00 HOUSE CS FOR CS FOR SENATE BILL NO. 385(RLS) am H 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. 6 of this Act and the repeal of AS 26.23.030 in 12 sec. 22 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 24.20 is amended by adding new a section to article 5 to read: 05 Sec. 24.20.680. Legislative review. (a) The Homeland Security and 06 Emergency Management Subcommittee is established as a subcommittee of the Joint 07 Armed Services Committee established under AS 24.20.650. The subcommittee shall 08 be organized within 15 days after the organization of the committee each legislature. 09 The subcommittee is established to review confidential activities, plans, reports, 10 recommendations, and other materials of the Alaska division of homeland security and 11 emergency management established in AS 26.20.025, or of other agencies or persons, 12 relating to matters concerning homeland security and civil defense, emergencies, or 13 disasters in the state or to the state's preparedness for or ability to mount a prompt 14 response to matters concerning homeland security and civil defense, emergencies, or 15 disasters. 16 (b) Subject to (c) of this section, the subcommittee is composed of six to eight 17 members, as follows: 18 (1) the president of the senate and the speaker of the house of 19 representatives; 20 (2) the respective chairs of the subcommittees of the House and Senate 21 Finance Committees that consider the military and veterans' affairs budget; 22 (3) if the chair of the senate subcommittee described in (2) of this 23 subsection is 24 (A) not a member of the Joint Armed Services Committee 25 established in AS 24.20.650, two senate members of the Joint Armed Services 26 Committee, selected by the president of the senate, one of whom is not a 27 member of the political party to which a majority of members of the senate 28 belong; 29 (B) a member of the Joint Armed Services Committee 30 established in AS 24.20.650, one senate member of the Joint Armed Services 31 Committee selected by the president of the senate; 01 (3) if the chair of the house subcommittee described in (2) of this 02 subsection is 03 (A) not a member of the Joint Armed Services Committee 04 established in AS 24.20.650, two house members of the Joint Armed Services 05 Committee selected by the speaker of the house of representatives, one of 06 whom is not a member of the political party to which a majority of members of 07 the house of representatives belong; 08 (B) a member of the Joint Armed Services Committee 09 established in AS 24.20.650, one house member of the Joint Armed Services 10 Committee selected by the speaker of the house of representatives. 11 (c) To be eligible for service on the subcommittee, a member shall have a 12 federal security clearance at the secret level at the time of entering service or shall 13 have an interim security clearance at the secret level at the time of entering service and 14 shall apply for and receive a federal security clearance at the secret level. Members 15 holding a federal security clearance at the secret level at the time of entering service or 16 receiving the clearance subsequent to entering service shall maintain the federal 17 security clearance at the secret level to remain qualified to serve on the subcommittee. 18 (d) The president of the senate and the speaker of the house of representatives 19 may condition service on the subcommittee by members upon the execution of 20 appropriate confidentiality agreements by the members or by persons assisting those 21 members. Information and documents received by members serving on the 22 subcommittee or persons assisting members under a confidentiality agreement as 23 described in this subsection are not public records and are not subject to public 24 disclosure under AS 40.25.100 - 40.25.220. 25 (e) Members who remain qualified to serve on the subcommittee under this 26 section serve for the duration of the legislature during which the members enter 27 service. If a member is reelected or a member's term of office extends into the next 28 succeeding legislature and the member remains qualified under this section, the 29 member shall continue to serve until the member reenters service on the subcommittee 30 through the operation of (b) of this section or until the member's successor enters 31 service. 01 (f) When a member files a declaration of candidacy for an elective office other 02 than that of member of either house of the legislature, and the member has not 03 resigned from service, the member's service terminates on the date that the member 04 leaves legislative office. 05 * Sec. 3. AS 26.20.010 is amended to read: 06 Sec. 26.20.010. Policy and purpose. (a) Because of the [NATIONAL 07 EMERGENCY AND THE] possibility of [DISASTERS OR EMERGENCIES 08 RESULTING FROM] enemy or terrorist attack, sabotage, or other hostile action 09 against or in the state, and in order to ensure [INSURE] adequate preparations for 10 attack [DISASTERS] or emergencies, and generally to provide for homeland 11 security and the common defense, it is found and declared to be necessary 12 (1) to provide for a state homeland security and civil defense agency 13 [, AND TO AUTHORIZE THE CREATION OF LOCAL ORGANIZATIONS FOR 14 CIVIL DEFENSE]; 15 (2) to confer upon the governor [AND UPON THE EXECUTIVE 16 HEADS OF THE DISTRICTS OF THE STATE] the emergency powers provided in 17 this chapter; 18 (3) to provide for mutual aid and cooperation among the state, local, 19 and private agencies [DISTRICTS] of the state, with the other states of the United 20 States, [AND] with the federal government, and with the provinces of another 21 country, for carrying out homeland security and civil defense functions; 22 (4) to authorize the [ESTABLISHMENT OF ORGANIZATIONS 23 AND] taking of steps that are necessary and appropriate to carry out the provisions of 24 this chapter. 25 (b) It is further declared that the purpose of this chapter and the policy of the 26 state is that all homeland security and civil defense functions of this state be 27 coordinated to the maximum extent with the comparable functions of the federal 28 government, including its various departments and agencies, of the states of the United 29 States and localities, and of private agencies of every type, so that the most effective 30 preparation and use may be made of the state's manpower, resources, and facilities for 31 dealing with any attack [DISASTER] that occurs. 01 * Sec. 4. AS 26.20.010 is amended by adding a new subsection to read: 02 (c) It is further declared that the purpose of this chapter and the policy of the 03 state is that all homeland security and civil defense functions of this state be 04 coordinated by and through the Department of Military and Veterans' Affairs, with the 05 cooperation and assistance of all state agencies. 06 * Sec. 5. AS 26.20.020 is amended to read: 07 Sec. 26.20.020. Homeland security and civil [CIVIL] defense powers of 08 the Department of Military and Veterans' Affairs. (a) The Department of Military 09 and Veterans' Affairs is responsible for carrying out the provisions of this chapter 10 [AND, IN THE EVENT OF DISASTER OR EMERGENCY BEYOND LOCAL 11 CONTROL, MAY ASSUME DIRECT OPERATIONAL CONTROL OVER ALL OR 12 ANY PART OF THE CIVIL DEFENSE FUNCTIONS WITHIN THIS STATE]. 13 (b) In performing its duties under this chapter, the department may 14 (1) issue, adopt, amend, and rescind the necessary orders and 15 regulations to carry out this chapter, with consideration of the plans and programs of 16 the federal government; 17 (2) prepare and implement [A] comprehensive plans [PLAN] and 18 programs [PROGRAM] for the homeland security and civil defense of this state, 19 and coordinate with state agencies in the preparation and implementation of 20 those plans and programs, which shall be integrated into and coordinated with the 21 homeland security and civil defense plans and programs of the federal government 22 and of each state of the United States to the fullest possible extent, and coordinate the 23 preparation and implementation of plans and programs for homeland security and 24 civil defense by political subdivisions and private agencies of the [DISTRICTS OF 25 THIS] state, which shall be integrated into and coordinated with the homeland 26 security and civil defense plans [PLAN] and programs [PROGRAM] of this state to 27 the fullest possible extent; 28 (3) ascertain the requirements of the state [OR THE DISTRICTS OF 29 THE STATE] for food or clothing or other necessities of life in the event of attack and 30 plan for and procure supplies, medicines, materials, and equipment, and use and 31 employ any of the property, services, and resources within the state, for the purposes 01 set out [FORTH] in this chapter; make surveys of the industries, resources, and 02 facilities within the state that are necessary to carry out the purposes of this chapter; 03 institute training programs and public information programs; [,] and take all other 04 preparatory steps, including the partial or full mobilization of homeland security, 05 civil defense, and emergency organizations and personnel in advance of actual 06 attack [DISASTER], to ensure the furnishing of adequately trained and equipped 07 [FORCES OF CIVIL DEFENSE] personnel and adequate resources in time of need; 08 (4) coordinate [COOPERATE] with the [PRESIDENT AND HEADS 09 OF THE ARMED FORCES, AND THE CIVIL DEFENSE AGENCY OF THE 10 UNITED STATES, AND WITH THE] officers and agencies of the United States and 11 the states of the United States, in matters pertaining to the homeland security and 12 civil defense of the state and nation [AND THE INCIDENTS THEREOF; AND IN 13 THIS CONNECTION, TO TAKE ANY MEASURES THAT IT CONSIDERS 14 PROPER TO CARRY INTO EFFECT A REQUEST OF THE PRESIDENT AND 15 THE APPROPRIATE FEDERAL OFFICERS AND AGENCIES FOR ACTION 16 LOOKING TO CIVIL DEFENSE, INCLUDING THE DIRECTION OR CONTROL 17 OF 18 (A) BLACKOUTS AND PRACTICE BLACKOUTS, AIR 19 RAID DRILLS, MOBILIZATION OF CIVIL DEFENSE FORCES, AND 20 OTHER TESTS AND EXERCISES; 21 (B) WARNINGS AND SIGNALS FOR DRILLS OR 22 ATTACKS AND THE MECHANICAL DEVICES TO BE USED IN 23 CONNECTION WITH THEM; 24 (C) THE EFFECTIVE SCREENING OR EXTINGUISHING 25 OF LIGHTS AND LIGHTING DEVICES AND APPLIANCES; 26 (D) SHUTTING OFF WATER MAINS, GAS MAINS, 27 ELECTRIC POWER CONNECTIONS AND THE SUSPENSION OF 28 OTHER UTILITY SERVICES; 29 (E) THE CONDUCT OF CIVILIANS AND THE 30 MOVEMENT AND CESSATION OF MOVEMENT OF PEDESTRIANS 31 AND VEHICULAR TRAFFIC DURING, BEFORE, AND AFTER DRILLS 01 OR ATTACK; 02 (F) PUBLIC MEETINGS OR GATHERINGS; AND 03 (G) THE EVACUATION AND RECEPTION OF THE 04 CIVILIAN POPULATION]; 05 (5) exercise additional authority delegated by the governor to the 06 department [TAKE ACTION AND GIVE DIRECTIONS TO STATE AND LOCAL 07 LAW ENFORCEMENT OFFICERS AND AGENCIES AS ARE REASONABLE 08 AND NECESSARY] to secure compliance with this chapter and with the orders and 09 regulations issued or adopted under this chapter; 10 (6) employ measures and give directions to the state or local 11 [BOARDS OF] health agencies as are reasonably necessary for the purpose of 12 securing compliance with this chapter or with the findings or recommendations of 13 state or local [BOARDS OF] health agencies due to conditions arising from 14 [ENEMY] attack or the threat of [ENEMY] attack [OR OTHERWISE]; 15 (7) obtain and utilize the services, [AND] facilities, and information 16 of existing officers [,] and agencies of the state and of the political subdivisions 17 [DISTRICTS] of the state, whose duty it is to cooperate with and extend their services, 18 [AND] facilities, and information to the department as requested by it; 19 (8) [ESTABLISH AGENCIES AND OFFICES AND APPOINT 20 EXECUTIVE, TECHNICAL, CLERICAL, AND OTHER PERSONNEL 21 NECESSARY TO CARRY OUT THIS CHAPTER, INCLUDING, WITH 22 CONSIDERATION TO THE RECOMMENDATION OF THE LOCAL 23 AUTHORITIES, FULL TIME STATE AND DISTRICT DIRECTORS; 24 (9)] delegate authority vested in the department under this chapter, and 25 provide for the subdelegation of this authority; 26 (9) [(10)] sponsor and develop mutual aid and cooperation plans and 27 agreements among [BETWEEN] the agencies [DISTRICTS] of the state, the political 28 subdivisions of the state, and private agencies and organizations; 29 (10) [(11) ESTABLISH DISTRICTS IN THE STATE AS ARE 30 NEEDED TO CARRY OUT THE PURPOSES AND INTENT OF THIS CHAPTER; 31 (12)] sell, lend, transfer, or deliver supplies or medicines to carry out 01 the policy and purposes set out [FORTH] in this chapter on terms and conditions that 02 the department considers reasonable; 03 (11) participate in and conduct exercises to implement homeland 04 security plans and to prepare for a potential attack; 05 (12) advise the governor and the legislature on appropriate policy 06 of the state for matters of homeland security and civil defense; and 07 (13) coordinate with state agencies in providing a recommendation 08 to the governor for state action in response to changes in threat levels [, BUT 09 SUBJECT TO THE FOLLOWING: 10 (A) MONEY DERIVED FROM THE SALE OF SUPPLIES 11 AND MEDICINES SHALL BE DEPOSITED IN A SPECIAL FUND, 12 WHICH SHALL BE USED BY THE DEPARTMENT TO REPLENISH AND 13 PURCHASE THE NECESSARY SUPPLIES AND MEDICINES; 14 (B) A SALE UNDER THIS PARAGRAPH MAY NOT BE 15 FOR AN AMOUNT BELOW 10 PER CENT OF THE REQUISITION COST 16 UNLESS FIRST APPROVED BY THE DEPARTMENT]. 17 * Sec. 6. AS 26.20 is amended by adding a new section to read: 18 Sec. 26.20.025. Creation and duties of the Alaska division of homeland 19 security and emergency management. (a) There is established in the department 20 the Alaska division of homeland security and emergency management, possessing the 21 powers and duties as set out in this section and as delegated by the adjutant general of 22 the department. 23 (b) The Alaska division of homeland security and emergency management, 24 with the concurrence and approval of the adjutant general of the department, shall 25 prepare and maintain a state homeland security plan and keep it current. The plan may 26 include provisions for 27 (1) investigation and assessment of attack threats to persons, facilities, 28 systems, infrastructure, and other property in this state; 29 (2) identification of geographical areas, municipalities, facilities, 30 systems, infrastructure, or other property or persons especially vulnerable to an attack; 31 (3) prioritization of measures to protect persons, facilities, systems, 01 infrastructure, and other property in the state from attack; 02 (4) organization of personnel, including chains of command, and other 03 resources; 04 (5) coordination and deployment of personnel, including the organized 05 militia, state and local agency personnel, and authorized volunteers, and other 06 resources to protect persons, facilities, systems, infrastructure, and other property in 07 the state from attack or to respond to an attack; 08 (6) assistance to local officials and private agencies in designing local 09 and private security plans; 10 (7) coordination of federal, state, local, and private agencies' homeland 11 security activities; 12 (8) coordination of the state homeland security plan with the state 13 emergency plan and with the homeland security and disaster plans of the federal 14 government; 15 (9) other planning, prevention, preparedness, response, and mitigation 16 measures designed to eliminate or reduce the threat or effect of an attack; and 17 (10) other actions necessary to carry out the purposes of this chapter. 18 (c) With the concurrence and approval of the adjutant general of the 19 department, the Alaska division of homeland security and emergency management 20 shall 21 (1) develop, coordinate, and maintain a prioritized list of critical 22 infrastructure in the state; 23 (2) determine requirements of the state and its political subdivisions 24 for food, medicine, clothing, and other necessities in the event of an attack; 25 (3) procure and pre-position personnel, supplies, medicines, materials, 26 and equipment; 27 (4) plan and make arrangements for the availability and use of private 28 facilities, services, and property and, if necessary and used, provide for payment for 29 use under terms and conditions agreed upon by the state and the other parties or as 30 provided under AS 26.20.045; 31 (5) establish a register of persons with types of training and skills 01 important in homeland security and emergency response functions; 02 (6) prepare, for issuance or adoption by the governor, orders, 03 proclamations, and regulations as necessary or appropriate in coping with attacks; 04 (7) cooperate with the federal government and public or private 05 agencies or entities in achieving the purposes of this chapter and in implementing 06 programs for homeland security, civil defense, and attack prevention, preparedness, 07 response, recovery, and mitigation; 08 (8) do other things necessary or proper for the implementation of this 09 chapter. 10 (d) The division has the additional powers and duties set out in AS 26.23.040. 11 * Sec. 7. AS 26.20.030 is amended to read: 12 Sec. 26.20.030. Reciprocal aid agreements with other governments. In 13 accordance with this chapter, the [THE] governor may enter into reciprocal aid 14 agreements with other states, [AND WITH] the federal government, and provinces 15 [EITHER ON A STATEWIDE BASIS OR LOCAL DISTRICT BASIS OR WITH A 16 NEIGHBORING STATE OF THE UNITED STATES OR A PROVINCE] of a 17 foreign country. [THESE MUTUAL AID AGREEMENTS SHALL BE LIMITED 18 TO THE FURNISHING OR EXCHANGE OF FOOD, CLOTHING, MEDICINE, 19 AND OTHER SUPPLIES; ENGINEERING SERVICES; EMERGENCY HOUSING; 20 POLICE SERVICES; NATIONAL OR STATE GUARDS WHILE UNDER THE 21 CONTROL OF THE STATE; HEALTH, MEDICAL AND RELATED SERVICES; 22 FIRE FIGHTING, RESCUE, TRANSPORTATION, AND CONSTRUCTION 23 SERVICES AND EQUIPMENT; PERSONNEL NECESSARY TO PROVIDE OR 24 CONDUCT THESE SERVICES; AND OTHER SUPPLIES, EQUIPMENT, 25 FACILITIES, PERSONNEL, AND SERVICES THAT ARE NEEDED; THE 26 REIMBURSEMENT OF COSTS AND EXPENSES FOR EQUIPMENT, SUPPLIES, 27 PERSONNEL, AND SIMILAR ITEMS FOR MOBILE SUPPORT UNITS, FIRE- 28 FIGHTING UNITS, POLICE UNITS, AND HEALTH UNITS. THE AGREEMENTS 29 SHALL BE ON TERMS AND CONDITIONS THAT ARE CONSIDERED 30 NECESSARY.] 31 * Sec. 8. AS 26.20.040 is amended to read: 01 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 02 enemy or terrorist attack in or against the state, or a credible threat of imminent 03 enemy or terrorist attack, the governor may declare that a state of emergency exists, 04 and, during the period of time that the state of emergency exists or continues, the 05 governor has and may exercise the additional emergency power 06 (1) to enforce all laws and regulations relating to homeland security 07 and civil defense and assume direct operational control of all homeland security and 08 civil defense forces and helpers in the state; 09 (2) to seize, take, or condemn property if, and only to the extent that, 10 the governor determines that the property is needed for the protection of the public 11 [OR AT THE REQUEST OF THE PRESIDENT, THE ARMED FORCES OR THE 12 CIVIL DEFENSE AGENCY OF THE UNITED STATES], including 13 (A) [ALL MEANS OF] transportation and communication 14 equipment, except newspapers and news services; 15 (B) [ALL STOCKS OF] fuel [OF WHATEVER NATURE]; 16 (C) food, clothing, equipment, materials, medicines, and 17 supplies; and 18 (D) facilities including buildings and plants; 19 (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, 20 and supplies among the inhabitants of the state and account to the commissioner of 21 revenue for funds received for the property; 22 (4) to make compensation for the property seized, taken, or condemned 23 on the basis described in AS 26.20.045; 24 (5) to suspend the provisions of a regulatory statute prescribing 25 procedures for the conduct of state business or the order or regulation of a state 26 agency if compliance with the provisions of the statute, order, or regulation 27 would prevent, or substantially impede or delay, action necessary to cope with 28 the emergency; 29 (6) to use all available resources of the state government and of 30 each political subdivision of the state as reasonably necessary to cope with the 31 emergency; 01 (7) to transfer personnel or alter the functions of state departments 02 and agencies or units of them for the purpose of responding to or facilitating the 03 response to the emergency; 04 (8) to perform and exercise other functions, powers, and duties that are 05 considered necessary to promote and secure the safety and protection of the civilian 06 population. 07 * Sec. 9. AS 26.20.040 is amended by adding new subsections to read: 08 (b) A state of emergency declared under (a) of this section may not remain in 09 effect longer than 30 days unless extended by the legislature by law and may be 10 terminated by law or withdrawal of the declaration. 11 (c) In this section, "credible threat of imminent enemy or terrorist attack" 12 means a threat of attack against persons or property in the state that the adjutant 13 general of the department or a designee of the adjutant general, in consultation with 14 the commissioner of public safety or a designee of the commissioner of public safety, 15 certifies to the governor has a high probability of occurring in the near future; the 16 certification must be based on specific information received from a local, state, 17 federal, or international agency, or another source that the adjutant general or the 18 designee of the adjutant general, in conjunction with the commissioner of public safety 19 or a designee of the commissioner of public safety, determines is reliable. 20 * Sec. 10. AS 26.20.100 is amended to read: 21 Sec. 26.20.100. Traffic control. In coordination with the Department of 22 Public Safety and the Department of Transportation and Public Facilities, the 23 [THE] department may 24 (1) formulate and execute plans and regulations for the control of 25 traffic for the rapid and safe movement of evacuation over public highways and streets 26 of people, troops, or vehicles and materials for homeland security and civil defense ; 27 and 28 (2) establish and operate checkpoints along private or public 29 roadways serving critical property or facilities in the state, at the direction of the 30 governor when the governor determines that a sufficiently high threat of enemy 31 or terrorist attack exists to warrant the action; the checkpoints established under 01 this paragraph may be in conjunction with closure of the roadway under 02 AS 19.10.100; operation of a checkpoint shall include the posting of checkpoint 03 signs in a manner that provides advance notice of the checkpoint so that persons 04 are afforded a reasonable opportunity to turn around without passing through 05 the checkpoint; operation of a checkpoint shall be limited to enforcement of the 06 roadway closure or reasonable inspection of persons and vehicles passing 07 through the checkpoint for weapons, explosives, chemicals, biological or 08 biochemical agents, or other instruments capable of causing widespread severe 09 injury to persons or property; however, at a checkpoint authorized under this 10 paragraph, a person is entitled to retain possession of an amount of deadly 11 weapons or defensive weapons that is reasonably justifiable for the person's 12 lawful use, so long as those weapons are not prohibited weapons; in this 13 paragraph, "deadly weapon" and "defensive weapon" have the meanings given 14 in AS 11.81.900(b), and "prohibited weapon" has the meaning given in 15 AS 11.61.200 [NATIONAL DEFENSE OR FOR USE IN A DEFENSE INDUSTRY, 16 AND MAY COORDINATE THE ACTIVITIES OF THE DEPARTMENTS OR 17 AGENCIES OF THE STATE AND OF THE DISTRICTS CONCERNED WITH 18 PUBLIC HIGHWAYS AND STREETS, IN A MANNER THAT WILL BEST 19 CARRY OUT THOSE PLANS]. 20 * Sec. 11. AS 26.20.110 is amended to read: 21 Sec. 26.20.110. Lease or loan of state property and transfer of personnel. 22 Notwithstanding any inconsistent provision of law, 23 [(1)] whenever the governor considers it is in the public interest [,] and 24 the urgency of the situation demands, the governor may 25 (1) [(A)] authorize a department or agency of the state to lease or lend, 26 on the terms and conditions that the governor considers necessary to promote the 27 public welfare and protect the interests of the state, real or personal property of the 28 state government to the president, the heads of the armed forces, or to the homeland 29 security or civil defense agency of the United States; 30 (2) [(B)] enter into an agreement on behalf of the state for the use or 31 loan to any political subdivision [DISTRICT] of the state, on terms and conditions 01 the governor considers necessary to promote the public welfare and protect the 02 interests of the state, of real or personal property of the state government, or the 03 temporary transfer or employment of personnel of the state government, to or by any 04 political subdivision [DISTRICT] of the state [; 05 (2) THE DIRECTOR OF EACH DISTRICT OF THE STATE MAY 06 (A) ENTER INTO A CONTRACT OR LEASE WITH THE 07 STATE, OR ACCEPT A LOAN, OR EMPLOY PERSONNEL, AND THE 08 DISTRICT MAY EQUIP, MAINTAIN, UTILIZE, AND OPERATE THE 09 PROPERTY AND EMPLOY NECESSARY PERSONNEL FOR THAT 10 PURPOSE IN ACCORDANCE WITH THE PURPOSES FOR WHICH THE 11 CONTRACT IS EXECUTED; 12 (B) DO ALL THINGS AND PERFORM ALL ACTS THAT 13 THE GOVERNOR CONSIDERS NECESSARY TO CARRY OUT THE 14 PURPOSE FOR WHICH THE CONTRACT IS MADE]. 15 * Sec. 12. AS 26.20.145 is amended to read: 16 Sec. 26.20.145. Immunity of owners of public shelters. A person owning or 17 controlling real estate who voluntarily and without compensation permits the 18 designation or use of the whole or part of the real estate for the purpose of sheltering 19 persons during an actual or practice attack or homeland security or civil defense 20 emergency or practice drill shall, together with the person's successors in interest, be 21 immune from suit for negligence arising out of the construction or maintenance of the 22 property causing the death of, or injury to, any person using the shelter during an 23 actual or practice attack or homeland security or civil defense emergency or 24 practice drill. 25 * Sec. 13. AS 26.20.150 is amended to read: 26 Sec. 26.20.150. Authority to accept services, gifts, grants, and loans. (a) 27 Whenever the federal government or an agency or officer of the federal government 28 offers to the state [, OR THROUGH THE STATE TO A DISTRICT,] services, 29 equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose 30 [PURPOSES] of homeland security or civil defense, the department [STATE 31 ACTING THROUGH THE GOVERNOR, OR THE DISTRICT, ACTING WITH 01 THE CONSENT OF THE GOVERNOR AND THROUGH ITS EXECUTIVE 02 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 03 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 04 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 05 THE STATE OR THE DISTRICT, AS THE CASE MAY BE, TO] receive the 06 services, equipment, supplies, materials, or funds on behalf of the state [OR THE 07 DISTRICT], subject to the terms of the offer and the regulations, if any, of the agency 08 making the offer. 09 (b) Whenever a person offers to the state [OR TO A DISTRICT] services, 10 equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of 11 homeland security or civil defense, the department [STATE ACTING THROUGH 12 THE GOVERNOR, OR THE DISTRICT ACTING THROUGH ITS EXECUTIVE 13 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 14 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 15 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 16 THE STATE OR OF THE DISTRICT, AS THE CASE MAY BE, TO] receive the 17 services, equipment, supplies, materials, or funds on behalf of the state, [OR 18 DISTRICT, AND] subject to the terms of the offer. 19 * Sec. 14. AS 26.20 is amended by adding a new section to read: 20 Sec. 26.20.195. Federal regulation of homeland security. The requirements 21 of this chapter do not apply to facilities, aircraft, vessels, and other means and modes 22 of transportation that are subject to federal homeland security requirements, including 23 aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520 and 24 Subchapter C, Parts 1540 - 1550 and maritime and land security requirements at 33 25 C.F.R. Chapter 1 Subchapter H, Parts 101 - 106 and 49 C.F.R. Chapter XII Subchapter 26 D, Parts 1570 - 1572. 27 * Sec. 15. AS 26.20.200 is amended by adding new paragraphs to read: 28 (4) "attack" means the use of weapons, explosives, chemicals, 29 biological or biochemical agents, or other instruments with the potential for major 30 force or impact, with apparent intent to inflict widespread or severe injury to persons 31 or property; 01 (5) "homeland security" means the detection, prevention, preemption, 02 and deterrence of, protection from, and response to, attacks targeted at territory, 03 population, or infrastructure in this state; 04 (6) "political subdivision" means 05 (A) a municipality; or 06 (B) another unit of local government; 07 (7) "private agency" means a for-profit or nonprofit corporation, 08 unincorporated village, association, or other group or entity operating in the state. 09 * Sec. 16. AS 26.23.020(g) is amended to read: 10 (g) In addition to any other powers conferred upon the governor by law, the 11 governor may, under AS 26.23.010 - 26.23.220, 12 (1) suspend the provisions of any regulatory statute prescribing 13 procedures for the conduct of state business, or the orders or regulations of any state 14 agency, if compliance with the provisions of the statute, order, or regulation would 15 prevent, or substantially impede or delay, action necessary to cope with the disaster 16 emergency; 17 (2) use all available resources of the state government and of each 18 political subdivision of the state as reasonably necessary to cope with the disaster 19 emergency; 20 (3) transfer personnel or alter the functions of state departments and 21 agencies or units of them for the purpose of performing or facilitating the performance 22 of disaster emergency services; 23 (4) subject to any applicable requirements for compensation under 24 AS 26.23.160, commandeer or utilize any private property, except for all news media 25 other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor 26 considers this necessary to cope with the disaster emergency; 27 (5) direct and compel the relocation of all or part of the population 28 from any stricken or threatened area in the state [,] if the governor considers relocation 29 necessary for the preservation of life or for other disaster mitigation purpose; 30 (6) prescribe routes, modes of transportation, and destinations in 31 connection with necessary relocation; 01 (7) control ingress to and egress from a disaster area, the movement of 02 persons within the area, and the occupancy of premises in it; 03 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 04 beverages, [FIREARMS,] explosives, and combustibles; 05 (9) make provisions for the availability and use of temporary 06 emergency housing; 07 (10) allocate or redistribute food, water, fuel, [OR] clothing, medicine, 08 or supplies; and 09 (11) use money from the oil and hazardous substance release response 10 account in the oil and hazardous substance release prevention and response fund, 11 established by AS 46.08.010, to respond to a declared disaster emergency related to an 12 oil or hazardous substance discharge. 13 * Sec. 17. AS 26.23.040 is amended by adding a new subsection to read: 14 (g) The Alaska division of homeland security and emergency management has 15 the additional powers and duties set out in AS 26.20.025. 16 * Sec. 18. AS 26.23.170 is amended to read: 17 Sec. 26.23.170. Communications. The Department of Military and 18 Veterans' Affairs [ALASKA DIVISION OF EMERGENCY SERVICES] shall 19 ascertain what means exist for rapid and efficient communications in times of disaster 20 emergency. The department [DIVISION] shall consider the desirability of 21 supplementing these communications resources, or of integrating them into a 22 comprehensive state or state-federal telecommunications network or other 23 communication system or network. In studying the character and feasibility of any 24 system or its several parts, the department [DIVISION] shall evaluate the possibility 25 of multi-purpose use of it or its parts for general state and local governmental 26 purposes. The department [DIVISION] shall make recommendations to the governor 27 as appropriate. 28 * Sec. 19. Sec. 26.23.170 is amended by adding a new subsection to read: 29 (b) A statewide 911 coordinator is established within the Department of 30 Military and Veterans' Affairs to coordinate and facilitate the implementation of 911 31 systems throughout the state. The 911 coordinator shall 01 (1) participate in efforts to set uniform statewide standards for 02 automatic number identification and automatic location identification data 03 transmission for telecommunications systems; 04 (2) make recommendations as necessary for implementation of basic 05 and enhanced 911 service. 06 * Sec. 20. AS 26.23.210 is repealed and reenacted to read: 07 Sec. 26.23.210. Relationship to homeland security and civil defense laws. 08 (a) In the event of a conflict between this chapter and AS 26.20, including in the event 09 the governor declares a disaster under this chapter due to an attack or credible threat of 10 imminent enemy or terrorist attack as described in AS 26.23.900(2), the provisions of 11 this chapter shall govern. 12 (b) The provisions of AS 26.20.140, providing for immunity of government, 13 employees, and other authorized persons in certain circumstances, apply when the 14 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 15 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 16 providing assistance to the state under a compact in a form substantially as contained 17 in AS 26.23.136. 18 * Sec. 21. AS 26.23.900(2) is amended to read: 19 (2) "disaster" means the occurrence or imminent threat of widespread 20 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 21 resulting from 22 (A) an incident such as storm, high water, wind-driven water, 23 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 24 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, 25 explosion, or riot; 26 (B) the release of oil or a hazardous substance if the release 27 requires prompt action to avert environmental danger or mitigate 28 environmental damage; [OR] 29 (C) equipment failure if the failure is not a predictably frequent 30 or recurring event or preventable by adequate equipment maintenance or 31 operation; 01 (D) enemy or terrorist attack or a credible threat of 02 imminent enemy or terrorist attack in or against the state that the 03 adjutant general of the Department of Military and Veterans' Affairs or a 04 designee of the adjutant general, in consultation with the commissioner of 05 public safety or a designee of the commissioner of public safety, certifies to 06 the governor has a high probability of occurring in the near future; the 07 certification must meet the standards of AS 26.20.040(c); in this 08 subparagraph, "attack" has the meaning given under AS 26.20.200; or 09 (E) an outbreak of disease or a credible threat of an 10 imminent outbreak of disease that the commissioner of health and social 11 services or a designee of the commissioner of health and social services 12 certifies to the governor has a high probability of occurring in the near 13 future; the certification must be based on specific information received 14 from a local, state, federal, or international agency, or another source that 15 the commissioner or the designee determines is reliable; 16 * Sec. 22. AS 26.20.050, 26.20.060, 26.20.070, 26.20.080, 26.20.090, 26.20.120, 17 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) 18 are repealed. 19 * Sec. 23. AS 24.20.680 is repealed January 1, 2009. 20 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 PREPARATION AND PRESENTATION OF PROPOSED LEGISLATION. If the 23 adjutant general of the Department of Military and Veterans' Affairs determines that 24 additional qualifications for service on the Homeland Security and Emergency Management 25 Subcommittee under AS 24.20.680, added by sec. 2 of this Act, would significantly enhance 26 the security of sensitive materials or information to be reviewed under AS 24.20.680, the 27 adjutant general shall prepare a bill proposing amendments to AS 24.20.680, enacted by sec. 2 28 of this Act, for consideration by each house of the legislature, and shall deliver the bill to the 29 Secretary of the Alaska State Senate and the Chief Clerk of the Alaska State House of 30 Representatives not later than 30 days following the convening of the First Regular Session of 31 the Twenty-Fourth Alaska State Legislature. 01 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION. Notwithstanding AS 24.20.680(a), enacted by sec. 2 of this Act, the 04 Homeland Security and Emergency Management Subcommittee established in AS 24.20.680, 05 enacted by sec. 2 of this Act, shall be organized for the first time within 15 days after the 06 effective date of this section. 07 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 REVISOR'S INSTRUCTIONS. (a) The revisor of statutes is instructed to change the 10 heading of 11 (1) AS 26.20 from "Chapter 20. Civil Defense" to "Chapter 20. Homeland 12 Security and Civil Defense"; 13 (2) AS 26.23.040 from "Duties of the Alaska division of emergency services." 14 to "Homeland security duties of the Alaska division of homeland security and emergency 15 management." 16 (b) Wherever in the Alaska Statutes and the Alaska Administrative Code the term 17 "division of emergency services," which is in the Department of Military and Veterans' 18 Affairs, is used, it shall be read as the "division of homeland security and emergency 19 management" when to do so would be consistent with the purpose of this Act. 20 (c) Under AS 01.05.031, the revisor of statutes shall implement this section in the 21 statutes. 22 (d) Under AS 44.62.125(b)(6), the regulations attorney shall implement (b) of this 23 section in the Alaska Administrative Code. 24 * Sec. 27. Section 19 of this Act takes effect March 1, 2005 25 * Sec. 28. Except as provided in sec. 27 of this Act, this Act takes effect immediately under 26 AS 01.10.070(c).