reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 6. Motor Vehicle Warranties. › Sec. 45.45.360. Definitions.

In AS 45.45.300 - 45.45.360,
(1) “dealer” means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new motor vehicles in the state;
(2) “distributor” means a person who is authorized by a manufacturer to engage in the wholesale distribution of the manufacturer's new motor vehicles in the state;
(3) “express warranty” or “warranty” means an express written warranty provided by the manufacturer of a new motor vehicle;
(4) “full purchase price” means the total price paid for a motor vehicle by the original owner, including costs added to the retail price, such as original registration fees, transportation fees, dealer preparation, and dealer installed options;
(5) “manufacturer” means a person who by labor transforms raw materials and component parts into motor vehicles for wholesale or retail sale;
(6) “motor vehicle” or “vehicle” means a land vehicle having four or more wheels, that is self-propelled by a motor, is normally used for personal, family, or household purposes, and is required to be registered under AS 28.10, but does not include a tractor, farm vehicle, or a vehicle designed primarily for off-road use;
(7) “nonconformity” means a defect or condition in a motor vehicle caused by a manufacturer, distributor, dealer, or repairing agent that substantially impairs the use or market value of a vehicle;
(8) “owner” means a purchaser, other than for resale, of a new motor vehicle, and a person to whom ownership of the motor vehicle is transferred in conformity with AS 28;
(9) “reasonable allowance” means an amount attributable to an owner's use of a motor vehicle; a “reasonable allowance” may not exceed an amount equal to the depreciation in value of the vehicle for the period during which the vehicle is available for use by the owner, calculated by a straight line depreciation method over seven years, plus an amount equal to the depreciation in value of the vehicle that is caused by
(A) any neglect or abuse by the owner; or
(B) body damage not caused by a nonconformity;
(10) “repairing agent” means a person who has been specifically authorized by a motor vehicle manufacturer or distributor to perform warranty repairs in the state on one or more of the manufacturer's or distributor's motor vehicles;
(11) “substantially impairs the market value” means a nonconformity that substantially decreases the dollar value of a vehicle to the owner when compared to the dollar value of a similar vehicle that does not have the nonconformity;
(12) “substantially impairs the use” means a nonconformity that prevents a motor vehicle from being operated or makes the vehicle unsafe to operate.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 7. Used Vehicle Sales in Emission Inspection Areas. › Sec. 45.45.400. Prohibited transfer of used motor vehicles.

(a) A person engaged in the business of selling used motor vehicles may not transfer or assign the owner's title or interest in the used vehicle to a person who resides in an area subject to a state-approved emission inspection program established under AS 46.14.400 or 46.14.510 and who intends to use the vehicle in that area, unless the vehicle displays a valid emissions inspection decal, has a valid record of emissions inspection with the Department of Administration, or has a certificate of inspection, even though the certificate shows that the vehicle is not in compliance with program requirements as required under the air pollution control requirements applicable in that area.
(b) This section does not apply to a motor vehicle that when manufactured did not have a pollution control system.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 8. Rental Car Fees. › Sec. 45.45.450. Identification of cost recovery fees.

If a rental car business charges a cost recovery fee, the rental car business shall separately identify and charge for each cost recovery fee in writing in the rental car agreement. In this section, “cost recovery fee” means a vehicle licensing cost recovery fee, an airport-related cost, a government tax, or a government surcharge.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 8. Rental Car Fees. › Sec. 45.45.455. Vehicle licensing cost recovery fee.

(a) A rental car business may not charge a renter a vehicle licensing cost recovery fee unless the vehicle licensing cost recovery fee represents a good faith estimate by the rental car business of the average daily cost to the rental car business of recovering its actual total annual licensing costs in the state during a calendar year.
(b) If the total amount of the vehicle licensing cost recovery fees collected by a rental car business during a calendar year exceeds the actual amount of the rental car business's licensing costs during that calendar year, the rental car business shall
(1) retain the excess amount; and
(2) adjust the good faith estimate required by (a) of this section for the next calendar year so that the good faith estimate reflects the excess amount.
(c) In addition to the adjustment required by (b) of this section, a rental car business may adjust its vehicle licensing cost recovery fee during the calendar year when the excess vehicle licensing cost recovery fees are collected if the vehicle licensing cost recovery fee otherwise complies with this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 8. Rental Car Fees. › Sec. 45.45.459. Definitions.

In AS 45.45.450 - 45.45.459,
(1) “car” means a motor vehicle;
(2) “licensing cost” means the cost of titling, registering, obtaining license plates for, or inspection of the rental cars of a rental car business in the state;
(3) “motor vehicle” has the meaning given in AS 28.90.990;
(4) “rental car business” means a person who engages in the business of renting cars in the state;
(5) “vehicle licensing cost recovery fee” means a fee to recover licensing costs.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.500. Notice required before contract.

A copyright owner or a performing rights society may not enter into, or offer to enter into, a contract for the payment of royalties by a business proprietor unless at the time of the offer, or within 72 hours before entering into the contract, the copyright owner or performing rights society provides to the business proprietor a notice containing
(1) the rates and terms of the royalties under the contract, including any sliding scale, discounts, or reductions in rates on any basis, for which the business proprietor may be eligible, and any scheduled increases or decreases in rates during the term of the contract;
(2) in the case of a performing rights society, a toll free number from which the business proprietor may obtain answers to inquiries concerning musical works and copyright owners represented by the performing rights society; and
(3) in the case of a performing rights society, notice that the most recent available list of the members or affiliates represented by the performing rights society and the most recent available list of the copyrighted musical works in the performing rights society's repertoire will be available on electronic media through the Cabaret Hotel and Restaurant Retail Association at the expense of the performing rights society.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.510. Minimum contents of royalties contracts.

(a) A royalties contract entered into, issued, or renewed in this state must be in writing and signed by the parties. The contract must include at least the
(1) business proprietor's name and business address, and the name and location of each place of business of the business proprietor to which the contract applies;
(2) duration of the contract; and
(3) terms for the collection of the royalties and a rate schedule for the royalties, including any sliding scale, discount, or schedule for an increase or decrease of the rates during the term of the contract.
(b) A contract for the payment of royalties entered into, issued, or renewed in this state may not exceed one year at a time, unless the contract is under the terms of a national agreement. When each year of the contract ends, the contract is automatically renewed on the same terms and conditions unless either party to the contract provides the other party with written notice of the party's desire to terminate the contract or to change the terms and conditions. The notice must be given at least 30 days before the termination of the current term.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.520. Collection of royalties.

A copyright owner, a performing rights society, or an agent or employee of a copyright owner or performing rights society may not collect or attempt to collect a payment or another fee under a royalties contract between the copyright owner or performing rights society and a business proprietor unless the contract complies with AS 45.45.500 - 45.45.590.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.530. Prohibited practices.

(a) A performing rights society, or an agent or employee of a performing rights society, may not collect or attempt to collect a royalty payment or another fee from a business proprietor licensed by the performing rights society, unless the collection or collection attempt is made under a contract entered into in accordance with AS 45.45.500 - 45.45.590.
(b) An agent or employee of a performing rights society may not enter a business proprietor's premises to discuss a contract for the performance of copyrighted works or payment of royalties unless the agent or employee immediately discloses the purpose of the discussion and that the agent or employee is an agent or employee of a performing rights society.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.550. Private action.

A person who suffers a loss as a result of another person knowingly engaging in conduct that violates AS 45.45.500 - 45.45.590 may bring a civil action to recover actual damages and reasonable attorney fees, to enjoin the violation, and to seek any other remedy available at law or equity for the violation. In this section, “knowingly” has the meaning given in AS 11.81.900.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.560. Exemptions.

The provisions of AS 45.45.500 - 45.45.590 do not apply to
(1) a royalties contract between copyright owners, or performing rights societies, and
(A) broadcasters licensed by the Federal Communications Commission; or
(B) a cable television operator, a cable television programmer, or another transmission service;
(2) an investigation by a law enforcement agency or other persons concerning a suspected violation of AS 45.50.900(a)(2);
(3) contracts between copyright owners, or performing rights societies, and software publishers.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.570. Construction.

AS 45.45.500 - 45.45.590 may not be construed to prevent a performing rights society from informing a business proprietor of the business proprietor's obligations under 17 U.S.C. (federal copyright law) or from exercising any exclusive rights preempted under 17 U.S.C. 301(a).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 9. Copyright Royalties and Licensing. › Sec. 45.45.590. Definitions.

In AS 45.45.500 - 45.45.590,
(1) [See delayed amendment note.] “business proprietor” means a person who owns a place of business in which the public may assemble and in which copyrighted musical works may be performed, broadcasted, or otherwise transmitted; in this paragraph, “place of business” includes a store, professional office, sports facility, entertainment facility, restaurant, hotel, or an alcoholic beverage establishment licensed under AS 04.11;
(2) “copyright owner” means the owner of a copyright of a musical work if the copyright is recognized and enforceable under 17 U.S.C.; “copyright owner” does not include the owner of a copyright in all or part of a motion picture or an audiovisual work;
(3) “musical work” means a nondramatic musical or similar work;
(4) “performing rights society” means an association or corporation that licenses the public performance of musical works on behalf of copyright owners, and includes Broadcast Music, Inc., SESAC, Inc., and The American Society of Composers, Authors, and Publishers;
(5) “royalties” means the fees payable to a copyright owner or a performing rights society for the public performance of a musical work;
(6) “royalties contract” means a contract for the payment of royalties.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.600. Express warranty required.

A manufacturer who sells an assistive technology device or a mobility aid to a consumer, either directly or through a dealer, shall furnish the consumer with an express warranty stating that the assistive technology device or mobility aid is free from any nonconformity. The duration of the express warranty shall be not less than one year after first delivery of the assistive technology device or mobility aid to a consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive technology device or mobility aid shall be covered by the express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.610. Repairs of nonconformities.

If a new assistive technology device or mobility aid does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the lessor, or any of the manufacturer's authorized dealers and makes the assistive technology device or mobility aid available for repair before one year after first delivery of the assistive technology device or mobility aid to a consumer, the nonconformity shall be repaired and the manufacturer shall pay collateral costs incurred by the consumer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.620. Returns of nonrepairable goods; refunds.

If, after a reasonable attempt to repair, the nonconformity reported under AS 45.45.610 is not repaired, the manufacturer shall
(1) at the direction of a consumer who has not leased the assistive technology device or the mobility aid from a dealer, do one of the following:
(A) accept return of the assistive technology device or mobility aid and replace the assistive technology device or mobility aid with a comparable new assistive technology device or mobility aid and, within 30 days, refund any collateral costs;
(B) accept return of the assistive technology device or mobility aid and, within 30 days, refund to the consumer and to a holder of a perfected security interest in the consumer's assistive technology device or mobility aid, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use; a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive technology device or mobility aid by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the assistive technology device or mobility aid was used before the consumer first reported the nonconformity to the dealer;
(2) with respect to a consumer who has leased the assistive technology device or mobility aid from a dealer, accept return of the assistive technology device or mobility aid, refund to the lessor and to a holder of a perfected security interest in the assistive technology device or mobility aid, as their interest may appear, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use; in this paragraph,
(A) the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the dealer's early termination costs and the value of the assistive technology device or mobility aid at the lease expiration date if the lease sets out that value, less the lessor's early termination savings;
(B) a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer used the assistive technology device or mobility aid before first reporting the nonconformity to the manufacturer, lessor, or dealer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.630. Procedures for returns and refunds.

(a) To receive a comparable new assistive technology device or mobility aid or a refund under AS 45.45.620(1), a consumer shall offer to transfer possession of the assistive technology device or mobility aid having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive technology device or mobility aid or with a refund. When the manufacturer provides the new assistive technology device or mobility aid or refund, the consumer shall return the assistive technology device or mobility aid having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.
(b) To receive a refund under AS 45.45.620(2), a consumer shall offer to return the assistive technology device or mobility aid having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the assistive technology device or mobility aid having the nonconformity.
(c) To receive a refund under AS 45.45.620(2), a lessor shall offer to transfer possession of the assistive technology device or mobility aid having the nonconformity to its manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the lessor. When the manufacturer provides the refund, the lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.640. Lease unenforceable after refund.

A person may not enforce the lease for an assistive technology device or a mobility aid against the consumer after the consumer receives a refund under AS 45.45.600 - 45.45.690.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.650. Limits on sale or lease of returned equipment.

An assistive technology device or mobility aid returned by a consumer or a lessor in this state under AS 45.45.600 - 45.45.690, or by a consumer or lessor in another state under a similar law of that state, may not be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 10. Warranties For Assistive Technology Devices and Mobility Aids. › Sec. 45.45.680. Action for damages authorized.

In addition to pursuing another remedy, a consumer may bring an action to recover for damages caused by a violation of AS 45.45.600 - 45.45.690. The court shall award a consumer who prevails in an action under this section twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.700. Coercion of dealer.

(a) A distributor may not coerce or attempt to coerce a dealer to perform certain acts by using duress or by threatening to terminate the distributorship agreement or another agreement between the distributor and the dealer.
(b) In this section, “certain acts” means
(1) the purchase or acceptance of delivery of merchandise that has not been ordered by the dealer;
(2) the assignment, sale, or disposal of a contract or property; or
(3) making an expenditure that the dealer has not contracted to make.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.710. Disposition of merchandise remaining upon contract termination.

(a) If a dealer maintains a stock of merchandise supplied for the dealer's resale under a distributorship agreement and if the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer chooses to keep the merchandise, pay the dealer for the merchandise that was purchased from the distributor and that is held by the dealer on the date of the termination an amount equal to
(1) the fair market value for merchandise that is unused and for which the retailer has paid the distributor, plus 100 percent of the transportation charges paid by the dealer to return the merchandise to the distributor; in this paragraph,
(A) “fair market value” means the amount the distributor would realize from the sale of the merchandise to another retailer using reasonable good faith efforts;
(B) “unused” means unopened merchandise that is still in the original factory packaging or container;
(2) 85 percent of the current net price, as listed in the current price list or catalog of the distributor, for repair parts, including superseded parts; and
(3) five percent of the current net price of repair parts to cover the handling, packing, and transportation of the repair parts back to the distributor.
(b) Upon payment of the amounts required by (a) of this section, the title to the merchandise passes to the distributor making the payment, and the distributor is entitled to the possession of the merchandise for which the payment was made.
(c) In (a) of this section, if a repair part is not listed in a current price list or catalog of the distributor, the current net price is the higher of the fair market value or the latest price published by the distributor for the repair part if a dealer has actual proof of the purchase of the repair part from the distributor and if the repair part was purchased within 10 years before the termination.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.720. Time for payment.

A distributor shall make the payments to the dealer under AS 45.45.710 not later than three months after the date the agreement is terminated. When the payment is made, the distributor shall provide the dealer with a final detailed statement of account for the merchandise.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.730. Death or disability of dealer or holder of majority interest in dealer.

Unless the distributorship agreement is continued by the personal representative, an heir, a devisee, or another successor in interest of the individual, upon the death or disability of an individual who is a dealer or holds a majority interest in a dealer, a distributor who supplied merchandise to the dealer shall repurchase from the personal representative, heir, devisee, or other successor in interest the merchandise that was purchased from the distributor and that remains when the distributorship agreement is terminated under this section. To repurchase under this section, the distributor shall pay an amount equal to the amount identified under AS 45.45.710(a) and (c), and the repurchase is subject to AS 45.45.720. In this section, “devisee,” “heir,” and “personal representative” have the meanings given in AS 13.06.050.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.740. Required purchase, reimbursement, and supplies.

(a) In addition to any purchase of merchandise required by AS 45.45.710, if a distributor terminates a distributorship agreement or makes substantial changes in the competitive situation of the distributor's dealer with regard to distribution of the merchandise or services that are the subject of the distribution agreement, the distributor shall
(1) purchase that portion of the dealer's business directly affected by the distributorship agreement or the change, including assets and machinery, at commercially reasonable business valuations; and
(2) reimburse the dealer for the expenses that were necessarily incurred by the dealer
(A) for that portion of the dealer's business covered by the distributorship agreement; and
(B) during the 12 months before the termination or change.
(b) In this section, “change” does not include making a price change that affects similarly situated dealers equally.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.750. Prohibited terms.

(a) A distributor may not require a dealer to agree to any of the following terms in a distributorship agreement, or in another agreement that is ancillary to a distributorship agreement, as a condition of an offer, grant, or renewal of a distributorship agreement or ancillary agreement:
(1) a requirement that the dealer waive a trial by jury in court cases involving the distributor;
(2) a requirement that disputes between the distributor and the dealer be submitted to arbitration or to any other binding alternate dispute resolution procedure, except authorization for the submission of a dispute to arbitration or to binding alternative dispute resolution if the distributor and dealer voluntarily agree to submit the dispute to arbitration or binding alternative dispute resolution when the dispute arises;
(3) a requirement that the dealer pay the attorney fees of the distributor;
(4) a requirement that prohibits a firearms dealer from selling firearms or related accessories, the sale of which is otherwise legal, but which the firearms distributor does not manufacture or distribute; or
(5) a requirement that the agreement be subject to the laws of a state other than Alaska.
(b) The provisions of (a) of this section do not apply to an agreement where a lease or sale of real property is the main purpose of the agreement.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.760. Civil action.

(a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 - 45.45.790.
(b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to the specific action of the dealer:
(1) damages suffered by the dealer as a result of the activity;
(2) an injunction enjoining the distributor from engaging in the activity;
(3) a requirement that the distributor make a payment or a purchase required by AS 45.45.700 - 45.45.790;
(4) any other relief determined by the court to be appropriate under the circumstances.
(c) In this section, “activity prohibited under AS 45.45.700 - 45.45.790” means
(1) coercion or attempted coercion under AS 45.45.700;
(2) terminating a distributorship agreement without paying the dealer as required by AS 45.45.710;
(3) failing to pay the dealer within the time established by AS 45.45.720;
(4) failing to provide the statement of account as required by AS 45.45.720;
(5) failing to make a repurchase payment required by AS 45.45.730;
(6) failing to make a purchase as required by AS 45.45.740(a)(1);
(7) failing to make the reimbursement required by AS 45.45.740(a)(2); or
(8) violating AS 45.45.750.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.770. Exemptions.

(a) AS 45.45.700 - 45.45.790 do not apply to
(1) a distributorship agreement that would be considered a franchise regulated by 15 U.S.C. 2801 - 2841 (Petroleum Marketing Practices Act);
(2) a situation regulated by AS 45.50.800 - 45.50.850;
(3) a distributorship agreement, including a franchise agreement, for the sale, repair, or servicing of motor vehicles that are required to be registered under AS 28.10;
(4) an activity or agreement by a person licensed under AS 04 if the activity or agreement is within the scope of the license or is incidental to the activity or agreement that is within the scope of the license;
(5) a distributorship agreement or another contract between a person licensed under AS 04 and a distributor, manufacturer, importer, supplier, or wholesaler of alcoholic beverages who is not located in this state if the subject of the agreement or contract is the distribution of alcoholic beverages to the licensed person by the distributor, manufacturer, importer, supplier, or wholesaler;
(6) a distributor, manufacturer, importer, supplier, or wholesaler of alcoholic beverages;
(7) a distributorship agreement for the sale or distribution of, or other transaction involving, cigarettes, food, drink, or a component of food or drink; in this paragraph, “cigarette” has the meaning given in AS 43.50.170;
(8) a manufacturer with 50 or fewer employees; or
(9) a marine product or motorized recreational product agreement under AS 45.27.
(b) In (a) of this section, “alcoholic beverage” has the meaning given in AS 04.21.080.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 11. Distributorships. › Sec. 45.45.790. Definitions.

In AS 45.45.700 - 45.45.790,
(1) “dealer” means a person who enters into a distributorship agreement and who, under the agreement, receives merchandise or services from a distributor;
(2) “distributor” means a person who enters into a distributorship agreement and who, under the agreement, provides merchandise or services to a dealer; the term includes
(A) a wholesaler;
(B) a manufacturer;
(C) a person that is a parent corporation or an affiliated corporation of a person identified in (A) or (B) of this paragraph; and
(D) a field representative, an officer, an agent, or another direct or indirect representative of a person identified in (A), (B), or (C) of this paragraph;
(3) “distributorship agreement” means an agreement, whether express, implied, oral, or written, between two or more persons
(A) by which a person receives the right to
(i) sell or lease merchandise or services at retail or wholesale; or
(ii) use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and
(B) in which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the merchandise or services;
(4) “merchandise” includes parts and accessories;
(5) “terminate” includes failing to renew.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 12. Deceptive Acts or Practices Relating to Spyware. › Sec. 45.45.792. Prohibited conduct relating to spyware.

(a) It is unlawful for a person who is not the owner or authorized user of a computer to engage in deceptive acts or practices described in this subsection using spyware. Deceptive acts or practices under this subsection are
(1) causing a pop-up advertisement to be shown on the computer screen of a user by means of a spyware program, knowing that the pop-up advertisement is
(A) displayed in response to a user accessing a specific
(i) mark; or
(ii) Internet website address; and
(B) purchased or acquired by a person other than
(i) the mark owner;
(ii) a licensee of the mark;
(iii) an authorized agent of the owner of the mark;
(iv) an authorized user of the mark; or
(v) a person advertising the lawful sale, lease, or transfer of products bearing the mark through a secondary marketplace for the sale of goods or services; and
(2) purchasing advertising that violates (1) of this subsection if the purchaser of the advertising
(A) receives notice of the violation from the mark owner; and
(B) fails to stop the violation.
(b) It is not a violation of this section for a person to display a pop-up advertisement under (a)(1) of this section if the spyware program includes a function that
(1) requests information about the user's state of residence before displaying a pop-up advertisement to the user, and the user indicates a residence outside this state;
(2) implements a reasonably reliable automated system to determine the user's likely geographic location, according to current best practices in the field, and the system determines that it is unlikely that the user is located in this state; and
(3) does not prompt, ask, or otherwise encourage a user to indicate a residence outside this state.
(c) It is not a violation of (a)(2) of this section if a person purchases advertising that complies with the requirements of (b) of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 12. Deceptive Acts or Practices Relating to Spyware. › Sec. 45.45.794. Removal of potentially harmful software.

Notwithstanding AS 45.45.792, a provider of computer software or an interactive computer service may, after notice to a customer, remove from or disable a program on the customer's computer that is used to
(1) violate AS 45.45.792; or
(2) collect information from the computer of the customer without the customer's knowledge.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 13. Miscellaneous Provisions. › Sec. 45.45.900. Indemnification agreements against public policy.

A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other loss, damage or expense arising under (1), (2), or (3) of this section from the sole negligence or wilful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, is against public policy and is void and unenforceable; however, this provision does not affect the validity of an insurance contract, workers' compensation, or agreement issued by an insurer subject to the provisions of AS 21, or a provision, clause, covenant, or agreement of indemnification respecting the handling, containment, or cleanup of oil or hazardous substances as defined in AS 46.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 13. Miscellaneous Provisions. › Sec. 45.45.905. Transportation services contracts; indemnification agreements prohibited.

(a) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that
(1) the motor carrier will indemnify, defend, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a shipping person harmless, from claims or liability for the negligence, intentional acts, or intentional omissions of the shipping person; or
(2) the shipping person will indemnify, defend, or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts, or intentional omissions of the motor carrier.
(b) An agreement that violates (a) of this section is against public policy and is void and unenforceable.
(c) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or to another agreement that provides for the interchange, use, or possession of intermodal chassis, intermodal containers, or other intermodal equipment.
(d) In this section,
(1) “motor carrier” means a person who is engaged in the transportation of property for compensation by motor vehicle, and includes an agent, employee, servant, or independent contractor of the motor carrier if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied;
(2) “motor vehicle” has the meaning given in AS 28.90.990, except that the motor vehicle must have a gross weight rating or gross combination weight rating that is greater than 10,000 pounds;
(3) “shipping person” means a person who enters into a transportation services contract to use the services of a motor carrier, and includes an agent, employee, servant, or independent contractor of the shipping person if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied;
(4) “transportation services” means
(A) the transportation of property;
(B) entry on property to load, unload, or transport property; or
(C) providing a service, including the packing or storage of property, incidental to (A) or (B) of this paragraph.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 13. Miscellaneous Provisions. › Sec. 45.45.920. Free trial period.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not offer, promote, advertise, or provide a consumer with goods or services for a free trial period unless the seller complies with all the conditions of this section.
(b) When offering, promoting, or advertising consumer goods or services for a free trial period, a seller shall clearly and conspicuously disclose all material terms and conditions of the free trial period, including
(1) all material restrictions, limitations, terms, and conditions of the free trial period, including any obligation by the consumer to purchase a minimum quantity of goods or services after the free trial period ends;
(2) a description of all charges that will be imposed after the free trial period ends, including whether billing will include charges for shipping and handling and, if the offer, promotion, or advertising is made by telephone, the amount of the shipping and handling charges;
(3) a description of the consumer's right to cancel; and
(4) any other obligations the consumer assumes by accepting or using the goods or services during the free trial period.
(c) Before providing goods or services to a consumer for a free trial period, a seller shall obtain express verifiable consent from the consumer to the free trial period.
(d) A consumer who receives goods or services for a free trial period may
(1) at any time during the free trial period, return the goods or cancel the services without further obligation to the seller;
(2) within 30 days after the free trial period ends, return the goods or cancel the services for a full refund of the charges, if any, or a partial refund for the unused portion of the goods or services.
(e) This section does not apply to a seller who provides goods or services to a consumer for free if the consumer does not assume any obligation by accepting the free goods or services.
(f) This section does not apply to
(1) a telephonic seller who is registered under AS 45.63 and who complies with AS 45.63; or
(2) a prenotification negative option plan that is regulated by 16 C.F.R. Part 425 and that complies with 16 C.F.R. Part 425.
(g) In this section, “seller” means a person who engages in the business of selling, contracting for the sale of, arranging for the sale of, or arranging for a free trial period for goods or services.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 45. Trade Practices › Article 13. Miscellaneous Provisions. › Sec. 45.45.930. Opt-out marketing plans.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section.
(b) Before using an opt-out marketing plan, a seller shall obtain express verifiable consent from the buyer that confirms that the buyer agrees to the use of the plan. The seller shall provide the following information before obtaining the consent:
(1) a description of the material terms and conditions of the plan, including a description of the goods or services that will be offered;
(2) that the buyer's account will be charged unless the buyer takes an affirmative action to avoid the charge;
(3) the date the charge will be submitted for payment; and
(4) the specific steps the buyer must take to avoid the charge.
(c) A seller who charges a buyer for goods or services under an opt-out marketing plan has the burden of proving that the buyer provided the express verifiable consent required by (b) of this section and was given the disclosures required by (b) of this section.
(d) This section does not apply to a telephonic seller who is registered under AS 45.63 and who complies with AS 45.63.
(e) In this section,
(1) “opt-out marketing plan”
(A) means an arrangement under which a seller provides, without the buyer's express verifiable consent, a notice to a buyer that identifies goods or services that the seller intends to provide to the buyer and to charge the buyer for, unless, by a specific date or within a specific time frame, the buyer notifies the seller not to provide the goods or services;
(B) does not include a prenotification negative option plan that is regulated by and complies with 16 C.F.R. Part 425;
(2) “seller” includes a person who engages in the business of selling, contracting for the sale of, or arranging for the sale of goods or services.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 48. Personal Information Protection Act › Article 1. Breach of Security Involving Personal Information. › Sec. 45.48.010. Disclosure of breach of security.

(a) If a covered person owns or licenses personal information in any form that includes personal information on a state resident, and a breach of the security of the information system that contains personal information occurs, the covered person shall, after discovering or being notified of the breach, disclose the breach to each state resident whose personal information was subject to the breach.
(b) An information collector shall make the disclosure required by (a) of this section in the most expeditious time possible and without unreasonable delay, except as provided in AS 45.48.020 and as necessary to determine the scope of the breach and restore the reasonable integrity of the information system.
(c) Notwithstanding (a) of this section, disclosure is not required if, after an appropriate investigation and after written notification to the attorney general of this state, the covered person determines that there is not a reasonable likelihood that harm to the consumers whose personal information has been acquired has resulted or will result from the breach. The determination shall be documented in writing, and the documentation shall be maintained for five years. The notification required by this subsection may not be considered a public record open to inspection by the public.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 48. Personal Information Protection Act › Article 1. Breach of Security Involving Personal Information. › Sec. 45.48.020. Allowable delay in notification.

An information collector may delay disclosing the breach under AS 45.48.010 if an appropriate law enforcement agency determines that disclosing the breach will interfere with a criminal investigation. However, the information collector shall disclose the breach to the state resident in the most expeditious time possible and without unreasonable delay after the law enforcement agency informs the information collector in writing that disclosure of the breach will no longer interfere with the investigation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 48. Personal Information Protection Act › Article 1. Breach of Security Involving Personal Information. › Sec. 45.48.030. Methods of notice.

An information collector shall make the disclosure required by AS 45.48.010
(1) by a written document sent to the most recent address the information collector has for the state resident;
(2) by electronic means if the information collector's primary method of communication with the state resident is by electronic means or if making the disclosure by the electronic means is consistent with the provisions regarding electronic records and signatures required for notices legally required to be in writing under 15 U.S.C. 7001 et seq. (Electronic Signatures in Global and National Commerce Act); or
(3) if the information collector demonstrates that the cost of providing notice would exceed $150,000, that the affected class of state residents to be notified exceeds 300,000, or that the information collector does not have sufficient contact information to provide notice, by
(A) electronic mail if the information collector has an electronic mail address for the state resident;
(B) conspicuously posting the disclosure on the Internet website of the information collector if the information collector maintains an Internet website; and
(C) providing a notice to major statewide media.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 48. Personal Information Protection Act › Article 1. Breach of Security Involving Personal Information. › Sec. 45.48.040. Notification of certain other agencies.

(a) If an information collector is required by AS 45.48.010 to notify more than 1,000 state residents of a breach, the information collector shall also notify without unreasonable delay all consumer credit reporting agencies that compile and maintain files on consumers on a nationwide basis and provide the agencies with the timing, distribution, and content of the notices to state residents.
(b) This section may not be construed to require the information collector to provide the consumer reporting agencies identified under (a) of this section with the names or other personal information of the state residents whose personal information was subject to the breach.
(c) This section does not apply to an information collector who is subject to the Gramm-Leach-Bliley Financial Modernization Act.
(d) In this section, “consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis” has the meaning given to “consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” in 15 U.S.C. 1681a(p).