HCS CSSB 101(FIN): "An Act relating to disasters and to the disaster relief fund."
00HOUSE CS FOR CS 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 a concurrent resolution. The proclamation must 14 indicate the nature of the disaster, the area threatened or affected, and the conditions
01 that have brought it about or that make possible the termination of the disaster 02 emergency. A proclamation to declare a condition of disaster emergency must also 03 state whether the governor proposes to expend state funds to respond to the 04 disaster under (i) or (j) 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 $500,000 of 07 state funds per incident to prevent, minimize, or respond to the effects of an incident 08 that may occur or occurs in the state and that, in the determination of the governor, 09 poses a direct and imminent threat of sufficient magnitude and severity to justify state 10 action. Before expending funds under this subsection to respond to an incident, the 11 governor shall provide a financing plan to cope with the incident to the legislature in 12 the same manner prescribed for disaster emergencies under AS 26.23.025(a). 13 (i) If the governor declares a condition of disaster emergency, the governor 14 may expend during a fiscal year not more than $1,000,000 of state funds per disaster 15 declaration, including the assets of the disaster relief fund, to 16 (1) save lives, protect property and public health and safety, or lessen 17 or avert the threat of the disaster that poses a direct and imminent threat of sufficient 18 severity and magnitude to justify state action; 19 (2) implement provisions of law relating to disaster relief to cope with 20 the disaster; 21 (3) alleviate the effects of the disaster by making grants or loans to 22 persons or political subdivisions on terms the governor considers appropriate or by 23 other means the governor considers appropriate. 24 (j) If the disaster described in the governor's proclamation to declare a 25 condition of disaster emergency is a fire, the governor may expend state funds as 26 necessary to save lives or protect property and public health and safety. 27 (k) The governor may expend more than $500,000 of state funds to cope with 28 an incident under (h) of this section or more than $1,000,000 of state funds to cope 29 with a disaster under (i) of this section under the following circumstances: 30 (1) if the legislature is in session, the legislature approves a financing 31 plan to cope with the incident or disaster that identifies the amount in excess of the
01 expenditure limits that is to be expended from state funds; or 02 (2) if the legislature is not in session, either 03 (A) the governor convenes a special session of the legislature 04 within five days after declaring the condition of disaster emergency or within 05 five days after providing a financing plan to cope with an incident to the 06 legislature and the legislature convenes in special session and approves a 07 financing plan to cope with the incident or disaster that identifies the amount 08 in excess of the expenditure limits that is to be expended from state funds; or 09 (B) the presiding officers of both the house of representatives 10 and the senate do not object to the financing plan prepared by the governor and 11 agree that a special session should not be convened and so advise the governor 12 in writing. 13 * Sec. 4. AS 26.23.025 is repealed and reenacted to read: 14 Sec. 26.23.025. The legislature and disaster emergencies. (a) When the 15 governor declares a condition of disaster emergency under AS 26.23.020(c), 16 concurrently with the issuance of the proclamation, the governor shall prepare and 17 deliver to the presiding officers of the legislature and to the persons who chair the 18 finance committees in each house of the legislature a financing plan describing the 19 amount by fund source of money, including the amount of state match for federal 20 funds, that the governor proposes to use to cope with the disaster, the estimated total 21 expenditures necessary to cope with the disaster, and the estimated time frame 22 necessary to cope with the disaster. 23 (b) Notwithstanding any other provision of this chapter, if the declaration of 24 a disaster emergency occurs while the legislature is in session or if a special session 25 is held, actions taken by the governor under this chapter after the close of the session 26 that are not ratified by a concurrent resolution adopted during that session are void. 27 (c) The legislature, by concurrent resolution, may terminate a disaster 28 emergency at any time. 29 * Sec. 5. AS 26.23.300(b) is amended to read: 30 (b) Subject to the restrictions of AS 26.23.020(h) - (k) [(d) OF THIS 31 SECTION], the governor may [, WITHOUT ADDITIONAL LEGISLATIVE
01 AUTHORIZATION,] expend [NOT MORE THAN $1,000,000 OF] the assets of the 02 disaster relief fund for the following purposes: 03 (1) to implement provisions of law relating to disaster relief in the case 04 of a disaster or an incident ; 05 (2) to alleviate the effects of a disaster or an incident by making 06 grants or loans to persons or political subdivisions on terms the governor considers 07 appropriate or by other means the governor considers appropriate. 08 * Sec. 6. AS 26.23.900(2) is amended to read: 09 (2) "disaster" means the occurrence or imminent threat of widespread or severe 10 damage, injury, [OR] loss of life or property , or shortage of food, water, or fuel 11 resulting from [A NATURAL OR MAN-MADE CAUSE, INCLUDING] 12 (A) an incident such as storm, high water, wind-driven 13 water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, 14 mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, 15 flood, [EARTHQUAKE, LANDSLIDE, MUDSLIDE, AVALANCHE, WIND- 16 DRIVEN WATER, WEATHER CONDITION, TSUNAMI, VOLCANIC ACTIVITY,] 17 epidemic, [AIR CONTAMINATION, BLIGHT, INFESTATION,] explosion, or riot [, OR 18 SHORTAGE OF FOOD, WATER, FUEL, OR CLOTHING]; 19 (B) the release of oil or a hazardous substance [,] if the release 20 requires prompt action to avert environmental danger or mitigate 21 environmental damage; or [AND] 22 (C) equipment failure [,] if the failure is not a predictably 23 frequent or recurring event or preventable by adequate equipment maintenance 24 or operation; 25 * Sec. 7. AS 26.23.300(c) is repealed.