- Decedents’ Estates, Guardianships and Trusts; Protection of Persons under Disability and Their Property; Powers of Attorney; Interpretation of Provisions in Statutory Form Power of Attorney (excerpts) – § 13.26.344
- Unclaimed Property; Definitions – § 34.45.760
- Trade and Commerce; Competitive Practices and Regulation of Competition; Monopolies; Restraint of Trade; Exemptions – § 45.50.572
- Water, Air, Energy, and Environmental Conservation; Prohibited Acts and Penalties; Strict Liability for the Release of Hazardous Substances – § 46.03.822
- Welfare, Social Services and Institutions; Catastrophic Illness Assistance; Calculation of Applicant’s Share – § 47.08.060
- Welfare, Social Services and Institutions; Pioneers’ Home; Admission to Home – § 47.55.020
§ 13.26.344. Decedents’ Estates, Guardianships and Trusts; Protection of Persons under Disability and Their Property; Powers of Attorney; Interpretation of Provisions in Statutory Form Power of Attorney
(a) In a statutory form power of attorney, the language conferring general authority with respect to real estate transactions shall be construed to mean that, as to an estate or interest in land of the principal, whether in the estate or elsewhere, the principal authorizes the agent to * * *
(b) In a statutory form power of attorney, the language conferring general authority with respect to tangible personal property, chattels, and goods transactions shall be construed to mean that, as to tangible personal property, chattels, or goods owned by the principal, whether located in the state or elsewhere, the principal authorizes the agent to * * *
(c) In a statutory form power of attorney, the language conferring general authority with respect to bonds, shares, and commodities transactions shall be construed to mean that, with respect to a bond, share, or commodity of the principal, whether in the state or elsewhere, the principal authorizes the agent to
(1) accept as a gift, or as a security for a loan, reject, demand, buy, receive, or otherwise acquire either ownership or possession of, a bond, share, or instrument of similar character including, by way of illustration, but not of restriction, stock in a corporation organized under 43 U.S.C. 1601 – 1628 (Alaska Native Claims Settlement Act), commodity interest, or an instrument with respect to a bond, share, or instruments of similar character, together with the interest, dividends, proceeds, or other distributions connected with a bond, share, or instrument of a similar character;
(2) sell, exchange, transfer, release, surrender, hypothecate, pledge, revoke, create, or modify a trust, grant options concerning, loan, trade in, or otherwise dispose of a bond, share, instrument of similar character, commodity interest, or a related instrument;
(3) release, assign the whole or part of, satisfy in whole or in part, and enforce a pledge, encumbrance, lien, or other claim as to a bond, share, instrument of similar character, commodity interest, or a related interest, when the pledge, encumbrance, lien, or other claim is owned, or claimed to be owned, by the principal;
(4) do any act of management or of conservation with respect to a bond, share, instrument of similar character, commodity interest, or a related instrument, owned or claimed to be owned by the principal or in which the principal has or claims to have an interest, including by way of illustration, but not of restriction, power to insure against a casualty, liability, or loss, obtain or regain possession or protect the principal’s interest, pay, compromise, or context taxes or assessments, apply for a refund in connection with a payment, compromise, or tax, consent to and participate in a reorganization, recapitalization, liquidation, merger, consolidation, sale or lease or other change in or revival of a corporation or other association, or in the financial structure of a corporation or other association, or in the priorities, voting rights, or other special rights with respect to a corporation or association, become a depositor with a protective, reorganization or similar committee of the bond, share, other instrument of similar character, commodity interest or a related instrument, belonging to the principal, make a payment reasonably incident to them, and exercise or sell an option, conversion, or similar right, or vote in person or by the granting of a proxy for the accomplishment of the purposes enumerated in this subsection;
(5) carry in the name of a nominee selected by the agent evidence of the ownership of a bond, share, other instrument of similar character, commodity interest, or related instrument belonging to the principal;
(6) employ, in any way believed to be desirable by the agent, a bond, share, other instrument of similar character, commodity interest, or a related instrument, in which the principal has or claims to have an interest, for the protection or continued operation of a speculative or margin transaction personally begun or personally guaranteed, in whole or in part, by the principal;
(7) demand, receive, or obtain money or any other thing of value to which the principal is, or may claim to be, entitled as the proceeds of an interest in a bond, share, other instrument of similar character, commodity interest or a related instrument, or of one or more of the transactions enumerated in this subsection, conserve, invest, disburse, or use anything so received for purposes enumerated in this subsection; and reimburse the agent for an expenditure properly made in the execution of the powers conferred by the statutory form power of attorney;
(8) agree and contract, in any manner, and with a broker or other person, and on terms that the agent may select, for the accomplishment of the purposes enumerated in this subsection, and perform, rescind, reform, release, or modify the agreement or contract or other similar agreement made by or on behalf of the principal;
(9) execute, acknowledge, seal, and deliver a consent, agreement, authorization, assignment, revocation, declaration or modification of trust, notice, waiver of notice, check, or other instrument that the agent considers useful for the accomplishment of the purposes enumerated in this subsection;
(10) execute, acknowledge and file a report or certificate required by law or regulation;
(11) prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of, or against, the principal based on or involving a bond, share, or commodity transactions, or intervene in a related action or proceeding;
(12) hire, discharge, and compensate an attorney, accountant, expert witness, or assistant when the agent considers that action to be desirable for the proper execution of the powers described in this subsection, and for the keeping of records about that action; and
(13) do any other act or acts that the principal can do through an agent, with respect to an interest in a bond, share, or other instrument of similar character, commodity, or instrument with respect to a commodity.
§ 34.45.760. Unclaimed Property; Definitions
In AS 34.45.110 – 34.45.780, unless the context requires otherwise,
(1) “apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder;
(2) “banking organization” means a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or an organization defined by other applicable laws as a bank or banking organization;
(3) “business association” means a nonpublic corporation, joint stock company, investment company, business trust, mutual fund, joint venture, limited liability company, partnership, or association for business purposes or other business entity of one or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility;
(4) “commissioner” means the commissioner of revenue;
(5) “department” means the Department of Revenue;
(6) “domicile” means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person;
(7) “financial organization” means a savings and loan association, cooperative bank, building and loan association, or credit union;
(8) “holder” means a person, wherever organized or domiciled, who is
(A) in possession of property belonging to another,
(C) indebted to another on an obligation;
(9) “insurance company” means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, that is engaged in providing insurance coverage, including accidental, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life, including endowments and annuities, malpractice, marine, mortgage, surety, and wage protection insurance;
(i) money, checks, drafts, warrants, deposits, interest, dividends, and income;
(ii) credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, and unidentified remittances;
(iii) stocks and other intangible ownership interests in business associations;
(iv) money deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;
(v) amounts due and payable under the terms of insurance policies; and
(vi) amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee savings, supplemental unemployment insurance, or similar benefits;
(ii) shares of stock issued by a corporation organized under 43 U.S.C. 1601 – 1629a (Alaska Native Claims Settlement Act) or unclaimed dividends payable on the shares of stock; or
(iii) overpaid contributions by employers to the unemployment compensation fund under AS 23.20.130;
(11) “last known address” means a description of the location of the apparent owner sufficient for the purpose of the delivery;
(12) “owner” means a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or a person having a legal or equitable interest in property subject to AS 34.45.110 – 34.45.780; the term includes a person’s legal representative;
(13) “person” means an individual, business association, state, municipality or other government, including the United States government, subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or other legal or commercial entity;
(14) “property” means personal property;
(15) “state” means a state, district, commonwealth, territory, insular possession, or other area subject to the legislative authority of the United States;
(16) “utility” means a person who owns or operates for public use a plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
§ 45.50.572. Trade and Commerce; Competitive Practices and Regulation of Competition; Monopolies; Restraint of Trade; Exemptions
(a) AS 45.50.562 – 45.50.596 do not forbid the existence or operation of labor, agricultural, horticultural, or marine pilot organizations created for the purpose of mutual help, and not conducted for profit, or forbid or restrain members of those organizations from lawfully carrying out the legitimate objectives of them; nor are these organizations or members illegal combinations or conspiracies in restraint of trade under the provisions of AS 45.50.562 – 45.50.596.
(b) AS 45.50.562 – 45.50.596 do not forbid actions or arrangements authorized or regulated under the laws of the United States that exempt these actions or arrangements from application of the antitrust laws of the United States or under the following statutes of this state:
(1) AS 06.05.235 and 06.05.570;
(c) AS 45.50.562- 45.50.596 do not forbid persons engaged in the fishing industry as fishermen who catch, collect, or cultivate aquatic products from acting together in associations for the purpose of collectively catching, producing, preparing for market, processing, handling, and marketing their product. Associations may have marketing agencies in common and may make contracts and agreements necessary to achieve the purposes of this subsection. In this subsection, “association” means an association, corporate or otherwise, with or without capital stock, that
(1) is operated for the mutual benefit of its members;
(2) does not deal in the aquatic products of nonmembers to an amount greater in value than the association handles for its members; and
(A) does not allow a member of the association more than one vote because of the amount of stock or membership capital the member may own in the association; or
(B) does not pay dividends on stock or membership capital in excess of eight percent a year.
(d) AS 45.50.562 – 45.50.596 apply to long distance telecommunications services provided by public utilities. AS 45.50.562 – 45.50.596 do not apply to other services provided by public utilities that have been issued a certificate of public convenience and necessity under AS 42.05.
(g) AS 45.50.562 – 45.50.596 do not forbid activities expressly required by a regulatory agency of the state. Activities permitted by a regulatory agency of the state are not forbidden by this chapter if the regulatory agency has given due consideration to the possible anticompetitive effects before permitting the activities, and enforcement of the provisions of AS 45.50.562 – 45.50.596 would be disruptive of the regulatory scheme.
(h) AS 45.50.562 – 45.50.596 do not forbid actions or arrangements necessary to carry out the provisions of the Alaska Native Claims Settlement Act.
(i) AS 45.50.562 – 45.50.596 do not prohibit activities of the Alaska Housing Finance Corporation to stabilize the market price of and demand for residential housing in the state under AS 18.56.210.
(j) AS 45.50.562 – 45.50.596 do not forbid persons engaged in the fishing industry as fishermen, including fishermen acting through associations allowed under (c) of this section, from collectively agreeing with fish processors, including fish processors acting through associations of processors, on the (1) price paid to the fishermen for aquatic products; and (2) minimum price that fish processors will accept for the sale of processed aquatic products. Nothing in this subsection allows fish processors to agree among themselves on the price paid to fishermen or the minimum price that fish processors will accept for the sale of processed aquatic products if fishermen did not participate in the making of the agreement and are not a party to the agreement.
§ 46.03.822. Water, Air, Energy, and Environmental Conservation; Prohibited Acts and Penalties; Strict Liability for the Release of Hazardous Substances
(a) Notwithstanding any other provision or rule of law and subject only to the defenses set out in (b) of this section, the exception set out in (i) of this section, the exception set out in AS 09.65.240, and the limitation on liability provided under AS 46.03.825, the following persons are strictly liable, jointly and severally, for damages, for the costs of response, containment, removal, or remedial action incurred by the state, a municipality, or a village, and for the additional costs of a function or service, including administrative expenses for the incremental costs of providing the function or service, that are incurred by the state, a municipality, or a village, and the costs of projects or activities that are delayed or lost because of the efforts of the state, the municipality, or the village, resulting from an unpermitted release of a hazardous substance or, with respect to response costs, the substantial threat of an unpermitted release of a hazardous substance:
(1) the owner of, and the person having control over, the hazardous substance at the time of the release or threatened release; this paragraph does not apply to a consumer product in consumer use;
(2) the owner and the operator of a vessel or facility, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
(3) any person who at the time of disposal of any hazardous substance owned or operated any facility or vessel at which the hazardous substances were disposed of, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
(4) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by the person, other than domestic sewage, or by any other party or entity, at any facility or vessel owned or operated by another party or entity and containing hazardous substances, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance;
(5) any person who accepts or accepted any hazardous substances, other than refined oil, for transport to disposal or treatment facilities, vessels or sites selected by the person, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance.
(b) In an action to recover damages or costs, a person otherwise liable under this section is relieved from liability under this section if the person proves
(1) that the release or threatened release of the hazardous substance to which the damages relate occurred solely as a result of
(B) except as provided under AS 46.03.823(c) and 46.03.825(d), an intentional or negligent act or omission of a third party, other than a party or its agents in privity of contract with, or employed by, the person, and that the person
(i) exercised due care with respect to the hazardous substance; and
(ii) took reasonable precautions against the act or omission of the third party and against the consequences of the act or omission; or
(2) in relation to (1)(B) or (C) of this subsection, that the person, within a reasonable period of time after the act occurred,
(A) discovered the release or threatened release of the hazardous substance; and
(B) began operations to contain and clean up the hazardous substance.
(c) For purposes of (b)(1)(B) of this section, a third party or an agent of a third party is in privity of contract with the person who is otherwise liable, if the third party or its agent and the person are parties to a land contract, deed, or other instrument transferring title or possession of the real property on which the facility in question is located, unless that property was acquired by the person after the disposal or placement of the hazardous substance on, in, or at the facility, and the person establishes that the person has satisfied the requirements of (b)(1)(B) of this section and establishes that
(1) at the time the person acquired the facility the person did not know and had no reason to know that a hazardous substance that is the subject of the release or threatened release was disposed of on, in, or at the facility;
(2) the person is a governmental entity that acquired the facility by escheat, or through another involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation;
(3) the person is a corporation organized under 43 U.S.C. 1601 – 1629e (Alaska Native Claims Settlement Act) that acquired the facility under those sections;
(4) the person acquired the facility by inheritance or bequest; or
(5) the person is a state governmental entity and the state acquired the facility under Public Law 85 – 508 (Alaska Statehood Act).
(d) To establish that a person had no reason to know that the hazardous substance was disposed of on, in, or at the facility, as provided in (c)(1) of this section, the person must have undertaken, at the time of acquisition, all reasonable inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of this subsection a court shall take into account all relevant facts, including
(1) any specialized knowledge or experience the person has;
(2) the relationship of the purchase price to the value of the property if it were uncontaminated;
(3) commonly known or reasonably ascertainable information about the property;
(4) the obviousness of the presence or likely presence of contamination at the property; and
(5) the ability to detect contamination by appropriate inspection.
(e) This section does not diminish the liability of a person who previously owned or operated a facility or vessel and who would otherwise be liable. If the person obtained actual knowledge of the release or threatened release of a hazardous substance at the facility or vessel and subsequently transferred ownership to another without disclosing that knowledge, the person is liable under (a)(2) of this section, and a defense under (b)(1)(B) of this section is not available to the person.
(f) This section does not diminish the liability of a person who, by an act or omission, caused or contributed to the release or threatened release of a hazardous substance that is the subject of the action relating to the facility or vessel.
(g) An indemnification, hold harmless, or similar agreement, or conveyance of any nature is not effective to transfer liability under this section from the owner or operator of a facility or vessel or from a person who might be liable for a release or substantial threat of a release under this section. This subsection does not bar an agreement to insure, hold harmless, or indemnify a party to the agreement for liability under this section. This subsection does not bar a cause of action that an owner, operator, or other person subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against another person.
(h) The state, a municipality, a village, a person who acts as a volunteer and is engaged in a response action under the direction of the federal or state on-scene coordinator, and a vessel of opportunity engaged in a response action under the direction of the federal or state on-scene coordinator are not liable under this section for costs or damages as a result of actions taken in response to an emergency created by a release or threatened release of a hazardous substance generated by or from a facility or vessel owned by another person unless the actions taken by the state, the municipality, the village, the volunteer, or the vessel constitute gross negligence or intentional misconduct.
(i) In an action to recover damages and costs, a person otherwise jointly and severally liable under this section is relieved of joint liability and is liable severally for damages and costs attributable to that person if the person proves that
(1) the harm caused by the release or threatened release is divisible; and
(2) there is a reasonable basis for apportionment of costs and damages to that person.
(j) A person may seek contribution from any other person who is liable under (a) of this section during or after a civil action under (a) of this section. Actions under this subsection shall be brought under the Alaska Rules of Civil Procedure and are governed by state law. In resolving claims for contribution under this section, the court may allocate damages and costs among liable parties using equitable factors determined to be appropriate by the court. This subsection does not diminish the right of a person to bring an action for contribution in the absence of a civil action under (a) of this section.
(k) In this section, “damages” has the meaning given in AS 46.03.824 and includes damage to persons or to public or private property, damage to the natural resources of the state or a municipality, and damage caused by acts or omissions of a response action contractor for which the response action contractor is not liable under AS 46.03.823 or 46.03.825.
§ 47.08.060. Welfare, Social Services and Institutions; Catastrophic Illness Assistance; Calculation of Applicant’s Share
(a) As frequently as necessary the committee shall adopt, in light of appropriated funds and expected need, a formula to be used in determining the applicant’s share of total medical expenses incurred as a result of a catastrophic illness, based on the applicant’s annual gross income, number of dependents, amount of assets, and forthcoming third-party payments, all considered in light of the requirement that the applicant’s share will be paid to the provider on a payment schedule covering a period of at least three years.
(b) For the purposes of applying the formula to determine the applicant’s share, multiple catastrophic illness occurring within a 12-month period to the applicant or other members of the applicant’s family shall be treated as one catastrophic illness.
(c) In applying the formula to determine the applicant’s share, the total gross income and the total assets of the family of the applicant may be taken into account, with the following exceptions:
(1) the applicant’s permanent place of abode;
(2) one noncommercial vehicle;
(3) tools, equipment, vehicles and other assets required in a trade or business;
(4) ordinary household and personal effects;
(6) all nonliquid assets unless this exclusion would bring about an inequitable result; however, all income derived from this property shall be taken into consideration in determining the recipient’s gross income;
(7) inalienable shares in a Native corporation created under 43 U.S.C. 1601 – 1628 (Alaska Native Claims Settlement Act), for the period of their inalienability as specified in the Act;
(8) Alaska longevity bonus payments;
(9) any other assets specifically restricted for the use of the recipient by state or federal law.
(d) Assets received by the applicant as a custodian, guardian, conservator, or trustee for another are not considered assets of the custodian, guardian, conservator, or trustee.
(e) The applicant’s share shall be reduced in the amount of any premiums paid for health insurance or a prepaid medical plan up to $500 if incurred in the 12-month period beginning with the occurrence of the injury or the onset of the illness.
(f) Notwithstanding the provisions of this section, the committee may waive payment of an applicant’s share when the catastrophic illness is the proximate result of an immunization required by law.
§ 47.55.020. Welfare, Social Services and Institutions; Pioneers’ Home; Admission to Home
(a) Every person residing in the state who is 65 years of age or older, has been a resident of the state continuously for more than 15 years immediately preceding application for admission, and is in need of residence at the home because of physical disability or other reason, is eligible for admission under conditions prescribed in regulations of the Department of Administration. The spouse of a person who is eligible for admission under other provisions of this subsection is also eligible for admission to the home under conditions prescribed by the department if the spouse is 65 years of age or older and has been a resident of the state continuously for more than 15 years immediately preceding application for admission. In this subsection, “physical disability or other reason” means inability to maintain a household without regular assistance in shopping, housekeeping, meal preparation, dressing, or personal hygiene because of physical or medical impairment, infirmity, or disability.
(b) Every person admitted to the Pioneers’ Home who receives income from any source in excess of $100 per month may be required by the Department of Administration to pay the excess to the department immediately upon receipt of the money in payment, or part payment, of the cost of the person’s care. However, the department may not require in any month the payment of an amount greater than the monthly rate set under AS 47.55.030(b) except to satisfy an indebtedness incurred under AS 47.55.070. The department may not evict a person from the Pioneers’ Home if the income and assets of the person are insufficient to pay the monthly rate set under AS 47.55.030(b) and the person is otherwise in compliance with requirements under this chapter.
(c) At the end of each month the payments made under (b) of this section shall be transmitted to the commissioner of revenue. The Department of Administration may pay to a resident without funds the sum of $100 per month.
(e) Notwithstanding AS 47.55.070 and (b) of this section, a resident whose income and assets are insufficient to pay the monthly rate set under AS 47.55.030(b) qualifies for payment assistance if the resident is otherwise in compliance with requirements under this chapter. The amount of payment assistance shall equal the amount needed, when added to other income and assets of the resident, to pay the monthly rate set under AS 47.55.030(b). Payment assistance received by a resident is a debt to the state. In determining the amount of payment assistance for which a resident qualifies, the following income and assets of a Pioneers’ Home resident shall be disregarded:
(1) income from any source in an amount equal to at least $100 per month as established by regulation of the Department of Administration;
(2) the following assets received under 43 U.S.C. 1601- 1629e (Alaska Native Claims Settlement Act):
(A) cash dividends and other income equal to at least $2,000 as established by regulation of the Department of Administration;
(C) noncash dividends from stock; and
(3) a permanent fund dividend issued under AS 43.23;
(4) veterans’ benefits paid under 38 U.S.C. 1114;
(5) compensation to volunteers under the federal retired and senior volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);
(6) federal World War II restitution payments made under 50 U.S.C. 1989b-4 and c-5;
(7) payments under AS 18.67 (crime victim compensation);
(8) an amount determined by regulation of the Department of Administration sufficient for burial expenses of the resident, the resident’s spouse, and dependents of the resident;
(9) real property being used as the primary residence of the resident’s spouse or a dependent of the resident;
(10) other real or personal property equal to at least a total value of $5,000 as established by regulation of the Department of Administration.