reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.080. Disclosure requirements.

(a) At least 10 days before a buyer signs the contract required by AS 45.66.090, or at least 10 days before receipt of any consideration by the seller, whichever event occurs first, the seller shall give the buyer the written disclosure statement described in (b) of this section, require the buyer to sign a receipt containing the buyer's name and the date on which the buyer received the disclosure statement, and give the buyer the original receipt with the buyer's original signature. The seller shall retain a copy of the receipt.
(b) The department shall specify by regulation the form and content of the disclosure statement required by (a) of this section, including
(1) the seller's name, type of business organization, address, and name of any parent or affiliated company related to the transaction;
(2) the names, addresses, and other relevant information regarding the owners, officers, directors, and other persons responsible for the seller's business activities related to the contract;
(3) the business history of the seller and the seller's representatives and the background of the seller and the seller's representatives that relates to business opportunities;
(4) the total contract amount to be paid by the buyer and the schedule of payments;
(5) the financial condition of the seller, including audits and recent income statements;
(6) a complete description of the services that the seller will perform for the buyer, including training;
(7) the history of the seller's registration or attempted registration in this or another state as a seller of business opportunities;
(8) a history of civil actions, criminal actions, and consumer protection complaints as described in AS 45.66.020(b)(3) brought against the seller or the seller's representatives related to the sale of business opportunities and the resolution of the actions and complaints in this state or another jurisdiction;
(9) identification of any bankruptcy actions filed in court by the seller and the resolution of the actions;
(10) if the seller makes a statement about potential earnings that can be made through a business opportunity, the basis for the statement and the economic risks associated with the business opportunity;
(11) the rights and obligations of the seller and buyer regarding termination of the contract, including the rights arising out of the bond required by AS 45.66.060; and
(12) any additional information that the department determines by regulation is reasonable and in the public interest for the seller to provide in order to make a complete disclosure concerning the contract.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.090. Written contract required.

(a) In addition to the other requirements of this chapter, a person may not contract to sell a business opportunity unless the contract is in writing and the seller gives a copy of the contract to the buyer when the buyer signs the contract.
(b) The department shall establish by regulation the content and format of the information that must be contained in the contract. At a minimum, the contract must contain
(1) the payment terms, including any escrow account required under AS 45.66.100;
(2) the name, address, and telephone number of the seller, the seller's agent, and each supplier of products, equipment, or supplies that the seller is to deliver to the buyer;
(3) a statement of the form of the seller's business organization;
(4) a description of services, including any training services, that the seller is to provide to the buyer;
(5) the delivery date of the product, equipment, or supplies being sold or leased;
(6) if the seller has represented that there is a buy-back agreement for the business opportunity or that payments are protected or secured, a complete description of those provisions;
(7) a statement of the buyer's right to cancel, the circumstances under which cancellation is authorized, and the procedure for cancellation and refunds; and
(8) any other terms that the department determines are necessary to protect the public interest.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.100. Restrictions on down payments.

(a) A seller may not require a buyer to pay as a down payment more than 20 percent of the initial payment unless the excess above the 20 percent is placed in an escrow account that meets the requirements of AS 45.66.110.
(b) In this section,
(1) “down payment” means that portion of the initial payment that the buyer is obligated to pay to the seller before or at the time the products, equipment, supplies, or services are delivered, but does not include any amount that is financed by or for which financing is to be obtained by the seller or that results from financing that the seller assists the buyer to obtain;
(2) “initial payment” means
(A) the total amount that a buyer is obligated to pay under the terms of the contract before or at the time the equipment, supplies, products, or services are delivered or within six months after the buyer commences operation of the business opportunity; or
(B) the entire sale price if the contract sets out a specific total sale price for the purchase of the business opportunity and the total price is to be paid partially as a down payment and then in specific monthly payments or a subsequent lump sum payment.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.110. Escrow account requirements.

(a) The holder of an escrow account required by AS 45.66.100 must be a person who is independent from the seller, and the escrow account holder may not make direct disbursements from the escrow account except as provided in (c) and (d) of this section.
(b) A seller who establishes an escrow account required by AS 45.66.100 shall provide to the escrow account holder a copy of the signed contract between the buyer and the seller. The seller shall promptly report to the department the following information:
(1) the name and address of the escrow account holder;
(2) the name and address of the financial institution, including the branch, where the escrow account is located; and
(3) the escrow account number.
(c) Except as provided in (d) of this section or under AS 45.66.120, money placed in an escrow account required by AS 45.66.100 may not be released until 30 days have passed since the buyer signed the contract and the buyer notifies the escrow account holder in writing that the products, equipment, supplies, or services required by the contract have been delivered within the time set in the contract between the buyer and seller. The buyer shall notify the escrow account holder of a timely delivery within 10 business days after delivery.
(d) Upon notification by the buyer that the contract has been cancelled under AS 45.66.130, the escrow account holder shall release the money held in the escrow account to the buyer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.120. Actions for claims against escrow account.

(a) A buyer who has a claim against an escrow account required by AS 45.66.100 may bring a civil action against the seller or escrow account holder to recover money from the escrow account.
(b) Upon the filing of an action brought under this section, the clerk of the court shall mail a copy of the complaint to the attorney general and, upon entry of an order or judgment in the action, shall mail a copy of the order or judgment to the attorney general.
(c) A person may not begin an action under this section more than two years after the person discovers or reasonably should have discovered the basis for the claim.
(d) The escrow account holder is not liable for the amount by which claims or damages caused by the seller exceed the amount of the escrow account.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.130. Cancellation of contract.

(a) A buyer may cancel a contract for any reason if the buyer gives notice of the cancellation to the seller within 30 days after signing the contract.
(b) In addition to the right to cancel under (a) of this section, a buyer may cancel the contract at any time if the seller
(1) failed to comply with AS 45.66.080 or 45.66.090;
(2) used untrue, misleading, incomplete, or deceptive statements in any aspect of advertising, promoting, selling, or offering to sell a business opportunity;
(3) fails, within 30 days after the delivery date specified in the contract, to deliver the products, equipment, supplies, or services required under the contract to begin substantial operation of the business to be started under the contract; or
(4) fails to provide a location for the business to be started under the contract if the contract requires the seller to provide a location.
(c) If provided by mail, the buyer's notice of cancellation is effective when it is deposited in the mail properly addressed to the seller with postage prepaid.
(d) The notice of cancellation is not required to have a particular form. The notice is sufficient if it indicates in writing the intention of the buyer not to be bound by the contract.
(e) Within 15 days after the date the buyer gives a notice of cancellation under this section, the seller shall refund to the buyer any payments, including payments for shipping costs, made by the buyer and terminate all financial obligations of the buyer under the contract. Within five days after receiving the refund, the buyer shall make available to the seller, at a reasonable time and place, any products, equipment, or supplies delivered by the seller.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.140. Prohibited representations.

(a) A person may not state that the person is registered as a seller under this chapter unless the person has complied with the registration or renewal requirements, as applicable, of this chapter.
(b) Unless the seller is asked for the information by the buyer, a seller may not state or imply that the seller has a license, consent, or other form of permission from the state to sell business opportunities in this state.
(c) A seller may not make, or cause to be made, a representation that is inconsistent with AS 45.66.160.
(d) A seller may not state or imply that the seller's compliance with the laws of this state or a municipality constitutes approval or endorsement of the seller by the state or municipality.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.150. Untrue statements or omissions.

A person may not, in connection with a sale of or an offer to sell a business opportunity subject to registration under this chapter, directly or indirectly make an untrue statement of material fact in the registration information required in or under AS 45.66.020 - 45.66.050 or in other written or oral communications, including the disclosure required by AS 45.66.080 and in advertising related to the sale or offer, or omit to state a material fact necessary, in light of the circumstances under which it is made, to avoid a statement's being misleading.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.160. Unwarranted conclusions.

(a) Acknowledgment of registration by the department under AS 45.66.020(c) does not constitute a finding by the department that a document filed with the department under this chapter is true, complete, or not misleading.
(b) Acknowledgment of registration by the department under AS 45.66.020(c) does not mean that the department has evaluated the merits or qualifications of the seller or business opportunity, or that the department recommends or approves a seller or the business opportunity.
(c) Availability of an exemption under AS 45.66.220 for a seller does not mean that the department recommends or approves the seller or the business opportunity.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.180. Seller's records and files.

(a) A seller shall maintain a complete set of records relating to the advertising and promotion of the seller's business opportunity for five years and allow the department to inspect and copy them during reasonable business hours.
(b) A seller shall keep all documents relating to a contract entered into by the seller for five years after the date the contract is entered into.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.190. Public records.

Except for testimony and records related to an investigation by the department under this chapter, the registration application form, registration renewal form, disclosure statement, bond, contract, and other documents required to be prepared or filed with the department under this chapter, including a document created or obtained by the department under AS 45.66.200, are public records available for public inspection and copying under AS 40.25.110 - 40.25.220.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.210. Criminal penalties.

(a) A seller who recklessly violates AS 45.66.010 - 45.66.060, 45.66.080 - 45.66.110, or 45.66.150 is guilty of a class C felony.
(b) A seller who recklessly violates AS 45.66.130(e), 45.66.140, or 45.66.170 is guilty of a class A misdemeanor.
(c) Each violation is a separate offense, and a prosecution or conviction for one of the offenses does not bar prosecution or conviction of another offense.
(d) In this section, “recklessly” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.220. Exemptions.

This chapter does not apply to a sale of or an offer to sell
(1) a business opportunity if the total amount of the payments to be made by the buyer under the contract is less than $250;
(2) a franchise under 16 C.F.R. Part 436;
(3) an ongoing business operated by the seller that is to be sold in its entirety;
(4) a business opportunity to an ongoing business if the seller will provide products, equipment, supplies, or services that are to be sold by the buyer in connection with the buyer's ongoing business;
(5) sales demonstration equipment, materials, or samples for use in sales demonstrations and not for resale, or product inventory sold to the buyer at a bona fide wholesale price;
(6) a business opportunity by an executor, an administrator, a marshal, a receiver, a trustee in bankruptcy, or a guardian or conservator, or under a judicial sale;
(7) a security registered under AS 45.56 or a security that is exempted by AS 45.56.110 from registration under AS 45.56;
(8) a business opportunity if the sale or offer is made by a person registered with the United States Securities and Exchange Commission when acting within the scope of the person's Securities and Exchange Commission license or by a person registered by the state under AS 45.56 when acting within the scope of registration;
(9) a business opportunity by an issuer or a subsidiary of an issuer of a class of securities that is
(A) subject to 15 U.S.C. 78a - 78pp (Securities Exchange Act of 1934); and
(B) registered under 15 U.S.C. 78a - 78pp (Securities Exchange Act of 1934) unless exempt from registration under 15 U.S.C. 78l(g)(2)(A) - (C) or (E) - (H);
(10) a business opportunity in which the buyer is
(A) a bank, savings and loan association, trust company, insurance company, credit union, or investment company under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940), pension or profit sharing trust, or other financial institution or institutional buyer; or
(B) a broker-dealer registered under AS 45.56.300;
(11) a business opportunity that involves a marketing plan made in conjunction with the registration of a trademark or service mark under 15 U.S.C. 1051 - 1127 (Trademark Act of 1946) if the seller has a minimum net worth of $1,000,000 as determined on the basis of the seller's most recent audited financial statement prepared within 13 months of the first offer to sell in this state; net worth may be determined on a consolidated basis if one person owns at least 80 percent of the seller and that one person expressly guarantees the obligations of the seller that arise under the sale or offer claimed to be exempt under this paragraph; or
(12) a business opportunity in which either the seller or the buyer is licensed as a real estate broker, associate real estate broker, or real estate salesperson under AS 08.88 and the sale or offer is regulated by AS 08.88.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 66. Sale of Business Opportunities › Sec. 45.66.230. Coordination with other laws.

(a) The rights and remedies in this chapter are in addition to other legal rights and remedies available to a buyer or the department.
(b) To the extent of the conflict, the provisions of this chapter govern if a sale of or an offer to sell a business opportunity is regulated by this chapter and by AS 45.63 (solicitations by telephonic means), by AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code), or by another law, and it is not possible to comply with or to apply both this chapter and the other law.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.010. Registration.

(a) A charitable organization may not solicit contributions of money or other property unless the charitable organization is registered with the Department of Law.
(b) A person may not solicit contributions of money or other property for a charitable organization for compensation unless the person is registered with the department.
(c) To register under this section, a charitable organization or paid solicitor shall file with the department
(1) a registration statement on a form or in a format provided and established by the department by regulation; and
(2) in the case of a paid solicitor, a bond in the amount and under the conditions established by the department by regulation.
(d) Registration under this section expires on September 1 of each year. To renew a registration, a charitable organization or paid solicitor shall file with the department a registration renewal statement established by the department by regulation and, in the case of a paid solicitor, evidence that a bond that satisfies (c)(2) of this section will be in effect for the renewal period.
(e) A person who is required to register under this section shall report to the department a material change in the information provided in the registration statement or registration renewal statement filed under this section. The person shall report the change within seven days after the change occurs.
(f) The department may require the registration and registration renewal statement required under (c)(1) and (d) of this section to be submitted
(1) under oath or affirmation; or
(2) with notice that false statements made in the statement are punishable as unsworn falsification in the second degree under AS 11.56.210.
(g) A person may not knowingly provide false statements in documents required by this chapter, including a
(1) registration statement;
(2) registration renewal statement;
(3) report of material change in information required in the registration statement; or
(4) financial report by a paid solicitor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.015. Registration fees.

The registration statement and registration renewal statement filed under AS 45.68.010(c)(1) and (d) must be accompanied by a registration or registration renewal fee. The department shall establish the amount of the fee by regulation. The fees required by this section are nonrefundable and shall be deposited in the general fund.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.020. Contract required.

(a) A paid solicitor may not solicit contributions on behalf of a charitable organization unless the paid solicitor executes a written contract with the charitable organization that clearly states the respective obligations of the paid solicitor and the charitable organization, including
(1) a statement of the method to be used to calculate the compensation of the paid solicitor; the statement must include a reasonable estimate of the expenses, including the estimated compensation of the paid solicitor, to be incurred, directly or indirectly, by the charitable organization in connection with the solicitation;
(2) a statement of the charitable purpose to be described in the solicitation; and
(3) the percentage of the gross contributions that the charitable organization is to receive.
(b) A copy of the contract required by (a) of this section shall be filed with the department.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.030. Disclosures.

Except as provided by AS 45.68.040, before soliciting a contribution, a paid solicitor shall clearly and conspicuously disclose the following information to the person being solicited:
(1) the true name of the individual making the solicitation;
(2) the true name of the charitable organization for whom the solicitation is being made;
(3) the true name of the paid solicitor;
(4) the true name of the person who is employing and compensating the individual making the solicitation if the individual is employed for compensation to make the solicitation;
(5) whether the individual making the solicitation is being paid for making the solicitation or is an unpaid volunteer;
(6) the name and physical address of the principal headquarters of the charitable organization for whom the solicitation is being made;
(7) a description of how and where the charitable contributions raised by the paid solicitor are to be utilized for the charitable purpose; and
(8) that a financial statement of the charitable organization for whom the solicitation is being made and a copy of the contract required under AS 45.68.020 will be provided upon request.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.040. Confirmation of pledge.

A paid solicitor who makes a solicitation by mail, radio, or television, shall mail written confirmation of a contribution pledge to the contributor within five days after the pledge is received. The confirmation must include a clear and conspicuous disclosure of the information identified in AS 45.68.030.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.050. Unlawful practices.

During a solicitation for a charitable organization, a person may not
(1) use a deceptive act, including an act described in AS 45.50.471;
(2) without first being authorized in writing by the person, represent or imply that a contribution is for or on behalf of a person, or use an emblem, device, or printed matter belonging to or associated with the person;
(3) use a name, symbol, or statement so closely related or similar to a name, symbol, or statement used by another charitable organization that the use may confuse or mislead a person solicited for a contribution;
(4) use or exploit the fact of registration under this chapter to suggest or imply that the registration constitutes an endorsement or approval by the state; or
(5) represent directly or by implication that a charitable organization will receive from the contributions raised by a paid solicitor a greater percentage of a contribution than allowed under the contract executed under AS 45.68.020.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.055. Paid solicitor financial reports.

(a) Within 90 days after a solicitation campaign is completed and, if a solicitation campaign lasts more than one year, on the one-year anniversary of the commencement of the campaign, a paid solicitor shall file with the department a financial report in accordance with this section.
(b) The financial report must
(1) be submitted on a form or in a format provided and established by the department of regulation;
(2) include gross revenue and an itemization of all expenses incurred in the solicitation campaign during the reporting period; and
(3) be signed by two authorized officials of the charitable organization.
(c) The authorized contracting agent for the paid solicitor shall sign the report required by (b) of this section. Signature of the report under this subsection must be made under oath or affirmation, but submission of false information in a notice that is not signed under oath or affirmation is punishable as an unsworn falsification in the second degree under AS 11.56.210.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.070. Retention and inspection of fiscal records.

A charitable organization that is required to be registered under this chapter or that is exempted from this chapter by AS 45.68.120 and a paid solicitor that is required to be registered under this chapter or that is exempted from this chapter by AS 45.68.120 shall maintain the records required by this chapter for a period of five years in a form that permits the department to make a complete audit of solicitations by the charitable organization or paid solicitor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.080. Substituted service.

(a) A charitable organization or paid solicitor that is required to be registered under this chapter and that either has its principal place of business outside of the state or is organized under the laws of another state is considered to have irrevocably appointed the department as its agent for the service of a summons, subpoena, or other process directed to the charitable organization or paid solicitor, or to a director, officer, partner, or principal of the charitable organization or paid solicitor in an action or other proceeding brought under this chapter.
(b) Service under (a) of this section is complete if the department immediately sends notice of the service and a copy of the process to the charitable organization, paid solicitor, or other person to whom it is directed by registered mail, return receipt requested, to the last address known to the department of the charitable organization or paid solicitor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.090. Private enforcement.

(a) A charitable organization that suffers damages as a result of a violation of this chapter by another charitable organization or by a paid solicitor may bring a civil action against the violator.
(b) A person who makes a contribution to a charitable organization or to a paid solicitor that violates this chapter may bring a civil action against the violator.
(c) In an action under (a) or (b) of this section, a court may
(1) award damages for the violation;
(2) enjoin future violations;
(3) provide other relief that the court determines is necessary to restore to the person damaged real or personal property that was acquired by the violator by means of the violation;
(4) require the violator, under appropriate circumstances, to pay the full attorney fees and costs incurred by the charitable organization or other person bringing the action.
(d) A charitable organization or other person who brings an action under this section shall serve a copy of the complaint on the department when the action is filed, and, upon entry of an order or judgment in the action, shall mail a copy of the order or judgment to the department.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.120. Exemptions from registration requirement.

(a) Registration is not required under AS 45.68.010 for
(1) a church or religious organization that is exempt from filing a federal annual information return under 26 U.S.C. 6033(a)(3)(A)
(2) a candidate for national, state, or local office, and a political party or other committee or group if the candidate, party, committee, or group is required to file financial information with the Alaska Public Offices Commission under AS 15.13 or with the Federal Election Commission under 2 U.S.C. 431 - 456 (Federal Election Campaign Act);
(3) a charitable organization that does not intend to raise or receive contributions, excluding government grants, in excess of $5,000 during a fiscal year of the charitable organization, or that does not intend to receive contributions from more than 10 persons during a fiscal year of the charitable organization if, in either situation,
(A) all of the organization's functions, including solicitation, are performed by persons who are not paid for their services; and
(B) an officer or member of the organization is not paid or does not otherwise receive all or a part of the assets or income of the charitable organization;
(4) a person or municipality who has a permit under AS 05.15.100.
(b) A person who qualifies for an exemption under (a)(3) of this section shall maintain for five years the records necessary to prove that the organization qualifies for the exemption.
(c) Notwithstanding (a)(3) of this section, if a charitable organization actually raises or receives more than $5,000 in contributions during a fiscal year of the charitable organization or receives contributions from more than 10 persons during the same fiscal year, the charitable organization shall, within 30 days after the earlier event, register with the department under AS 45.68.010.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 68. Charitable Solicitations › Sec. 45.68.900. Definitions.

In this chapter,
(1) “charitable organization” means a nonprofit organization that
(A) is operated for the relief of poverty, distress, or other condition of public concern in the state; or
(B) the Internal Revenue Service determines to be a tax exempt organization under 26 U.S.C. 501(c)(3) (Internal Revenue Code);
(2) “contributions” means contributions of money or other property;
(3) “department” means the Department of Law;
(4) “paid solicitor” means a person who is required to be registered under AS 45.68.010(b), and includes a person who is employed, procured, or engaged, directly or indirectly, by a paid solicitor to solicit, if the person is compensated; “paid solicitor” does not include
(A) an attorney licensed to practice law in this or another state, an investment counselor, an insurance company, or a supervised financial institution, to the extent the attorney, investment counselor, insurance company, or supervised financial institution advises the person on whether to make a contribution; or
(B) a bona fide salaried officer, employee, or volunteer of a charitable organization;
(5) “solicit” means to request, directly or indirectly, and includes
(A) an oral or written request;
(B) a request made by an announcement to the news media or by radio, television, telephone, facsimile machine, or other transmission of images or information;
(C) a request made in a handbill or other written advertisement that is distributed or posted;
(D) the sale of, or attempt to sell, a membership, an advertisement, advertising space, or a tangible item by making a request for financial support for a charitable organization or purpose, by using or referring to the name of a charitable organization as a reason for making the request, or by making a statement that all or part of the sale proceeds will be used for a charitable purpose or benefit a charitable organization;
(6) “solicitation campaign” means soliciting contributions of money or other property from two or more persons for the same charitable organization;
(7) “supervised financial institution” means a commercial bank, savings bank, mutual savings bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or other financial institution if the financial institution is subject to regulation by this state or the United States.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 70. Sureties › Sec. 45.70.010. Release and substitution of sureties.

A surety on an undertaking, bond, or stipulation, executed or given in a judicial proceeding or filed in a court in the state or given on behalf of or by a public officer, employee, or agent in connection with the duties or performance of the duties of office shall be released and discharged from liability on the undertaking, bond, or stipulation and new surety or sureties substituted when the principal, surety, or obligee files in the court or presents to a person authorized by law to approve or accept on behalf of the obligee the undertaking, stipulation, or bond, a written application for discharge from the undertaking, stipulation, or bond, together with a new undertaking, stipulation, or bond, executed by a competent surety, qualified to act as a surety under the laws of the state, and conditioned as in the former undertaking, stipulation, or bond and providing that the surety accepts all liability theretofore or thereafter accruing under the former as well as the new undertaking, stipulation, or bond and stand in the place of and substitute for the surety on the former undertaking, stipulation, or bond.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 70. Sureties › Sec. 45.70.020. Discharge from liability.

Upon filing the new undertaking, stipulation, or bond, and the approval of it as to form, penalty, and surety, the former undertaking, stipulation, or bond, and the surety on it is immediately discharged from all liability in any manner or at any time arising or accruing.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 1. Standard Weights and Measures. › Sec. 45.75.010. Systems of weights and measures.

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weight and measure equivalents, as published by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, govern weighing and measuring equipment and transactions in the state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 1. Standard Weights and Measures. › Sec. 45.75.020. State standards of weight and measure.

The weights and measures obtained by the state in conformity with them and certified by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, are the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the Department of Transportation and Public Facilities. They may not be removed from the office or laboratory except for repairs or for certification. The state standards shall be used only in verifying the office standards and for scientific purposes.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.040. General powers and duties of director.

The director is the custodian of the state standards of weight and measure and of the other standards and equipment provided for by this chapter. The director shall keep accurate records of the standards and equipment. The director shall enforce this chapter. The director shall supervise the weights and measures offered for sale, sold, or in use in the state.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.050. Adoption of regulations.

(a) The director shall adopt regulations for the enforcement of this chapter under AS 44.62 (Administrative Procedure Act). These have the effect of law.
(b) The regulations may include
(1) standards of net weight, measure, or count, and reasonable standards of fill, for a commodity in package form;
(2) rules governing the technical and reporting procedures to be followed, and the report and record forms and marks of approval and rejection to be used by inspectors of weights and measures in the discharge of their official duties;
(3) exemptions from the sealing or marking requirements of AS 45.75.120 for weights and measures of a character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question;
(4) for classes of weights and measures of a character that retesting is unnecessary to continued accuracy, exemptions from the requirements of AS 45.75.070 and 45.75.080 for testing, and schedules fixing the frequency of required retests for classes of devices exempted; and
(5) in the implementation of AS 19.10.060(b), provisions governing the size, weight, and load limitations established under AS 19.10.060; the issuance of permits for overweight and oversize vehicles; and the operation of weigh stations.
(c) The regulations must include specifications, tolerance, and regulations for weights and measures of the character of those specified in AS 45.75.080, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those that
(1) are not accurate;
(2) are of such construction that they are not reasonably permanent in their adjustment or will not repeat their indications correctly; or
(3) facilitate the perpetration of fraud.
(d) The specifications, tolerances, and regulations for commercial weighing and measuring devices, together with amendments to them, as recommended by the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, and published in the National Bureau of Standards or its successor organization, the National Institute of Standards and Technology, Handbook 44 and supplements to it, or in any publication revising or superseding Handbook 44, are the specifications, tolerances, and regulations for commercial weighing and measuring devices of the state, except as specifically modified, amended, or rejected by a regulation adopted by the director.
(e) For the purposes of this chapter, apparatus is correct when it conforms to the requirements adopted in accordance with this section; other apparatus is considered incorrect.
(f) The director shall adopt regulations establishing reasonable fees for testing, inspection, and other services provided under this chapter, and procedures for collecting the fees.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.060. Office and working standards and equipment.

The state shall supply the Department of Transportation and Public Facilities with a duplicate set of state standards of weight and measure, referred to in this chapter as office standards. The state shall supply field standards and the equipment that is necessary to carry out this chapter. The office standards and field standards shall be verified upon their initial receipt and at least once each year afterward. The office standards shall be verified by direct comparison with the state standards. The field standards shall be verified by comparison with the office standards.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.070. Testing and inspection of local standards and weights and measures at state-supported institutions.

(a) At least once every five years, the director shall test the standards of weight and measure obtained by a city that has appointed a sealer of weights and measures, and shall approve them if they are correct. The director shall inspect the standards at least once every two years.
(b) The director shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution maintained by money appropriated by the legislature, and shall report the findings, in writing, to the supervisory board and to the executive officer of the institution concerned.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.080. General testing.

(a) The director may inspect and test, to ascertain if they are correct, all weights and measures kept, offered, or exposed for sale. The director shall, at least annually and more often as considered necessary, inspect and test, to ascertain if they are correct, all weights and measures commercially used in
(1) determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight or of measure;
(2) computing the basic charge or payment for services rendered on the basis of weight or of measure or count; or
(3) determining weight or measurement when a charge is made for this determination.
(b) However, in the case of single-service devices, that is, devices designed to be used commercially only once and to be then discarded, and in the case of devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing of each individual device is not required and the inspecting and testing requirements of this section are satisfied when inspections and tests are made on representative samples of the devices. The lots from which representative samples are inspected and tested are held correct or incorrect upon the basis of the results of the inspections and tests on the samples.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.090. Investigations.

The director shall investigate complaints of violations of this chapter, and shall initiate and conduct the investigations that the director considers appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.100. Inspection of packages.

(a) The director shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with law. When packages or amounts of commodities do not contain the amounts represented, or are kept, offered, or exposed for sale in violation of law, the director may order them off sale and may mark or tag them to show they are illegal. The director may use recognized sampling procedures. Compliance of a given lot of packages shall be determined on the basis of the result obtained on a sample selected from and representative of the lot.
(b) A person may not
(1) sell, or keep, offer, or expose for sale in intrastate commerce a package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section until the package or amount of commodity has been brought into full compliance with all legal requirements; or
(2) dispose of a package or amount of commodity that is ordered off sale or marked or tagged as provided in this section and that does not meet legal requirements, except with the specific approval of the director.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.110. Stop-use, stop-removal, and removal orders.

(a) The director may issue stop-use orders, stop-removal orders, and removal orders for weights and measures used or capable of being used commercially. The director may issue stop-removal orders and removal orders for packages or amounts of commodities kept, offered, or exposed for sale whenever the director considers it necessary or expedient in enforcing this chapter.
(b) A person may not use, remove from the premises specified, or fail to remove from the premises specified a weight, measure, or package or amount of commodity contrary to a stop-use order, stop-removal order, or removal order issued under this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.120. Disposition of correct and incorrect apparatus.

(a) The director shall approve for use and seal or mark with appropriate devices the weights and measures that the director finds upon inspection and test to be correct as provided in AS 45.75.050, and shall reject and mark or tag as “rejected” the weights and measures that the director finds, upon inspection or test, to be incorrect as provided in AS 45.75.050 but which in the director's best judgment are susceptible of satisfactory repair. This sealing or marking is not required for weights and measures exempted by regulation of the director.
(b) The director shall condemn, and may seize and destroy weights and measures found to be incorrect that, in the director's best judgment, are not susceptible of satisfactory repair. Weights and measures that are rejected may be confiscated and destroyed by the director if not corrected as required by AS 45.75.180 or if used or disposed of contrary to the requirements of AS 45.75.180.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 75. Weights and Measures Act › Article 2. State and Local Administration of Weight and Measure Regulation. › Sec. 45.75.130. Police powers and right of entry and stoppage.

In the enforcement of this chapter and any other law dealing with weights and measures the director has special police powers. The director may arrest, without formal warrant, any person violating the law, and seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity, used, retained, offered or exposed for sale, or sold in violation of law. In performing the director's duties, the director may enter, without formal warrant, any structure or premises, and stop any person and require the person to proceed to a specified place.