SCS CSHB 214(JUD)(efd fld S): "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."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 214(JUD)(efd fld S) 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." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.17.020 is amended by adding a new subsection to read: 05 (k) In a civil action in which an employer is determined to be vicariously 06 liable for the act or omission of an employee, punitive damages may not be awarded 07 against the employer under principles of vicarious liability unless (1) the employer or 08 the employer's managerial agent (A) authorized the act or omission and the manner in 09 which the act was performed or omission occurred; or (B) ratified or approved the act 10 or omission after the act or omission occurred; or (2) the employee (A) was unfit to 11 perform the act or avoid the omission and the employer or the employer's managerial 12 agent acted recklessly in employing or retaining the employee; or (B) was employed in 13 a managerial capacity and was acting within the scope of employment; in this 14 subsection, "managerial agent" means a management level employee with the stature
01 and authority to exercise control, discretion, and independent judgment over a certain 02 area of the employer's business and with some power to set policy for the employer. 03 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to a cause of action that accrues on or after the 06 effective date of this Act.