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Enrolled SB 78: Relating to liability of certain limited liability organizations holding liquor licenses; and relating to accidents involving the vehicle of a person under the influence of alcoholic beverages.

00 Enrolled SB 78                                                                                                          
01 Relating to liability of certain limited liability organizations holding liquor licenses; and                           
02 relating to accidents involving the vehicle of a person under the influence of alcoholic                                
03 beverages.                                                                                                              
04                           _______________                                                                               
05    * Section 1. AS 04.21.035 is amended to read:                                                                      
06            Sec. 04.21.035. Responsibility of partners of a limited liability partnership                          
07       or foreign limited liability partnership [ORGANIZATION MEMBERS].                                              
08       Notwithstanding any other provision of [AS 10.50 OR] AS 32.06, a partner                                      
09       [MEMBER] of a limited liability partnership or a foreign limited liability                                    
10       partnership [ORGANIZATION] holding a license under this title is not relieved of                              
11       the obligation or the liability otherwise imposed upon a holder of a liquor license                               
12       under this title solely because the license is held by a limited liability partnership or                     
13       a foreign limited liability partnership [ORGANIZATION].                                                       
14    * Sec. 2. AS 09.65 is amended by adding a new section to read:                                                     
01            Sec. 09.65.315. Damages resulting from driving the vehicle of a person                                     
02       under the influence of an alcoholic beverage. (a) A person is not liable beyond the                             
03       limits of any applicable insurance policy purchased by or on behalf of the owner of the                           
04       vehicle, or the taxicab or limousine company or the company's owner, agents, or                                   
05       employees, for damages resulting from a motor vehicle accident if the person was                                  
06       driving a vehicle involved in the accident and                                                                    
07                 (1)  before the accident, started driving the vehicle involved in the                                   
08       accident from or near licensed premises;                                                                          
09                 (2)  is, at the time of the accident, a person employed in the course and                               
10       scope of employment to or under contract to drive a taxicab or limousine, a taxicab or                            
11       limousine owner, a holder of a taxicab or limousine permit issued by a municipality,                              
12       or an owner or employee of a company that dispatches taxicabs or limousines;                                      
13                 (3)  was not under the influence of an alcoholic beverage, inhalant, or                                 
14       controlled substance at the time of the accident;                                                                 
15                 (4)  was driving the vehicle to the motor vehicle owner's residence or                                  
16       designated residential location at the request of the motor vehicle owner or operator or                          
17       a law enforcement officer; and                                                                                    
18                 (5)  was driving the vehicle because the motor vehicle owner or                                         
19       operator was under the influence of an alcoholic beverage or reasonably believed to be                            
20       under the influence of an alcoholic beverage.                                                                     
21            (b)  A person licensed under AS 04.11.080 - 04.11.255, or an agent or                                        
22       employee of the person, is not liable for damages resulting from a motor vehicle                                  
23       accident described under (a) of this section. A person or entity that participates in                             
24       making arrangements for transportation of a vehicle under (a) of this section is not                              
25       liable for damages resulting from a motor vehicle accident described in (a) of this                               
26       section.                                                                                                          
27            (c)  This section does not                                                                                   
28                 (1)  preclude liability for civil damages as a result of gross negligence                               
29       or reckless or intentional misconduct;                                                                            
30                 (2)  limit the ability of a person to recover damages under any                                         
31       applicable uninsured or underinsured motor vehicle insurance coverage; or                                         
01                 (3)  limit the ability of a person to recover damages under any                                         
02       applicable liability insurance coverage purchased by or on behalf of the person being                             
03       transported under (a) of this section.                                                                            
04            (d)  A motor vehicle owner is considered to have given consent to another                                    
05       person to drive the owner's motor vehicle if the other person is involved in an accident                          
06       and the provisions of (a) of this section apply to the other person.                                              
07            (e)  In this section,                                                                                        
08                 (1)  "controlled substance" has the meaning given in AS 28.33.190;                                      
09                 (2)  "inhalant" has the meaning given to the phrase "hazardous volatile                                 
10       material or substance" in AS 47.37.270;                                                                           
11                 (3)  "licensed premises" has the meaning given in AS 04.21.080.                                         
12    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14       APPLICABILITY. Section 2 of this Act applies to a civil action that accrues on or                                 
15 after the effective date of this Act.