00 CS FOR HOUSE BILL NO. 161(TRA)                                                                                          
01 "An Act relating to civil liability for guest passengers on an aircraft or                                              
02 watercraft; and providing for an effective date."                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.65 is amended by adding a new section to read:                                                   
05  Sec. 09.65.112.  CIVIL LIABILITY FOR AIRCRAFT AND WATERCRAFT                                                          
06 GUEST PASSENGERS.  (a)  An owner or operator of an aircraft or watercraft is not                                        
07 liable for the civil damages of a person being transported in the owner's or operator's                                 
08 aircraft or watercraft if the owner or operator is not being compensated for the                                        
09 transportation.  In this subsection, "compensated" means substantial payment in money,                                  
10 services, or materials, but does not include a token payment.                                                           
11  (b)  This section does not apply to a civil action                                                                    
12   (1)  for damages resulting from                                                                                      
13   (A)  negligence or reckless or intentional misconduct;                                                              
14      (B)  an act or omission of an owner or operator of an aircraft or                                                
01 watercraft who is a common carrier; or                                                                                  
02   (C)  an act or omission of an owner or operator of an aircraft or                                                   
03 watercraft that occurs while demonstrating an aircraft or watercraft to a                                               
04 prospective buyer; or                                                                                                   
05   (2)  described under (a) of this section if the owner or operator                                                    
06   (A)  has insurance that would compensate the claimant for civil                                                     
07 damages awarded against the owner or operator; an owner or operator who is                                              
08 insured as described in this paragraph is not liable for civil damages described                                        
09 in (a) of this section that exceed the applicable insurance; or                                                         
10   (B)  does not have insurance that would compensate a person                                                         
11 being transported as described under (a) of this section for civil damages                                              
12 awarded against the owner or operator and, before the person being transported                                          
13 enters the aircraft or watercraft, the owner or operator fails to provide notice                                        
14 to the person being transported that the owner or operator is uninsured as                                              
15 described in this subparagraph.                                                                                         
16    * Sec. 2.  This Act applies to a cause of action that accrues on or after the effective date                         
17 of this Act.                                                                                                            
18    * Sec. 3.  This Act takes effect July 1, 1995.