HB 360: "An Act relating to an emergency declaration by the legislature; and relating to legislative sessions."
00 HOUSE BILL NO. 360 01 "An Act relating to an emergency declaration by the legislature; and relating to 02 legislative sessions." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.05 is amended by adding a new section to read: 05 Sec. 24.05.105. Emergency declaration by legislature. (a) When the 06 legislature is in session, the legislature may, by a concurrent resolution adopted by 07 two-thirds of the members of each house, declare an emergency and provide notice 08 that the legislature may discontinue meeting physically at the location of the session or 09 special session because of an emergency resulting from a disaster. The concurrent 10 resolution must include the circumstances giving rise to the emergency caused by the 11 disaster. A member may vote by teleconference or digital means under this subsection. 12 (b) When the legislature is not in session, the legislature may, upon a two- 13 thirds affirmative response to a poll conducted of the membership of each house, 14 declare an emergency and provide notice that the legislature may not be able to meet
01 physically because of an emergency resulting from a disaster. The polling question 02 must include information regarding the circumstances giving rise to the emergency 03 caused by the disaster. Each presiding officer may conduct a poll under this subsection 04 by their joint agreement, and each shall conduct a poll upon the request of 25 percent 05 of the membership of each house, expressed orally or in writing by those members. 06 When two-thirds of the membership responds in the affirmative, the president of the 07 senate and speaker of the house of representatives shall jointly announce the result of 08 the poll. If the presiding officer is deceased, has resigned, or is incapacitated, the 09 majority leader may conduct the poll of the members of that house. If the presiding 10 officer and majority leader of the same house are deceased, have resigned, or are 11 incapacitated, the presiding officer of the other house may conduct the poll of the 12 members of both houses. If two-thirds of the membership of each house responds in 13 the affirmative, the result of the poll shall be recorded and made available to the 14 public. A poll under this subsection may also include the question of whether the 15 legislature should call itself into special session under AS 24.05.100. 16 (c) Notwithstanding (a) and (b) of this section, if members are deceased, 17 incapacitated, or missing and an emergency cannot be declared under (a) or (b) of this 18 section, the legislature may, upon an affirmative response of the remaining two-thirds 19 of the members of each house to a poll conducted of the membership of each house, 20 declare an emergency and provide notice that the legislature may discontinue meeting 21 physically at the location of the session or special session because of an emergency 22 resulting from a disaster. The polling question must include information regarding the 23 circumstances giving rise to the emergency caused by the disaster. 24 (d) A declaration made under (a) - (c) of this section expires 21 days after the 25 declaration is made. The legislature may extend a declaration made under (a) - (c) of 26 this section 27 (1) by passage of a concurrent resolution in the same manner provided 28 under (a) of this section if the legislature is in session; or 29 (2) upon an affirmative response to a poll conducted in the same 30 manner provided under (b) or (c) of this section if the legislature is not in session. 31 (e) If a declaration is made under (a) - (c) of this section or extended under (d)
01 of this section, 02 (1) each body of the legislature may hold a session in more than one 03 location simultaneously using any means of communication, including by 04 teleconference or digital means; during a session held under this paragraph, 05 (A) the identity of each participating member must be verified 06 and the actions of each participating member must be authenticated in a 07 manner satisfactory to the presiding officer; the means of communication must 08 enable each participating member to simultaneously hear or read the comments 09 of a member who is recognized by the presiding officer; 10 (B) documents accepted by the presiding officer shall be 11 immediately transmitted to each participating member; 12 (C) for the purpose of determining a quorum, a participating 13 member must be considered present as if the member were physically present; 14 (D) the presiding officer shall interpret and apply all rules of 15 procedure in a manner that accomplishes the same purpose for which each rule 16 was adopted; 17 (E) all actions taken have the same legal effect as if the 18 members had been physically present; 19 (2) digital signatures may be used in place of written signatures; if 20 digital signature technology is unavailable, a signature may be made on behalf of a 21 member not physically present if accompanied by oral authorization of the member at 22 the time of signing; 23 (3) the legislature shall notify the governor and the chief justice of the 24 supreme court that the legislature has declared an emergency resulting from a disaster. 25 (f) The Legislative Affairs Agency shall provide training on the procedures 26 authorized by this section as part of orientation for new members. 27 (g) Notwithstanding (a) - (c) of this section, within seven days after convening 28 a regular session, the presiding officer may, for training purposes, designate up to two 29 days during that regular session on which to hold a session in the manner provided 30 under (e) of this section. 31 (h) Nothing in the section prevents the use of teleconferencing for the purpose
01 of holding a committee meeting absent a legislative disaster declaration. 02 (i) In this section, "disaster" means a severe or prolonged, natural or human- 03 caused occurrence that threatens health, property, infrastructure, the environment, the 04 security of this state or a portion of this state, or critical systems, including computer, 05 telecommunications, or agricultural systems that make the ability of the legislature to 06 meet in person impossible, impractical, or of great risk to health or safety.