00            CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 68(TRA)                                                         
01 "An Act relating to civil liability for transporting an intoxicated person or for driving an                            
02 intoxicated person's motor vehicle; 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. 09.65.280.  Damages resulting from transportation of an intoxicated                                   
06       person or damage to an intoxicated person's motor vehicle.  (a)  An intoxicated                                 
07       person who is being transported in a taxicab, who is not paying for the transportation,                           
08       and who suffers personal injury or death during the transport may not bring a civil                               
09       action to recover damages from the owner or driver of the taxicab if the owner or                                 
10       driver is acting in good faith.                                                                                   
11            (b)  The owner of a motor vehicle may not bring a civil action to recover for                                
12       damage to the motor vehicle if the motor vehicle damage occurred when the motor                                   
13       vehicle was being driven                                                                                          
14                 (1)  to the owner's residence at the request of the owner or a law                                      
01       enforcement officer; and                                                                                          
02                 (2)  by an owner or employee of a taxicab business because the motor                                    
03       vehicle owner was intoxicated.                                                                                    
04            (c)  A person may not bring a civil action against an owner or employee of a                                 
05       taxicab business to recover for personal injury, death, or property damage if the                                 
06       personal injury, death, or property damage resulted from a motor vehicle accident and                             
07       the accident involved a motor vehicle being driven                                                                
08                 (1)  by the owner or an employee of a taxicab business, but the motor                                   
09       vehicle driven by the owner or employee of the taxicab business is not owned by the                               
10       owner or employee of the taxicab business;                                                                        
11                 (2)  to the motor vehicle owner's residence at the request of the motor                                 
12       vehicle owner or a law enforcement officer; and                                                                   
13                 (3)  by the owner or employee of a taxicab business because the motor                                   
14       vehicle owner or operator was intoxicated.                                                                        
15            (d)  This section does not preclude liability for civil damages as a result of                               
16       gross negligence or reckless or intentional misconduct.                                                           
17    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19       APPLICABILITY.  This Act applies to a civil action that accrues on or after the                                   
20 effective date of this Act.                                                                                             
21    * Sec. 3.  This Act takes effect July 1, 2001.