00 CS FOR HOUSE BILL NO. 360(JUD)                                                                                          
01 "An Act relating to civil liability for guest passengers on an aircraft or                                              
02 watercraft; and providing for an effective date."                                                                       
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. 09.65.112.  CIVIL LIABILITY FOR AIRCRAFT AND WATERCRAFT                                                          
06 GUEST PASSENGERS.  (a)  An owner or operator of an aircraft or watercraft is not                                        
07 liable for the civil damages of a person being transported in the owner's or operator's                                 
08 aircraft or watercraft if the owner or operator is not being compensated for the                                        
09 transportation.                                                                                                         
10  (b)  This section does not apply to a civil action                                                                    
11   (1)  for damages resulting from                                                                                      
12   (A)  gross negligence or reckless or intentional misconduct;                                                        
13      (B)  an act or omission of an owner or operator of an aircraft or                                                
14 watercraft who is a common carrier; or                                                                                  
01   (C)  an act or omission of an owner or operator of an aircraft or                                                   
02 watercraft that occurs while demonstrating an aircraft or watercraft to a                                               
03 prospective buyer; or                                                                                                   
04   (2)  described under (a) of this section if the owner or operator has                                                
05 insurance that would compensate the claimant for civil damages awarded against the                                      
06 owner or operator; an owner or operator who is insured as described in this paragraph                                   
07 is not liable for civil damages described in (a) of this section that exceed the applicable                             
08 insurance.                                                                                                              
09  (c)  In this section, "compensated" means substantial payment in money,                                               
10 services, or materials, but does not include a token payment.                                                           
11    * Sec. 2.  This Act applies to a cause of action that accrues on or after the effective date                         
12 of this Act.                                                                                                            
13    * Sec. 3.  This Act takes effect July 1, 1994.