claim.
Sec. 09.68.060. Defense not prejudiced by assignment.If there is an assignment of a thing in action, the action by the assignee is without prejudice to a setoff or other defense existing at the time of, or before notice of the assignment. But, this section does not apply to a negotiable promissory note or bill of exchange transferred in good faith and upon valuable consideration before due.
Sec. 09.68.110. Civil liability for shoplifting. (a) A person who has attained the age of 18 years or an emancipated minor who shoplifts merchandise is, in addition to any criminal penalty provided by law, liable in a civil action to the owner or seller of the merchandise for all of the following:
(1) actual damages;
(2) a penalty equal to the retail value of the merchandise or $1,000, whichever is less; and
(3) a penalty of not less than $100 nor more than $200.
(b) A person having legal custody of an unemancipated minor who shoplifts merchandise is liable in a civil action to the owner or seller of the merchandise for both of the following:
(1) a penalty equal to the retail value of the merchandise or $500, whichever is less; and
(2) a penalty of not less than $100 nor more than $200.
(c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send a notice demanding the relief authorized to the defendant by first class mail at the defendant's last known address 15 days or more before the action is commenced. The Department of Law may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who shoplifted merchandise was charged or convicted under any statute or ordinance.
(d) Judgments, but not claims, arising under this section may be assigned.
(e) For purposes of this section, a person "shoplifts merchandise" if, without authority and with intent to deprive the owner of the merchandise,
(1) the person removes the merchandise of a commercial establishment, not purchased by the person, from the premises of the commercial establishment;
(2) the person knowingly conceals on, in, or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment; or
(3) the person knowingly substitutes or alters a price ticket in order to pay less than the indicated retail price.
(f) Merchandise found concealed on or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment for purposes of (e)(2) of this section.
(g) The liability of a person for damages and penalties under this section is in addition to liability for an award of reasonable attorneys' fees that may be made to the prevailing party in a civil action under Alaska Rule of Civil Procedure 82.
(h) In this section, "emancipated minor" means a minor whose disabilities have been removed for general purposes under AS 09.55.590.
Sec. 09.68.115. Bad check civil penalties. (a) In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
(1) the plaintiff makes a written demand for payment of the check at least 15 days before commencing the action; and
(2) the defendant fails to tender, before the action commences, an amount equal to the amount of the check plus up to a maximum $30 fee.
(b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.
(c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150.
(d) In this section
(1) "check" has the meaning given in AS 11.46.280;
(2) "dishonored" means the nonpayment of a check because of
(A) lack of funds;
(B) closure or nonexistence of an account; or
(C) a stop payment order issued without cause;
(3) "written demand" means a written notice to the issuer of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the civil penalties set out in this section.
Sec. 09.68.120. Definition of death.An individual is considered dead if, in the opinion of a physician licensed or exempt from licensing under AS 08.64 or a registered nurse authorized to pronounce death under AS 08.68.700, based on acceptable medical standards, or in the opinion of a mobile intensive care paramedic, physician assistant, or emergency medical technician authorized to pronounce death based on the medical standards in AS 18.08.089, the individual has sustained irreversible cessation of circulatory and respiratory functions, or irreversible cessation of all functions of the entire brain, including the brain stem. Death may be pronounced in this circumstance before artificial means of maintaining respiratory and cardiac function are terminated.
Sec. 09.68.130. Collection of settlement information. (a) Except as provided in (c) of this section, the Alaska Judicial Council shall collect and evaluate information relating to the compromise or other resolution of all civil litigation. The information shall be collected on a form developed by the council for that purpose and must include
(1) the case name and file number;
(2) a general description of the claims being settled;
(3) if the case is resolved by way of settlement,
(A) the gross dollar amount of the settlement;
(B) to whom the settlement was paid;
(C) the dollar amount of advanced costs and attorney fees that were deducted from the gross dollar amount of the settlement before disbursement to the claimant;
(D) the net amount actually disbursed to the claimant;
(E) the total costs and attorney fees paid by or owed by all parties; and
(F) any nonmonetary terms, including whether the attorney fees incurred by the claimant were based on a contingent fee agreement or upon an hourly rate; if a contingent fee was paid, the percentage of the total settlement represented by the fee must be included; or, if an hourly rate, the hourly rate paid;
(4) if the case is resolved by dismissal, summary judgment, trial, or otherwise,
(A) the gross dollar amount of the judgment;
(B) the amount of attorney fees awarded and to which party;
(C) the amount of costs awarded and to which party;
(D) the net amount, after deduction of (B) and (C) of this paragraph, for which the prevailing party has judgment;
(E) the dollar amount of advanced costs and attorney fees that were deducted from the gross dollar amount of the judgment before distribution to the claimant;
(F) the total costs and attorney fees paid by defending parties; and
(G) any nonmonetary terms, including whether the attorney fees incurred by the claimant were based on a contingent fee agreement or upon an hourly rate; if a contingent fee was paid, the percentage of the total settlement represented by the fee must be included; or, if an hourly rate, the hourly rate paid.
(b) The information received by the council under (a) of this section is confidential. This restriction does not prevent the disclosure of summaries and statistics in a manner that does not allow the identification of particular cases or parties.
(c) The requirements of (a) of this section do not apply to the following types of cases:
(1) divorce and dissolution;
(2) adoption, custody, support, visitation, and emancipation of children;
(3) children-in-need-of-aid cases under AS 47.10 or delinquent minors cases under AS 47.12;
(4) domestic violence protective orders under AS 18.66.100 - 18.66.180;
(5) estate, guardianship, and trust cases filed under AS 13;
(6) small claims under AS 22.15.040;
(7) forcible entry and detainer cases;
(8) administrative appeals;
(9) motor vehicle impound or forfeiture actions under municipal ordinance.
(d) A party to a civil case, except a civil case described in (c) of this section, or, if the party is represented by an attorney, the party's attorney shall submit the information described in (a) of this section to the Alaska Judicial Council. The information must be submitted within 30 days after the case is finally resolved as to that party and on a form specified by the Alaska Judicial Council.
Chapter 09.70 GENERAL PROVISIONS
Sec. 09.70.010. Applicability of title.This title governs all proceedings in actions brought after January 1, 1963, and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event, the laws in effect before January 1, 1963, apply.Sec. 09.70.020. Short title.This title may be cited as the Code of Civil Procedure.
Sec. 09.70.030. Good faith.The parties to every contract have a duty to act fairly and in good faith in the performance and enforcement of the contract.