00                      CS FOR HOUSE BILL NO. 104(CRA)                                                                    
01 "An Act relating to immunity for a fire department and employees or members of a fire                                   
02 department."                                                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 09.65.070(c) is repealed and reenacted to read:                                                    
05            (c)  An action for tort or breach of a contractual duty based on the act or                                  
06       omission of an employee or member of a fire department in the execution of a function                             
07       for which the department is established may not be maintained against an employee or                              
08       member of a fire department. An action for tort or breach of a contractual duty based                             
09       on the act or omission of an employee or member of a fire department in the execution                             
10       of a function for which the department is established may not be maintained against a                             
11       fire department unless the action alleges intentional misconduct or gross negligence.                             
12       This subsection does not apply to an action for tort or breach of a contractual duty                              
13       based on the act or omission of an employee or member of a fire department in the                                 
14       execution of a duty under contract with a private entity. In this subsection, "fire                               

01       department" means a fire department that is                                                                       
02                 (1)  operated and maintained by a municipality or village; or                                           
03                 (2)  registered with the state fire marshal and provides services under                                 
04       contract or agreement with a municipality or village.                                                             
05    * Sec. 2. AS 09.65.070(d) is amended to read:                                                                      
06            (d)  Notwithstanding (c) of this section, an [AN] action for damages may not                             
07       be brought against a municipality or any of its agents, officers, or employees if the                             
08       claim                                                                                                             
09                 (1)  is based on a failure of the municipality, or its agents, officers, or                             
10       employees, when the municipality is neither owner nor lessee of the property                                      
11       involved,                                                                                                         
12                      (A)  to inspect property for a violation of any statute, regulation,                               
13            or ordinance, or a hazard to health or safety;                                                               
14                      (B)  to discover a violation of any statute, regulation, or                                        
15            ordinance, or a hazard to health or safety if an inspection of property is made;                             
16            or                                                                                                           
17                      (C)  to abate a violation of any statute, regulation, or ordinance,                                
18            or a hazard to health or safety discovered on property inspected;                                            
19                 (2)  is based upon the exercise or performance or the failure to exercise                               
20       or perform a discretionary function or duty by a municipality or its agents, officers, or                         
21       employees, whether or not the discretion involved is abused;                                                      
22                 (3)  is based upon the grant, issuance, refusal, suspension, delay, or                                  
23       denial of a license, permit, appeal, approval, exception, variance, or other entitlement,                         
24       or a rezoning;                                                                                                    
25                 (4)  is based on the exercise or performance during the course of                                       
26       gratuitous extension of municipal services on an extraterritorial basis;                                          
27                 (5)  is based upon the exercise or performance of a duty or function                                    
28       upon the request of, or by the terms of an agreement or contract with, the state to meet                          
29       emergency public safety requirements; or                                                                          
30                 (6)  is based on the exercise or performance of a duty in connection                                    
31       with an enhanced 911 emergency system and is not based on an intentional act of                                   

01       misconduct or on an act of gross negligence.