CSHB 245(JUD): "An Act relating to certain suits and claims by members of the military services; relating to certain suits and claims regarding acts or omissions of the organized militia; relating to workers' compensation and death benefits for members of the organized militia; relating to liability arising out of certain search and rescue, civil defense, fire management, and fire fighting activities; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 245(JUD) 01 "An Act relating to certain suits and claims by members of the military services; 02 relating to certain suits and claims regarding acts or omissions of the organized militia; 03 relating to workers' compensation and death benefits for members of the organized 04 militia; relating to liability arising out of certain search and rescue, civil defense, fire 05 management, and fire fighting activities; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 PURPOSE. The purpose of secs. 3 - 6 of this Act is to 10 (1) provide the State of Alaska and state military and other personnel, through 11 the immunity provided in this Act, with the same protection from civil actions for damages 12 that the federal government and federal military personnel are provided under federal case law 13 and statute;
01 (2) ensure that military service decisions are based on the judgment and needs 02 of the militia rather than on concerns for possible tort exposure; 03 (3) recognize that injured military service members or their families are 04 entitled to various federal military and veterans' benefits for injuries or death occurring in the 05 course of the member's military service for the Alaska National Guard while not on state 06 active duty; 07 (4) recognize that the federal government and not the State of Alaska is 08 responsible for providing benefits to injured military service members or their families for 09 injuries or death occurring in the course of the member's military service for the Alaska 10 National Guard while not on state active duty; and 11 (5) recognize that the federal government and not the State of Alaska is 12 responsible for property damage, injuries, or death, resulting from the acts or omissions of 13 members of the Alaska National Guard who are under the command of the federal 14 government. 15 * Sec. 2. AS 18.60 is amended by adding a new section to read: 16 Sec. 18.60.125. Civil immunity. A person may not bring a civil action for 17 damages against the state, a political subdivision of the state, or the officers, agents, or 18 employees of the state or a political subdivision of the state for a death, personal 19 injury, or property damage that results from an act or omission in performing or failing 20 to perform activities or duties authorized under AS 18.60.120 - 18.60.175. 21 * Sec. 3. AS 26.05.140 is amended by adding a new subsection to read: 22 (b) The state has not waived its sovereign immunity and is not liable for the 23 acts or omissions of members of the organized militia, unless those members were 24 ordered into active state service by the governor under AS 26.05.070 and the members 25 were acting in the line of duty of those orders. 26 * Sec. 4. AS 26.05 is amended by adding a new section to read: 27 Sec. 26.05.145. Suits by members of the military services. (a) A civil 28 action for damages may not be brought by or on behalf of a member of the military 29 services against the state or against any employee of the state or any member or 30 former member of the Alaska militia for wrongful death, personal injury, or other tort 31 claim or injury arising out of activities that were incident to the member's military
01 service. 02 (b) In this section, "military service" means service in the United States 03 military, the militia described in AS 26.05.010(b), or the national guard of another 04 state. 05 * Sec. 5. AS 26.05.260(d) is amended to read: 06 (d) A member of the organized militia who, while performing duties under 07 AS 26.05.070, including transit to and from the member's home of record, suffers an 08 injury or disability in the line of duty is entitled to all compensation and benefits 09 available under AS 23.30 (Alaska Workers' Compensation Act). For a member of the 10 Alaska State Defense Force, compensation and benefits under this subsection are 11 provided as though the member were a state employee. A member of the organized 12 militia who has not been ordered into active state service by the governor under 13 AS 26.05.070 is not entitled to compensation and benefits under AS 23.30 (Alaska 14 Workers' Compensation Act). 15 * Sec. 6. AS 26.05.260(e) is amended to read: 16 (e) If a member of the organized militia dies as a result of an injury or 17 disability suffered in the line of duty while performing duties under AS 26.05.070, 18 including transit to and from the member's home of record, death benefits shall be paid 19 to the persons in the amounts specified in AS 23.30.215. For a member of the Alaska 20 State Defense Force, the death benefits under this subsection are provided as though 21 the member were a state employee. A person is not entitled to death benefits as 22 specified in AS 23.30.215 for a member of the organized militia who dies as a 23 result of an injury or disability suffered in the line of duty but who had not been 24 ordered into active state service by the governor under AS 26.05.070. 25 * Sec. 7. AS 26.20.140 is amended to read: 26 Sec. 26.20.140. Immunity of government, [AND] employees, and 27 authorized volunteers or other persons. (a) The [NEITHER THE] state, a [NOR 28 ANY] district of the state, and [NOR] the employees, agents, or representatives of the 29 state or district are not [, IS] liable for personal injury or property damage sustained 30 by any person appointed or acting as a [VOLUNTEER] civilian defense worker. This 31 provision does not affect the right of a person to receive benefits or compensation to
01 which the person might otherwise be entitled under the workers' compensation law or 02 a pension law or an Act of Congress. 03 (b) The [NEITHER THE] state, a [NOR] district [PERSONNEL] of the state, 04 an employee, agent, or representative [NOR, EXCEPT IN CASES OF WILFUL 05 MISCONDUCT, GROSS NEGLIGENCE, OR BAD FAITH, THE EMPLOYEES, 06 AGENTS, OR REPRESENTATIVES] of the state or a district, or [NOR] a volunteer 07 or auxiliary civilian defense worker or member of an agency engaged in civilian 08 defense activity, complying with or reasonably attempting to comply with this chapter 09 [,] or an order or regulation adopted under this chapter, or under an ordinance relating 10 to blackout or other precautionary measures enacted by a district director of the state, 11 is not liable for the death of or injury to persons, or for damage to property, as a result 12 of the activity, except when malice or reckless indifference to the interests, rights, 13 or safety of others is shown by clear and convincing evidence. 14 * Sec. 8. AS 26.20.140 is amended by adding a new subsection to read: 15 (c) In this section, "civilian defense worker" means a worker engaged in a 16 civil defense activity in an official capacity or at the direction of the state, including 17 (1) an officer or employee of the state, a municipality or other political 18 subdivision of the state, or a governmental instrumentality of the state; 19 (2) a member of a board, commission, or task force created by statute 20 or by legislative, judicial, or administrative action by the state, a municipality or other 21 political subdivision of the state, or a governmental instrumentality of the state; 22 (3) a contractor to the state, a municipality or other political 23 subdivision of the state, or a governmental instrumentality of the state, or an officer or 24 employee of the contractor; 25 (4) an officer or a member of the state's organized militia on active 26 state service under AS 26.05.070; 27 (5) an officer or employee of another state; and 28 (6) a volunteer authorized by the state, a municipality or other political 29 subdivision of the state, or a federal agency to engage in a civil defense activity. 30 * Sec. 9. AS 26.20.200(1) is amended to read: 31 (1) "civil defense" means the protection and defense of the civilian
01 population by the organized efforts of the residents of the state other than those in the 02 military service, and includes without limitation, fire fighting, policing, rescue, air raid 03 warning, security, communications, medical service, vaccination and other actions 04 to protect public health, transportation, evacuation of persons, welfare aid, guard 05 duty, anti-espionage and anti-sabotage service, construction of temporary housing and 06 bomb proof shelters, [AND] any other service necessary for the protection of and aid 07 to the public not normally furnished by the military services, and training, 08 preparation, travel, and other activities necessary for the provision of the services 09 described in this paragraph; 10 * Sec. 10. AS 26.23.210 is amended by adding a new subsection to read: 11 (c) The provisions of AS 26.20.140, providing for immunity of government, 12 employees, and other authorized persons in certain circumstances, apply when the 13 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 14 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 15 providing assistance to the state under a compact in a form substantially as contained 16 in AS 26.23.136. 17 * Sec. 11. AS 41.15 is amended by adding a new section to read: 18 Sec. 41.15.045. Civil immunity. Notwithstanding other provisions of law, a 19 person may not bring a civil action for damages for death, personal injury, or property 20 damage that results from an act or omission in performing or failing to perform 21 activities or duties arising out of prevention, monitoring, control, or suppression of 22 fires authorized to be performed under AS 41.15.010 - 41.15.170 against 23 (1) the state or its officers, agents, and employees; 24 (2) a political subdivision of the state or its officers, agents, and 25 employees; 26 (3) any organization authorized to prevent, control, or suppress fires; 27 or 28 (4) others assisting in the control or suppression of fires at the request 29 of an officer or employee of the United States or the state. 30 * Sec. 12. AS 41.17 is amended by adding a new section to read: 31 Sec. 41.17.081. Civil immunity. Notwithstanding other provisions of law, a
01 person may not bring a civil action for damages for death, personal injury, or property 02 damage that results from an act or omission in performing or failing to perform 03 activities or duties arising out of prevention, monitoring, control, or suppression of 04 fires authorized to be performed under regulations adopted under AS 41.17.080(a)(8) 05 against 06 (1) the state or its officers, agents, and employees; 07 (2) a political subdivision of the state or its officers, agents, and 08 employees; 09 (3) any organization authorized to prevent, control, or suppress fires; 10 or 11 (4) others assisting in the control or suppression of fires at the request 12 of an officer or employee of the United States or the state. 13 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. This Act applies to all claims and causes of action accruing on or 16 after the effective date of this Act. 17 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).