00                      CS FOR HOUSE BILL NO. 326(STA)                                                                    
01 "An Act relating to the security of certain state airports; exempting certain records and                               
02 information from the category of public records; and providing for an effective date."                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 02.15 is amended by adding a new section to read:                                                 
05            Sec. 02.15.245.  Administrative penalties for security violations.  (a)  In                                
06       addition to applicable criminal and other penalties imposed by the court under                                    
07       AS 02.15.240, a person or an entity that violates or causes or permits to be violated, or                         
08       that is legally or contractually responsible for the conduct of a person who violates or                          
09       causes or permits to be violated, a state or federal law or a plan, program, or procedure                         
10       established under state or federal law pertaining to security of a state airport                                  
11       established under AS 02.15.060 is subject to an administrative penalty of not more                                
12       than $1,100 for each incident.  The department may assess the penalty by order after                              
13       following procedures established in regulations adopted under (b) of this section.  A                             
14       person or an entity is subject to assessment of a penalty under this section only if the                          

01       person or entity had, at the time of the violation, actual or constructive knowledge of                           
02       the violated law or program adopted under law.                                                                    
03            (b)  The department shall adopt regulations under AS 44.62 (Administrative                                   
04       Procedure Act) to carry out the purposes of this section.                                                         
05    * Sec. 2.  AS 40.25.120(a) is amended by adding a new paragraph to read:                                           
06                 (10)  records or information pertaining to a plan, program, or                                          
07       procedures for establishing, maintaining, or restoring security in the state, or to a                             
08       detailed description or evaluation of systems, facilities, or infrastructure in the state,                        
09       but only to the extent that the production of the records or information                                          
10                      (A)  could reasonably be expected to interfere with the                                            
11            implementation or enforcement of the security plan, program, or procedures;                                  
12                      (B)  would disclose confidential guidelines for investigations or                                  
13            enforcement and the disclosure could reasonably be expected to risk                                          
14            circumvention of the law; or                                                                                 
15                      (C)  could reasonably be expected to endanger the life or                                          
16            physical safety of an individual or to present a real and substantial risk to the                            
17            public health and welfare.                                                                                   
18    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).