reglab/housing_qa huggingface dataset:
AK Stat § 09.38.060 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.060. Tracing exempt property.

(a) If property, or a part of it, that could have been claimed as an exempt homestead under AS 09.38.010, a burial plot under AS 09.38.015(a)(1), a health aid under AS 09.38.015(a)(2), or personal property subject to a value limitation under AS 09.38.020(a)(1), or (2) or 09.38.020(c), has been taken or sold by condemnation, or has been lost, damaged, or destroyed and the owner has been indemnified for it, the individual is entitled to an exemption of proceeds that are traceable for 12 months after the proceeds are received. An individual is entitled to an exemption of proceeds from the voluntary sale of an exempt homestead under AS 09.38.010 that are traceable for six months after the proceeds are received. The exemption of proceeds under this subsection does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under AS 09.38.010 or 09.38.020. (b) Money or other property and proceeds exempt under this chapter are traceable under this section by application of the principle of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the individual claiming the exemption.
AK Stat § 09.38.065 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.065. Claims enforceable against exempt property.

(a) Subject to AS 06.60.360(e), and notwithstanding other provisions of this chapter, (1) a creditor may make a levy against exempt property of any kind to enforce a claim for (A) child support; (B) unpaid earnings of up to one month's compensation or the full-time equivalent of one month's compensation for personal services of an employee; or (C) state or local taxes; (2) a creditor may make a levy against exempt property to enforce a claim for (A) the purchase price of the property or a loan made for the express purpose of enabling an individual to purchase the property and used for that purpose; (B) labor or materials furnished to make, repair, improve, preserve, store, or transport the property; and (C) a special assessment imposed to defray costs of a public improvement benefiting the property; and (3) a creditor may make a levy against exempt property of any kind to enforce the claim of a victim, including a judgment of restitution on behalf of a victim of a crime or a delinquent act, if the claim arises from conduct of the debtor that results in a conviction of a crime or an adjudication of delinquency, except that the debtor is entitled to an exemption in property (A) not to exceed an aggregate value of $3,000 chosen by the debtor from the following categories of property: (i) household goods and wearing apparel reasonably necessary for one household; (ii) books and musical instruments, if reasonably held for the personal use of the debtor or a dependent of the debtor; and (iii) family portraits and heirlooms of particular sentimental value to the debtor; and (B) not to exceed an aggregate value of $2,800 of the debtor's implements, professional books, and tools of the trade. (b) Except as provided in AS 09.38.070 limiting the enforcement of certain security interests, this chapter does not affect any statutory lien or security interest in exempt property. (c) A creditor having a claim enforceable under (a) of this section against exempt property, before, at the time of, or a reasonable time after making a levy on property of an individual, shall serve on the individual a notice of the levy and of the basis for the creditor's right to make a levy on exempt property. (d) [Repealed, § 40 ch 92 SLA 2001.]
AK Stat § 09.38.070 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.070. Limitation on enforcement of certain security interests in exempt goods.

(a) This section applies to a security interest, except a purchase-money security interest, or a security interest in a motor vehicle, in an item of goods (1) possessed by an individual, (2) being used by that individual or a dependent, and (3) exempt under AS 09.38.020(a) - (d). (b) Unless the individual, after receiving written notice of the individual's rights under this section, voluntarily surrenders to the secured creditor possession of an item of goods to which this section applies, the creditor may not take possession of the item or otherwise enforce the security interest according to its terms without an order or process of court. (c) The court may order or authorize process respecting any item of goods to which this section applies only after a hearing, upon notice to the individual of the hearing and of the individual's rights at it. The notice shall be as directed by the court. The order or authorization may prescribe appropriate conditions as to payments upon the debt secured or otherwise. The court may not order or authorize process respecting the item if it finds upon the hearing both that the individual lacks the means to pay all or part of the debt secured and that continued possession or use of the item is necessary to avoid undue hardship for the individual or a dependent. (d) The court, upon application of the creditor or the individual and notice to the other and after a hearing and finding of changed circumstances, may vacate or modify an order or authorization under this section.
AK Stat § 09.38.080 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.080. Procedures applicable to a levy on property of an individual.

(a) Except in a proceeding under AS 09.38.065, a creditor shall comply with this section in obtaining a levy on property of an individual. In a proceeding to levy on personal property of a kind listed in AS 09.38.020, a creditor shall comply with this section and AS 09.38.075. (b) Before, at the time of, or within three days after levy against property of an individual, the creditor shall file with the court from which the process issued an affidavit stating that the creditor has reason to believe the individual has property that is not exempt, identifying the property, and stating facts constituting the basis for that belief. (c) Before, at the time of, or within three days after levy, the creditor shall serve on the individual a notice under AS 09.38.085, including a copy of the affidavit filed under (b) of this section. (d) A bid for property that is less than the amount of the exempt value is not acceptable at a sale of property under a levy. If indebtedness secured by a valid lien is chargeable against the proceeds of the sale, the bid must exceed the amount of the indebtedness secured plus the amount of the exempt value. If a sufficient bid is not received, the officer shall file a notation of the fact with the clerk of the court and return the property to the individual. The costs incurred during levy, offering the property for sale, and returning the property shall be assessed against the creditor and are not recoverable from the individual, notwithstanding any agreement of the parties to the contrary. (e) If any question arises as to the rights of an individual entitled to an exemption under this chapter, an interested person may file with the clerk of the court from which the process issued a statement of the claim of exemptions and the question raised. The statement shall be referred to the court as soon as practicable thereafter. The court shall order that notice of a hearing be given. After hearing the matter, the court shall make findings and issue an appropriate order. The court may award to the prevailing party costs of a proceeding under this subsection. (f) An objection to levy on the ground that the property seized is exempt must be filed with the clerk of the court within 15 days after the levy. The burden of proving the validity of an exemption by a preponderance of the evidence is upon the individual claiming the exemption. Failure to file a timely objection may be held to be a waiver of a claim to exemption in the property, unless for cause shown the court excuses the failure.
AK Stat § 09.38.085 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.085. Contents of notice; forms.

(a) The notice required by AS 09.38.075(b) and 09.38.080(c) must include the following information: (1) the amount and date of the judgment to be enforced by levy and sale or other mode of appropriating the individual's property; (2) the name and address of the clerk of the court with whom objections must be filed; (3) the name and address of the creditor and of the creditor's attorney, if any; (4) a copy of the affidavit filed under AS 09.38.080(b); (5) a summary statement in lay terminology of the exemptions provided by the laws of this state; (6) a summary statement in lay terminology of the procedures for claiming exemptions, objecting to a levy on exempt property, changing venue, and exercising the right to repurchase homestead property from a sale before its confirmation; and (7) a statement in lay terminology of the rights of persons other than the individual as provided in AS 09.38.090. (b) The supreme court may prescribe forms to be used by creditors, debtors, and court officers under this chapter. (c) A notice substantially complying with this section is effective even though the notice contains errors if those errors do not result in substantial prejudice to the rights of the individual debtor or of the dependents of the individual debtor.
AK Stat § 09.38.090 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.090. Assertion of rights by another.

If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this chapter, the spouse or a dependent of the individual or any other person authorized by law may make the claim or objection or assert the rights provided by this chapter.
AK Stat § 09.38.095 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.095. Judicial relief.

(a) An individual or the spouse, a dependent of the individual, or any other person authorized by law is entitled to injunctive relief, damages, or both, against a creditor or other person to prevent or redress a violation of this chapter as provided in the Alaska Rules of Civil Procedure. A court may award costs and reasonable attorney fees to a party entitled to injunctive relief or damages. (b) For cause shown the court may relieve a person from the consequences of failing to take timely action to assert rights under this chapter.
AK Stat § 09.38.100 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.100. Debtor's property owned with another.

(a) If an individual and another own property in this state as tenants in common or tenants by the entirety, a creditor of the individual, subject to the individual's right to claim an exemption under this chapter, may obtain a levy on and sale of the interest of the individual in the property. A creditor who has obtained a levy, or a purchaser who has purchased the individual's interest at the sale, may have the property partitioned or the individual's interest severed. (b) A partner's right in specific partnership property is exempt except on a claim against the partnership. If partnership property is attached for a partnership debt, the partners or any of them or the representatives of a deceased partner may not claim an exemption for that property under this chapter.
AK Stat § 09.38.105 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.105. Waiver of exemption.

A waiver of exemption executed in favor of an unsecured creditor before levy on an individual's property is unenforceable, but a valid security interest may be given in exempt property.
AK Stat § 09.38.110 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.110. Federal requirements.

If a federal department or agency issues a formal ruling that a section of this chapter relating to public assistance will cause a state plan for the delivery of services or benefits to be out of conformity with federal requirements, the section will not apply to the extent that it causes the program to be out of conformity with federal requirements.
AK Stat § 09.38.115 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.115. Adjustment of dollar amounts.

(a) The dollar amounts in this chapter change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all urban consumers for the Anchorage Metropolitan Area compiled by the Bureau of Labor Statistics, United States Department of Labor (the index). The index for January of 1982 is the reference base index. (b) The dollar amounts change on October 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the index for January of that year and the most recent index used to change the exemption amount, is 10 percent or more, but (1) the portion of the percentage change in the index in excess of a multiple of 10 percent is disregarded and the dollar amounts change only in multiples of 10 percent of the amounts appearing in this chapter on August 26, 1982; and (2) the dollar amounts do not change if the amounts required by this section are those currently in effect as a result of earlier application of this section. (c) If the index is revised, the percentage of change is calculated on the basis of the revised index. If a revision of the index changes the reference base index, a revised reference base index is determined by multiplying the reference base index applicable by the rebasing factor furnished by the United States Bureau of Labor Statistics. If the index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for Alaskan consumers. (d) The Department of Labor and Workforce Development shall adopt a regulation announcing (1) on or before June 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by (b) of this section; and (2) promptly after the changes occur, changes in the index required by (c) of this section, including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index. (e) The Department of Labor and Workforce Development shall also provide notification of a change in exemption amounts required under (c) of this section to the clerks of court in each judicial district of the state.
AK Stat § 09.38.120 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.120. Protection of property of residents and nonresidents.

(a) Residents of this state are entitled to the exemptions provided under this chapter. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence. (b) The term “resident” means an individual who is physically present in the state and who intends to maintain a permanent home in Alaska.
AK Stat § 09.38.510 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 38. Alaska Exemptions Act|Sec. 09.38.510. Short title.

This chapter may be cited as the Alaska Exemptions Act.
AK Stat § 09.58.015 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.015. Attorney general investigation; civil action.

(a) The attorney general or the Department of Health and Social Services may investigate an alleged violation of AS 09.58.010. The attorney general may request assistance from the Department of Health and Social Services in an investigation under this section. (b) The attorney general may bring a civil action in superior court under AS 09.58.010 - 09.58.025.
AK Stat § 09.58.025 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.025. Subpoenas.

In conducting an investigation under AS 09.58.015, the attorney general may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records in connection with an investigation under or the administration of AS 09.58.010 - 09.58.025. If a medical assistance provider or a medical assistance recipient fails or refuses, without just cause, to obey a subpoena issued under this section, the superior court may, upon application by the attorney general, issue an order requiring the medical assistance provider or medical assistance recipient to appear before the attorney general to produce evidence.
AK Stat § 09.58.070 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.070. Employee protection for retaliation.

(a) An employee of a medical assistance provider who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment by the employee's employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this chapter, including investigation for, initiation of, testimony for or assistance in an action filed or to be filed under this chapter, is entitled to the same relief authorized under AS 39.90.120. (b) Notwithstanding (a) of this section, a state employee who is discharged, demoted, suspended, threatened, harassed, or discriminated against in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or in furtherance of an action under AS 09.58.010 - 09.58.060, including investigation, initiation of, testimony for or assistance in an action filed or to be filed under AS 09.58.010 - 09.58.060, is entitled to relief under AS 39.90.100 - 39.90.150 (Alaska Whistleblower Act). (c) A person may not bring an action under this section unless the action is commenced not later than three years after the date the employee was subject to retaliation under (a) or (b) of this section.
AK Stat § 09.58.080 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.080. Regulations.

The attorney general may adopt regulations under AS 44.62 as necessary to carry out the purposes of this chapter.
AK Stat § 09.58.090 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.090. Special provisions.

(a) This chapter does not apply to any controversy involving damages to the state of less than $5,500 in value. (b) No punitive damages may be awarded in an action brought under AS 09.58.010 - 09.58.025.
AK Stat § 09.58.100 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.100. Definitions.

In this chapter, (1) “attorney general” includes a designee of the attorney general; (2) “claim” means a request for payment of health care services or equipment, whether made to a contractor, grantee, or other person, when the state provides, directly or indirectly, a portion of the money, property, or services requested or demanded, or when the state will, directly or indirectly, reimburse the contractor, grantee, or other recipient for a portion of the money, property, or services requested or demanded; (3) “controversy” means the aggregate of one or more false claims submitted by the same medical assistance provider or medical assistance recipient under this chapter; (4) “knowingly” means that a person, with or without specific intent to defraud, (A) has actual knowledge of the information; (B) acts in deliberate ignorance of the truth or falsity of the information; or (C) acts in reckless disregard of the truth or falsity of the information; (5) “medical assistance program” means the federal-state program administered by the Department of Health and Social Services under AS 47.05 and AS 47.07 and regulations adopted under AS 47.05 and AS 47.07; (6) “medical assistance provider” has the meaning given in AS 47.05.290; (7) “medical assistance recipient” has the meaning given in AS 47.05.290; (8) “obligation” means an established duty, whether or not fixed, arising from (A) an express or implied contractual grantor or grantee or licensor or licensee relationship; (B) a fee-based or similar relationship; (C) a statute or regulation; or (D) the retention of any overpayment.
AK Stat § 09.58.110 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 58. Alaska Medical Assistance False Claim and Reporting Act|Sec. 09.58.110. Short title.

This chapter may be cited as the Alaska Medical Assistance False Claim and Reporting Act.
AK Stat § 09.65.070 (2021)
2021 Alaska Statutes|Title 9. Code of Civil Procedure|Chapter 65. Actions, Immunities, Defenses, and Duties|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.