AS Title 9, Chapter 65: Actions, Immunities, Defenses, and Duties

Chapter 65. Actions, Immunities, Defenses, and Duties. Secs. 09.65.010 — 09.65.012. Officers authorized to administer oath or affirmation; certification of documents. [Repealed, § 6 ch 37 SLA 1981. For present provisions, see AS 09.63 .] Secs. 09.65.020 — 09.65.040. [Renumbered as AS 09.68.020 — 09.68.040.] Sec. 09.65.050. [Renumbered as AS 09.15.040 .] Sec. 09.65.060. [Renumbered as AS 09.68.060 .] Sec. 09.65.070. Suits against incorporated units of local government. (a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority. (b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it. (c) An action may not be maintained against an employee or member of a fire department operated and maintained by a municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established. (d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim (1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved, (A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety; (B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or (C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected; (2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality or its agents, officers, or employees, whether or not the discretion involved is abused; (3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval, exception, variance, or other entitlement, or a rezoning; (4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis; (5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; or (6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence. (e) In this section (1) “municipality” has the meaning given in AS 01.10.060 and includes a public corporation established by a municipality; (2) “village” means an unincorporated community where at least 25 people reside as a social unit. Sec. 09.65.080. Suits by incorporated units of local government. An action may be maintained by an incorporated borough, city, or other public corporation of like character in its corporate name, and upon a cause of action accruing to it in its corporate character (1) upon a contract made with the public corporation; (2) upon a liability prescribed by law in favor of the public corporation; (3) to recover a penalty or forfeiture given to the public corporation; (4) to recover damages for an injury to the corporate rights or property of the public corporation. Sec. 09.65.083. Civil liability of nonprofit and university fire departments. (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. (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. Sec. 09.65.085. Civil liability of electric utility. (a) A utility offering electrical service to the public for compensation under a certificate of public convenience and necessity issued by the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska under AS 42.05.221 may not be held strictly liable for property damage, death, or personal injury resulting from an act or omission of the utility relating to the production, delivery, or sale of electricity. (b) This section does not preclude liability for civil damages that are the result of an intentional, reckless, or negligent act or omission. Sec. 09.65.087. Civil liability for use of an automated external defibrillator. (a) A person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from a failure to notify the appropriate emergency medical services agency. (b) A person who acquires or provides an automated external defibrillator device for use on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from gross negligence. (c) The immunity provided by (b) of this section does not apply to a manufacturer of an automated external defibrillator. (d) [Repealed, § 2 ch 19 SLA 2015.] Sec. 09.65.090. Civil liability for emergency aid. (a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid. (b) A member of an organization that exists for the purpose of providing emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance, if the member provided the service while acting as a volunteer member of the organization; in this subsection, “volunteer” means a person who is paid not more than $10 a day and a total of not more than $500 a year, not including ski lift tickets and reimbursement for expenses actually incurred, for providing emergency services. (c) The immunity provided under (b) of this section does not apply to civil damages that result from providing or attempting to provide any of the following advanced life support techniques unless the person who provided them was authorized by law to provide them: (1) manual electric cardiac defibrillation; (2) administration of antiarrhythmic agents; (3) intravenous therapy; (4) intramuscular therapy; or (5) use of endotracheal intubation devices. (d) This section does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct. (e) [Repealed, § 2 ch 92 SLA 2003.] (f) [Repealed, § 2 ch 92 SLA 2003.] Sec. 09.65.091. Civil liability for responding to disaster. (a) A person who provides equipment or services on the request of a police agency, fire department, rescue or emergency squad, or other governmental agency during a state of emergency declared by an authorized representative of the state or local government is not liable for the death of or injury to any person or damage to any property caused by that person's actions, except when the trier of facts finds that the person acted intentionally, recklessly, or with gross negligence. (b) This section does not affect the right of a person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law. Sec. 09.65.092. Civil liability for voluntary aircraft safety inspection. An aircraft or power plant technician or mechanic certified by the Federal Aviation Administration who participates without compensation in a voluntary aircraft safety inspection program is not liable for civil damage resulting from an act or omission arising out of an aircraft safety inspection in that program unless the act or omission constitutes gross negligence or reckless or intentional misconduct. Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and landing areas. (a) Except as provided in (c) of this section, a person who without compensation owns, operates, constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing area to take off, land, park, or operate an aircraft. (b) [Repealed, § 2 ch 3 SLA 2008.] (c) The immunity from civil liability under (a) of this section does not limit the liability of an owner or operator of an aircraft runway, airfield, or landing area to a provider of flight services or its passengers under contract with the owner or operator. Sec. 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat. (a) Except as provided in (b) of this section, a person other than a manufacturer of child safety seats or an agent or employee of a manufacturer of child safety seats is not liable for civil damages as a result of an act or omission that occurs in the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat if (1) the person (A) has successfully completed the National Child Passenger Safety Certification Training Program and maintains a current child passenger safety technician or technician instructor certification issued under that program; (B) offers or arranges a nonprofit child safety seat educational program, checkup event, or checking station program for the public with instruction by certified child passenger safety technicians or technician instructors; or (C) owns property where a nonprofit child safety seat educational program, checkup event, or checking station program for the public occurs with instruction by certified child passenger safety technicians or technician instructors; and (2) the services are provided (A) without a fee, other than for the reimbursement of actual expenses; (B) in good faith; and (C) within the scope of training for which the person is currently certified. (b) This section does not apply to a civil action (1) for damages resulting from gross negligence or wilful or wanton misconduct; or (2) where the inspection, installation, or adjustment of a child safety seat, or education provided regarding the inspection, installation, or adjustment of a child safety seat, is performed in conjunction with the for-profit sale of a child safety seat. Sec. 09.65.095. Liability for administration of blood test. (a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken (1) at the request of a police officer under the circumstances specified in AS 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and (2) without the use of excessive or unreasonable force. (b) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood. (c) In this section, (1) “health care provider” means a nurse licensed under AS 08.68 , a physician licensed under AS 08.64 , and a person certified by a hospital as competent to take blood samples; (2) “hospital” means a hospital as defined in AS 47.32.900 , including a governmentally owned or operated hospital. Sec. 09.65.096. Civil liability of hospitals for certain physicians. (a) A hospital is not liable for civil damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital provides notice that the emergency room physician is an independent contractor and the emergency room physician is insured as described under (c) of this section. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital is not otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. The notice required by this subsection must (1) be posted conspicuously in all admitting areas of the hospital; (2) consist of a sign at least two feet high and two feet wide, with print at least two inches high; (3) be published at least annually in a newspaper of general circulation in the area; and (4) be in substantially the following form: Notice to Hospital Users andNotice of Limited Liability (Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospital's emergency room). The following emergency room physicians are independent contractors and are not employees of the hospital: (List specific emergency room physicians) (b) This section does not preclude liability for civil damages that are the proximate result of the hospital's negligence or intentional misconduct. (c) A hospital is not immune from liability under (a) of this section for an act or omission of an emergency room physician who is an independent contractor unless the emergency room physician has liability insurance coverage in the amount of at least $500,000 for each incident and $1,500,000 for all incidents in a year, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements. (d) In this section, (1) “emergency room physician” means a physician who does not have an ongoing physician-patient relationship with the emergency room patient and who provides emergency health care services in a hospital emergency room; (2) “hospital” has the meaning given in AS 47.32.900 and includes a governmentally owned or operated hospital; (3) “independent contractor” means an emergency room physician who is not an employee or actual agent of the hospital in connection with the rendition of the health care services. Sec. 09.65.097. Civil liability for emergency veterinary care. (a) A veterinarian licensed in this or another licensing jurisdiction, or a person working under the direct supervision of a licensed veterinarian, who renders emergency care to an injured or ill animal that reasonably appears to the veterinarian or supervised person to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid. (b) This section does not apply to service rendered at the request of an owner of the animal and does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct. Sec. 09.65.100. [Renumbered as AS 25.20.025 .] Secs. 09.65.110 — 09.65.120. [Renumbered as AS 09.68.110 — 09.68.120.] . Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers. (a) An owner or operator of an aircraft or watercraft is not liable for the civil damages of a person being transported in the owner's or operator's aircraft or watercraft if the aircraft or watercraft is not being used for commercial purposes. (b) This section does not apply to a civil action (1) for damages resulting from (A) gross negligence or reckless or intentional misconduct; (B) an act or omission of an owner or operator of an aircraft or watercraft if the aircraft or watercraft is being operated as a common carrier; or (C) an act or omission of an owner or operator of an aircraft or watercraft that occurs while demonstrating an aircraft or watercraft to a prospective buyer; or (2) described under (a) of this section if the owner or operator (A) has insurance that would compensate the claimant for civil damages awarded against the owner or operator; an owner or operator who is insured as described in this subparagraph is not liable for civil damages described in (a) of this section that exceed the applicable insurance; or (B) does not have insurance that would compensate a person being transported as described under (a) of this section for civil damages awarded against the owner or operator and, before the person being transported enters the aircraft or watercraft, the owner or operator fails to provide notice to the person being transported that the owner or operator is uninsured as described in this subparagraph. Sec. 09.65.130. [Renumbered as AS 25.24.310 .] Sec. 09.65.132. [Renumbered as AS 25.27.062 .] Sec. 09.65.135. Limitations on claims arising from skiing. [Repealed, § 3 ch 63 SLA 1994. For current law, see AS 05.45 .] Sec. 09.65.145. Liability for injuries or death resulting from livestock activities. (a) Livestock are unpredictable and inherently dangerous. All persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock subject themselves to serious injury or death and are considered a participant in livestock activity and assume the risk of injury or death caused by the livestock. (b) Except as otherwise provided in this section, a person, and the personal representative of a person, who suffers an injury or death resulting from a livestock activity may not recover civil damages for the injury or death from a livestock activity sponsor, livestock professional, or livestock activity participant, or the agents or employees of a livestock activity sponsor, livestock professional, or livestock activity participant. (c) This section does not affect a civil action for damages resulting from (1) gross negligence or reckless or intentional misconduct of the livestock activity sponsor, livestock professional, or livestock activity participant, or agents or employees of the livestock activity sponsor, livestock professional, or livestock activity participant; (2) equipment, tack, or a product provided by the livestock activity sponsor, livestock professional, or livestock activity participant that the livestock activity sponsor, livestock professional, or livestock activity participant knows is faulty or defective; (3) the failure of the livestock activity sponsor, livestock professional, or livestock activity participant who provided the livestock to make a reasonable and prudent effort to determine the ability of the participant to safely manage the livestock activity, after taking into account the participant's representation of ability; a participant in a livestock show, livestock sale, or rodeo is presumed to be competent to handle livestock if an entry form is required for the activity and is signed or submitted by the participant. (d) This section does not nullify coverage or an award for an injury to or death of an employee of a livestock activity sponsor or livestock professional if the employee suffers an injury or death resulting from a livestock activity and the injury or death is covered by or subject to workers' compensation provisions under AS 23.30 . (e) This section does not prevent or limit the liability of a livestock activity sponsor, livestock professional, or livestock activity participant, or their agents or employees under a liability provision as provided in a law relating to product liability. (f) A livestock activity sponsor may not be held vicariously liable for the acts or omissions of a livestock activity participant or a livestock professional. (g) A person may agree, in writing, to waive the entire right to recover damages resulting from an inherent risk of a livestock activity. (h) This section does not affect the immunity of an owner of unimproved land under AS 09.65.200 . (i) In this section, (1) “inherent risk of a livestock activity” means those dangers or conditions that are an integral part of a livestock activity, including (A) the propensity of livestock to behave in ways that may result in injury to a person on or around livestock; (B) the unpredictability of livestock's reaction to sound, sudden movement, and unfamiliar objects or persons, or other animals; (C) hazards or conditions unknown to a livestock activity sponsor; (D) collisions with other livestock or objects; (E) the potential of tack to become dislodged or move in ways that may result in injury to a person on or around a livestock activity; and (F) the potential of a person to negligently engage in conduct that contributes to an injury or death during a livestock activity; (2) “livestock” includes a domestic cow, domestic bison, hog, sheep, goat, domestic musk ox, yak, pig, legally possessed caribou, reindeer, domestic elk, rabbit, hamster, guinea pig, turkey, chicken, pheasant, peafowl, pigeon, horse, mule, donkey, camel, llama, alpaca, or a waterfowl that does not require a federal permit; “livestock” does not mean a dog or cat; (3) “livestock activity” includes (A) livestock shows, fairs, sales, competitions, or performances that involve any or all breeds of livestock and any of the livestock disciplines, including rodeos, auctions, driving, pulling, judging, cutting, therapeutic riding, and showing; (B) livestock training or teaching activities or both training and teaching activities; (C) boarding or pasturing livestock; (D) testing, inspecting, or evaluating livestock belonging to another person, whether or not the owner has received monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to inspect or evaluate the livestock; (E) driving, riding, grooming, traveling, or other livestock activities of any type, however informal or impromptu, that are sponsored by a livestock activity sponsor; (F) placing or replacing horseshoes on an equine, or otherwise preparing livestock for show; and (G) assisting in providing medical treatment to livestock; (4) “livestock activity sponsor” means an individual, group, club, partnership, limited liability company, nonprofit corporation, or corporation operating for profit that sponsors, organizes, or provides the livestock, equipment, tack, facilities, or instruction for a livestock activity; (5) “livestock professional” means a person who receives compensation for instructing a participant, renting livestock to a participant for the purpose of engaging in livestock activity, or renting equipment or tack to a participant; (6) “participant” means a person, whether amateur or professional, who engages in a livestock activity or who is near or close to livestock, whether or not a fee is paid to participate in the livestock activity. Sec. 09.65.150. Duty to disabled pedestrians. (a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane, or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused. (b) In this section, (1) “physically disabled pedestrian” means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device; (2) “service animal” means a dog guide or other animal that assists a physically disabled person to function as a pedestrian. Sec. 09.65.155. Civil liability of firearms or ammunition manufacturer or dealer. A civil action to recover damages or to seek injunctive relief may not be brought against a person who manufactures or sells firearms or ammunition if the action is based on the lawful sale, manufacture, or design of firearms or ammunition. However, this section does not prohibit a civil action resulting from a negligent design, a manufacturing defect, a breach of contract, or a breach of warranty. Sec. 09.65.160. Immunity for good faith disclosures of job performance information. An employer who discloses information about the job performance of an employee or former employee to a prospective employer of the employee or former employee at the request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, may not be held liable for the disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or former employer (1) recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information; or (2) disclosed information in violation of a civil right of the employee or former employee that is protected under AS 18.80 or under comparable federal law. Sec. 09.65.161. Immunity for disclosure of required health care data. A person who reports health care data required to be reported under AS 18.05 and regulations adopted under that chapter for conditions or diseases of public health importance may not be held liable for the disclosure to the Department of Health or for the use of the data by the department. Sec. 09.65.170. Limited liability of certain directors and officers. (a) Unless the act or omission constituted gross negligence, a person may not recover tort damages for personal injury, death, or damage to property for an act or omission to act in the course and scope of official duties, from one of the following: (1) a member of the board of directors or an officer of a nonprofit corporation; (2) a member of the board of directors of a public or nonprofit hospital, or a member of a citizen's advisory board of any hospital; (3) a member of a school board of a school district; (4) a member of the governing body, a commission, or a citizen's advisory committee of a municipality of the state; (5) a member of the board of directors, an officer, or an employee of a regional development organization. (b) Notwithstanding (a) of this section, the duties and liabilities of a director or officer of a nonprofit corporation to the corporation or the corporation's shareholders may not be limited or modified. (c) In this section, (1) “nonprofit corporation” means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code); (2) “regional development organization” means a nonprofit organization or nonprofit corporation formed to encourage economic development within a particular region of the state that includes the entire area of each municipality within that region and that has a board of directors that represents the region's economic, political, and social interests. Sec. 09.65.180. Civil liability of zoos. (a) Except as provided in (b) of this section, a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo. (b) A person who owns or operates a zoo is not strictly liable as provided in (a) of this section if (1) the animal that caused the injury was within the animal's normal place of confinement at the time the injury occurred; (2) the zoo owner or operator had posted signs at prominent places within the zoo, including at each entrance, warning that the liability of the zoo for injuries caused by animals within their normal place of confinement is limited by law; and (3) the enclosure within which the animal was confined at the time of the injury was constructed and maintained in a manner that prevents a person who exercises ordinary care customary for a person of similar age, intelligence, and experience from contacting the animal or entering the enclosure. Sec. 09.65.200. Tort immunity for personal injuries or death occurring on unimproved land. (a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if (1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and (2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land. (b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477). (c) In this section, “unimproved land” includes land that contains (1) a trail; (2) an abandoned aircraft landing area; or (3) a road built to provide access for natural resource extraction, but which is no longer maintained or used. Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession. (a) A landowner that allows a recreational activity on the landowner's land without charge does not, by allowing that activity, (1) owe a duty of care to maintain the land safe for entry or use for a recreational activity or to eliminate, alter, or control the inherent risks of a recreational activity; (2) owe a duty to warn persons using the land for a recreational activity of any dangerous condition, known or unknown, apparent or hidden; (3) owe a duty to curtail or prevent use of the land for recreational activities; (4) implicitly ensure that the land is safe for any purpose; (5) confer a legal status, such as invitee or licensee, to which a special duty of care is owed; or (6) assume responsibility for any injury to persons or property. (b) This section applies only during the time that a landowner allows recreational use under a recorded grant of a public recreational use easement as required in AS 34.17.100 . (c) This section does not apply to a civil action (1) if the landowner collects a charge for entry on the land for a recreational activity; or (2) that is based on intentional, reckless, or grossly negligent conduct of the landowner. (d) This section may not be construed to conflict with, nor does it have any effect on, a liability release agreement between a participant in a recreational activity and a landowner. (e) Except as provided for under AS 09.45.052 (d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement, or a similar claim. (f) In this section, (1) “charge” means a fee or admission price imposed for access to or use of land, a recreational activity, a service, an entertainment, or another activity, except that the following is not considered a “charge”: (A) consideration received by the landowner from the state or political subdivision for land leased or dedicated to the state or political subdivision; (B) property tax relief in exchange for a landowner's agreement to open land for a recreational activity; or (C) a contribution in kind, service, or cash from a user if all of the contribution is used to improve access or trails, to remedy or reduce damage, to provide warning of a hazard, or to remove a hazard from the land; (2) “land” includes private (A) unimproved land; (B) improved land, exclusive of buildings, structures, machinery, or equipment on the land; (C) ways or land subject to an easement or right-of-way; (D) roads and trails; (E) water and watercourses on or running through the land; (3) “landowner” means a private person who owns land; (4) “private person” has the meaning given in AS 09.55.240 ; (5) “recreational activity” has the meaning given “sports or recreational activity” in AS 09.65.290 . Sec. 09.65.205. Civil liability for controlled substances offense. (a) A person who sells or barters a controlled substance in violation of AS 11.71 is strictly liable (1) to the recipient or another person for civil damages if, while under the influence of the controlled substance, the person receiving the controlled substance engages in conduct that results in civil damages and the recipient's being under the influence of the controlled substance substantially contributes to the civil damages; and (2) for the cost to the state or political subdivision to criminally prosecute a person who receives a controlled substance from a person who violates AS 11.71 if the prosecution results from the violation of AS 11.71 described in this subsection. (b) In an action under (a) of this section, it is not a defense that the person receiving the controlled substance voluntarily consumed the controlled substance or was voluntarily under the influence of the controlled substance. (c) In this section, (1) “civil damages” includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state; (2) “controlled substance” has the meaning given in AS 11.71.900 . Sec. 09.65.210. Damages resulting from commission of a felony or while under the influence of alcohol or drugs. A person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for the personal injury or death if the injury or death occurred while the person was (1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death; (2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence (A) the felonious conduct; and (B) that the felonious conduct substantially contributed to the personal injury or death; (3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence (A) the felonious conduct; and (B) that the conduct during the flight or apprehension substantially contributed to the injury or death; (4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of AS 28.35.030 , was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or (5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence (A) the violation of AS 28.35.030 ; and (B) that the conduct substantially contributed to the personal injury or death. Sec. 09.65.215. Immunity of peace officer for use of body wire eavesdropping device. (a) A peace officer who intercepts an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, or who monitors the receiving unit, is not liable for damages to a person whose oral communication is intercepted if (1) the interception and monitoring occurs (A) during the investigation of a crime or the arrest of a person for a crime; and (B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest; (2) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and (3) the communication intercepted is not recorded. (b) In this section, (1) “intercept” has the meaning given in AS 42.20.390 ; (2) “oral communication” has the meaning given in AS 42.20.390 ; (3) “peace officer” has the meaning given in AS 11.81.900 (b). Sec. 09.65.220. Immunity for certain real property disclosures. The owner of an interest in real property, the owner's agent, and the agent of the transferee of the interest are not liable to the transferee for the owner or agent's failure to disclose information on the real property to the transferee, if the disclosure would constitute discrimination prohibited by 42 U.S.C. 3601 — 3631 (Fair Housing Act). In this section, “transferee” includes a purchaser, lessee, and easement holder. Sec. 09.65.230. Innocent misrepresentations by agents in real property transfers. The agent of a transferor or transferee is not liable for an innocent misrepresentation in information provided to the transferor or transferee in the transfer of an interest in real property if the agent does not have personal knowledge of the error, inaccuracy, or omission that is the basis for the misrepresentation. Sec. 09.65.235. Immunity for negotiated regulation making committee and its members. A civil action for damages or costs may not be brought against a negotiated regulation making committee established under AS 44.62.710 — 44.62.800 or any of its members for an act or omission occurring in the course and scope of the official duties of the committee under AS 44.62.710 — 44.62.800. Sec. 09.65.240. Liability of the state and regional educational attendance areas for release of hazardous substances. (a) Notwithstanding AS 46.03.822 (a), neither the state nor a regional educational attendance area established under AS 14.08 , nor an agent or employee of the state or a regional educational attendance area acting within the scope of that agency or employment, is subject to liability under AS 46.03.822 for damages, as defined in AS 46.03.822 (n) and 46.03.824, for the release of a hazardous substance at or from any facility used in relation to a regional educational attendance area school as described in AS 14.08.151 or at or from any facility used in relation to a school operated by the state under AS 14.16 . (b) In this section, (1) “facility” has the meaning given in AS 46.03.826 ; (2) “hazardous substance” has the meaning given in AS 46.03.826 . Sec. 09.65.245. Immunity for certain persons supplying or using gravel or other aggregate material; limitations on asbestos-related actions against defendants. (a) Notwithstanding AS 09.50.250 , a civil action or claim for damages or costs alleging a death, injury, illness, disability, property damage, or any other damages resulting from the use of gravel or other aggregate material that contains naturally occurring asbestos may not be brought against a defendant, including a contractor meeting the requirements of the program or the state and its agencies, officers, and employees, (1) based on the ownership of land within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400 (b) or (c) from which gravel or other aggregate material is extracted that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass; or (2) for an act or omission occurring in the course of extracting, supplying, transporting, or using gravel or other aggregate material containing naturally occurring asbestos within an area designated by the Department of Transportation and Public Facilities under AS 44.42.400 (b) or (c) when the act or omission was in compliance with the requirements of AS 18.31.250 or AS 44.42.410 (b), as applicable, and AS 44.42.410 (a) and (e) and applicable regulations developed under AS 44.42.420 . (b) A civil action or claim based on noncompliance with the requirements of AS 18.31.250 or AS 44.42.410 (b), as applicable, and AS 44.42.410 (a) and (e) and applicable regulations developed under AS 44.42.420 for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may only be brought against a defendant that has direct control over or responsibility for compliance with the requirements of AS 18.31.250 or AS 44.42.410 (b), as applicable, and AS 44.42.410 (a) and (e) and applicable regulations developed under AS 44.42.420 . (c) Notwithstanding AS 09.50.250 , a civil action or claim for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may not be brought against any state agency or officer or employee of the state for an act or omission occurring in the course of designating a project area under AS 44.42.400 (b) or (c), approving a site-specific use plan, or developing or approving a monitoring plan or a mitigation plan under AS 44.42.410 . (d) In this section, “naturally occurring asbestos” has the meaning given in AS 44.42.430 . Sec. 09.65.250. Immunity for certain actions related to child support. A person, including the state and its subdivisions, agencies, officers, and employees, may not be held liable for good faith (1) compliance with a subpoena of this or another state that requests information, including the social security number and employment history of a person, issued by the child support services agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law; (2) collection of child support, including encumbering or surrendering assets in response to a notice of lien or levy for the payment of child support; or (3) compliance with an income withholding notice or an order to withhold and deliver that is regular on its face and is for child support purposes. Sec. 09.65.255. Liability for acts of minors. (a) Except as provided under (d) and (e) of this section, a person, municipal corporation, association, village, school district, or religious or charitable organization, incorporated or unincorporated, may recover damages in a civil action in an amount not to exceed $15,000 and court costs from either parent or both parents of an unemancipated minor under the age of 18 years who, as a result of a knowing or intentional act, destroys real or personal property belonging to the person, municipal corporation, association, village, school district, or religious or charitable organization. However, for purposes of this subsection, recovery in damages shall be apportioned by the court between the parents without regard to legal custody but with due consideration for the actual care and custody of the minor provided by the parents. (b) A state agency or its agents, including a person working in or responsible for the operation of a foster home, as defined in AS 47.32.900 , juvenile treatment facility, juvenile detention facility, or treatment institution, is not liable for the acts of unemancipated minors in its charge or custody. A state agency or an agent of a state agency, including a nonprofit corporation that designates shelters for runaways under AS 47.10.392 — 47.10.399 and employees of or volunteers with that corporation, is not liable for the acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399 . In this subsection, (1) “juvenile detention facility” has the meaning given in AS 47.12.990 ; (2) “juvenile treatment facility” has the meaning given in AS 47.12.990 ; (3) “treatment institution” has the meaning given in AS 47.14.990 . (c) A parent of an unemancipated minor under the age of 18 years who is a runaway or missing minor is not liable under (a) of this section for the acts of the minor that are committed by the minor after a parent of the minor has made a report to a law enforcement agency, as authorized by AS 47.10.141 (a), that the minor has run away or is missing. In this subsection, “runaway or missing minor” means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading a parent or who is otherwise missing from the minor's usual place of abode without the consent of a parent. (d) If a parent has an insurance policy that would compensate a claimant for civil damages described under (a) of this section, and the policy limits are in excess of $15,000, civil damages may be recovered under (a) of this section in an amount not to exceed the policy limits or $25,000, whichever amount is lower. (e) Subsection (a) of this section does not authorize the recovery of damages from (1) a legal guardian; or (2) the adoptive parents of a hard-to-place child if the adoptive parents are receiving, at the time the property is destroyed, financial assistance from the state as a result of the adoption; in this paragraph, “hard-to-place child” has the meaning given in AS 25.23.240 . (f) If damages are recovered in a civil action as allowed under (a) of this section, the court shall require the unemancipated minor who caused the damages to provide a written report to the court regarding (1) financial resources of the minor that are available for purposes of restitution; (2) restitution the minor has made to the claimants; and (3) what, if anything, the minor has learned from the civil justice process. Sec. 09.65.260. Claims against persons engaged in business arising out of or in connection with the year 2000 date change. [Repealed, § 3 ch 79 SLA 1999.] Sec. 09.65.270. Civil immunity related to the sale or transfer of a firearm.

(a) A person may not bring a civil action for damage or harm caused by an individual for whom a federal firearm certificate was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute the certificate and the individual causing the damage or harm (1) is the transferee of the firearm; and (2) at the time the certificate is executed either (A) has a permit to carry a concealed handgun issued under AS 18.65.700 ; or (B) meets the qualifications imposed under AS 18.65.705 (1) — (5) for obtaining a concealed handgun permit. (b) In this section, “federal firearm certificate” means the certificate required on a federal “Form 1 (Firearms),” “Form 4 (Firearms),” or “Form 5 (Firearms).” Sec. 09.65.280. Civil liability of state for acts or omissions of village public safety officers. Notwithstanding another provision of law, the state and its officers, agents, and employees are not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person or property damage resulting from the supervision of, training of, actions of or failure to act of, or use of or failure to use village public safety officers in communicating with or monitoring the activities of persons on probation or parole. Sec. 09.65.290. Civil liability for sports or recreational activities. (a) A person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent risks in that sports or recreational activity. (b) This section does not require a provider to eliminate, alter, or control the inherent risks within the particular sports or recreational activity that is provided. (c) This section does not apply to a civil action based on the (1) negligence of a provider if the negligence was the proximate cause of the injury, death, or damage; or (2) design or manufacture of sports or recreational equipment or products or safety equipment used incidental to or required by a sports or recreational activity. (d) Nothing in this section shall be construed to conflict with or render as ineffectual a liability release agreement between a person who participates in a sports or recreational activity and a provider. (e) In this section, (1) “farm touring” means briefly visiting a farm to observe or experience aspects of raising, growing, producing, cultivating, harvesting, or processing an agricultural product as a tourist, without receiving pay; (2) “inherent risks” means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity; (3) “provider” means a person or a federal, state, or municipal agency that promotes, offers, or conducts a sports or recreational activity, whether for pay or otherwise; (4) “sports or recreational activity” (A) means a commonly understood sporting activity, whether undertaken with or without permission, including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, farm touring, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, and off-road and all-terrain vehicle use; (B) does not include (i) boxing contests, sparring or wrestling matches, or exhibitions that are subject to the requirements of AS 05.10 ; (ii) activities involving the use of devices that are subject to the requirements of AS 05.20 ; or (iii) skiing or sliding activities at a ski area that are subject to the requirements of AS 05.45 . Sec. 09.65.292. Parental waiver of child's negligence claim against provider of sports or recreational activity. (a) Except as provided in (b) of this section, a parent may, on behalf of the parent's child, release or waive the child's prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities to which the waiver applies are clearly and conspicuously set out in the written waiver and to the extent the waiver is otherwise valid. The release or waiver must be in writing and shall be signed by the child's parent. (b) A parent may not release or waive a child's prospective claim against a provider of a sports or recreational activity for reckless or intentional misconduct. (c) In this section, (1) “child” means a minor who is not emancipated; (2) “parent” means (A) the child's natural or adoptive parent; (B) the child's guardian or other person appointed by the court to act on behalf of the child; (C) a representative of the Department of Family and Community Services if the child is in the legal custody of the state; (D) a person who has a valid power of attorney concerning the child; or (E) for a child not living with the child's natural or adoptive parent, the child's grandparent, aunt, uncle, sister, or brother who has reached the age of majority and with whom the child lives; (3) “provider” has the meaning given in AS 09.65.290 ; (4) “sports or recreational activity” has the meaning given in AS 09.65.290 . Sec. 09.65.295. Liability involving a peace officer or firefighter. (a) A peace officer or firefighter injured while in the line of duty or the personal representative of a peace officer or firefighter who died in the line of duty may not bring a civil action to recover damages for a negligent act or omission if the negligent act or omission created the need for the activity being performed by the peace officer or firefighter. (b) This section does not apply to a negligent act or omission that is unrelated to the activity that created the need for the presence of the peace officer or firefighter. (c) In this section, “firefighter” means a person employed by a municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal, or a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department. Sec. 09.65.300. Immunity for providing free health care services. (a) [See delayed amendment note.] Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care (1) provider is licensed in this state to provide health care services; in this paragraph, “health care provider” includes a health care provider who holds a temporary license or permit to practice as a health care provider; (2) services provided were within the scope of the health care provider's license; (3) services were provided at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization; (4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in (b)(2) and (3) of this section; and (5) provider (A) obtains informed consent in writing from the person receiving the health care services as described under AS 09.55.556 , except in the case of an emergency; (B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section; and (C) provides the person receiving health care services with written notice of the name of a licensed health care provider in the state that the person receiving health care services may contact for emergency follow-up care within 30 days after a procedure is performed. (b) This section does not preclude (1) liability for civil damages that are the result of gross negligence or reckless or intentional misconduct; (2) a health care provider from receiving payment or being reimbursed for expenses, including travel and room and board while providing voluntary services; (3) a medical clinic or facility from charging for its services. (c) In this section, (1) [See delayed amendment note.] “health care provider” means a physician, physician assistant, dentist, dental hygienist, osteopath, optometrist, chiropractor, registered nurse, practical nurse, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, behavior analyst, assistant behavior analyst, licensed clinical social worker, athletic trainer, or certified direct-entry midwife; (2) “health care services” means services received by an individual in order to treat or to prevent illness or injury; (3) “nonprofit organization” means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code). Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses. A nonprofit organization approved by the department is not liable for distributing recycled used eyeglasses if (1) the eyeglasses are distributed and fitted free of charge and the fitting conforms, to the extent possible, with a written prescription from a licensed physician or optometrist; and (2) the organization obtains informed consent from the person receiving the eyeglasses and provides the person receiving the eyeglasses advance written notice of the immunity provided under this section. Sec. 09.65.310. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage. [Repealed, § 3 ch 69 SLA 2004.] Sec. 09.65.315. Damages resulting from driving the vehicle of a person under the influence of an alcoholic beverage. (a) A person is not liable beyond the limits of any applicable insurance policy purchased by or on behalf of the owner of the vehicle, or the taxicab or limousine company or the company's owner, agents, or employees, for damages resulting from a motor vehicle accident if the person was driving a vehicle involved in the accident and (1) before the accident, started driving the vehicle involved in the accident from or near licensed premises; (2) is, at the time of the accident, a person employed in the course and scope of employment to or under contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a taxicab or limousine permit issued by a municipality, or an owner or employee of a company that dispatches taxicabs or limousines; (3) was not under the influence of an alcoholic beverage, inhalant, or controlled substance at the time of the accident; (4) was driving the vehicle to the motor vehicle owner's residence or designated residential location at the request of the motor vehicle owner or operator or a law enforcement officer; and (5) was driving the vehicle because the motor vehicle owner or operator was under the influence of an alcoholic beverage or reasonably believed to be under the influence of an alcoholic beverage. (b) A person licensed under AS 04.09.020 — 04.09.370, or an agent or employee of the person, is not liable for damages resulting from a motor vehicle accident described under (a) of this section. A person or entity that participates in making arrangements for transportation of a vehicle under (a) of this section is not liable for damages resulting from a motor vehicle accident described in (a) of this section. (c) This section does not (1) preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct; (2) limit the ability of a person to recover damages under any applicable uninsured or underinsured motor vehicle insurance coverage; or (3) limit the ability of a person to recover damages under any applicable liability insurance coverage purchased by or on behalf of the person being transported under (a) of this section. (d) A motor vehicle owner is considered to have given consent to another person to drive the owner's motor vehicle if the other person is involved in an accident and the provisions of (a) of this section apply to the other person. (e) In this section, (1) “controlled substance” has the meaning given in AS 28.33.190 ; (2) “inhalant” has the meaning given to the phrase “hazardous volatile material or substance” in AS 47.37.270 ; (3) “licensed premises” has the meaning given in AS 04.21.080 . Sec. 09.65.320. Nonrecovery for damages for noneconomic losses resulting from operating a motor vehicle while uninsured. (a) Except as provided in (b) of this section, in an action to recover damages for personal injury or wrongful death, a person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for noneconomic losses if the injury or death occurred while the person was operating a motor vehicle and the person knew that the person was not in compliance with the motor vehicle liability insurance provisions of AS 28.22.011 or, if applicable, the motor vehicle liability insurance provisions of AS 28.20 . In this subsection, “damages for noneconomic losses” means the compensation claimed for the losses identified in AS 09.17.010 (a). (b) The prohibition against the recovery of noneconomic losses in (a) of this section does not apply if the person who is liable for the personal injury or wrongful death (1) was driving while under the influence of an alcoholic beverage, inhalant, or controlled substance; (2) acted intentionally, recklessly, or with gross negligence; (3) fled from the scene of the accident; or (4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a felony as defined in AS 11.81.900 at the time of the accident. Sec. 09.65.325. Immunity relating to use or nonuse of investigational drugs, biological products, and devices. (a) A person is not liable in an action for damages for the injury or death of a patient with a terminal illness resulting from the patient's use of an investigational drug, biological product, or device for the purpose of sustaining the patient's life if the person, acting in good faith and with reasonable care, is a (1) physician or member of the medical team who prescribed, dispensed, or administered the investigational drug, biological product, or device, or provided related treatment, to the patient and, before prescribing, dispensing, or administering the drug, product, or device, or providing related treatment, the physician or member of the medical team (A) obtained the informed consent of the patient in writing after presenting to the patient all treatment options currently approved by the United States Food and Drug Administration for treatment of the patient's terminal illness; and (B) provided to the patient written notice of the immunity provided under this section; or (2) manufacturer, importer, or distributor of the investigational drug, biological product, or device and, before providing the drug, product, or device to the patient's physician, presented to the physician all treatment options currently approved by the United States Food and Drug Administration for treatment of the patient's terminal illness and provided to the patient written notice of the immunity provided under this section. (b) A person, acting in good faith and with reasonable care, is not liable in an action for damages solely for declining to (1) prescribe, dispense, or administer an investigational drug, biological product, or device to a patient; or (2) provide an investigational drug, biological product, or device to a patient's physician. (c) In this section, “investigational drug, biological product, or device” and “terminal illness” have the meanings given in AS 08.64.367 . Sec. 09.65.330. Immunity: Use of defensive force. (a) A person who uses force in defense of self, other persons, or property as permitted in AS 11.81 is not liable for the death of or injury to the person against whom the force was intended to be used, unless the person against whom force was used was (1) a peace officer, whether on or off duty, who was engaged in the performance of official duties; (2) a firefighter, emergency medical technician, or paramedic engaged in the performance of official duties; or (3) medical personnel, a health care provider, or a first responder in an emergency situation. (b) The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is not liable under (a) of this section. Sec. 09.65.340. Immunity for prescribing, providing, or administering an opioid overdose drug. (a) Except as provided in (c) of this section, a person is not liable for civil damages resulting from an act or omission in prescribing or providing an opioid overdose drug to a person at risk of experiencing an opioid overdose or to a family member, friend, caregiver, or other person in a position to administer an opioid overdose drug to a person at risk of experiencing an opioid overdose if (1) the person (A) prescribing or providing the opioid overdose drug is a health care provider; or (B) providing the opioid overdose drug is an employee or volunteer of an opioid overdose program; and (2) each person to whom the opioid overdose drug is prescribed or provided has been educated and trained in the proper emergency use and administration of the opioid overdose drug by the health care provider or the opioid overdose program; education and training under this paragraph may be provided by any reasonable means, including through the use of electronic, video, or automated education or training resources. (b) Except as provided in (c) of this section, a person who administers an opioid overdose drug to another person who the person reasonably believes is experiencing an opioid overdose emergency is not liable for civil damages resulting from an act or omission in the emergency administration of the opioid overdose drug. (c) This section does not preclude liability for civil damages that are the result of gross negligence or reckless or intentional misconduct. (d) In this section, (1) “health care provider” means a licensed physician, osteopath, dentist, advanced nurse practitioner, physician assistant, nurse, village health aide, or pharmacist operating within the scope of the health care provider's authority; (2) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in AS 11.71.140 ; (3) “opioid overdose drug” means a drug that reverses, in whole or in part, the pharmacological effects of an opioid overdose; (4) “opioid overdose program” means a program that provides opioid overdose drugs to persons at risk of experiencing an opioid overdose or to a family member, friend, or other person in a position to assist a person at risk of experiencing an opioid overdose. Sec. 09.65.350. Immunity for certain actions related to transportation network companies. (a) The state or a municipality, and the officers, employees, and agents of the state or a municipality, are not liable in tort for damages for the injury to or death of a person or property damage resulting from an act, omission, or failure of a transportation network company or driver to comply with the requirements of AS 28.23 or other law. (b) In this section, “transportation network company” and “driver” have the meanings given in AS 28.23.180 .