CSHB 214(JUD): "An Act relating to the recovery of punitive damages against an employer who is determined to be vicariously liable for the act or omission of an employee; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 214(JUD) 01 "An Act relating to the recovery of punitive damages against an employer who is 02 determined to be vicariously liable for the act or omission of an employee; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.17.020 is amended by adding a new subsection to read: 06 (k) In a civil action in which an employer is determined to be vicariously 07 liable for the act or omission of an employee, punitive damages may not be awarded 08 against the employer under principles of vicarious liability unless 09 (1) the employer 10 (A) authorized the act or omission and the manner in which the 11 act was performed or omission occurred; or 12 (B) ratified or approved the act or omission after the act or 13 omission occurred; or 14 (2) the employee
01 (A) was unfit to perform the act or avoid the omission and the 02 employer acted recklessly in employing or retaining the employee; or 03 (B) was a managing officer or a director of the employer. 04 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. This Act applies to a cause of action that accrues on or after the 07 effective date of this Act. 08 * Sec. 3. This Act takes effect July 1, 2003.