00 HOUSE BILL NO. 326 01 "An Act relating to state plans and programs for the safety and security of facilities and 02 systems in the state; 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, any state or federal law or any plan, program, or 10 procedure established under state or federal law, pertaining to security of a state 11 airport established under AS 02.15.060 is subject to an administrative penalty of not 12 more than $1,100 per 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 is amended by adding a new paragraph to read: 06 (10) records or information pertaining to any plan, program, or 07 procedures for establishing, maintaining, or restoring security in the state, or to any 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. AS 44.17.032 is amended by adding a new section to read: 19 Sec. 44.17.032. Orders for state security plans, programs, and procedures. 20 (a) Notwithstanding any contrary provision of law, the principal executive officer of 21 each state agency, or a board or commission with regulation adoption authority, may 22 issue an order to implement its statutory authority relating to the adoption of any plan, 23 program, or procedure for establishing, maintaining, or restoring security within the 24 state. An order issued under this section is not subject to AS 44.62 (Administrative 25 Procedure Act) and takes effect immediately unless a later effective date is specified. 26 An announcement shall be publicly issued concerning an order issued under this 27 section. This section applies only to plans, programs, or procedures for which the 28 principal executive officer or board or commission certifies in the order that 29 compliance with the regulation adoption provisions of AS 44.62 30 (1) could reasonably be expected to interfere with the implementation 31 or enforcement of the security plan, program, or procedures; 01 (2) would disclose confidential guidelines for investigations or 02 enforcement and the disclosure could reasonably be expected to risk circumvention of 03 the law; or 04 (3) could reasonably be expected to endanger the life or physical safety 05 of an individual. 06 (b) An order issued under this section is enforceable in the same manner as 07 would a regulation adopted under the issuing officer's, board's, or commission's 08 statutory authority relating to the plan, program, or procedure that is the subject of the 09 order. 10 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).