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.
00Enrolled 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.