00        CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 68(JUD)(efd am)                                                    
01 "An Act relating to accidents involving the vehicle of a person under the influence of an                               
02 alcoholic beverage; 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 driving the vehicle of a person                                    
06       under the influence of an alcoholic beverage.  (a)  A person is not liable for personal                         
07       injury, death, or property damage resulting from a motor vehicle accident if the person                           
08       was driving a vehicle involved in the accident and                                                                
09                 (1)  before the accident, started driving the vehicle involved in the                                   
10       accident from or near licensed premises;                                                                          
11                 (2)  is, at the time of the accident, a person employed to or under                                     
12       contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a                             
13       taxicab or limousine permit issued by a municipality, or an owner or employee of a                                
14       company that dispatches taxicabs or limousines;                                                                   

01                 (3)  was not under the influence of an alcoholic beverage at the time of                                
02       the accident;                                                                                                     
03                 (4)  was driving the vehicle to the motor vehicle owner's residence at                                  
04       the request of the motor vehicle owner or a law enforcement officer; and                                          
05                 (5)  was driving the vehicle because the motor vehicle owner or                                         
06       operator was under the influence of an alcoholic beverage or reasonably believed to be                            
07       under the influence of an alcoholic beverage.                                                                     
08            (b)  A person licensed under AS 04.11.080 - 04.11.250, or an agent or                                        
09       employee of the person, is not liable for personal injury, death, or property damage                              
10       resulting from a motor vehicle accident described under (a) of this section.                                      
11            (c)  This section does not preclude liability for civil damages as a result of                               
12       gross negligence or reckless or intentional misconduct.                                                           
13            (d)  A motor vehicle owner is considered to have given consent to another                                    
14       person to drive the owner's motor vehicle if the other person is involved in an accident                          
15       and the provisions of (a) of this section apply to the other person.                                              
16            (e)  In this section, "licensed premises" has the meaning given in                                           
17       AS 04.21.080.                                                                                                     
18    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
19 read:                                                                                                                   
20       APPLICABILITY.  This Act applies to a civil action that accrues on or after the                                   
21 effective date of this Act.                                                                                             
22    * Sec. 3.  This Act takes effect July 1, 2002.