Sponsor Statement for CS for HB 22 (JUD)

I introduced this legislation because current law seemingly exempts those who sell liquor without a license (bootleggers) from any civil liability for the damages that may be caused by their illegal acts. The basis of the original bill was to remove that exemption and make bootleggers strictly liable for their actions.

During deliberations before the House Judiciary Committee, language was added that addresses civil liability of a person who sells or barters a controlled substance as defined under AS 11.71.900.

The intent of this legislation is to apply strict liability to a bootlegger or drug dealer for any actions taken by a buyer of illegal alcohol or drugs that may result in civil damages to another person, the state or political subdivision of the state. The cost of criminally prosecuting the buyer for any criminal acts while under the influence of the illegally purchased alcohol or drugs may also be sought from the bootlegger or drug dealer.

It is also the intent of the legislation that an injured party can not only be an individual but also the state or a political subdivision of the state. Civil damages includes personal injury, death or injury to property.