00                      CS FOR SENATE BILL NO. 238(STA)                                                                   
01 "An Act relating to state safety plans, programs, and procedures and to systems,                                        
02 facilities, and infrastructure in the state; exempting from public inspection as public                                 
03 records certain records and information relating to state safety plans, programs, and                                   
04 procedures; and providing for an effective date."                                                                       
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 40.25.120(a) is amended by adding a new paragraph to read:                                        
07                 (10)  records or information pertaining to a plan, program, or                                          
08       procedures for establishing, maintaining, or restoring security in the state, or to a                             
09       detailed description or evaluation of systems, facilities, or infrastructure in the state,                        
10       but only to the extent that the production of the records or information                                          
11                      (A)  could reasonably be expected to interfere with the                                            
12            implementation or enforcement of the security plan, program, or procedures;                                  
13                      (B)  would disclose confidential guidelines for investigations or                                  
14            enforcement and the disclosure could reasonably be expected to risk                                          

01            circumvention of the law; or                                                                                 
02                      (C)  could reasonably be expected to endanger the life or                                          
03            physical safety of an individual or to present a real and substantial risk to the                            
04            public health and welfare.                                                                                   
05    * Sec. 2.  AS 44.17.032 is amended by adding a new section to read:                                                
06            Sec. 44.17.032.  Orders for state security plans, programs, and procedures.                                
07       (a)  Notwithstanding any contrary provision of law, the principal executive officer of                            
08       each state agency may issue an order to implement its statutory authority relating to                             
09       the adoption of a plan, program, or procedure for establishing, maintaining, or                                   
10       restoring security within the state.  An order issued under this section is not subject to                        
11       AS 44.62 (Administrative Procedure Act) and takes effect immediately unless a later                               
12       effective date is specified.  An announcement shall be publicly issued concerning an                              
13       order issued under this section.  This section applies only to plans, programs, or                                
14       procedures for which the principal executive officer certifies in the order that                                  
15       compliance with the regulation adoption provisions of AS 44.62                                                    
16                 (1)  could reasonably be expected to interfere with the implementation                                  
17       or enforcement of the security plan, program, or procedures;                                                      
18                 (2)  would disclose confidential guidelines for investigations or                                       
19       enforcement and the disclosure could reasonably be expected to risk circumvention of                              
20       the law; or                                                                                                       
21                 (3)  could reasonably be expected to endanger the life or physical safety                               
22       of an individual.                                                                                                 
23            (b)  An order issued under this section is enforceable in the same manner as a                               
24       regulation adopted under the issuing officer's statutory authority relating to the plan,                          
25       program, or procedure that is the subject of the order.                                                           
26    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).