SCS CSHB 18(HES): "An Act relating to the liability of parents and legal guardians of minors who destroy property; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 18(HES) 01 "An Act relating to the liability of parents and legal guardians of minors who destroy 02 property; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 INTENT. It is the intent of the legislature that this Act 07 (1) promote responsibility as well as the recovery of damages; 08 (2) require an unemancipated minor who causes civil damages to participate in 09 the justice process in order to provide a better remedy and to experience a learning 10 opportunity. 11 * Sec. 2. AS 34.50.020(a) is amended to read: 12 (a) Except as provided under (d) of this section, a [A] person, municipal 13 corporation, association, village, school district, or religious or charitable organization, 14 incorporated or unincorporated, may recover damages in a civil action in an amount
01 not to exceed $25,000 [$10,000] and court costs from either parent or [,] both parents 02 [, OR THE LEGAL GUARDIAN] of an unemancipated minor under the age of 18 03 years who, as a result of a knowing or intentional act, destroys real or personal 04 property belonging to the person, municipal corporation, association, village, school 05 district, or religious or charitable organization. However, for purposes of this 06 subsection, recovery in damages shall be apportioned by the court between the parents 07 [OR BETWEEN THE PARENTS AND LEGAL GUARDIAN, OR BOTH,] without 08 regard to legal custody but with due consideration for the actual care and custody of 09 the minor provided by the parents [OR LEGAL GUARDIAN]. 10 * Sec. 3. AS 34.50.020(c) is amended to read: 11 (c) A parent [OR, IF ANY, A LEGAL GUARDIAN] of an unemancipated 12 minor under the age of 18 years who is a runaway or missing minor is not liable under 13 (a) of this section for the acts of the minor that are committed by the minor after a 14 parent [OR, IF ANY, A LEGAL GUARDIAN] of the minor has made a report to a 15 law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 16 away or is missing. In this subsection, "runaway or missing minor" means a minor 17 who a parent [OR LEGAL GUARDIAN OF THE MINOR] reasonably believes is 18 absent from the minor's residence for the purpose of evading a parent [OR THE 19 LEGAL GUARDIAN OF THE MINOR,] or who is otherwise missing from the 20 minor's usual place of abode without the consent of a parent [OR THE LEGAL 21 GUARDIAN OF THE MINOR]. 22 * Sec. 4. AS 34.50.020 is amended by adding new subsections to read: 23 (d) Subsection (a) of this section does not authorize the recovery of damages 24 from 25 (1) a legal guardian; or 26 (2) the adoptive parents of a hard-to-place child if the adoptive parents 27 are receiving, at the time the property is destroyed, financial assistance from the state 28 as a result of the adoption; in this paragraph, "hard-to-place child" has the meaning 29 given in AS 25.23.240. 30 (e) If damages are recovered in a civil action as allowed under (a) of this 31 section, the court shall require the unemancipated minor who caused the damages to
01 provide a written report to the court regarding 02 (1) financial resources of the minor that are available for purposes of 03 restitution; 04 (2) restitution the minor has made to the claimants; and 05 (3) what, if anything, the minor has learned from the civil justice 06 process. 07 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. This Act applies to a civil action that accrues on or after the 10 effective date of this Act. 11 * Sec. 6. This Act takes effect July 1, 2003.