00CS FOR HOUSE BILL NO. 430(JUD)                                                                                        
01 "An Act relating to noneconomic damages resulting from an automobile accident."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 09.17.010(a) is amended to read:                                                                  
04  (a)  Except as provided under AS 09.65.215, in  [IN] an action to recover                                           
05 damages for personal injury or wrongful death, all damage claims for noneconomic                                        
06 losses shall be limited to compensation for pain, suffering, inconvenience, physical                                    
07 impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other                                     
08 nonpecuniary damage.                                                                                                    
09    * Sec. 2.  AS 09.65 is amended by adding a new section to read:                                                    
10  Sec. 09.65.215.  Noneconomic damages resulting from an automobile                                                    
11 accident.  (a)  In an action to recover civil damages resulting from the operation or                                  
12 use of an automobile, a person may not recover damages for noneconomic losses if the                                    
13 person was                                                                                                              
14   (1)  injured while operating the vehicle in violation of AS 28.35.030 and                                            

01 was convicted of the violation, including conviction based on a guilty plea or plea of                                  
02 no contest; or                                                                                                          
03   (2)  the owner or operator of a vehicle involved in the accident and                                                 
04 knowingly failed to obtain insurance as required by AS 28.22.011; in this paragraph,                                    
05 "knowingly" has the meaning given in AS 11.81.900.                                                                      
06  (b)  Except as provided under this subsection, an insurer is not liable, directly                                     
07 or indirectly, to indemnify an injured person described in (a) of this section for                                      
08 noneconomic losses covered under an automobile liability insurance policy.  This                                        
09 subsection does not apply to a person described in (a)(2) of this section if the injury                                 
10 resulted from operation of an automobile by another person who, at the time of the                                      
11 accident, was operating an automobile in violation of AS 28.35.030 and the other                                        
12 person has been convicted of the violation, including conviction based on a guilty plea                                 
13 or plea of no contest.                                                                                                  
14    * Sec. 3.  APPLICABILITY.  This Act applies to a cause of action that accrues on or after                          
15 the effective date of this Act.