00                      CS FOR HOUSE BILL NO. 423(JUD)                                                                    
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 beyond the                           
07       limits of any applicable insurance policy purchased by or on behalf of the owner of the                           
08       vehicle for damages resulting from a motor vehicle accident if the person was driving                             
09       a vehicle involved in the accident and                                                                            
10                 (1)  before the accident, started driving the vehicle involved in the                                   
11       accident from or near licensed premises;                                                                          
12                 (2)  is, at the time of the accident, a person employed in the course and                               
13       scope of employment to or under contract to drive a taxicab or limousine, a taxicab or                            
14       limousine owner, a holder of a taxicab or limousine permit issued by a municipality,                              

01       or an owner or employee of a company that dispatches taxicabs or limousines;                                      
02                 (3)  was not under the influence of an alcoholic beverage, inhalant, or                                 
03       controlled substance at the time of the accident;                                                                 
04                 (4)  was driving the vehicle to the motor vehicle owner's residence or                                  
05       designated residential location at the request of the motor vehicle owner or operator or                          
06       a law enforcement officer; and                                                                                    
07                 (5)  was driving the vehicle because the motor vehicle owner or                                         
08       operator was under the influence of an alcoholic beverage or reasonably believed to be                            
09       under the influence of an alcoholic beverage.                                                                     
10            (b)  A person licensed under AS 04.11.080 - 04.11.250, or an agent or                                        
11       employee of the person, is not liable for damages resulting from a motor vehicle                                  
12       accident described under (a) of this section.  A person or entity that participates in                            
13       making arrangements for transportation of a vehicle under (a) of this section is not                              
14       liable for damages resulting from a motor vehicle accident described in (a) of this                               
15       section.                                                                                                          
16            (c)  This section does not                                                                                   
17                 (1)  preclude liability for civil damages as a result of gross negligence                               
18       or reckless or intentional misconduct; or                                                                         
19                 (2)  limit the ability of a person to recover damages under any                                         
20       applicable uninsured or under insured motor vehicle insurance coverage.                                           
21            (d)  A motor vehicle owner is considered to have given consent to another                                    
22       person to drive the owner's motor vehicle if the other person is involved in an accident                          
23       and the provisions of (a) of this section apply to the other person.                                              
24            (e)  In this section,                                                                                        
25                 (1)  "controlled substance" has the meaning given in AS 28.33.190;                                      
26                 (2)  "inhalant" has the meaning given to the phrase "hazardous volatile                                 
27       material or substance" in AS 47.37.270;                                                                           
28                 (3)  "licensed premises" has the meaning given in AS 04.21.080.                                         
29    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       APPLICABILITY.  This Act applies to a civil action that accrues on or after the                                   

01 effective date of this Act.                                                                                             
02    * Sec. 3.  AS 09.65.300 is repealed July 1, 2007.