00                      CS FOR SENATE BILL NO. 43(JUD)                                                                    
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 AS 09.65.070(c) is repealed and reenacted to read:                                                    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 or                           
12       is based on the act or omission of an employee or member of a fire department in the                              
13       execution of a duty under contract with a private entity. In this subsection, "fire                               
14       department" means a fire department that is                                                                       

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