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