00                            HOUSE BILL NO. 359                                                                          
01 "An Act relating to certain civil actions by or on behalf of members of the military                                    
02 services; and providing for an effective date."                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       PURPOSE.  The purpose of this Act is to permit a civil action by or on behalf of a                                
07 member of the military services against the state, except when the state is immune from the                             
08 suit under the doctrine of intramilitary immunity, so that a member of the military services                            
09 may bring suit for nonmilitary acts by the state to the same extent as suits may be brought by                          
10 a nonmilitary person.                                                                                                   
11    * Sec. 2.  AS 26.05.145(a) is amended to read:                                                                     
12            (a)  A civil action for damages may not be brought by or on behalf of a                                      
13       member of the military services against the state in its capacity as the employer of                          
14       members of the organized militia or against any [EMPLOYEE OF THE STATE OR                                     

01       ANY] member or former member of the Alaska militia for wrongful death, personal                                   
02       injury, or other tort claim or injury arising out of activities that were incident to the                         
03       member's military service.                                                                                        
04    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
05 read:                                                                                                                   
06       RETROACTIVITY.  As it applies to suits against the state, sec. 1 of this Act is                                   
07 retroactive to September 4, 2003.                                                                                       
08    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).