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
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
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
14 APPLICABILITY. Section 2 of this Act applies to a civil action that accrues on or
15 after the effective date of this Act.