Last session those rights were lost under HB 245, and the consequence was unintended by many legislators. HB 245 listed a number of circumstances in which people could no longer recover from the state when injured. Those circumstances included search and rescue cases and fire cases in which the state is allegedly negligent. This bill leaves those exemptions in place.

HB 359 reverses the following provision of HB 245. That provision states a claim for negligence or recklessness “may not be brought by or on behalf of a member of the military services against the state . . . .for wrongful death, personal injury or other tort claim or injury” if the military member is on active duty. Thus, for example, if a state employee negligently runs a red light and paralyzes or kills a military member who is on his way to pick up supplies, the member cannot sue the state.

There is no good reason to take basic rights away from military members, especially in these times when military members are risking their lives to protect us. Civilians still have a right of recovery if killed or severely injured by the state. The bill provides military members with equal treatment under the law. Former Director of Military and Veterans Affairs Laddie Shaw has joined in support of this bill.