Bill Text 25th Legislature
- Session Laws
00 CS FOR HOUSE BILL NO. 320(FIN)
01 "An Act relating to search and rescue training and search and rescue parties; requiring
02 certain search and rescue volunteers to be considered state employees for purposes of
03 workers' compensation coverage; and allowing political subdivisions to elect to provide
04 workers' compensation insurance coverage for search and rescue personnel."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. AS 18.60 is amended by adding a new section to article 2 to read:
07 Sec. 18.60.115. Search and rescue training. The commissioner of public
08 safety or the commissioner's designee may organize and conduct a search and rescue
09 training exercise to prepare for a response to a search and rescue activity under
10 AS 18.60.120. Only the commissioner or the commissioner's designee may authorize a
11 person to participate in a search and rescue training exercise under this section.
12 * Sec. 2. AS 18.60.120 is amended to read:
13 Sec. 18.60.120. Search and rescue parties. Upon being notified that a person
14 is lost, injured, killed, or is in need of immediate rescue, the commissioner of public
01 safety or a designee may appoint a competent person to organize, direct, and guide a
02 search and rescue party for the purpose of rescuing or retrieving the person or the
03 person's remains. Only the commissioner, the commissioner's designee, or the
04 person appointed to organize, direct, and guide a search and rescue party may
05 authorize a person to participate in the search and rescue party.
06 * Sec. 3. AS 18.60.125 is amended to read:
07 Sec. 18.60.125. Civil immunity. A person may not bring a civil action for
08 damages against the state, a political subdivision of the state, or the officers, agents, or
09 employees of the state or a political subdivision of the state for a death, personal
10 injury, or property damage that results from an act or omission in performing or failing
11 to perform activities or duties authorized under AS 18.60.115 - 18.60.175
12 [AS 18.60.120 - 18.60.175]. This section does not apply to a civil action for damages
13 as a result of intentional misconduct within the course and scope of employment or
14 agency and with complete disregard for the safety and property of others.
15 * Sec. 4. AS 18.60.175 is amended to read:
16 Sec. 18.60.175. Regulations. The Department of Public Safety shall adopt
17 regulations necessary to carry out the duties assigned by AS 18.60.115 - 18.60.170
18 [AS 18.60.120 - 18.60.170], including regulations dealing with the handling of
19 nonexpendable property purchased during a search or rescue mission and expenditures
20 of money for search and rescue. The regulations shall be adopted in accordance with
21 AS 44.62 (Administrative Procedure Act).
22 * Sec. 5. AS 23.30.092 is amended to read:
23 Sec. 23.30.092. Volunteer ambulance attendants', police officers', [AND]
24 fire fighters', and search and rescue personnel's insurance. A political subdivision
25 may elect to provide benefits and compensation to its volunteer ambulance attendants,
26 police officers, [OR] fire fighters, or search and rescue personnel by obtaining
27 insurance that would provide its volunteer ambulance attendants, police officers, [OR]
28 fire fighters, or search and rescue personnel with benefits and compensation at least
29 equivalent to those conferred upon volunteer ambulance attendants, police officers,
30 [OR] fire fighters, or search and rescue personnel by this chapter, and the election
31 shall be considered compliance with the coverage and insurance provisions of this
01 chapter. The election shall be made by filing copies of the insurance policy or policies
02 with the commissioner.
03 * Sec. 6. AS 23.30 is amended by adding a new section to read:
04 Sec. 23.30.246. Search and rescue personnel as state employees. (a) A
05 resident of the state who temporarily volunteers to participate in a search and rescue
06 training exercise or a search and rescue activity and who suffers injury or death during
07 the course and within the scope of training for or providing search and rescue services
08 is considered an employee of the state for purposes of this chapter if, at the time of the
09 injury or death, the volunteer
10 (1) is an authorized participant in a search and rescue training exercise
11 under AS 18.60.115 or a search and rescue activity under AS 18.60.120; and
12 (2) is not otherwise covered for that injury or death by an employer's
13 workers' compensation insurance policy or self-insurance certificate.
14 (b) Notwithstanding the methods for calculating an employee's gross weekly
15 earnings under AS 23.30.220, the gross weekly earnings for a resident of the state
16 temporarily engaged as a volunteer under (a) of this section are equal to the state
17 average weekly wage.
New Text Underlined [DELETED TEXT BRACKETED]