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HB 161: "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date."

00 HOUSE BILL NO. 161                                                                                                      
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)  gross 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 has                                                
06 insurance that would compensate the claimant for civil damages awarded against the                                      
07 owner or operator; an owner or operator who is insured as described in this paragraph                                   
08 is not liable for civil damages described in (a) of this section that exceed the applicable                             
09 insurance.                                                                                                              
10    * Sec. 2.  This Act applies to a cause of action that accrues on or after the effective date                         
11 of this Act.                                                                                                            
12    * Sec. 3.  This Act takes effect July 1, 1995.