CSHB 245(MLV): "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, homeland security, fire management, and fire fighting activities; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 245(MLV) 01 "An Act relating to certain suits and claims by members of the military services; 02 relating to certain suits and claims regarding acts or omissions of the organized militia; 03 relating to workers' compensation and death benefits for members of the organized 04 militia; relating to liability arising out of certain search and rescue, civil defense, 05 homeland security, fire management, and fire fighting activities; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE. The purpose of secs. 3 - 6 of this Act is to 11 (1) provide the State of Alaska and state military and other personnel, through 12 the immunity provided in this Act, with the same protection from civil actions for damages 13 that the federal government and federal military personnel are provided under federal case law
01 and statute; 02 (2) ensure that military service decisions are based on the judgment and needs 03 of the militia rather than on concerns for possible tort exposure; 04 (3) recognize that injured military service members or their families are 05 entitled to various federal military and veterans' benefits for injuries or death occurring in the 06 course of the member's military service for the Alaska National Guard while not on state 07 active duty; 08 (4) recognize that the federal government and not the State of Alaska is 09 responsible for providing benefits to injured military service members or their families for 10 injuries or death occurring in the course of the member's military service for the Alaska 11 National Guard while not on state active duty; and 12 (5) recognize that the federal government and not the State of Alaska is 13 responsible for property damage, injuries, or death, resulting from the acts or omissions of 14 members of the Alaska National Guard who are under the command of the federal 15 government. 16 * Sec. 2. AS 18.60 is amended by adding a new section to read: 17 Sec. 18.60.125. Civil immunity. A person may not bring a civil action for 18 damages against the state, a political subdivision of the state, or the officers, agents, or 19 employees of the state or a political subdivision of the state for a death, personal 20 injury, or property damage that results from an act or omission in performing or failing 21 to perform activities or duties authorized under AS 18.60.120 - 18.60.175. 22 * Sec. 3. AS 26.05.140 is amended by adding a new subsection to read: 23 (b) The state has not waived its sovereign immunity and is not liable for the 24 acts or omissions of members of the organized militia, unless those members were 25 ordered into active state service by the governor under AS 26.05.070 and the members 26 were acting in the line of duty of those orders. 27 * Sec. 4. AS 26.05 is amended by adding a new section to read: 28 Sec. 26.05.145. Suits by members of the military services. (a) A civil 29 action for damages may not be brought by or on behalf of a member of the military 30 services against the state or against any employee of the state or any member or 31 former member of the Alaska militia for wrongful death, personal injury, or other tort
01 claim or injury arising out of activities that were incident to the member's military 02 service. 03 (b) In this section, "military service" means service in the United States 04 military, the militia described in AS 26.05.010(b), or the national guard of another 05 state. 06 * Sec. 5. AS 26.05.260(d) is amended to read: 07 (d) A member of the organized militia who, while performing duties under 08 AS 26.05.070, including transit to and from the member's home of record, suffers an 09 injury or disability in the line of duty is entitled to all compensation and benefits 10 available under AS 23.30 (Alaska Workers' Compensation Act). For a member of the 11 Alaska State Defense Force, compensation and benefits under this subsection are 12 provided as though the member were a state employee. A member of the organized 13 militia who has not been ordered into active state service by the governor under 14 AS 26.05.070 is not entitled to compensation and benefits under AS 23.30 (Alaska 15 Workers' Compensation Act). 16 * Sec. 6. AS 26.05.260(e) is amended to read: 17 (e) If a member of the organized militia dies as a result of an injury or 18 disability suffered in the line of duty while performing duties under AS 26.05.070, 19 including transit to and from the member's home of record, death benefits shall be paid 20 to the persons in the amounts specified in AS 23.30.215. For a member of the Alaska 21 State Defense Force, the death benefits under this subsection are provided as though 22 the member were a state employee. A person is not entitled to death benefits as 23 specified in AS 23.30.215 for a member of the organized militia who dies as a 24 result of an injury or disability suffered in the line of duty but who had not been 25 ordered into active state service by the governor under AS 26.05.070. 26 * Sec. 7. AS 26.20.140 is amended to read: 27 Sec. 26.20.140. Immunity of government, [AND] employees, and 28 authorized volunteers or other persons. (a) The [NEITHER THE] state, a [NOR 29 ANY] district of the state, and [NOR] the employees, agents, or representatives of the 30 state or district are not [, IS] liable for personal injury or property damage sustained 31 by any person appointed or acting as a [VOLUNTEER] civilian defense or homeland
01 security worker. This provision does not affect the right of a person to receive 02 benefits or compensation to which the person might otherwise be entitled under the 03 workers' compensation law or a pension law or an Act of Congress. 04 (b) The [NEITHER THE] state, a [NOR] district [PERSONNEL] of the state, 05 an employee, agent, or representative [NOR, EXCEPT IN CASES OF WILFUL 06 MISCONDUCT, GROSS NEGLIGENCE, OR BAD FAITH, THE EMPLOYEES, 07 AGENTS, OR REPRESENTATIVES] of the state or a district, or [NOR] a volunteer 08 or auxiliary civilian defense or homeland security worker or member of an agency 09 engaged in civilian defense or homeland security activity, complying with or 10 reasonably attempting to comply with this chapter [,] or an order or regulation adopted 11 under this chapter, or under an ordinance relating to blackout or other precautionary 12 measures enacted by a district director of the state, is not liable for the death of or 13 injury to persons, or for damage to property, as a result of the activity, except when 14 malice or reckless indifference to the interests, rights, or safety of others is shown 15 by clear and convincing evidence. 16 * Sec. 8. AS 26.20.140 is amended by adding a new subsection to read: 17 (c) In this section, "civilian defense or homeland security worker" means a 18 worker engaged in a civil defense or homeland security activity in an official capacity 19 or at the direction of the state, including 20 (1) an officer or employee of the state, a municipality or other political 21 subdivision of the state, or a governmental instrumentality of the state; 22 (2) a member of a board, commission, or task force created by statute 23 or by legislative, judicial, or administrative action by the state, a municipality or other 24 political subdivision of the state, or a governmental instrumentality of the state; 25 (3) a contractor to the state, a municipality or other political 26 subdivision of the state, or a governmental instrumentality of the state, or an officer or 27 employee of the contractor; 28 (4) an officer or a member of the state's organized militia on active 29 state service under AS 26.05.070; 30 (5) an officer or employee of another state; and 31 (6) a volunteer authorized by the state, a municipality or other political
01 subdivision of the state, or a federal agency to engage in a civil defense or homeland 02 security activity. 03 * Sec. 9. AS 26.20.200(1) is amended to read: 04 (1) "civil defense" means the protection and defense of the civilian 05 population by the organized efforts of the residents of the state other than those in the 06 military service, and includes without limitation, fire fighting, policing, rescue, air raid 07 warning, security, communications, medical service, vaccination and other actions 08 to protect public health, transportation, evacuation of persons, welfare aid, guard 09 duty, anti-espionage and anti-sabotage service, construction of temporary housing and 10 bomb proof shelters, [AND] any other service necessary for the protection of and aid 11 to the public not normally furnished by the military services, and training, 12 preparation, travel, and other activities necessary for the provision of the services 13 described in this paragraph; 14 * Sec. 10. AS 26.20.200 is amended by adding a new paragraph to read: 15 (4) "homeland security" means the detection, prevention, preemption, 16 or deterrence of, protection from, and response to, attacks targeted at the territory, 17 population, or infrastructure of this state. 18 * Sec. 11. AS 26.23.210 is amended by adding a new subsection to read: 19 (c) The provisions of AS 26.20.140, providing for immunity of government, 20 employees, and other authorized persons in certain circumstances, apply when the 21 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 22 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 23 providing assistance to the state under a compact in a form substantially as contained 24 in AS 26.23.136. 25 * Sec. 12. AS 41.15 is amended by adding a new section to read: 26 Sec. 41.15.045. Civil immunity. Notwithstanding other provisions of law, a 27 person may not bring a civil action for damages for death, personal injury, or property 28 damage that results from an act or omission in performing or failing to perform 29 activities or duties arising out of prevention, monitoring, control, or suppression of 30 fires authorized to be performed under AS 41.15.010 - 41.15.170 against 31 (1) the state or its officers, agents, and employees;
01 (2) a political subdivision of the state or its officers, agents, and 02 employees; 03 (3) any organization authorized to prevent, control, or suppress fires; 04 or 05 (4) others assisting in the control or suppression of fires at the request 06 of an officer or employee of the United States or the state. 07 * Sec. 13. AS 41.17 is amended by adding a new section to read: 08 Sec. 41.17.081. Civil immunity. Notwithstanding other provisions of law, a 09 person may not bring a civil action for damages for death, personal injury, or property 10 damage that results from an act or omission in performing or failing to perform 11 activities or duties arising out of prevention, monitoring, control, or suppression of 12 fires authorized to be performed under regulations adopted under AS 41.17.080(a)(8) 13 against 14 (1) the state or its officers, agents, and employees; 15 (2) a political subdivision of the state or its officers, agents, and 16 employees; 17 (3) any organization authorized to prevent, control, or suppress fires; 18 or 19 (4) others assisting in the control or suppression of fires at the request 20 of an officer or employee of the United States or the state. 21 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. This Act applies to all claims and causes of action accruing on or 24 after the effective date of this Act. 25 * Sec. 15. This Act takes effect immediately under AS 01.10.070(c).