AS Title 9, Chapter 68: Miscellaneous Provisions

Chapter 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 attorney fees that may be made to the prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure. (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.