CSHB 325(MLV): "An Act relating to the emergency and disaster powers of the governor and to disasters, including enemy or terrorist attack, an outbreak of disease, or the threat of them; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 325(MLV) 01 "An Act relating to the emergency and disaster powers of the governor and to disasters, 02 including enemy or terrorist attack, an outbreak of disease, or the threat of them; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 26.20.040 is amended to read: 06 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 07 enemy or terrorist attack against the state, or a credible threat of enemy or 08 terrorist attack, the governor may declare that a state of emergency exists, and, 09 during the period of time that the state of emergency exists or continues, the governor 10 has and may exercise the additional emergency power 11 (1) to enforce all laws and regulations relating to civil defense and 12 assume direct operational control of all civil defense forces and helpers in the state; 13 (2) to seize, take, or condemn property for the protection of the public 14 or at the request of the president, the armed forces or the civil defense agency of the
01 United States, including 02 (A) all means of transportation and communication, except 03 newspapers and news services; 04 (B) all stocks of fuel of whatever nature; 05 (C) food, clothing, equipment, materials, [MEDICINES, AND] 06 supplies, and pharmaceuticals and other medicines; and 07 (D) facilities including buildings and plants; 08 (3) to sell, lend, give, or distribute the fuel, food, clothing, 09 [MEDICINES, AND] supplies, and pharmaceuticals and other medicines among 10 the inhabitants of the state and account to the commissioner of revenue for funds 11 received for the property; 12 (4) to make compensation for the property seized, taken, or condemned 13 on the basis described in AS 26.20.045; 14 (5) to perform and exercise other functions, powers, and duties that are 15 considered necessary to promote and secure the safety and protection of the civilian 16 population. 17 * Sec. 2. AS 26.20.040 is amended by adding a new subsection to read: 18 (b) In (a) of this section, "credible threat" means a threat that the adjutant 19 general of the department or a designee of the adjutant general certifies is credible 20 based on specific information received from a local, a state, a federal, or an 21 international agency, or another source that the adjutant general or the designee 22 determines is reliable. 23 * Sec. 3. AS 26.23.020(g) is amended to read: 24 (g) In addition to any other powers conferred upon the governor by law, the 25 governor may, under AS 26.23.010 - 26.23.220, 26 (1) suspend the provisions of any regulatory statute prescribing 27 procedures for the conduct of state business, or the orders or regulations of any state 28 agency, if compliance with the provisions of the statute, order, or regulation would 29 prevent, or substantially impede or delay, action necessary to cope with the disaster 30 emergency; 31 (2) use all available resources of the state government and of each
01 political subdivision of the state as reasonably necessary to cope with the disaster 02 emergency; 03 (3) transfer personnel or alter the functions of state departments and 04 agencies or units of them for the purpose of performing or facilitating the performance 05 of disaster emergency services; 06 (4) subject to any applicable requirements for compensation under 07 AS 26.23.160, commandeer or utilize any private property, except for all news media 08 other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor 09 considers this necessary to cope with the disaster emergency; 10 (5) direct and compel the relocation of all or part of the population 11 from any stricken or threatened area in the state [,] if the governor considers relocation 12 necessary for the preservation of life or for other disaster mitigation purpose; 13 (6) prescribe routes, modes of transportation, and destinations in 14 connection with necessary relocation; 15 (7) control ingress to and egress from a disaster area, the movement of 16 persons within the area, and the occupancy of premises in it; 17 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 18 beverages, firearms, explosives, and combustibles; 19 (9) make provisions for the availability and use of temporary 20 emergency housing; 21 (10) allocate or redistribute food, water, fuel, [OR] clothing, 22 pharmaceuticals and other medicines, or supplies; [AND] 23 (11) use money from the oil and hazardous substance release response 24 account in the oil and hazardous substance release prevention and response fund, 25 established by AS 46.08.010, to respond to a declared disaster emergency related to an 26 oil or hazardous substance discharge; and 27 (12) access, inspect, and share with authorized representatives of 28 the Department of Health and Social Services health care and medical records on 29 an as-needed basis to facilitate a response to protect public health and safety. 30 * Sec. 4. AS 26.23.071(b) is amended to read: 31 (b) The commission consists of the commissioners of community and
01 economic development, environmental conservation, fish and game, health and social 02 services, labor, natural resources, public safety, and transportation and public 03 facilities, or the designees of the commissioners, the adjutant general [OF THE 04 DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS] or a designee, and 05 seven members of the public appointed by the governor, two of whom must be 06 members of a local emergency planning committee for an emergency planning district 07 that is predominantly rural in character and two of whom must be members of a local 08 emergency planning committee for an emergency planning district that is 09 predominantly urban in character. Two of the other three members of the public who 10 are appointed to the commission must be members of the governing body of, or the 11 mayor of, a political subdivision that has a local emergency planning committee or a 12 person who, in the opinion of the governor, is otherwise appropriate to represent the 13 political subdivision. The United States Department of Defense - Alaska Command, 14 the Federal Emergency Management Agency, the United States Environmental 15 Protection Agency, and the United States Coast Guard may each appoint a 16 representative to serve on the commission in an ex-officio, nonvoting capacity. To the 17 extent practicable, the commission must include members with expertise in the 18 emergency response field. 19 * Sec. 5. AS 26.23.071(c) is amended to read: 20 (c) The adjutant general [OF THE DEPARTMENT OF MILITARY AND 21 VETERANS' AFFAIRS], or the adjutant general's designee, and the commissioner of 22 environmental conservation, or the commissioner's designee, shall co-chair the 23 commission. The Department of Military and Veterans' Affairs shall provide staff 24 support to the commission. 25 * Sec. 6. AS 26.23.900(2) is amended to read: 26 (2) "disaster" means the occurrence or imminent threat of widespread 27 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 28 resulting from 29 (A) an incident such as storm, high water, wind-driven water, 30 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 31 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic,
01 explosion, or riot; 02 (B) the release of oil or a hazardous substance if the release 03 requires prompt action to avert environmental danger or mitigate 04 environmental damage; or 05 (C) equipment failure if the failure is not a predictably frequent 06 or recurring event or preventable by adequate equipment maintenance or 07 operation; 08 (D) enemy or terrorist attack, or an imminent threat of 09 enemy or a terrorist attack, that the adjutant general or a designee of the 10 adjutant general certifies is credible based on specific information 11 received from a local, a state, a federal, or an international agency, or 12 another source that the adjutant general determines is reliable; or 13 (E) an outbreak of disease, or an imminent threat of an 14 outbreak of disease, that the commissioner of health and social services or 15 a designee of the commissioner certifies is credible based on specific 16 information received from a local, a state, a federal, or an international 17 agency, or another source that the commissioner determines is reliable; 18 * Sec. 7. AS 26.23.900 is amended by adding a new paragraph to read: 19 (10) "adjutant general" means the adjutant general of the Department 20 of Military and Veterans' Affairs. 21 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).