reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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; in this paragraph, “health care provider” includes a health care provider who holds a temporary license or permit to practice as a health care provider;
(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 in writing from the person receiving the health care services as described under AS 09.55.556, except in the case of an emergency;
(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; and
(C) provides the person receiving health care services with written notice of the name of a licensed health care provider in the state that the person receiving health care services may contact for emergency follow-up care within 30 days after a procedure is performed.
(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 physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, athletic trainer, 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).
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › Sec. 09.65.325. Immunity relating to use or nonuse of investigational drugs, biological products, and devices.

(a) A person is not liable in an action for damages for the injury or death of a patient with a terminal illness resulting from the patient's use of an investigational drug, biological product, or device for the purpose of sustaining the patient's life if the person, acting in good faith and with reasonable care, is a
(1) physician or member of the medical team who prescribed, dispensed, or administered the investigational drug, biological product, or device, or provided related treatment, to the patient and, before prescribing, dispensing, or administering the drug, product, or device, or providing related treatment, the physician or member of the medical team
(A) obtained the informed consent of the patient in writing after presenting to the patient all treatment options currently approved by the United States Food and Drug Administration for treatment of the patient's terminal illness; and
(B) provided to the patient written notice of the immunity provided under this section; or
(2) manufacturer, importer, or distributor of the investigational drug, biological product, or device and, before providing the drug, product, or device to the patient's physician, presented to the physician all treatment options currently approved by the United States Food and Drug Administration for treatment of the patient's terminal illness and provided to the patient written notice of the immunity provided under this section.
(b) A person, acting in good faith and with reasonable care, is not liable in an action for damages solely for declining to
(1) prescribe, dispense, or administer an investigational drug, biological product, or device to a patient; or
(2) provide an investigational drug, biological product, or device to a patient's physician.
(c) In this section, “investigational drug, biological product, or device” and “terminal illness” have the meanings given in AS 08.64.367.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › Sec. 09.65.340. Immunity for prescribing, providing, or administering an opioid overdose drug.

(a) Except as provided in (c) of this section, a person is not liable for civil damages resulting from an act or omission in prescribing or providing an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a family member, friend, caregiver, or other person in a position to administer an opioid overdose drug to a person at risk of experiencing an opioid overdose if
(1) the person
(A) prescribing or providing the opioid overdose drug is a health care provider; or
(B) providing the opioid overdose drug is an employee or volunteer of an opioid overdose program; and
(2) each person to whom the opioid overdose drug is prescribed or provided has been educated and trained in the proper emergency use and administration of the opioid overdose drug by the health care provider or the opioid overdose program; education and training under this paragraph may be provided by any reasonable means, including through the use of electronic, video, or automated education or training resources.
(b) Except as provided in (c) of this section, a person who administers an opioid overdose drug to another person who the person reasonably believes is experiencing an opioid overdose emergency is not liable for civil damages resulting from an act or omission in the emergency administration of the opioid overdose drug.
(c) This section does not preclude liability for civil damages that are the result of gross negligence or reckless or intentional misconduct.
(d) In this section,
(1) “health care provider” means a licensed physician, osteopath, dentist, advanced nurse practitioner, physician assistant, nurse, village health aide, or pharmacist operating within the scope of the health care provider's authority;
(2) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140;
(3) “opioid overdose drug” means a drug that reverses, in whole or in part, the pharmacological effects of an opioid overdose;
(4) “opioid overdose program” means a program that provides opioid overdose drugs to persons at risk of experiencing an opioid overdose or to a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid overdose.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 65. Actions, Immunities, Defenses, and Duties › Sec. 09.65.350. Immunity for certain actions related to transportation network companies.

(a) The state or a municipality, and the officers, employees, and agents of the state or a municipality, are not liable in tort for damages for the injury to or death of a person or property damage resulting from an act, omission, or failure of a transportation network company or driver to comply with the requirements of AS 28.23 or other law.
(b) In this section, “transportation network company” and “driver” have the meanings given in AS 28.23.180.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 68. Miscellaneous Provisions › 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.010. Scope.

(a) Except as otherwise provided in (b) and (c) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
(b) This chapter does not apply to a transaction to the extent it is governed by
(1) a law governing the creation and execution of wills, codicils, or testamentary trusts;
(2) the Uniform Commercial Code other than AS 45.01.306, AS 45.02, AS 45.12, and, to the extent allowed by AS 45.07.113(c), AS 45.07.
(c) This chapter applies to a transaction governed by 15 U.S.C. 7001 - 7031 (Electronic Signatures in Global and National Commerce Act), but this chapter is not intended to limit, modify, or supersede 15 U.S.C. 7001(c). To the extent excluded from the scope of 15 U.S.C. 7001 - 7031 under 15 U.S.C. 7003, this chapter does not apply to a notice to the extent that it is governed by a law requiring the furnishing of
(1) any notice of
(A) the cancellation or termination of utility services, including water, heat, and power;
(B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
(C) the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities; or
(D) recall of a product, or material failure of a product, that risks endangering health or safety; or
(2) a document to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
(d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under (b) or (c) of this section to the extent it is governed by a law other than those specified in (b) or (c) of this section.
(e) A transaction subject to this chapter is also subject to other applicable substantive law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.020. Use of electronic records and electronic signatures; variation by agreement.

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of whom has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(c) A party who agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of the provisions of this chapter may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed,” or words of similar meaning, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.030. Construction and application.

This chapter shall be construed and applied to
(1) facilitate electronic transactions consistent with other applicable law;
(2) be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) carry out its general purpose to make the law with respect to the subject of this chapter uniform among states enacting it.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.040. Legal recognition of electronic records, electronic signatures, and electronic contracts.

(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.050. Provision of information in writing; presentation of records.

(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:
(1) the record must be posted or displayed in the manner specified in the other law;
(2) except as otherwise provided in (d)(2) of this section, the record shall be sent, communicated, or transmitted by the method specified in the other law;
(3) the record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but
(1) to the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) a requirement under a law other than this chapter to send, communicate, or transmit a record by regular United States mail may be varied by agreement to the extent permitted by the other law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.060. Attribution and effect of electronic record and electronic signature.

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to whom the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.070. Effect of change or error.

If a change or an error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) if the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record;
(2) in an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual
(A) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) has not used or received any benefit or value from the consideration, if any, received from the other person;
(3) if (1) and (2) of this section do not apply, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any;
(4) paragraphs (2) and (3) of this section may not be varied by agreement.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.080. Notarization and acknowledgment.

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.090. Retention of electronic records; originals.

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that
(1) accurately reflects the information set out in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) remains accessible for later reference.
(b) A requirement to retain a record under (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with (a) of this section.
(f) A record retained as an electronic record in accordance with (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2004, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.110. Automated transaction.

In an automated transaction, the following rules apply:
(1) a contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements;
(2) a contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance;
(3) the terms of the contract are determined by the substantive law applicable to it.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.120. Time and place of sending and receipt.

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it
(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person who sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when it
(1) enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) is in a form capable of being processed by that system.
(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is considered to be received under (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is considered to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(1) if the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction;
(2) if the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(e) An electronic record is received under (b) of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under (a) of this section, or purportedly received under (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.130. Transferable records.

(a) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to whom the transferable record was issued or transferred.
(b) A system satisfies (a) of this section, and a person is considered to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that
(1) a single authoritative copy of the transferable record exists that is unique, identifiable, and, except as otherwise provided in (4) - (6) of this subsection, unalterable;
(2) the authoritative copy identifies the person asserting control as the person to whom the transferable record was
(A) issued; or
(B) most recently transferred if the authoritative copy indicates that the transferable record has been transferred;
(3) the authoritative copy is communicated to and maintained by the person asserting control or the person's designated custodian;
(4) copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(6) any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
(c) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in AS 45.01.211(b), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under AS 45.03.302(a), AS 45.07.501, or AS 45.29.308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise a right under this subsection.
(d) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.
(e) If requested by a person against whom enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
(f) In this section, “transferable record” means an electronic record that
(1) would be a note under AS 45.03 or a document under AS 45.07 if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is a transferable record.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.150. Acceptance and distribution of electronic records by governmental agencies.

(a) Except as otherwise provided in AS 09.80.090(f), each governmental agency of this state shall determine whether, and the extent to which, the governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under (a) of this section, the governmental agency, giving due consideration to security, may specify
(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, a third party used by a person filing a document to facilitate the process;
(3) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) any other required attributes for electronic records that are specified for corresponding nonelectronic records or that are reasonably necessary under the circumstances.
(c) Except as otherwise provided in AS 09.80.090(f), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 80. Uniform Electronic Transactions Act › Sec. 09.80.160. Interoperability.

A governmental agency of this state that adopts standards under AS 09.80.150 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
2023 Alaska Statutes › Title 10. Corporations and Associations › Chapter 06. Alaska Corporations Code › Article 1. Corporate Purposes and Powers. › Sec. 10.06.015. Defense of ultra vires.

(a) An act of a corporation or a transfer of real or personal property to or by a corporation, otherwise lawful, is not invalid because the corporation was without capacity or power to do the act or to make or receive the transfer, but the lack of capacity or power may be asserted
(1) in an action by a shareholder against the corporation to enjoin the doing of an act or the transfer of real or personal property by or to the corporation; if the unauthorized act or transfer sought to be enjoined is being, or is to be, performed or made under a contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the action, set aside and enjoin the performance of the contract, and in so doing may allow to the corporation or to the other parties to the contract, compensation as may be equitable for the loss or damage sustained by any of them from the action of the court in setting aside and enjoining the performance of the contract; however, anticipated profits to be derived from the contract may not be awarded by the court as a loss or damage sustained;
(2) in an action by or in the right of the corporation to obtain a judgment in its favor against an incumbent or former officer, director, or incorporator of the corporation for loss or damage due to that individual's unauthorized act;
(3) in an action or special proceeding by the commissioner to annul or dissolve the corporation or to enjoin it from the doing of unauthorized business.
(b) This section applies to contracts and conveyances made by foreign corporations in this state and to conveyances by foreign corporations of real property situated in this state.