00 SENATE BILL NO. 237 01 "An Act relating to civil defense and disasters; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 26.20.040 is amended to read: 04 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 05 enemy or terrorist attack against the state, or credible threat of such an attack, the 06 governor may declare that a state of emergency exists, and, during the period of time 07 that the state of emergency exists or continues, the governor has and may exercise the 08 additional emergency power 09 (1) to enforce all laws and regulations relating to civil defense and 10 assume direct operational control of all civil defense forces and helpers in the state; 11 (2) to seize, take, or condemn property for the protection of the public 12 or at the request of the president, the armed forces or the civil defense agency of the 13 United States, including 14 (A) all means of transportation and communication, except 15 newspapers and news services; 01 (B) all stocks of fuel of whatever nature; 02 (C) food, clothing, equipment, materials, medicines, and 03 supplies; and 04 (D) facilities including buildings and plants; 05 (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, 06 and supplies among the inhabitants of the state and account to the commissioner of 07 revenue for funds received for the property; 08 (4) to make compensation for the property seized, taken, or condemned 09 on the basis described in AS 26.20.045; 10 (5) to perform and exercise other functions, powers, and duties that are 11 considered necessary to promote and secure the safety and protection of the civilian 12 population. 13 * Sec. 2. AS 26.23.020(g) is amended to read: 14 (g) In addition to any other powers conferred upon the governor by law, the 15 governor may, under AS 26.23.010 - 26.23.220, 16 (1) suspend the provisions of any regulatory statute prescribing 17 procedures for the conduct of state business, or the orders or regulations of any state 18 agency, if compliance with the provisions of the statute, order, or regulation would 19 prevent, or substantially impede or delay, action necessary to cope with the disaster 20 emergency; 21 (2) use all available resources of the state government and of each 22 political subdivision of the state as reasonably necessary to cope with the disaster 23 emergency; 24 (3) transfer personnel or alter the functions of state departments and 25 agencies or units of them for the purpose of performing or facilitating the performance 26 of disaster emergency services; 27 (4) subject to any applicable requirements for compensation under 28 AS 26.23.160, commandeer or utilize any private property, except for all news media 29 other than as specifically provided for in AS 26.23.010 - 26 23.220, if the governor 30 considers this necessary to cope with the disaster emergency; 31 (5) direct and compel the relocation of all or part of the population 01 from any stricken or threatened area in the state, if the governor considers relocation 02 necessary for the preservation of life or for other disaster mitigation purpose; 03 (6) prescribe routes, modes of transportation, and destinations in 04 connection with necessary relocation; 05 (7) control ingress to and egress from a disaster area, the movement of 06 persons within the area, and the occupancy of premises in it; 07 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 08 beverages, firearms, explosives, and combustibles; 09 (9) make provisions for the availability and use of temporary 10 emergency housing; 11 (10) allocate or redistribute food, water, fuel, pharmaceuticals and 12 other medicines, supplies, or clothing; [AND] 13 (11) use money from the oil and hazardous substance release response 14 account in the oil and hazardous substance release prevention and response fund, 15 established by AS 46.08.010, to respond to a declared disaster emergency related to an 16 oil or hazardous substance discharge; and 17 (12) access, inspect, and share health care and medical records on 18 an as-needed basis to facilitate a response to protect public health and safety. 19 * Sec. 3. AS 26.23.900(2) is amended to read: 20 (2) "disaster" means the occurrence or imminent threat of widespread 21 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 22 resulting from 23 (A) an incident such as storm, high water, wind-driven water, 24 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 25 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, 26 explosion, or riot; 27 (B) the release of oil or a hazardous substance if the release 28 requires prompt action to avert environmental danger or mitigate 29 environmental damage; [OR] 30 (C) equipment failure if the failure is not a predictably frequent 31 or recurring event or preventable by adequate equipment maintenance or 01 operation; 02 (D) a terrorist or enemy attack or credible threat of such an 03 attack; or 04 (E) an outbreak of disease or credible threat of an outbreak 05 of disease; 06 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).