2003-04-04                     Senate Journal                      Page 0705
        Suits Arising From Fire Management and Firefighting Activities                           
                       (Sections 12 and 13 of the bill)                                          
                                                                                                    
By statute, the commissioner of natural resources (commissioner) is                                 
authorized to provide for fire management and firefighting activities                               
throughout the state, including preventing, monitoring, suppressing, or                             
controlling forest fires. The commissioner, through the division of                                 
forestry, provides for fire management and firefighting activities. The                             
division of forestry's authority to prevent, monitor, suppress, or control                          
forest fires is one aspect of its authority to manage state forest                                  
resources. The division of forestry is asked to respond to forest fires in                          
various geographic areas and population zones in Alaska, which often                                
occur simultaneously during the fire season. When responding to a                                   
given fire, authorities cannot forget other fires that may be burning                               
simultaneously or that may soon occur. The division of forestry's fire                              
prevention, monitoring, control, or suppression decisions are                                       
complicated decisions that involve an evolving, and primarily                                       
emergency, situation.                                                                               
                                                                                                    
The Alaska Supreme Court, in tandem decisions issued in 2001, ruled                                 
that the State of Alaska may be sued and held liable for tort claims for                            
losses due to fire suppression efforts. These decisions open the door to                            
significant financial exposure to the state for losses due to fires. The                            
Alaska Supreme Court departed from substantial precedent                                            
immunizing such activities.                                                                         
                                                                                                    
Decisions regarding forest management related to fire control and                                   
suppression should be prompted by sound forestry and firefighting                                   
principles, rather than concerns regarding possible tort liability.                                 
Litigation of such claims inherently disrupts the division of forestry's                            
day-to-day operations and diverts substantial state resources to defend                             
such lawsuits. At the same time such litigation will not reduce the                                 
number of future fires, nor will it increase the resources available to                             
fight such fires.                                                                                   
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
Sincerely,                                                                                          
/s/                                                                                                 
Frank H. Murkowski                                                                                  
Governor