00SENATE BILL NO. 305                                                                                                   
01 "An Act relating to wildfires and other natural disasters."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 11.56.210(a) is amended to read:                                                                  
04  (a)  A person commits the crime of unsworn falsification if, with the intent to                                       
05 mislead a public servant in the performance of a duty, the person                                                       
06    (1)   submits a false written or recorded statement  that  [WHICH] the                                          
07 person does not believe to be true                                                                                      
08    (A)  [(1)]  in an application for a benefit; or                                                                  
09    (B)  [(2)]  on a form bearing notice, authorized by law, that false                                              
10 statements made in it are punishable ; or                                                                              
11   (2)  makes a false statement that a person is a resident or property                                                 
12 owner in an area threatened or affected by wildfire or natural disaster under                                           
13 AS 18.70.500 .                                                                                                         
14    * Sec. 2.  AS 18.70 is amended by adding a new section to read:                                                    

01 Article 3A. Areas Threatened or Affected by Wildfires and Natural Disasters.                                          
02  Sec. 18.70.500.  Rights of a resident or property owner of an area                                                   
03 threatened by wildfire or natural disaster.  (a)  Notwithstanding a provision of this                                  
04 chapter or another law giving a law enforcement officer, firefighter, emergency                                         
05 medical provider, or other public safety official the authority to evacuate, close, or                                  
06 blockade an area threatened or affected by a wildfire or other natural disaster, and                                    
07 except when martial law or a disaster emergency order or proclamation has been issued                                   
08 under AS 26, an adult resident or property owner of the threatened or affected area                                     
09   (1)  may refuse to evacuate the area, except that a person may not refuse                                            
10 to evacuate an area if the person is the parent, guardian, or custodian of a child under                                
11 15 years of age and the child is with the person;                                                                       
12   (2)  shall be permitted to enter or reenter the threatened or affected area                                          
13 if                                                                                                                      
14   (A)  the entry or reentry is subject to and does not interfere with                                                 
15 the actions of or use of the roads and other means of access by fire, law                                               
16 enforcement, or emergency vehicles; and                                                                                 
17   (B)  the resident or property owner provides satisfactory proof                                                     
18 of residency or ownership; in this subparagraph, "satisfactory proof of                                                 
19 residency or ownership" means                                                                                           
20    (i)  an identification card or document, or a combination                                                          
21 of cards or documents, that contains a photograph and lists the person's address                                        
22 as within the threatened or affected area; or                                                                           
23    (ii)  the personal identification of, and vouching for, the                                                        
24 resident or owner by another resident or owner of the threatened or affected                                            
25 area whose identification has been established under (i) of this subparagraph.                                          
26  (b)  A resident or owner who falsely vouches for the identity of another person                                       
27 under (a)(2)(B)(ii) of this section is legally and financially responsible for the actions                              
28 of that person if that person violates a law within the threatened or affected area.                                    
29  (c)  Notwithstanding another provision of law, the state, a municipality, a fire                                      
30 department, an emergency medical, rescue, or emergency services organization or an                                      
31 employee or volunteer of the state, a municipality, a fire department, or an emergency                                  

01 medical, rescue, or emergency services organization is not liable for the injury or death                               
02 of a person who (1) refuses to evacuate, or (2) enters or reenters an area threatened or                                
03 affected by a wildfire or natural disaster.