HB 221: "An Act relating to the powers of the governor and the powers of the Department of Health and Social Services during a disaster emergency."

00 HOUSE BILL NO. 221 01 "An Act relating to the powers of the governor and the powers of the Department of 02 Health and Social Services during a disaster emergency." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the intent of the legislature that if the governor wishes 07 to control the movement of commerce and the general public during a disaster emergency 08 declared under AS 26.23.020(c), the governor and the governor's administration shall give 09 due consideration to Alaskans' unalienable and constitutional rights before issuing a mandate, 10 advisory order, or proclamation. 11 * Sec. 2. AS 18.15.390 is amended by adding a new subsection to read: 12 (b) Notwithstanding (a) of this section, the department may not take an action 13 that exceeds the authority granted to the governor in AS 26.23.020(l). 14 * Sec. 3. AS 26.23.020(b) is amended to read:

01 (b) The governor may issue orders, proclamations, and regulations necessary 02 to carry out the purposes of this chapter, and amend or rescind them. These orders, 03 proclamations, and regulations have the force of law. The governor shall consider 04 and take all reasonable steps to protect individual civil liberties before issuing an 05 order, proclamation, or regulation under this chapter. 06 * Sec. 4. 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 no 11 longer exists. The governor may terminate the disaster emergency by proclamation. A 12 proclamation of disaster emergency expires after [MAY NOT REMAIN IN EFFECT 13 LONGER THAN] 30 days unless ratified and extended by the legislature by a 14 concurrent resolution passed by an affirmative vote of two-thirds of the 15 membership in joint session. The proclamation must indicate the nature of the 16 disaster, the area threatened or affected, and the conditions that have brought it about 17 or that make possible the termination of the disaster emergency. A proclamation to 18 declare a condition of disaster emergency must also state whether the governor 19 proposes to expend state funds to respond to the disaster under (i) or (j) of this section. 20 * Sec. 5. AS 26.23.020 is amended by adding a new subsection to read: 21 (l) Notwithstanding any other provision of law, if the governor declares a 22 condition of disaster emergency under (c) of this section in response to an outbreak of 23 disease or a credible threat of an imminent outbreak of disease, the governor may issue 24 only orders, proclamations, and regulations necessary to carry out the powers and 25 operations of state agencies, including public corporations. The governor may issue 26 advisements and public health recommendations to the general public, but the 27 advisement or public health recommendation may not be enforced against a person. 28 The governor may not control the movement of commerce.