HB 359: "An Act relating to certain civil actions by or on behalf of members of the military services; and providing for an effective date."
00 HOUSE BILL NO. 359 01 "An Act relating to certain civil actions by or on behalf of members of the military 02 services; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE. The purpose of this Act is to permit a civil action by or on behalf of a 07 member of the military services against the state, except when the state is immune from the 08 suit under the doctrine of intramilitary immunity, so that a member of the military services 09 may bring suit for nonmilitary acts by the state to the same extent as suits may be brought by 10 a nonmilitary person. 11 * Sec. 2. AS 26.05.145(a) is amended to read: 12 (a) A civil action for damages may not be brought by or on behalf of a 13 member of the military services against the state in its capacity as the employer of 14 members of the organized militia or against any [EMPLOYEE OF THE STATE OR
01 ANY] member or former member of the Alaska militia for wrongful death, personal 02 injury, or other tort claim or injury arising out of activities that were incident to the 03 member's military service. 04 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 RETROACTIVITY. As it applies to suits against the state, sec. 1 of this Act is 07 retroactive to September 4, 2003. 08 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).