Enrolled HB 320: Relating to search and rescue training and search and rescue parties; requiring certain search and rescue volunteers to be considered state employees for purposes of workers' compensation coverage; and allowing political subdivisions to elect to provide workers' compensation insurance coverage for search and rescue personnel.
00Enrolled HB 320 01 Relating to search and rescue training and search and rescue parties; requiring certain search 02 and rescue volunteers to be considered state employees for purposes of workers' 03 compensation coverage; and allowing political subdivisions to elect to provide workers' 04 compensation insurance coverage for search and rescue personnel. 05 _______________ 06 * Section 1. AS 18.60 is amended by adding a new section to article 2 to read: 07 Sec. 18.60.115. Search and rescue training. The commissioner of public 08 safety or the commissioner's designee may organize and conduct a search and rescue 09 training exercise to prepare for a response to a search and rescue activity under 10 AS 18.60.120. Only the commissioner or the commissioner's designee may authorize a 11 person to participate in a search and rescue training exercise under this section. 12 * Sec. 2. AS 18.60.120 is amended to read: 13 Sec. 18.60.120. Search and rescue parties. Upon being notified that a person 14 is lost, injured, killed, or is in need of immediate rescue, the commissioner of public
01 safety or a designee may appoint a competent person to organize, direct, and guide a 02 search and rescue party for the purpose of rescuing or retrieving the person or the 03 person's remains. Only the commissioner, the commissioner's designee, or the 04 person appointed to organize, direct, and guide a search and rescue party may 05 authorize a person to participate in the search and rescue party. 06 * Sec. 3. AS 18.60.125 is amended to read: 07 Sec. 18.60.125. Civil immunity. A person may not bring a civil action for 08 damages against the state, a political subdivision of the state, or the officers, agents, or 09 employees of the state or a political subdivision of the state for a death, personal 10 injury, or property damage that results from an act or omission in performing or failing 11 to perform activities or duties authorized under AS 18.60.115 - 18.60.175 12 [AS 18.60.120 - 18.60.175]. This section does not apply to a civil action for damages 13 as a result of intentional misconduct within the course and scope of employment or 14 agency and with complete disregard for the safety and property of others. 15 * Sec. 4. AS 18.60.175 is amended to read: 16 Sec. 18.60.175. Regulations. The Department of Public Safety shall adopt 17 regulations necessary to carry out the duties assigned by AS 18.60.115 - 18.60.170 18 [AS 18.60.120 - 18.60.170], including regulations dealing with the handling of 19 nonexpendable property purchased during a search or rescue mission and expenditures 20 of money for search and rescue. The regulations shall be adopted in accordance with 21 AS 44.62 (Administrative Procedure Act). 22 * Sec. 5. AS 23.30.092 is amended to read: 23 Sec. 23.30.092. Volunteer ambulance attendants', police officers', [AND] 24 fire fighters', and search and rescue personnel's insurance. A political subdivision 25 may elect to provide benefits and compensation to its volunteer ambulance attendants, 26 police officers, [OR] fire fighters, or search and rescue personnel by obtaining 27 insurance that would provide its volunteer ambulance attendants, police officers, [OR] 28 fire fighters, or search and rescue personnel with benefits and compensation at least 29 equivalent to those conferred upon volunteer ambulance attendants, police officers, 30 [OR] fire fighters, or search and rescue personnel by this chapter, and the election 31 shall be considered compliance with the coverage and insurance provisions of this
01 chapter. The election shall be made by filing copies of the insurance policy or policies 02 with the commissioner. 03 * Sec. 6. AS 23.30 is amended by adding a new section to read: 04 Sec. 23.30.246. Search and rescue personnel as state employees. (a) A 05 resident of the state who temporarily volunteers to participate in a search and rescue 06 training exercise or a search and rescue activity and who suffers injury or death during 07 the course and within the scope of training for or providing search and rescue services 08 is considered an employee of the state for purposes of this chapter if, at the time of the 09 injury or death, the volunteer 10 (1) is an authorized participant in a search and rescue training exercise 11 under AS 18.60.115 or a search and rescue activity under AS 18.60.120; and 12 (2) is not otherwise covered for that injury or death by an employer's 13 workers' compensation insurance policy or self-insurance certificate. 14 (b) Notwithstanding the methods for calculating an employee's gross weekly 15 earnings under AS 23.30.220, the gross weekly earnings for a resident of the state 16 temporarily engaged as a volunteer under (a) of this section are equal to the state 17 average weekly wage.