00                      CS FOR HOUSE BILL NO. 271(JUD)                                                                    
01 "An Act relating to recovery of punitive damages resulting from an aviation accident;                                   
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.17.020(h) is amended to read:                                                                  
05            (h)  Notwithstanding any other provision of law, in an action against                                        
06                 (1)  an employer to recover damages for an unlawful employment                                      
07       practice prohibited by AS 18.80.220, the amount of punitive damages awarded by the                                
08       court or jury may not exceed                                                                                      
09                      (A) [(1)]  $200,000 if the employer has fewer [LESS] than 100                              
10            employees in this state;                                                                                     
11                      (B) [(2)]  $300,000 if the employer has 100 or more but fewer                              
12            [LESS] than 200 employees in this state;                                                                     
13                      (C) [(3)]  $400,000 if the employer has 200 or more but fewer                              
14            [LESS] than 500 employees in this state; and                                                                 

01                      (D) [(4)]  $500,000 if the employer has 500 or more employees                                  
02            in this state; and                                                                                       
03                 (2)  an owner or operator of an aviation business to recover                                        
04       damages resulting from an aviation accident, the amount of punitive damages                                   
05       awarded by the court or jury may not exceed (A) $300,000 if the aircraft has a                                
06       passenger seat configuration of 20 or fewer seats, excluding each crewmember                                  
07       seat, or a maximum payload capacity of less than 6,000 pounds; (B) $400,000 if                                
08       the aircraft has a passenger seat configuration of more than 20 seats but fewer                               
09       than 30 seats, excluding each crewmember seat, or a maximum payload capacity                                  
10       of 6,000 or more pounds but less than 7,500 pounds; and (C) $500,000 if the                                   
11       aircraft has a passenger seat configuration of 30 or more seats, excluding each                               
12       crewmember seat, or a maximum payload capacity of 7,500 or more pounds; in                                    
13       this paragraph, "aviation accident" means an accident occurring during the                                    
14       operation of an aircraft, and "maximum payload capacity" has the meaning                                      
15       given in 14 C.F.R. 119.3.                                                                                   
16    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18       APPLICABILITY.  This Act applies to a cause of action that accrues on or after the                                
19 effective date of this Act.                                                                                             
20    * Sec. 3.  This Act takes effect on July 1, 2002.