Section 09.50.250. Actionable claims against the state.

A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section except as set out in AS 44.77.040(c). A person who may bring an action under AS 36.30.560 - 36.30.695 may not bring an action under this section except as set out in AS 36.30.685. However, an action may not be brought if the claim
        (1) is an action for tort, and is based upon an act or omission of an employee of the state exercising due care in the execution of a statute or regulation, whether or not the statute or regulation is valid; or is an action for tort, and based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state agency or an employee of the state, whether or not the discretion involved is abused;
        (2) is for damages caused by the imposition or establishment of, or the failure to impose or establish, a quarantine or isolation, or by other actions, by the state or its agents, officers, or employees under AS 18.15.355 - 18.15.395, except for damages caused by negligent medical treatment provided under AS 18.15.355 - 18.15.395 by a state employee, or except that, if a state employee quarantines or isolates a person with gross negligence or in intentional violation of AS 18.15.385, the state shall pay to the person who was quarantined or isolated a penalty of $500 for each day of the improper quarantine;
        (3) arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights;
        (4) arises out of the use of an ignition interlock device certified under AS 33.05.020(c); or
        (5) arises out of injury, illness, or death of a seaman that occurs or manifests itself during or in the course of, or arises out of, employment with the state; AS 23.30 provides the exclusive remedy for such a claim, and no action may be brought against the state, its vessels, or its employees under the Jones Act (46 U.S.C. 30104 - 30105), in admiralty, or under the general maritime law.

Authorities

9.50.253; 9.50.300; 9.65.245;14.40.458;18.65.340;19.30.420;29.35.133;44.77.015;44.77.040

Notes

References

2 AAC 25.080
AS 9.50.253 .253">Sec. 09.50.253. Actionable claims against state employees.
AS 9.50.300 .300">Sec. 09.50.300. Compromise by attorney general.
AS 9.65.245 .245">Sec. 09.65.245. Immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants.
AS 14.40.458 University corporate interests.
AS 18.65.340 Disposal of firearms and ammunition by the state and municipalities.
AS 19.30.420 Immunity from liability for damages; risk of use of right-of-way acquired under former 43 U.S.C. 932.
AS 29.35.133 Immunity for 911 systems.
AS 44.77.015 Claims for medical services.
AS 44.77.040 Hearing and judgment on appeal to department.

History

(Sec. 26.01 ch 101 SLA 1962; am Sec. 1 ch 30 SLA 1965; am Sec. 5 ch 106 SLA 1986; am Sec. 1 ch 57 SLA 1989; am Sec. 1 ch 119 SLA 1992; am Sec. 9 ch 32 SLA 1997; am Sec. 1 ch 30 SLA 2003; am Sec. 2 ch 54 SLA 2005; am Sec. 12 ch 40 SLA 2008)