CSSB 101(FIN): "An Act relating to disasters and to the disaster relief fund."
00CS FOR SENATE BILL NO. 101(FIN) 01 "An Act relating to disasters and to the disaster relief fund." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. INTENT. It is the intent of the legislature that this Act does not alter the 04 present authority of the governor to request and receive federal disaster relief and emergency 05 assistance. 06 * Sec. 2. AS 26.23.020(c) is amended to read: 07 (c) If the governor finds that a disaster has occurred or that a disaster is 08 imminent or threatened, the governor shall, by proclamation, declare a condition of 09 disaster emergency. The disaster emergency remains in effect until the governor finds 10 that the danger has passed or the disaster has been dealt with so that the emergency 11 no longer exists. The governor may terminate the disaster emergency by proclamation. 12 A proclamation of disaster emergency may not remain in effect longer than 30 days 13 unless extended by the legislature by law [A CONCURRENT RESOLUTION]. The 14 proclamation must indicate the nature of the disaster, the area threatened or affected,
01 and the conditions that have brought it about or that make possible the termination of 02 the disaster emergency. 03 * Sec. 3. AS 26.23.025 is repealed and reenacted to read: 04 Sec. 26.23.025. The legislature and disaster emergencies. (a) When the 05 governor declares a condition of disaster emergency under AS 26.23.020(c), 06 concurrently with the issuance of the proclamation, the governor shall prepare and 07 deliver to the presiding officers of the legislature and to the persons who chair the 08 finance committees in each house of the legislature a financing plan relating to the 09 source or sources of money available from sources identified in AS 26.23.050(b) that 10 the governor proposes to use to cope with the disaster. 11 (b) If the declaration of a disaster emergency occurs while the legislature is 12 in session or if a special session is held, actions taken by the governor under this 13 chapter that are not ratified by law adopted during that session are void. 14 (c) The legislature may terminate a disaster emergency at any time by law. 15 * Sec. 4. AS 26.23.300 is repealed and reenacted to read: 16 Sec. 26.23.300. Disaster relief fund. (a) There is in the Office of the 17 Governor a disaster relief fund. The Department of Revenue is custodian of the fund. 18 (b) The governor may, without additional legislative authorization, expend 19 during a fiscal year not more than $500,000 of the assets of the disaster relief fund to 20 prevent or minimize the effects of an event that occurs in the state and that, in the 21 determination of the governor, poses a direct and imminent threat of a disaster of 22 sufficient magnitude and severity to justify state action. 23 (c) Subject to (g) of this section, the governor may expend not more than 24 $1,000,000 of the assets of the disaster relief fund for the following purposes: 25 (1) to save lives, protect property and public health and safety, or 26 lessen or avert the threat of a disaster that poses a direct and imminent threat of 27 sufficient severity and magnitude to justify state action; 28 (2) to implement provisions of law relating to disaster relief in the case 29 of a disaster; 30 (3) to alleviate the effects of a disaster by making grants or loans to 31 persons or political subdivisions on terms the governor considers appropriate or by
01 other means the governor considers appropriate. 02 (d) Notwithstanding (c) of this section and subject to (g) of this section, in the 03 event of disaster, the governor may expend not more than $5,000,000 of the assets of 04 the disaster relief fund to 05 (1) save lives, protect property and public health and safety, or lessen 06 or avert the threat of a disaster that poses a direct and imminent threat of sufficient 07 severity and magnitude to justify state action; 08 (2) implement provisions of law relating to disaster relief in regard to 09 the disaster; 10 (3) alleviate the effects of the disaster by making grants or loans to 11 persons or political subdivisions on terms the governor considers appropriate or by 12 other means the governor considers appropriate. 13 (e) The governor may not expend more than $1,000,000 of the assets of the 14 disaster relief fund under (c) of this section or more than $5,000,000 of the assets of 15 the disaster relief fund under (d) of this section 16 (1) unless the disaster described in the governor's declaration of a 17 condition of disaster emergency is determined by the President of the United States to 18 cause damage of sufficient severity and magnitude to warrant major disaster assistance 19 under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act; 20 this paragraph is not applicable to a wildland fire disaster; and 21 (2) unless 22 (A) if the legislature is in session, the legislature has approved 23 a financing plan to cope with the disaster that identifies the amount in excess 24 of the expenditure limits that is to be expended from the assets of the disaster 25 relief fund; or 26 (B) if the legislature is not in session, 27 (i) the legislature convenes in special session and 28 approves a financing plan to cope with the disaster that identifies the 29 amount in excess of the expenditure limits that is to be expended from 30 the assets of the disaster relief fund; or 31 (ii) the presiding officers of both the house of
01 representatives and the senate, after polling all members of the 02 respective houses of the legislature in writing and receiving assent in 03 writing by a majority of the members of each house, inform the 04 governor in writing that a special session is not necessary; the poll of 05 members of the legislature may be conducted by telephonic facsimile, 06 by electronic mail, or by other means of written communication. 07 (f) Notwithstanding (d) of this section, a community or area of the state may 08 receive assets of the disaster relief fund under (d) of this section as the result of a 09 flood only once. If after the effective date of this Act, a community or area receives 10 disaster relief, grants, loans, or other aid determined appropriate by the governor under 11 (d) of this section as a result of a declaration of a condition of disaster emergency to 12 address a flood, the community or area may receive further disaster relief or other aid 13 to address a subsequent flood only under (b) or (c) of this section. 14 (g) The governor shall present to the legislature an annual accounting of 15 money expended from the disaster relief fund. 16 (h) The governor shall adopt regulations to carry out the provisions of this 17 section. 18 * Sec. 5. AS 26.23.900(2) is amended to read: 19 (2) "disaster" means the occurrence or imminent threat of widespread 20 or severe damage, injury, [OR] loss of life or property , or shortage of food, water, 21 or fuel resulting from 22 (A) hurricane, tornado, storm, high water, wind-driven 23 water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, 24 mudslide, avalanche, snowstorm, prolonged extreme cold, or drought; 25 (B) [A NATURAL OR MAN-MADE CAUSE, INCLUDING 26 (A)] fire, flood, or [EARTHQUAKE, LANDSLIDE, 27 MUDSLIDE, AVALANCHE, WIND-DRIVEN WATER, WEATHER 28 CONDITION, TSUNAMI, VOLCANIC ACTIVITY, EPIDEMIC, AIR 29 CONTAMINATION, BLIGHT, INFESTATION,] explosion [, RIOT, OR 30 SHORTAGE OF FOOD, WATER, FUEL, OR CLOTHING]; 31 (C) [(B)] the release of oil or a hazardous substance [,] if the
01 release requires prompt action to avert environmental danger or mitigate 02 environmental damage; or [AND] 03 (D) [(C)] equipment failure [,] if the failure is not a predictably 04 frequent or recurring event or preventable by adequate equipment maintenance 05 or operation;