00                      CS FOR HOUSE BILL NO. 281(JUD)                                                                    
01 "An Act relating to civil liability for providing alcoholic beverages to a person under 21                              
02 years of age; and providing for an effective date."                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 04.21.020 is amended to read:                                                                     
05            Sec. 04.21.020.  Civil liability of persons providing alcoholic beverages.  (a)                            
06       Except as provided under (b) and (d) of this section, a [A] person who provides                               
07       alcoholic beverages to another person may not be held civilly liable for injuries                                 
08       resulting from the intoxication of that person unless the person who provides the                                 
09       alcoholic beverages holds a license authorized under AS 04.11.080 - 04.11.220 [,] or                              
10       is an agent or employee of such a licensee and                                                                    
11                 (1)  the alcoholic beverages are provided to a person under the age of                                  
12       21 years in violation of AS 04.16.051, unless the licensee, agent, or employee secures                            
13       in good faith from the person a signed statement, liquor identification card, or driver's                         
14       license meeting the requirements of AS 04.21.050(a) and (b), that indicates that the                              

01       person is 21 years of age or older; or                                                                            
02                 (2)  the alcoholic beverages are provided to a drunken person in                                        
03       violation of AS 04.16.030.                                                                                        
04            (b)  A [NOTWITHSTANDING (a) OF THIS SECTION, A] person who sells                                         
05       or barters an alcoholic beverage to another person in violation of AS 04.11.010 is                                
06       strictly liable (1) to the recipient or another person for civil damages if, while under                          
07       the influence of the alcoholic beverage, the person receiving the alcoholic beverage                              
08       engages in conduct that results in civil damages and the recipient's being under the                              
09       influence of the alcoholic beverage substantially contributes to the civil damages; and                           
10       (2) for the cost to the state or a political subdivision of the state to criminally prosecute                     
11       a person who receives an alcoholic beverage from a person who violates AS 04.11.010                               
12       if the prosecution results from the violation of AS 04.11.010 described in this                                   
13       subsection.  [IN THIS SUBSECTION, "CIVIL DAMAGES" INCLUDES                                                        
14       DAMAGES FOR PERSONAL INJURY, DEATH, OR INJURY TO PROPERTY OF                                                      
15       A PERSON, INCLUDING THE STATE OR A POLITICAL SUBDIVISION OF                                                       
16       THE STATE.]                                                                                                       
17            (c)  In an action under (b) or (d) of this section, it is not a defense that the                         
18       person receiving the alcoholic beverage voluntarily consumed the alcoholic beverage                               
19       or that the person receiving the alcoholic beverage was voluntarily under the influence                           
20       of the alcoholic beverage.                                                                                        
21    * Sec. 2.  AS 04.21.020 is amended by adding new subsections to read:                                              
22            (d)  A person who knowingly furnishes or delivers an alcoholic beverage to a                                 
23       person under 21 years of age in violation of AS 04.16.051 is civilly liable to the                                
24       recipient or another person for civil damages if, while under the influence of the                                
25       alcoholic beverage, the person receiving the alcoholic beverage engages in conduct                                
26       that results in civil damages and the recipient's being under the influence of the                                
27       alcoholic beverage substantially contributes to the civil damages.                                                
28            (e)  In this section, "civil damages" includes damages for personal injury,                                  
29       death, or injury to property of a person, including the state or a political subdivision of                       
30       the state.                                                                                                        
31    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         

01 read:                                                                                                                   
02       APPLICABILITY.  This Act applies to a civil action that accrues on or after the                                 
03 effective date of this Act.                                                                                             
04    * Sec. 4.  This Act takes effect July 1, 2002.