00 SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)(efd fld S) 01 "An Act relating to motor vehicle insurance; and limiting recovery of civil damages by 02 an uninsured driver." 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. 09.65.300. Nonrecovery for damages for noneconomic losses resulting  06 from operating a motor vehicle while uninsured. (a) Except as provided in (b) of 07 this section, in an action to recover damages for personal injury or wrongful death, a 08 person who suffers personal injury or death or the person's personal representative 09 under AS 09.55.570 or 09.55.580 may not recover damages for noneconomic losses if 10 the injury or death occurred while the person was operating a motor vehicle and the 11 person knew that the person was not in compliance with the motor vehicle liability 12 insurance provisions of AS 28.22.011 or, if applicable, the motor vehicle liability 13 insurance provisions of AS 28.20. In this subsection, "damages for noneconomic 14 losses" means the compensation claimed for the losses identified in AS 09.17.010(a). 01 (b) The prohibition against the recovery of noneconomic losses in (a) of this 02 section does not apply if the person who is liable for the personal injury or wrongful 03 death 04 (1) was driving while under the influence of an alcoholic beverage, 05 inhalant, or controlled substance; 06 (2) acted intentionally, recklessly, or with gross negligence; 07 (3) fled from the scene of the accident; or 08 (4) was acting in furtherance of an offense or in immediate flight from 09 an offense that constitutes a felony as defined in AS 11.81.900 at the time of the 10 accident. 11  * Sec. 2. AS 21.89.020(c) is amended to read: 12 (c) An insurance company offering automobile liability insurance in this state 13 for bodily injury or death shall, initially and at each renewal, offer coverage prescribed 14 in AS 28.20.440 and 28.20.445 or AS 28.22 for the protection of the persons insured 15 under the policy who are legally entitled to recover damages for bodily injury or death 16 from owners or operators of uninsured or underinsured motor vehicles. The limit 17 written may not be less than the limit in AS 28.20.440 or AS 28.22.101. Coverage 18 required to be offered under this section must include the following options: 19 (1) policy limits equal to the limits voluntarily purchased to cover the 20 liability of the person insured for bodily injury or death; coverage for punitive  21 damages that might otherwise be recoverable from an uninsured or underinsured  22 person is not required under this paragraph;  23 (2) except when the coverage consists of motorcycle liability 24 insurance, and except for a named insured required to file proof of financial 25 responsibility under AS 28.20 or an applicant required to file proof of financial 26 responsibility under AS 28.20, policy limits in the following amounts when these 27 limits are greater than those offered under (1) of this subsection: 28 (A) $100,000 because of bodily injury to or death of one person 29 in one accident, and, subject to the same limit for one person, $300,000 30 because of bodily injury to or death of two or more persons in one accident; 31 (B) $300,000 because of bodily injury to or death of one person 01 in one accident, and, subject to the same limit for one person, $500,000 02 because of bodily injury to or death of two or more persons in one accident; 03 (C) $500,000 because of bodily injury to or death of one person 04 in one accident, and, subject to the same limit for one person, $500,000 05 because of bodily injury to or death of two or more persons in one accident; 06 (D) $500,000 because of bodily injury to or death of one person 07 in one accident, and, subject to the same limit for one person, $1,000,000 08 because of bodily injury to or death of two or more persons in one accident; 09 (E) $1,000,000 because of bodily injury to or death of one 10 person in one accident, and, subject to the same limit for one person, 11 $2,000,000 because of bodily injury to or death of two or more persons in one 12 accident; 13 (3) other policy limits at the option of the insurer. 14  * Sec. 3. AS 21.89.020 is amended by adding a new subsection to read: 15 (i) In this section, "automobile liability insurance" does not include coverage 16 provided only on an excess or umbrella basis. 17  * Sec. 4. AS 28.20.445(e) is amended to read: 18 (e) Uninsured and underinsured motorists coverage 19 (1) may not apply to bodily injury, sickness, disease, or death of an 20 insured or damage to or destruction of property of an insured until the limits of 21 liability of all bodily injury and property damage liability bonds and policies that 22 apply have been used up by payments, judgments or settlements; 23 (2) shall be a single combined coverage; [AND] 24 (3) may be rejected by the insured in writing; if the insured has 25 rejected the coverage, the coverage shall not be included in any supplemental, 26 renewal, or replacement policy unless the insured subsequently requests the coverage 27 in writing; and  28 (4) need not provide coverage for punitive damages that might  29 otherwise be recoverable from an uninsured or underinsured person. 30  * Sec. 5. AS 28.22.101(e) is amended to read: 31 (e) A motor vehicle liability policy must provide coverage under 01 AS 28.22.201 - 28.22.231 in the amounts set out in (d) of this section for the 02 protection of the persons insured under the policy who are legally entitled to recover 03 damages from the owner or operator of an uninsured or underinsured motor vehicle 04 because of bodily injury or death, or damage to or destruction of property arising out 05 of the ownership, maintenance, or use of the uninsured or underinsured motor vehicle. 06 This subsection does not require coverage for punitive damages that might  07 otherwise be recoverable from an uninsured or underinsured person.  08  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. Section 1 of this Act applies to a civil action that accrues on or 11 after the effective date of this Act.