SB 43-IMMUNITY FOR FIRE DEPT. & MEMBERS  1:38:40 PM CHAIR MCGUIRE announced the consideration of SB 43. "An Act relating to immunity for a fire department and employees or members of a fire department." SENATOR COGHILL, speaking as sponsor, explained that SB 43 addresses immunity for fire departments. In the Interior some volunteer fire departments contract with local governments to provide services and they aren't given the same immunity protection from liability as the employees of fire departments operated by municipalities. He deferred further explanation to Mr. Shilling. 1:40:11 PM SENATOR COGHILL motioned to adopt the proposed committee substitute for SB 43, labeled 29-LS0325\P, as the working document. 1:41:01 PM At ease 1:41:36 PM CHAIR MCGUIRE reconvened the meeting and announced that without objection, version P is before the committee. 1:42:00 PM JORDAN SHILLING, Staff, Senator John Coghill, explained that the language on page 1, lines 11-13, clarifies that the immunity does not apply if the legal action taken is based on an act or omission of an employee or member of a fire department in the execution of a duty under contract with a private entity. MR. SHILLING summarized the intent of the legislation paraphrasing from the following sponsor statement: Senate Bill 43 extends protections to certain types of fire departments. Under current law, employees of municipal fire departments receive immunity from liability. However, some fire departments, such as those in Fairbanks, Chugiak, and Girdwood, operate as volunteer-based non- profits that contract with local governments to provide services. These types of fire departments aren't similarly protected in statute (AS 09.65.070(c)). Liability protections should not be exclusive to employees of fire departments operated by municipalities and should be extended to include all fire departments that have a contractual relationship with local governments. Senate Bill 43 also extends immunity available to municipal fire departments and to contracted fire departments. While municipal fire departments already have some statutory protections, contract fire departments have none. Because the current statute does not protect them from liability, these fire departments, local governments, and ultimately taxpayers, are vulnerable. He reviewed the history of the statute. It was established in 1975 at the request of the Juneau Volunteer Fire Department, and was modeled after a law from Delaware. He noted that Fairbanks, Anchorage, and the firefighters themselves support the legislation. 1:45:51 PM SENATOR WIELECHOWSKI asked what the rewrite in Section 1 tries to do. MR. SHILLING replied the current statute only covers municipally operated fire departments. Section 1 on page 2, lines 2-3, redefines fire department to include fire departments that operate under contract or agreement with a municipality or village. SENATOR WIELECHOWSKI observed that the repealed and reenacted AS 09.65.070(c) is a lot longer than the current statute. MR. SHILLING clarified that the changes are to cover contract fire departments and to create an exception to the immunity for intentional misconduct or gross negligence. That language was lifted from the 911 statutes. SENATOR COGHILL added that these standards are not unusual in these types of circumstances. MR. SHILLING pointed out that AS 09.65.070(c) provides immunity primarily to staff of a fire department but also to the department itself and subsection (d) provides immunity to the department itself. CHAIR MCGUIRE asked Mr. Shilling to bring a copy of the existing AS 09.65.070(c) to the next hearing with the proposed substantial changes highlighted. 1:49:40 PM MITCH FLYNN, Fire Chief, Steese Volunteer Fire Department, Fairbanks, Alaska, said he works for a nonprofit in Fairbanks to provide fire and EMS services under contract to the Fairbanks North Star Borough. This past year he learned about the lack of immunity protection the fire department has because it is a contractor. This exposes the fire department to potential litigation and large judgments. He urged the committee to pass the legislation. 1:50:41 PM CHAIR MCGUIRE announced she would hold SB 43 in committee for further consideration.