00 CS FOR SENATE BILL NO. 45(JUD)                                                                                        
01 "An Act providing that a person who grants certain conservation easements to                                            
02 the state that provide public access for recreational purposes is immune from tort                                      
03 liability, other than gross negligence or reckless or intentional misconduct, for                                       
04 damages to a person who uses the easement under certain conditions; relating to                                         
05 the vacation by the state or a municipality of rights-of-way acquired by the state                                      
06 under former 43 U.S.C. 932; and providing for an effective date."                                                       
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
08    * Section 1.  AS 19.30.410 is amended to read:                                                                     
09  Sec. 19.30.410.  Vacation of rights-of-way.  Notwithstanding another provision                                      
10 of law, the Department of Natural Resources, the Department of Transportation and                                       
11 Public Facilities, or another agency of the state may not vacate a right-of-way acquired                                
12 by the state under former 43 U.S.C. 932 unless                                                                          
13   (1)  a reasonably comparable, established alternate right-of-way or                                                  
14 means of access exists that is sufficient to satisfy all present and reasonably                                         
01 foreseeable uses;                                                                                                       
02   (2)  the right-of-way is within a municipality, the municipal assembly                                               
03  or council  has requested the vacation, a reasonable alternative means of access is                                  
04 available, and the vacation is in the best interests of the state; or                                                   
05   (3)  the vacation is approved by the legislature.                                                                    
06    * Sec. 2.  AS 29.10.200 is amended by adding a new paragraph to read:                                              
07   (59)  AS 29.35.090(b) (certain vacations of rights-of-way prohibited).                                               
08    * Sec. 3.  AS 29.35.090 is amended by adding a new subsection to read:                                             
09  (b)  Notwithstanding AS 29.40.160 or other provisions of law, a municipality                                          
10 may not vacate a right-of-way acquired by the state under former 43 U.S.C. 932.  This                                   
11 subsection applies to home rule and general law municipalities.                                                         
12    * Sec. 4.  AS 34.17 is amended by adding a new section to read:                                                    
13  Sec. 34.17.055.  Tort immunity from personal injuries or death occurring                                             
14 on land subject to a conservation easement.  In addition to the immunity provided                                      
15 by AS 09.65.200, an owner of land subject to a conservation easement that is 50 feet                                    
16 or less in width, that has been granted to and accepted by the state, and that provides                                 
17 public access for recreational purposes on the land subject to the conservation                                         
18 easement is not liable in tort, except for an act or omission that constitutes gross                                    
19 negligence or reckless or intentional misconduct, for damages to a person who uses the                                  
20 easement to enter onto or remain on the land subject to the easement if                                                 
21   (1)  the person had no responsibility to compensate the owner for the                                                
22 person's use of the easement or the land; and                                                                           
23   (2)  the damages arise out of the person's use of the easement for                                                   
24 recreational purposes on the land.                                                                                      
25    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).