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CSHB 488(L&C): "An Act relating to actionable claims against state employees; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 488(L&C)                                                                    
01 "An Act relating to actionable claims against state employees; and providing for an                                     
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.50 is amended by adding a new section to read:                                                 
05            Sec. 09.50.253.  Actionable claims against state employees.  (a)  Except as                                
06       provided in (f) of this section, the remedy against the state provided by AS 09.50.250                            
07       for injury or loss of property or personal injury or death arising or resulting from an                           
08       act or omission of a state employee while acting within the scope of the employee's                               
09       office or employment is exclusive of any other civil action or proceeding for money                               
10       damages by reason of the same subject matter against the employee whose act or                                    
11       omission gave rise to the claim or against the estate of the employee.  Any other civil                           
12       action or proceeding for money damages arising out of or relating to the same subject                             
13       matter against the employee or the employee's estate is precluded without regard to                               
14       when the act or omission occurred.                                                                                
01            (b)  A state employee against whom a civil action or proceeding is brought                                   
02       under (a) of this section shall deliver all pleadings and process served upon the                                 
03       employee, or a copy of the papers served, to the person designated by the head of the                             
04       employee's agency to receive the papers and to the attorney general.  The state                                   
05       employee shall deliver these documents within the time period established by the                                  
06       attorney general in a regulation adopted under this section.  The initial delivery of                             
07       these documents to the attorney general constitutes an agreement by the employee to                               
08       cooperate with the attorney general in the state employee's defense of the action or                              
09       proceeding and a consent that the attorney general conduct the defense as the attorney                            
10       general considers advisable and in the best interests of the employee, including                                  
11       settlement in the attorney general's discretion.                                                                  
12            (c)  Upon certification by the attorney general that the state employee was                                  
13       acting within the scope of the employee's office or employment at the time of the                                 
14       incident out of which the claim arose, any civil action or proceeding commenced upon                              
15       the claim in a state court is considered an action or proceeding against the state under                          
16       the provisions of this title, and the state is substituted as the party defendant.  The civil                     
17       action or proceeding certified under this subsection is subject to the same limitations                           
18       and defenses applicable to an action or proceeding against the state.  The attorney                               
19       general or the attorney general's designee shall defend the civil action or proceeding                            
20       on behalf of the state.                                                                                           
21            (d)  If the attorney general refuses to make the certification under (c) of this                             
22       section, the state employee may, at any time before trial, petition the superior court to                         
23       find and certify that the employee was acting within the scope of the employee's office                           
24       or employment at the time of the incident out of which the claim arose.  Upon                                     
25       certification by the court, the civil action is considered to be a civil action or                                
26       proceeding brought against the state under the provisions of this title, and the state is                         
27       substituted as the party defendant.  Upon certification by the court, the state shall                             
28       reimburse the state employee the employee's reasonable costs and attorney fees                                    
29       incurred in bringing the petition.  A copy of the petition under this subsection shall be                         
30       served upon the state in accordance with the provisions of Rule 4(d)(7), Alaska Rules                             
31       of Civil Procedure.  The petition to the superior court is the exclusive remedy to                                
01       challenge the noncertification decision by the attorney general of a state employee                               
02       under this section.                                                                                               
03            (e)  A claim or suit for damages may not be filed against the state or the                                   
04       attorney general arising out of the process for certification under this section.                                 
05            (f)  This section does not extend or apply to a civil action or proceeding against                           
06       an employee of the state that is brought for a violation of the Constitution of the                               
07       United States or that is brought for a violation of a law of the state under which an                             
08       action or proceeding against an employee is expressly authorized.                                                 
09            (g)  The provisions of this section are in addition to and do not supercede a                                
10       term in a state employee collective bargaining agreement addressing legal defense and                             
11       indemnity.                                                                                                        
12            (h)  In this section,                                                                                        
13                 (1)  "acting within the scope of the employee's office or employment"                                   
14       means acts or omissions                                                                                           
15                      (A)  that the state employee is employed or authorized to                                          
16            perform;                                                                                                     
17                      (B)  of the state employee that occur substantially within the                                     
18            authorized time and space limit;                                                                             
19                      (C)  that are activated by a purpose to serve the state; and                                       
20                      (D)  that do not constitute acting, or failing to act, with wilful,                                
21            reckless, or intentional misconduct, or with gross negligence or malice;                                     
22                 (2)  "state employee"                                                                                   
23                      (A)  means                                                                                         
24                           (i)  a permanent, probationary, seasonal, temporary,                                          
25                 provisional, or nonpermanent employee in the executive, legislative, or                                 
26                 judicial branch of state government, whether in the classified, partially                               
27                 exempt, or exempt service; or                                                                           
28                           (ii)  a person appointed to a board or commission of                                          
29                 state government;                                                                                       
30                      (B)  does not include an employee of                                                               
31                           (i)  the University of Alaska;                                                                
01                           (ii)  the Alaska Railroad Corporation; or                                                     
02                           (iii)  a political subdivision of the state, including a                                      
03                 regional educational attendance area.                                                                   
04    * Sec. 2.  AS 09.50.300 is amended to read:                                                                        
05            Sec. 09.50.300.  Compromise by attorney general.  Except as provided in                                  
06       AS 09.50.253, the [THE] attorney general may, with the approval of the court,                                 
07       arbitrate, compromise, or settle any action filed under AS 09.50.250 - 09.50.300.                                 
08    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       APPLICABILITY.  This Act applies to a cause of action that arose on or after the                                  
11 effective date of this Act.                                                                                             
12    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
13 read:                                                                                                                   
14       REVISOR'S INSTRUCTIONS.  The revisor of statutes is instructed to change the                                      
15 heading of art. 3 of AS 09.50 from "Article 3. Claims Against State" to "Article 3. Claims                              
16 Against the State or State Employees."                                                                                  
17    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).