Section 26.20.140. Immunity of government, employees, and authorized volunteers or other persons.

   (a) The state, a district of the state, and the employees, agents, or representatives of the state or district are not liable for personal injury or property damage sustained by any person appointed or acting as a civilian defense worker. This provision does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers' compensation law or a pension law or an Act of Congress.
   (b) The state, a district of the state, an employee, agent, or representative of the state or a district, or a volunteer or auxiliary civilian defense worker or member of an agency engaged in civilian defense activity, complying with or reasonably attempting to comply with this chapter or an order or regulation adopted under this chapter, or under an ordinance relating to blackout or other precautionary measures enacted by a district director of the state, is not liable for the death of or injury to persons, or for damage to property, as a result of the activity.
   (c) This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.
   (d) In this section, "civilian defense worker" means a worker engaged in a civil defense activity in an official capacity or at the direction of the state, including
        (1) an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;
        (2) a member of a board, commission, or task force created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;
        (3) a contractor to the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state, or an officer or employee of the contractor;
        (4) an officer or a member of the state's organized militia on active state service under AS 26.05.070;
        (5) an officer or employee of another state; and
        (6) a volunteer authorized by the state, a municipality or other political subdivision of the state, or a federal agency to engage in a civil defense activity.

Authorities

26.23.210

Notes

References

AS 26.23.210 Relationship to homeland security and civil defense laws.

History

(Sec. 17 ch 131 SLA 1951; am Sec. 7, 8 ch 43 SLA 2003)