CSSB 385(HES): "An Act relating to homeland security, to civil defense, to emergencies and to disasters, including disasters in the event of attacks, outbreaks of disease, or threats of attack or outbreak of disease; establishing the Alaska division of homeland security and emergency management in the Department of Military and Veterans' Affairs and relating to the functions of that division and that department; and providing for an effective date."
00 CS FOR SENATE BILL NO. 385(HES) 01 "An Act relating to homeland security, to civil defense, to emergencies and to disasters, 02 including disasters in the event of attacks, outbreaks of disease, or threats of attack or 03 outbreak of disease; establishing the Alaska division of homeland security and 04 emergency management in the Department of Military and Veterans' Affairs and 05 relating to the functions of that division and that department; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 PURPOSE. The purpose of the establishment of the Alaska division of homeland 11 security and emergency management in sec. 5 of this Act and the repeal of AS 26.23.030 in 12 sec. 19 of this Act is to further the consolidation of the Department of Military and Veterans' 13 Affairs' emergency services and homeland security functions into a single division in order to
01 provide for more efficient administration of those functions and to transfer functions of the 02 division of emergency services into the division of homeland security and emergency 03 management. 04 * Sec. 2. AS 26.20.010 is amended to read: 05 Sec. 26.20.010. Policy and purpose. (a) Because of the [NATIONAL 06 EMERGENCY AND THE] possibility of [DISASTERS OR EMERGENCIES 07 RESULTING FROM] enemy or terrorist attack, sabotage, or other hostile action 08 against or in the state, and in order to ensure [INSURE] adequate preparations for 09 attack [DISASTERS] or emergencies, and generally to provide for homeland 10 security and the common defense, it is found and declared to be necessary 11 (1) to provide for a state homeland security and civil defense agency 12 [, AND TO AUTHORIZE THE CREATION OF LOCAL ORGANIZATIONS FOR 13 CIVIL DEFENSE]; 14 (2) to confer upon the governor [AND UPON THE EXECUTIVE 15 HEADS OF THE DISTRICTS OF THE STATE] the emergency powers provided in 16 this chapter; 17 (3) to provide for mutual aid and cooperation among the state, local, 18 and private agencies [DISTRICTS] of the state, with the other states of the United 19 States, [AND] with the federal government, and with the provinces of another 20 country, for carrying out homeland security and civil defense functions; 21 (4) to authorize the [ESTABLISHMENT OF ORGANIZATIONS 22 AND] taking of steps that are necessary and appropriate to carry out the provisions of 23 this chapter. 24 (b) It is further declared that the purpose of this chapter and the policy of the 25 state is that all homeland security and civil defense functions of this state be 26 coordinated to the maximum extent with the comparable functions of the federal 27 government, including its various departments and agencies, of the states of the United 28 States and localities, and of private agencies of every type, so that the most effective 29 preparation and use may be made of the state's manpower, resources, and facilities for 30 dealing with any attack [DISASTER] that occurs. 31 * Sec. 3. AS 26.20.010 is amended by adding a new subsection to read:
01 (c) It is further declared that the purpose of this chapter and the policy of the 02 state is that all homeland security and civil defense functions of this state be 03 coordinated by and through the Department of Military and Veterans' Affairs, with the 04 cooperation and assistance of all state agencies. 05 * Sec. 4. AS 26.20.020 is amended to read: 06 Sec. 26.20.020. Homeland security and civil [CIVIL] defense powers of 07 the Department of Military and Veterans' Affairs. (a) The Department of Military 08 and Veterans' Affairs is responsible for carrying out the provisions of this chapter 09 [AND, IN THE EVENT OF DISASTER OR EMERGENCY BEYOND LOCAL 10 CONTROL, MAY ASSUME DIRECT OPERATIONAL CONTROL OVER ALL OR 11 ANY PART OF THE CIVIL DEFENSE FUNCTIONS WITHIN THIS STATE]. 12 (b) In performing its duties under this chapter, the department may 13 (1) issue, adopt, amend, and rescind the necessary orders and 14 regulations to carry out this chapter, with consideration of the plans and programs of 15 the federal government; 16 (2) prepare and implement [A] comprehensive plans [PLAN] and 17 programs [PROGRAM] for the homeland security and civil defense of this state, 18 and coordinate with state agencies in the preparation and implementation of 19 those plans and programs, which shall be integrated into and coordinated with the 20 homeland security and civil defense plans and programs of the federal government 21 and of each state of the United States to the fullest possible extent, and coordinate the 22 preparation and implementation of plans and programs for homeland security and 23 civil defense by political subdivisions and private agencies of the [DISTRICTS OF 24 THIS] state, which shall be integrated into and coordinated with the homeland 25 security and civil defense plans [PLAN] and programs [PROGRAM] of this state to 26 the fullest possible extent; 27 (3) ascertain the requirements of the state [OR THE DISTRICTS OF 28 THE STATE] for food or clothing or other necessities of life in the event of attack and 29 plan for and procure supplies, medicines, materials, and equipment, and use and 30 employ any of the property, services, and resources within the state, for the purposes 31 set out [FORTH] in this chapter; make surveys of the industries, resources, and
01 facilities within the state that are necessary to carry out the purposes of this chapter; 02 institute training programs and public information programs; [,] and take all other 03 preparatory steps, including the partial or full mobilization of homeland security, 04 civil defense, and emergency organizations and personnel in advance of actual 05 attack [DISASTER], to ensure the furnishing of adequately trained and equipped 06 [FORCES OF CIVIL DEFENSE] personnel and adequate resources in time of need; 07 (4) cooperate with the [PRESIDENT AND HEADS OF THE ARMED 08 FORCES, AND THE CIVIL DEFENSE AGENCY OF THE UNITED STATES, 09 AND WITH THE] officers and agencies of the United States and the states of the 10 United States, in matters pertaining to the homeland security and civil defense of the 11 state and nation and the incidents thereof; and, in this connection, [TO] take any 12 measures that it considers proper to carry into effect a request of the president and the 13 appropriate federal officers and agencies for action looking to homeland security and 14 civil defense [, INCLUDING THE DIRECTION OR CONTROL OF 15 (A) BLACKOUTS AND PRACTICE BLACKOUTS, AIR 16 RAID DRILLS, MOBILIZATION OF CIVIL DEFENSE FORCES, AND 17 OTHER TESTS AND EXERCISES; 18 (B) WARNINGS AND SIGNALS FOR DRILLS OR 19 ATTACKS AND THE MECHANICAL DEVICES TO BE USED IN 20 CONNECTION WITH THEM; 21 (C) THE EFFECTIVE SCREENING OR EXTINGUISHING 22 OF LIGHTS AND LIGHTING DEVICES AND APPLIANCES; 23 (D) SHUTTING OFF WATER MAINS, GAS MAINS, 24 ELECTRIC POWER CONNECTIONS AND THE SUSPENSION OF 25 OTHER UTILITY SERVICES; 26 (E) THE CONDUCT OF CIVILIANS AND THE 27 MOVEMENT AND CESSATION OF MOVEMENT OF PEDESTRIANS 28 AND VEHICULAR TRAFFIC DURING, BEFORE, AND AFTER DRILLS 29 OR ATTACK; 30 (F) PUBLIC MEETINGS OR GATHERINGS; AND 31 (G) THE EVACUATION AND RECEPTION OF THE
01 CIVILIAN POPULATION]; 02 (5) exercise additional authority delegated by the governor to the 03 department [TAKE ACTION AND GIVE DIRECTIONS TO STATE AND LOCAL 04 LAW ENFORCEMENT OFFICERS AND AGENCIES AS ARE REASONABLE 05 AND NECESSARY] to secure compliance with this chapter and with the orders and 06 regulations issued or adopted under this chapter; 07 (6) employ measures and give directions to the state or local 08 [BOARDS OF] health agencies as are reasonably necessary for the purpose of 09 securing compliance with this chapter or with the findings or recommendations of 10 state or local [BOARDS OF] health agencies due to conditions arising from 11 [ENEMY] attack or the threat of [ENEMY] attack [OR OTHERWISE]; 12 (7) obtain and utilize the services, [AND] facilities, and information 13 of existing officers [,] and agencies of the state and of the political subdivisions 14 [DISTRICTS] of the state, whose duty it is to cooperate with and extend their services, 15 [AND] facilities, and information to the department as requested by it; 16 (8) [ESTABLISH AGENCIES AND OFFICES AND APPOINT 17 EXECUTIVE, TECHNICAL, CLERICAL, AND OTHER PERSONNEL 18 NECESSARY TO CARRY OUT THIS CHAPTER, INCLUDING, WITH 19 CONSIDERATION TO THE RECOMMENDATION OF THE LOCAL 20 AUTHORITIES, FULL TIME STATE AND DISTRICT DIRECTORS; 21 (9)] delegate authority vested in the department under this chapter, and 22 provide for the subdelegation of this authority; 23 (9) [(10)] sponsor and develop mutual aid and cooperation plans and 24 agreements among [BETWEEN] the agencies [DISTRICTS] of the state, the political 25 subdivisions of the state, and private agencies and organizations; 26 (10) [(11) ESTABLISH DISTRICTS IN THE STATE AS ARE 27 NEEDED TO CARRY OUT THE PURPOSES AND INTENT OF THIS CHAPTER; 28 (12)] sell, lend, transfer, or deliver supplies or medicines to carry out 29 the policy and purposes set out [FORTH] in this chapter on terms and conditions that 30 the department considers reasonable; 31 (11) participate in and conduct exercises to implement homeland
01 security plans and to prepare for a potential attack; 02 (12) advise the governor and the legislature on appropriate policy 03 of the state for matters of homeland security and civil defense; and 04 (13) coordinate with state agencies in providing a recommendation 05 to the governor for state action in response to changes in threats of attack [, BUT 06 SUBJECT TO THE FOLLOWING: 07 (A) MONEY DERIVED FROM THE SALE OF SUPPLIES 08 AND MEDICINES SHALL BE DEPOSITED IN A SPECIAL FUND, 09 WHICH SHALL BE USED BY THE DEPARTMENT TO REPLENISH AND 10 PURCHASE THE NECESSARY SUPPLIES AND MEDICINES; 11 (B) A SALE UNDER THIS PARAGRAPH MAY NOT BE 12 FOR AN AMOUNT BELOW 10 PER CENT OF THE REQUISITION COST 13 UNLESS FIRST APPROVED BY THE DEPARTMENT]. 14 * Sec. 5. AS 26.20 is amended by adding a new section to read: 15 Sec. 26.20.025. Creation and duties of the Alaska division of homeland 16 security and emergency management. (a) There is established in the department 17 the Alaska division of homeland security and emergency management, possessing the 18 powers and duties as set out in this section and as delegated by the adjutant general of 19 the department. 20 (b) The Alaska division of homeland security and emergency management, 21 with the concurrence and approval of the adjutant general of the department, shall 22 prepare and maintain a state homeland security plan and keep it current. The plan may 23 include provisions for 24 (1) investigation and assessment of threats from attack to persons, 25 facilities, systems, infrastructure, and other property in this state; 26 (2) identification of geographical areas, municipalities, facilities, 27 systems, infrastructure, or other property or persons especially vulnerable to an attack; 28 (3) prioritization of measures to protect persons, facilities, systems, 29 infrastructure, and other property in the state from attack; 30 (4) organization of personnel, including chains of command, and other 31 resources;
01 (5) coordination and deployment of personnel, including the organized 02 militia, state and local agency personnel, and authorized volunteers, and other 03 resources to protect persons, facilities, systems, infrastructure, and other property in 04 the state from attack or to respond to an attack; 05 (6) assistance to local officials and private agencies in designing local 06 and private security plans; 07 (7) coordination of federal, state, local, and private agencies' homeland 08 security activities; 09 (8) coordination of the state homeland security plan with the state 10 emergency plan and with the homeland security and disaster plans of the federal 11 government; 12 (9) other planning, preventive, preparedness, response, and mitigation 13 measures designed to eliminate or reduce the threat or effect of an attack; and 14 (10) other actions necessary to carry out the purposes of this chapter. 15 (c) With the concurrence and approval of the adjutant general of the 16 department, the Alaska division of homeland security and emergency management 17 shall 18 (1) develop, coordinate, and maintain a prioritized list of critical 19 infrastructure in the state; 20 (2) determine requirements of the state and its political subdivisions 21 for food, medicine, clothing, and other necessities in the event of an attack; 22 (3) procure and pre-position personnel, supplies, medicines, materials, 23 and equipment; 24 (4) plan and make arrangements for the availability and use of private 25 facilities, services, and property and, if necessary and used, provide for payment for 26 use under terms and conditions agreed upon by the state and the other parties or as 27 provided under AS 26.20.045; 28 (5) establish a register of persons with types of training and skills 29 important in homeland security and emergency response functions; 30 (6) prepare, for issuance or adoption by the governor, orders, 31 proclamations, and regulations as necessary or appropriate in coping with attacks;
01 (7) cooperate with the federal government and public or private 02 agencies or entities in achieving the purposes of this chapter and in implementing 03 programs for homeland security, civil defense, and attack prevention, preparedness, 04 response, recovery, and mitigation; 05 (8) do other things necessary or proper for the implementation of this 06 chapter. 07 (d) The division has the additional powers and duties set out in AS 26.23.040. 08 * Sec. 6. AS 26.20.030 is amended to read: 09 Sec. 26.20.030. Reciprocal aid agreements with other governments. In 10 accordance with this chapter, the [THE] governor may enter into reciprocal aid 11 agreements with other states, [AND WITH] the federal government, and provinces 12 [EITHER ON A STATEWIDE BASIS OR LOCAL DISTRICT BASIS OR WITH A 13 NEIGHBORING STATE OF THE UNITED STATES OR A PROVINCE] of a 14 foreign country. [THESE MUTUAL AID AGREEMENTS SHALL BE LIMITED 15 TO THE FURNISHING OR EXCHANGE OF FOOD, CLOTHING, MEDICINE, 16 AND OTHER SUPPLIES; ENGINEERING SERVICES; EMERGENCY HOUSING; 17 POLICE SERVICES; NATIONAL OR STATE GUARDS WHILE UNDER THE 18 CONTROL OF THE STATE; HEALTH, MEDICAL AND RELATED SERVICES; 19 FIRE FIGHTING, RESCUE, TRANSPORTATION, AND CONSTRUCTION 20 SERVICES AND EQUIPMENT; PERSONNEL NECESSARY TO PROVIDE OR 21 CONDUCT THESE SERVICES; AND OTHER SUPPLIES, EQUIPMENT, 22 FACILITIES, PERSONNEL, AND SERVICES THAT ARE NEEDED; THE 23 REIMBURSEMENT OF COSTS AND EXPENSES FOR EQUIPMENT, SUPPLIES, 24 PERSONNEL, AND SIMILAR ITEMS FOR MOBILE SUPPORT UNITS, FIRE- 25 FIGHTING UNITS, POLICE UNITS, AND HEALTH UNITS. THE AGREEMENTS 26 SHALL BE ON TERMS AND CONDITIONS THAT ARE CONSIDERED 27 NECESSARY.] 28 * Sec. 7. AS 26.20.040 is amended to read: 29 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 30 [ENEMY] attack in or against the state, or a credible threat of imminent attack, the 31 governor may declare that a state of emergency exists, and, during the period of time
01 that the state of emergency exists or continues, the governor has and may exercise the 02 additional emergency power 03 (1) to enforce all laws and regulations relating to homeland security 04 and civil defense and assume direct operational control of all homeland security and 05 civil defense forces and helpers in the state; 06 (2) to seize, take, or condemn property if, and only to the extent that, 07 the governor determines that the property is needed for the protection of the public 08 [OR AT THE REQUEST OF THE PRESIDENT, THE ARMED FORCES OR THE 09 CIVIL DEFENSE AGENCY OF THE UNITED STATES], including 10 (A) [ALL MEANS OF] transportation and communication 11 equipment, except newspapers and news services; 12 (B) [ALL STOCKS OF] fuel [OF WHATEVER NATURE]; 13 (C) food, clothing, equipment, materials, medicines, and 14 supplies; and 15 (D) facilities including buildings and plants; 16 (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, 17 and supplies among the inhabitants of the state and account to the commissioner of 18 revenue for funds received for the property; 19 (4) to make compensation for the property seized, taken, or condemned 20 on the basis described in AS 26.20.045; 21 (5) to suspend the provisions of a regulatory statute prescribing 22 procedures for the conduct of state business or the order or regulation of a state 23 agency if compliance with the provisions of the statute, order, or regulation 24 would prevent, or substantially impede or delay, action necessary to cope with 25 the emergency; 26 (6) to use all available resources of the state government and of 27 each political subdivision of the state as reasonably necessary to cope with the 28 emergency; 29 (7) to transfer personnel or alter the functions of state departments 30 and agencies or units of them for the purpose of responding to or facilitating the 31 response to the emergency;
01 (8) to perform and exercise other functions, powers, and duties that are 02 considered necessary to promote and secure the safety and protection of the civilian 03 population. 04 * Sec. 8. AS 26.20.040 is amended by adding new subsections to read: 05 (b) A state of emergency declared under (a) of this section may be terminated 06 by law or withdrawal of the declaration. 07 (c) In this section, "credible threat of imminent attack" means a threat of 08 attack against persons or property in the state that the adjutant general of the 09 department or a designee of the adjutant general, in consultation with the 10 commissioner of public safety or a designee of the commissioner of public safety, 11 certifies to the governor has a high probability of occurring in the near future; the 12 certification must be based on specific information received from a local, state, 13 federal, or international agency, or another source that the adjutant general or the 14 designee of the adjutant general, in conjunction with the commissioner of public safety 15 or a designee of the commissioner of public safety, determines is reliable. 16 * Sec. 9. AS 26.20.100 is amended to read: 17 Sec. 26.20.100. Traffic control. In coordination with the Department of 18 Public Safety and the Department of Transportation and Public Facilities, the 19 [THE] department may 20 (1) formulate and execute plans and regulations for the control of 21 traffic for the rapid and safe movement of evacuation over public highways and streets 22 of people, troops, or vehicles and materials for homeland security and civil defense ; 23 and 24 (2) establish and operate checkpoints along private or public 25 roadways serving critical property or facilities in the state, at the direction of the 26 governor when the governor determines that a sufficiently high threat of attack 27 exists to warrant the action; the checkpoints established under this paragraph 28 may be in conjunction with closure of the roadway under AS 19.10.100; 29 operation of a checkpoint shall be limited to enforcement of the roadway closure 30 or reasonable inspection of persons and vehicles for weapons, explosives, 31 chemicals, biological or biochemical agents, or other instruments capable of
01 causing widespread or severe injury to persons or property [NATIONAL 02 DEFENSE OR FOR USE IN A DEFENSE INDUSTRY, AND MAY COORDINATE 03 THE ACTIVITIES OF THE DEPARTMENTS OR AGENCIES OF THE STATE 04 AND OF THE DISTRICTS CONCERNED WITH PUBLIC HIGHWAYS AND 05 STREETS, IN A MANNER THAT WILL BEST CARRY OUT THOSE PLANS]. 06 * Sec. 10. AS 26.20.110 is amended to read: 07 Sec. 26.20.110. Lease or loan of state property and transfer of personnel. 08 Notwithstanding any inconsistent provision of law, 09 [(1)] whenever the governor considers it is in the public interest [,] and 10 the urgency of the situation demands, the governor may 11 (1) [(A)] authorize a department or agency of the state to lease or lend, 12 on the terms and conditions that the governor considers necessary to promote the 13 public welfare and protect the interests of the state, real or personal property of the 14 state government to the president, the heads of the armed forces, or to the homeland 15 security or civil defense agency of the United States; 16 (2) [(B)] enter into an agreement on behalf of the state for the use or 17 loan to any political subdivision [DISTRICT] of the state, on terms and conditions 18 the governor considers necessary to promote the public welfare and protect the 19 interests of the state, of real or personal property of the state government, or the 20 temporary transfer or employment of personnel of the state government, to or by any 21 political subdivision [DISTRICT] of the state [; 22 (2) THE DIRECTOR OF EACH DISTRICT OF THE STATE MAY 23 (A) ENTER INTO A CONTRACT OR LEASE WITH THE 24 STATE, OR ACCEPT A LOAN, OR EMPLOY PERSONNEL, AND THE 25 DISTRICT MAY EQUIP, MAINTAIN, UTILIZE, AND OPERATE THE 26 PROPERTY AND EMPLOY NECESSARY PERSONNEL FOR THAT 27 PURPOSE IN ACCORDANCE WITH THE PURPOSES FOR WHICH THE 28 CONTRACT IS EXECUTED; 29 (B) DO ALL THINGS AND PERFORM ALL ACTS THAT 30 THE GOVERNOR CONSIDERS NECESSARY TO CARRY OUT THE 31 PURPOSE FOR WHICH THE CONTRACT IS MADE].
01 * Sec. 11. AS 26.20.145 is amended to read: 02 Sec. 26.20.145. Immunity of owners of public shelters. A person owning or 03 controlling real estate who voluntarily and without compensation permits the 04 designation or use of the whole or part of the real estate for the purpose of sheltering 05 persons during an actual or practice attack or homeland security or civil defense 06 emergency or practice drill shall, together with the person's successors in interest, be 07 immune from suit for negligence arising out of the construction or maintenance of the 08 property causing the death of, or injury to, any person using the shelter during an 09 actual or practice attack or homeland security or civil defense emergency or 10 practice drill. 11 * Sec. 12. AS 26.20.150 is amended to read: 12 Sec. 26.20.150. Authority to accept services, gifts, grants, and loans. (a) 13 Whenever the federal government or an agency or officer of the federal government 14 offers to the state [, OR THROUGH THE STATE TO A DISTRICT,] services, 15 equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose 16 [PURPOSES] of homeland security or civil defense, the department [STATE 17 ACTING THROUGH THE GOVERNOR, OR THE DISTRICT, ACTING WITH 18 THE CONSENT OF THE GOVERNOR AND THROUGH ITS EXECUTIVE 19 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 20 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 21 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 22 THE STATE OR THE DISTRICT, AS THE CASE MAY BE, TO] receive the 23 services, equipment, supplies, materials, or funds on behalf of the state [OR THE 24 DISTRICT], subject to the terms of the offer and the regulations, if any, of the agency 25 making the offer. 26 (b) Whenever a person offers to the state [OR TO A DISTRICT] services, 27 equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of 28 homeland security or civil defense, the department [STATE ACTING THROUGH 29 THE GOVERNOR, OR THE DISTRICT ACTING THROUGH ITS EXECUTIVE 30 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 31 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR
01 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 02 THE STATE OR OF THE DISTRICT, AS THE CASE MAY BE, TO] receive the 03 services, equipment, supplies, materials, or funds on behalf of the state, [OR 04 DISTRICT, AND] subject to the terms of the offer. 05 * Sec. 13. AS 26.20 is amended by adding a new section to read: 06 Sec. 26.20.195. Federal regulation of homeland security. The requirements 07 of this chapter do not apply to facilities, aircraft, vessels, and other means and modes 08 of transportation that are subject to federal homeland security requirements, including 09 aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520 and 10 Subchapter C, Parts 1540 - 1550 and maritime and land security requirements at 33 11 C.F.R. Chapter 1 Subchapter H, Parts 101 - 106 and 49 C.F.R. Chapter XII Subchapter 12 D, Parts 1570 - 1572. 13 * Sec. 14. AS 26.20.200 is amended by adding new paragraphs to read: 14 (4) "attack" means the use of weapons, explosives, chemicals, 15 biological or biochemical agents, or other instruments with the potential for major 16 force or impact, with apparent intent to inflict widespread or severe injury to persons 17 or property; 18 (5) "homeland security" means the detection, prevention, preemption, 19 and deterrence of, protection from, and response to, attacks targeted at territory, 20 population, or infrastructure in this state; 21 (6) "political subdivision" means 22 (A) a municipality; 23 (B) an unincorporated village; or 24 (C) another unit of local government; 25 (7) "private agency" means a for-profit or nonprofit corporation, 26 association, or other group or entity operating in the state. 27 * Sec. 15. AS 26.23.020(g) is amended to read: 28 (g) In addition to any other powers conferred upon the governor by law, the 29 governor may, under AS 26.23.010 - 26.23.220, 30 (1) suspend the provisions of any regulatory statute prescribing 31 procedures for the conduct of state business, or the orders or regulations of any state
01 agency, if compliance with the provisions of the statute, order, or regulation would 02 prevent, or substantially impede or delay, action necessary to cope with the disaster 03 emergency; 04 (2) use all available resources of the state government and of each 05 political subdivision of the state as reasonably necessary to cope with the disaster 06 emergency; 07 (3) transfer personnel or alter the functions of state departments and 08 agencies or units of them for the purpose of performing or facilitating the performance 09 of disaster emergency services; 10 (4) subject to any applicable requirements for compensation under 11 AS 26.23.160, commandeer or utilize any private property, except for all news media 12 other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor 13 considers this necessary to cope with the disaster emergency; 14 (5) direct and compel the relocation of all or part of the population 15 from any stricken or threatened area in the state [,] if the governor considers relocation 16 necessary for the preservation of life or for other disaster mitigation purpose; 17 (6) prescribe routes, modes of transportation, and destinations in 18 connection with necessary relocation; 19 (7) control ingress to and egress from a disaster area, the movement of 20 persons within the area, and the occupancy of premises in it; 21 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 22 beverages, [FIREARMS,] explosives, and combustibles; 23 (9) make provisions for the availability and use of temporary 24 emergency housing; 25 (10) allocate or redistribute food, water, fuel, [OR] clothing, medicine, 26 or supplies; and 27 (11) use money from the oil and hazardous substance release response 28 account in the oil and hazardous substance release prevention and response fund, 29 established by AS 46.08.010, to respond to a declared disaster emergency related to an 30 oil or hazardous substance discharge. 31 * Sec. 16. AS 26.23.040 is amended by adding a new subsection to read:
01 (g) The Alaska division of homeland security and emergency management has 02 the additional powers and duties set out in AS 26.20.025. 03 * Sec. 17. AS 26.23.210 is repealed and reenacted to read: 04 Sec. 26.23.210. Relationship to homeland security and civil defense laws. 05 (a) In the event of a conflict between this chapter and AS 26.20, including in the event 06 the governor declares a disaster under this chapter due to an attack or imminent threat 07 of attack as described in AS 26.23.900(2), the provisions of this chapter shall govern. 08 (b) The provisions of AS 26.20.140, providing for immunity of government, 09 employees, and other authorized persons in certain circumstances, apply when the 10 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 11 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 12 providing assistance to the state under a compact in a form substantially as contained 13 in AS 26.23.136. 14 * Sec. 18. AS 26.23.900(2) is amended to read: 15 (2) "disaster" means the occurrence or imminent threat of widespread 16 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 17 resulting from 18 (A) an incident such as storm, high water, wind-driven water, 19 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 20 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, 21 explosion, or riot; 22 (B) the release of oil or a hazardous substance if the release 23 requires prompt action to avert environmental danger or mitigate 24 environmental damage; [OR] 25 (C) equipment failure if the failure is not a predictably frequent 26 or recurring event or preventable by adequate equipment maintenance or 27 operation; 28 (D) enemy or terrorist attack or an imminent threat of 29 enemy or terrorist attack in or against the state that the adjutant general 30 of the Department of Military and Veterans' Affairs or a designee of the 31 adjutant general, in consultation with the commissioner of public safety or
01 a designee of the commissioner of public safety, certifies to the governor 02 has a high probability of occurring in the near future; the certification 03 must meet the standards of AS 26.20.040(c); in this subparagraph, 04 "attack" has the meaning given under AS 26.20.200; or 05 (E) an outbreak of disease or an imminent threat of an 06 outbreak of disease that the commissioner of health and social services or 07 a designee of the commissioner of health and social services certifies to the 08 governor has a high probability of occurring in the near future; the 09 certification must be based on specific information received from a local, 10 state, federal, or international agency, or another source that the 11 commissioner or the designee determines is reliable; 12 * Sec. 19. AS 26.20.050, 26.20.060, 26.20.070, 26.20.080, 26.20.090, 26.20.120, 13 26.20.130, 26.20.160, 26.20.170, 26.20.180, 26.20.200(3); AS 26.23.030, and 26.23.900(4) 14 are repealed. 15 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 REVISORS' INSTRUCTIONS. (a) The revisor of statutes is instructed to change the 18 heading of 19 (1) AS 26.20 from "Chapter 20. Civil Defense" to "Chapter 20. Homeland 20 Security and Civil Defense"; 21 (2) AS 26.23.040 from "Duties of the Alaska division of emergency services." 22 to "Homeland security duties of the Alaska division of homeland security and emergency 23 management." 24 (b) Wherever in the Alaska Statutes and the Alaska Administrative Code the term 25 "division of emergency services," which is in the Department of Military and Veterans' 26 Affairs, is used, it shall be read as the "division of homeland security and emergency 27 management" when to do so would be consistent with the purpose of this Act. 28 (c) Under AS 01.05.031, the revisor of statutes shall implement this section in the 29 statutes. 30 (d) Under AS 44.62.125(b)(6), the regulations attorney shall implement (b) of this 31 section in the Alaska Administrative Code.
01 * Sec. 21. This Act takes effect immediately under AS 01.10.070(c).