CSHB 326(MLV): "An Act relating to the security of certain state airports and to state security plans, programs, and procedures; exempting certain records and information from the category of public records; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 326(MLV) 01 "An Act relating to the security of certain state airports and to state security plans, 02 programs, and procedures; exempting certain records and information from the 03 category of public records; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 02.15 is amended by adding a new section to read: 06 Sec. 02.15.245. Administrative penalties for security violations. (a) In 07 addition to applicable criminal and other penalties imposed by the court under 08 AS 02.15.240, a person or an entity that violates or causes or permits to be violated, or 09 that is legally or contractually responsible for the conduct of a person who violates or 10 causes or permits to be violated, a state or federal law or a plan, program, or procedure 11 established under state or federal law pertaining to security of a state airport 12 established under AS 02.15.060 is subject to an administrative penalty of not more 13 than $1,100 for each incident. The department may assess the penalty by order after 14 following procedures established in regulations adopted under (b) of this section. A
01 person or an entity is subject to assessment of a penalty under this section only if the 02 person or entity had, at the time of the violation, actual or constructive knowledge of 03 the violated law or program adopted under law. 04 (b) The department shall adopt regulations under AS 44.62 (Administrative 05 Procedure Act) to carry out the purposes of this section. 06 * Sec. 2. AS 40.25.120(a) is amended by adding a new paragraph to read: 07 (10) records or information pertaining to a plan, program, or 08 procedures for establishing, maintaining, or restoring security in the state, or to a 09 detailed description or evaluation of systems, facilities, or infrastructure in the state, 10 but only to the extent that the production of the records or information 11 (A) could reasonably be expected to interfere with the 12 implementation or enforcement of the security plan, program, or procedures; 13 (B) would disclose confidential guidelines for investigations or 14 enforcement and the disclosure could reasonably be expected to risk 15 circumvention of the law; or 16 (C) could reasonably be expected to endanger the life or 17 physical safety of an individual or to present a real and substantial risk to the 18 public health and welfare. 19 * Sec. 3. AS 44.17.032 is amended by adding a new section to read: 20 Sec. 44.17.032. Orders for state security plans, programs, and procedures. 21 (a) Notwithstanding any contrary provision of law, the principal executive officer of a 22 state agency may issue an order to implement its statutory authority relating to the 23 adoption of a plan, program, or procedure for establishing, maintaining, or restoring 24 security for a facility, system, or operation within the state. An order issued under this 25 section is not subject to AS 44.62 (Administrative Procedure Act) and takes effect 26 immediately unless a later effective date is specified. An announcement shall be 27 publicly issued concerning an order issued under this section. This section applies 28 only to plans, programs, or procedures for which the principal executive officer 29 certifies in the order that compliance with the regulation adoption provisions of 30 AS 44.62 31 (1) could reasonably be expected to interfere with the implementation
01 or enforcement of the security plan, program, or procedures; 02 (2) would disclose confidential guidelines for investigations or 03 enforcement and the disclosure could reasonably be expected to risk circumvention of 04 the law; or 05 (3) could reasonably be expected to endanger the life or physical safety 06 of an individual. 07 (b) An order issued under this section is enforceable in the same manner as a 08 regulation adopted under the issuing officer's statutory authority relating to the plan, 09 program, or procedure that is the subject of the order. 10 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).