00                HOUSE CS FOR CS FOR SENATE BILL NO. 43(JUD)                                                             
01 "An Act relating to immunity for a fire department and employees or members of a fire                                   
02 department."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 09.65 is amended by adding a new section to read:                                                  
05            Sec. 09.65.083. Civil liability of nonprofit and university fire departments.                              
06       (a) An action for tort or breach of a contractual duty based on the act or omission of an                         
07       employee or member of a nonprofit or university fire department in the execution of a                             
08       function for which the department is established may not be maintained against an                                 
09       employee or member of the nonprofit or university fire department.                                                
10            (b)  An action for tort or breach of a contractual duty based on the act or                                  
11       omission of an employee or member of a nonprofit or university fire department in the                             
12       execution of a function for which the department is established may not be maintained                             
13       against the nonprofit or university fire department unless the action                                             
14                 (1)  alleges intentional misconduct or gross negligence; or                                             

01                 (2)  is based on the act or omission of an employee or member of the                                    
02       nonprofit or university fire department in the execution of a duty under contract with a                          
03       private entity.                                                                                                   
04            (c)  The immunity afforded by this section is in addition to any immunity                                    
05       under other law.                                                                                                  
06            (d)  This section does not limit the authority of a municipality or village to                               
07       maintain an action against a contractor, vendor, or supplier providing services or                                
08       goods to the municipality or village.                                                                             
09            (e)  In this section,                                                                                        
10                 (1)  "nonprofit or university fire department" means a fire department                                  
11       registered with the state fire marshal that is                                                                    
12                      (A)  operated and maintained by a university; or                                                   
13                      (B)  a nonprofit that provides services under contract or                                          
14            agreement with a municipality or village;                                                                    
15                 (2)  "village" means an unincorporated community where at least 25                                      
16       people reside as a social unit.