CSHB 423(STA): "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage."
00 CS FOR HOUSE BILL NO. 423(STA) 01 "An Act relating to accidents involving the vehicle of a person under the influence of an 02 alcoholic beverage." 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. 09.65.300. Damages resulting from driving the vehicle of a person 06 under the influence of an alcoholic beverage. (a) A person is not liable for personal 07 injury, death, or property damage resulting from a motor vehicle accident if the person 08 was driving a vehicle involved in the accident and 09 (1) before the accident, started driving the vehicle involved in the 10 accident from or near licensed premises; 11 (2) is, at the time of the accident, a person employed in the course and 12 scope of employment to or under contract to drive a taxicab or limousine, a taxicab or 13 limousine owner, a holder of a taxicab or limousine permit issued by a municipality, 14 or an owner or employee of a company that dispatches taxicabs or limousines;
01 (3) was not under the influence of an alcoholic beverage, inhalant, or 02 controlled substance at the time of the accident; 03 (4) was driving the vehicle to the motor vehicle owner's residence or 04 designated residential location at the request of the motor vehicle owner or operator or 05 a law enforcement officer; and 06 (5) was driving the vehicle because the motor vehicle owner or 07 operator was under the influence of an alcoholic beverage or reasonably believed to be 08 under the influence of an alcoholic beverage. 09 (b) A person licensed under AS 04.11.080 - 04.11.250, or an agent or 10 employee of the person, is not liable for personal injury, death, or property damage 11 resulting from a motor vehicle accident described under (a) of this section. 12 (c) This section does not preclude liability for civil damages as a result of 13 gross negligence or reckless or intentional misconduct. 14 (d) A motor vehicle owner is considered to have given consent to another 15 person to drive the owner's motor vehicle if the other person is involved in an accident 16 and the provisions of (a) of this section apply to the other person. 17 (e) In this section, 18 (1) "controlled substance" has the meaning given in AS 28.33.190; 19 (2) "inhalant" has the meaning given to the phrase "hazardous volatile 20 material or substance" in AS 47.37.270; 21 (3) "licensed premises" has the meaning given in AS 04.21.080. 22 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act applies to a civil action that accrues on or after the 25 effective date of this Act. 26 * Sec. 3. AS 09.65.300 is repealed July 1, 2007.