00               SENATE CS FOR 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 (1) the employer or                           
09       the employer's managerial agent (A) authorized the act or omission and the manner in                              
10       which the act was performed or omission occurred; or (B) ratified or approved the act                             
11       or omission after the act or omission occurred; or (2) the employee (A) was unfit to                              
12       perform the act or avoid the omission and the employer or the employer's managerial                               
13       agent acted recklessly in employing or retaining the employee; or (B) was employed in                             
14       a managerial capacity and was acting within the scope of employment; in this                                      

01       subsection, "managerial agent" means a management level employee with the stature                                 
02       and authority to exercise control, discretion, and independent judgment over a certain                            
03       area of the employer's business and with some power to set policy for 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.