(a) An action for tort or breach of a contractual duty based on the act or omission of an employee or member of a nonprofit or university fire department in the execution of a function for which the department is established may not be maintained against an employee or member of the nonprofit or university fire department.
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Terms Used In Alaska Statutes 09.65.083

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Contract: A legal written agreement that becomes binding when signed.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(b) An action for tort or breach of a contractual duty based on the act or omission of an employee or member of a nonprofit or university fire department in the execution of a function for which the department is established may not be maintained against the nonprofit or university fire department unless the action

(1) alleges intentional misconduct or gross negligence; or
(2) is based on the act or omission of an employee or member of the nonprofit or university fire department in the execution of a duty under contract with a private entity.
(c) The immunity afforded by this section is in addition to any immunity under other law.
(d) This section does not limit the authority of a municipality or village to maintain an action against a contractor, vendor, or supplier providing services or goods to the municipality or village.
(e) In this section,

(1) “nonprofit or university fire department” means a fire department registered with the state fire marshal that is

(A) operated and maintained by a university; or
(B) a nonprofit that provides services under contract or agreement with a municipality or village;
(2) “village” means an unincorporated community where at least 25 people reside as a social unit.
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