SB 35: "An Act providing immunity for the Alaska State Emergency Response Commission, the local emergency planning committees, the Hazardous Substance Spill Technology Review Council, and their members for official actions; and providing for an effective date."
00SENATE BILL NO. 35 01 "An Act providing immunity for the Alaska State Emergency Response 02 Commission, the local emergency planning committees, the Hazardous Substance 03 Spill Technology Review Council, and their members for official actions; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 46.13 is amended by adding a new section to read: 07 Sec. 46.13.140. IMMUNITY. A civil action for damages and costs may not 08 be brought against the council, the commission, a local emergency planning committee 09 established by the commission, or the members of the council, commission, or local 10 emergency planning committee for an act or omission occurring within the course and 11 scope of their official duties under this chapter, unless the act or omission constitutes 12 gross negligence or reckless or intentional misconduct. This section does not restrict 13 or expand a right that a person may have under a federal statute or federal common 14 law to seek enforcement of a requirement or to seek other relief.
01 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).