CSSB 43(CRA): "An Act relating to immunity for a fire department and employees or members of a fire department."
00 CS FOR SENATE BILL NO. 43(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 AS 09.65.070(c) is repealed and reenacted to read: 05 (c) An action for tort or breach of a contractual duty based on the act or 06 omission of an employee or member of a fire department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 In this subsection, "fire department" means a fire department that is 13 (1) operated and maintained by a municipality or village; or 14 (2) registered with the state fire marshal that provides services under
01 contract or agreement with a municipality or village. 02 * Sec. 2. AS 09.65.070(d) is amended to read: 03 (d) Notwithstanding (c) of this section, an [AN] action for damages may not 04 be brought against a municipality or any of its agents, officers, or employees if the 05 claim 06 (1) is based on a failure of the municipality, or its agents, officers, or 07 employees, when the municipality is neither owner nor lessee of the property 08 involved, 09 (A) to inspect property for a violation of any statute, regulation, 10 or ordinance, or a hazard to health or safety; 11 (B) to discover a violation of any statute, regulation, or 12 ordinance, or a hazard to health or safety if an inspection of property is made; 13 or 14 (C) to abate a violation of any statute, regulation, or ordinance, 15 or a hazard to health or safety discovered on property inspected; 16 (2) is based upon the exercise or performance or the failure to exercise 17 or perform a discretionary function or duty by a municipality or its agents, officers, or 18 employees, whether or not the discretion involved is abused; 19 (3) is based upon the grant, issuance, refusal, suspension, delay, or 20 denial of a license, permit, appeal, approval, exception, variance, or other entitlement, 21 or a rezoning; 22 (4) is based on the exercise or performance during the course of 23 gratuitous extension of municipal services on an extraterritorial basis; 24 (5) is based upon the exercise or performance of a duty or function 25 upon the request of, or by the terms of an agreement or contract with, the state to meet 26 emergency public safety requirements; or 27 (6) is based on the exercise or performance of a duty in connection 28 with an enhanced 911 emergency system and is not based on an intentional act of 29 misconduct or on an act of gross negligence.