HCS CSSB 101(MLV): "An Act relating to disasters and to the disaster relief fund."
00HOUSE CS FOR CS FOR SENATE BILL NO. 101(MLV) 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. A proclamation to declare a state of disaster emergency 03 must also state whether the governor proposes to expend state funds to respond 04 to the disaster under (h) or (i) of this section. 05 * Sec. 3. AS 26.23.020 is amended by adding new subsections to read: 06 (h) The governor may expend during a fiscal year not more than $1,000,000 07 of state funds per event to prevent, minimize, or respond to the effects of an event that 08 occurs in the state and that, in the determination of the governor, poses a direct and 09 imminent threat of sufficient magnitude and severity to justify state action. Before 10 expending funds under this subsection to respond to an event other than a disaster 11 identified in a proclamation of disaster emergency, the governor shall provide a 12 financing plan to cope with the event to the legislature in the manner prescribed under 13 AS 26.23.025(a). 14 (i) If the disaster described in the governor's proclamation of a condition of 15 disaster emergency is a fire, the governor may expend state funds as necessary to save 16 lives or protect property and public health and safety. 17 (j) The governor may expend more than $1,000,000 of state funds to cope with 18 an event or disaster under (h) of this section under the following circumstances: 19 (1) if the legislature is in session, the legislature approves a financing 20 plan to cope with the event or disaster that identifies the amount in excess of the 21 expenditure limits that is to be expended from state funds; or 22 (2) if the legislature is not in session, 23 (A) the disaster described in the governor's proclamation of a 24 condition of disaster emergency has been determined by the President of the 25 United States to cause damage of sufficient severity and magnitude to warrant 26 major disaster assistance under the federal Robert T. Stafford Disaster Relief 27 and Emergency Assistance Act; or 28 (B) either 29 (i) the governor convenes a special session of the 30 legislature within five days after declaring the condition of disaster 31 emergency or within five days after providing a financing plan to cope
01 with an event to the legislature and the legislature convenes in special 02 session and approves a financing plan to cope with the event or disaster 03 that identifies the amount in excess of the expenditure limits that is to 04 be expended from state funds; or 05 (ii) the presiding officers of both the house of 06 representatives and the senate agree that a special session should not be 07 convened and so advise the governor in writing. 08 * Sec. 4. AS 26.23.025 is repealed and reenacted to read: 09 Sec. 26.23.025. The legislature and disaster emergencies. (a) When the 10 governor declares a condition of disaster emergency under AS 26.23.020(c), 11 concurrently with the issuance of the proclamation, the governor shall prepare and 12 deliver to the presiding officers of the legislature and to the persons who chair the 13 finance committees in each house of the legislature a financing plan describing the 14 amount by fund source of money, including the amount of state match for federal 15 funds, that the governor proposes to use to cope with the disaster, the estimated total 16 expenditures necessary to cope with the disaster, and the estimated time frame 17 necessary to cope with the disaster. 18 (b) Notwithstanding any other provision of this chapter, if the declaration of 19 a disaster emergency occurs while the legislature is in session or if a special session 20 is held, actions taken by the governor under this chapter after the close of the session 21 that are not ratified by law adopted during that session are void. 22 (c) The legislature may terminate a disaster emergency at any time by law. 23 * Sec. 5. AS 26.23.300(b) is amended to read: 24 (b) Subject to the restrictions of AS 26.23.020(h) - (j) [(d) OF THIS 25 SECTION], the governor may [, WITHOUT ADDITIONAL LEGISLATIVE 26 AUTHORIZATION,] expend [NOT MORE THAN $1,000,000 OF] the assets of the 27 disaster relief fund for the following purposes: 28 (1) to implement provisions of law relating to disaster relief in the case 29 of a disaster or an event ; 30 (2) to alleviate the effects of a disaster or an event by making grants 31 or loans to persons or political subdivisions on terms the governor considers
01 appropriate or by other means the governor considers appropriate. 02 * Sec. 6. AS 26.23.900(2) is amended to read: 03 (2) "disaster" means the occurrence or imminent threat of widespread or severe 04 damage, injury, [OR] loss of life or property , or shortage of food, water, or fuel 05 resulting from [A NATURAL OR MAN-MADE CAUSE, INCLUDING] 06 (A) an event such as storm, high water, wind-driven water, 07 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 08 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, 09 [EARTHQUAKE, LANDSLIDE, MUDSLIDE, AVALANCHE, WIND- 10 DRIVEN WATER, WEATHER CONDITION, TSUNAMI, VOLCANIC ACTIVITY,] 11 epidemic, [AIR CONTAMINATION, BLIGHT, INFESTATION,] explosion, or riot [, OR 12 SHORTAGE OF FOOD, WATER, FUEL, OR CLOTHING]; 13 (B) the release of oil or a hazardous substance [,] if the release 14 requires prompt action to avert environmental danger or mitigate 15 environmental damage; or [AND] 16 (C) equipment failure [,] if the failure is not a predictably 17 frequent or recurring event or preventable by adequate equipment maintenance 18 or operation; 19 * Sec. 7. AS 26.23.300(c) is repealed.