00 HOUSE BILL NO. 353                                                                                                      
01 "An Act relating to contractual limitation of civil liability for design defects; and                                   
02 providing for an effective date."                                                                                       
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 45.45.900 is amended to read:                                                                       
05  Sec. 45.45.900.  INDEMNIFICATION AGREEMENTS AGAINST PUBLIC                                                            
06 POLICY.  A provision, clause, covenant, or agreement contained in, collateral to, or                                    
07 affecting a construction contract that purports to indemnify the promisee against                                       
08 liability for damages for (1) death or bodily injury to persons, (2) injury to property,                                
09 (3) design defects, or (4) other loss, damage, or expense arising under (1), (2), or (3)                            
10 of this section from the sole negligence or wilful misconduct of the promisee or the                                    
11 promisee's agents, servants, or independent contractors who are directly responsible                                  
12 to the promisee, is against public policy and is void and unenforceable; however, this                                  
13 provision does not affect the validity of a [AN INSURANCE] contract [WORKERS'                                         
14 COMPENSATION,] or agreement issued by an insurer subject to the provisions of                                           
01 AS 21; [, OR] a provision, clause, covenant, or agreement of indemnification                                          
02 respecting the handling, containment, or cleanup of oil or hazardous substances as                                    
03 defined in AS 46; or a provision in a construction contract under which the                                            
04 parties agree to allocate or limit liability for design defects.                                                       
05    * Sec. 2.  This Act applies to a contract that is entered into or renewed on or after the                            
06 effective date of this Act.                                                                                             
07    * Sec. 3.  This Act takes effect July 1, 1996.