00                            HOUSE BILL NO. 290                                                                          
01 "An Act relating to voluntary chemical tests to determine the alcoholic content of a                                    
02 person's breath; and relating to certain alcoholic beverage licenses and permits."                                      
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 04.21.020 is amended by adding a new subsection to read:                                           
05 (f)  A licensee, permittee, agent, or employee who provides a device to conduct                                         
06 a voluntary chemical test of a person's breath under AS 04.21.063(a) may not be held                                    
07 civilly liable for civil damages resulting from an act or omission of a person arising                                  
08 out of the use of a voluntary chemical test of the person's breath on a device provided                                 
09       by the licensee or permittee under AS 04.21.063(a).                                                             
10    * Sec. 2. AS 04.21 is amended by adding a new section to read:                                                     
11 Sec. 04.21.063. Availability of devices to conduct voluntary chemical tests                                           
12 of a person's breath on licensed or permitted premises. (a) A holder of one of the                                    
13 following licenses or permits may provide on the licensed or permitted premises a                                       
14 device to conduct a voluntary chemical test of a person's breath for the purpose of                                     

01       determining the alcoholic content of the person's breath:                                                         
02                 (1)  beverage dispensary license;                                                                       
03                 (2)  restaurant or eating place license;                                                                
04                 (3)  club license;                                                                                      
05                 (4)  brewery license;                                                                                   
06                 (5)  distillery license;                                                                                
07                 (6)  common carrier dispensary license;                                                                 
08                 (7)  recreational site license;                                                                         
09                 (8)  pub license;                                                                                       
10                 (9)  winery license;                                                                                    
11                 (10)  caterer's permit;                                                                                 
12                 (11)  special events permit;                                                                            
13                 (12)  conditional contractor's permit;                                                                  
14                 (13)  brewpub license;                                                                                  
15                 (14)  golf course license;                                                                              
16                 (15)  outdoor recreation lodge license;                                                                 
17                 (16)  destination resort license;                                                                       
18 (17)  another license or permit issued by the board authorizing                                                         
19       consumption of alcoholic beverages on licensed or permitted premises.                                             
20 (b)  A licensee or permittee that provides a device on the licensed or permitted                                        
21       premises under (a) of this section shall                                                                          
22                 (1)  calibrate the device at least once a year;                                                         
23 (2)  ensure that the device is accurate within 0.03 grams of alcohol for                                                
24       each 210 liters of a person's breath; and                                                                         
25 (3)  post on the licensed or permitted premises a disclaimer notifying                                                  
26       persons on the premises                                                                                           
27 (A)  that the device is available only for a person to voluntarily                                                      
28            test and evaluate the alcoholic content of the person's breath;                                              
29 (B)  that the licensee or permittee is not liable under                                                                 
30 AS 04.21.020(f) for civil damages resulting from an act or omission of a                                                
31            person arising out of the use of the device; and                                                             

01                      (C)  of the last date on which the device was calibrated.                                          
02            (c)  A chemical test result obtained under this section may not be introduced                                
03       into evidence in a civil action brought against a licensee or permittee under                                     
04       AS 04.21.020.