HB 425: "An Act relating to wildfires and other natural disasters."
00 HOUSE BILL NO. 425 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 in an area 12 threatened or affected by wildfire or natural disaster under AS 18.70.500 in 13 order to enter or reenter the area. 14 * Sec. 2. AS 18.70 is amended by adding a new section to read: 15 Article 3A. Areas Threatened or Affected by Wildfires and Natural Disasters.
01 Sec. 18.70.500. Rights of a resident of an area threatened by wildfire or 02 natural disaster. (a) Notwithstanding a provision of this chapter or another law 03 giving a law enforcement officer, firefighter, emergency medical provider, or other 04 public safety official the authority to evacuate, close, or blockade an area threatened or 05 affected by a wildfire or other natural disaster that presents a clear and immediate 06 threat to the safety of residents or emergency responders, and except when martial law 07 or a disaster emergency order or proclamation has been issued under AS 26, a resident 08 of the threatened or affected area who appears to be capable of making a reasonable 09 and informed decision 10 (1) may refuse to evacuate the area if the person is informed that 11 (A) further opportunities to evacuate may not be available; 12 (B) the person may be liable for injury or death to responders 13 or other persons endangered by the person's decision to stay; and 14 (C) no other attempt to rescue or evacuate the person will be 15 made; 16 (2) shall be permitted to enter or reenter the threatened or affected area 17 if 18 (A) the entry or reentry is subject to and does not interfere with 19 the actions of or use of the roads and other means of access by fire, law 20 enforcement, or emergency vehicles; 21 (B) the resident provides satisfactory proof of residency in the 22 area; and 23 (C) the resident is informed that entry or reentry is at the 24 resident's own risk, that no attempt to rescue or evacuate the resident will be 25 made; that evacuation opportunities may not be further available, and that the 26 person may be liable for injury or death to other persons or responders 27 endangered by the person's entry or reentry. 28 (b) Notwithstanding another provision of law, the state, a municipality, a fire 29 department, an emergency medical, rescue, or emergency services organization or an 30 employee or volunteer of the state, a municipality, a fire department, or an emergency 31 medical, rescue, or emergency services organization is not liable for the injury or
01 death of a person who (1) refuses to evacuate, or (2) enters or reenters an area 02 threatened or affected by a wildfire or natural disaster. 03 (c) The Department of Natural Resources, after consultation with the 04 Department of Public Safety and the Department of Military and Veterans' Affairs, 05 may adopt regulations to implement this section.