CSSB 385(JUD) am: "An Act relating to homeland security, to civil defense, to emergencies and to disasters, including disasters in the event of attacks, outbreaks of disease, or threats of attack or outbreak of disease; establishing the Alaska division of homeland security and emergency management in the Department of Military and Veterans' Affairs and relating to the functions of that division and that department; and providing for an effective date."
00 CS FOR SENATE BILL NO. 385(JUD) am 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. 20 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 sections to article 5 to read: 05 Sec. 24.20.680. Homeland Security and Emergency Management 06 Subcommittee established. The Homeland Security and Emergency Management 07 Subcommittee is established as a subcommittee of the Joint Armed Services 08 Committee established under AS 24.20.650. The establishment of the subcommittee 09 recognizes the need for prompt legislative consideration of 10 (1) matters concerning homeland security and civil defense, 11 emergencies, or disasters; or 12 (2) the state's preparedness for or ability to mount a prompt response to 13 matters concerning homeland security and civil defense, emergencies, or disasters. 14 Sec. 24.20.685. Membership; qualifications. (a) Subject to (b) of this 15 section, the subcommittee is composed of four to six members, as follows: 16 (1) the respective chairs of the subcommittees of the House and Senate 17 Finance Committees that consider the military and veterans' affairs budget; 18 (2) if the chair of the senate subcommittee described in (1) of this 19 subsection is 20 (A) not a member of the Joint Armed Services Committee 21 established in AS 24.20.650, two senate members of the Joint Armed Services 22 Committee, selected by the president of the senate, one of whom is not a 23 member of the political party to which a majority of members of the senate 24 belong; 25 (B) a member of the Joint Armed Services Committee 26 established in AS 24.20.650, one senate member of the Joint Armed Services 27 Committee selected by the president of the senate; 28 (3) if the chair of the house subcommittee described in (1) of this 29 subsection is 30 (A) not a member of the Joint Armed Services Committee 31 established in AS 24.20.650, two house members of the Joint Armed Services
01 Committee selected by the speaker of the house of representatives, one of 02 whom is not a member of the political party to which a majority of members of 03 the house of representatives belong; 04 (B) a member of the Joint Armed Services Committee 05 established in AS 24.20.650, one house member of the Joint Armed Services 06 Committee selected by the speaker of the house of representatives. 07 (b) To be eligible to serve on the subcommittee, a legislator shall have a 08 federal security clearance or interim security clearance at the secret level at the time of 09 appointment and apply for and receive a federal security clearance at the secret level. 10 A legislator may not serve on the subcommittee, or if serving, may not continue to 11 serve, if the legislator has been convicted, including a conviction based on a guilty 12 plea or a plea of nolo contendere, of a felony or of the crime of unsworn falsification 13 under AS 11.56.210. If a legislator may not serve or may not continue to serve on the 14 subcommittee under this subsection, a vacancy in the membership of the 15 subcommittee exists. 16 Sec. 24.20.690. Term of Membership. (a) The subcommittee shall be 17 organized within 15 days after the organization of the Joint Armed Services 18 Committee established under AS 24.20.650. Members of the subcommittee who 19 remain qualified under AS 24.20.685 serve for the duration of the legislature during 20 which the members are appointed. If the member is reelected or the member's term of 21 office extends into the next succeeding legislature and the member remains qualified 22 under AS 24.20.685, the member shall continue to serve until reappointed or the 23 appointment of the member's successor. 24 (b) When a member of the subcommittee files a declaration of candidacy for 25 an elective office other than that of member of either house of the legislature, and the 26 member has not resigned from membership on the subcommittee, the member's 27 subcommittee membership terminates on the date that the member leaves legislative 28 office, and a vacancy in the membership of the subcommittee exists. 29 Sec. 24.20.695. Vacancies. When a vacancy occurs in the membership of the 30 subcommittee with respect to a member who was not a member of the Joint Armed 31 Services Committee established in AS 24.20.650, the presiding officer of the house
01 incurring the vacancy shall choose a successor. If the office of the president of the 02 senate or speaker of the house of representatives becomes vacant and a vacancy from 03 the affected house occurs among the membership of the subcommittee, the remaining 04 subcommittee members from the house incurring the vacancy shall appoint a new 05 member. 06 Sec. 24.20.700. Travel and per diem allowances. Members of the 07 subcommittee who are not members of the Joint Armed Services Committee 08 established in AS 24.20.650 are entitled to reimbursement for travel expenses and per 09 diem allowances in accordance with the provisions of AS 24.20.660. 10 Sec. 24.20.705. Meetings. (a) A majority of the members of the 11 subcommittee constitute a quorum. 12 (b) The subcommittee members shall select one member from the senate and 13 one member from the house of representatives to serve as co-chairs of the 14 subcommittee. 15 (c) The subcommittee may meet during sessions of the legislature and during 16 intervals between sessions at the times and places the co-chairs may determine. 17 Whenever possible, meetings shall be teleconferenced to reduce travel cost. 18 Sec. 24.20.710. Powers and duties. The subcommittee 19 (1) may review activities, plans, reports, recommendations, and other 20 materials of the Alaska division of homeland security and emergency management in 21 the Department of Military and Veterans' Affairs relating to 22 (A) matters concerning homeland security and civil defense, 23 emergencies, or disasters; or 24 (B) the state's preparedness for or ability to mount a prompt 25 response to matters concerning homeland security and civil defense, 26 emergencies, or disasters. 27 (2) may review activities, plans, reports, recommendations, and other 28 materials from other agencies or persons that perform activities relating to the subject 29 matter described in (1)(A) or (1)(B) of this section; 30 (3) shall prepare a report of its activities for each legislature and notify 31 the legislature that the report is available;
01 (4) may present to the legislature additional reports or 02 recommendations relating to the subject matter described in (1)(A) or (1)(B) of this 03 section as the subcommittee from time to time determines appropriate; and 04 (5) may perform other functions appropriate for a subcommittee of a 05 permanent interim committee of the legislature relating to the subject matter described 06 in (1)(A) or (1)(B) of this section. 07 Sec. 24.20.715. Requests for information. The subcommittee may request 08 information relating to matters concerning homeland security and civil defense, 09 emergencies, or disasters or to the state's preparedness for or ability to mount a prompt 10 response to matters concerning homeland security and civil defense, emergencies or 11 disasters as the subcommittee determines appropriate in the performance of the 12 subcommittee's powers and duties under AS 24.20.710 from 13 (1) the Alaska division of homeland security and emergency 14 management in the Department of Military and Veterans' Affairs; 15 (2) the governor; or 16 (3) other agencies or persons that perform activities relating to 17 homeland security or civil defense, emergencies, or disasters in the state or to the 18 state's preparedness for or ability to mount a prompt response to matters concerning 19 homeland security and civil defense, emergencies, or disasters. 20 Sec. 24.20.720. Disclosure of information; confidentiality. (a) A person or 21 entity providing information under AS 24.40.715 may request confidential treatment 22 of the information provided to the subcommittee by clearly identifying the information 23 and the reasons supporting the request for confidential treatment. The subcommittee 24 shall keep the information confidential until the subcommittee determines whether the 25 requirements of (b) of this section are met. If the subcommittee has not made a 26 determination under (b) of this section within 14 days after receiving a request for 27 confidential treatment, the request is considered denied. If the subcommittee 28 determines that the information does not meet the requirements of (b) of this section or 29 if the subcommittee fails to make a determination within 14 days after receiving a 30 request for confidential treatment, the subcommittee shall return the information and 31 any copies of it at the request of the provider.
01 (b) If requested by a person or entity providing information under 02 AS 24.20.715, the information provided to the subcommittee shall be kept confidential 03 if the subcommittee determines, upon an adequate showing by the provider, that the 04 information 05 (1) is not subject to public disclosure under AS 40.25.100 - 40.25.220; 06 (2) is subject to a privilege recognized under the laws of this state, 07 whether at common law or by statute or by court rule; or 08 (3) is of such a nature that its disclosure would unreasonably interfere 09 in the exercise of powers or performance of duties or functions by 10 (A) the Department of Military and Veterans' Affairs under 11 AS 26.20.020; 12 (B) the Alaska division of homeland security and emergency 13 management in the Department of Military and Veterans' Affairs under 14 AS 26.20.025 or AS 26.23.040; 15 (C) the governor under AS 26.20.040 or AS 26.23.020. 16 (c) Information determined to be confidential under (b) of this section is 17 confidential under that subsection only so long as the reasons justifying the initial 18 determination of confidentiality under that subsection continue to exist. The 19 subcommittee may not release information that the subcommittee has previously 20 determined to be confidential under (b) of this section without providing the person or 21 entity providing the information notice and an opportunity to be heard. 22 (d) Notwithstanding the limitation in (c) of this section, information that is 23 determined to be confidential under (b) of this section may be disclosed by the 24 subcommittee to the subcommittee's staff, to other committees or legislators, or to the 25 staff of other committees or legislators. Information that is exchanged under this 26 subsection that was determined to be confidential under (b) of this section remains 27 confidential except as provided in (c) of this section. The portions of the records and 28 files of the other committees, legislators, or staff that reflect, incorporate, or analyze 29 information that is determined to be confidential under (b) of this section are not 30 public records. However, those portions may lose their confidential status as provided 31 in (c) of this section unless separately made confidential by another statute or other
01 law. 02 (e) Notwithstanding the limitation in (c) of this section, information that is 03 determined to be confidential under (b) of this section may be disclosed by the 04 subcommittee to employees or agents of the legislative audit division, the legislative 05 finance division, or the Legislative Affairs Agency. The portions of the records and 06 files of the employees or agents that reflect, incorporate, or analyze information that is 07 determined to be confidential under (b) of this section are not public records. 08 However, those portions may lose their confidential status as provided in (c) of this 09 section unless separately made confidential by another statute or other law. Before 10 confidential information is disclosed under this subsection, the person receiving the 11 information shall sign an appropriate confidentiality agreement if information received 12 by the person in the normal course of the person's employment is not already required 13 to be kept confidential by another statute or other law. 14 (f) Nothing in this section makes a record or file of the subcommittee or a 15 person or entity receiving information under (d) or (e) of this section a public record 16 that would not otherwise be a public record under AS 40.25.100 - 40.25.220. 17 Sec. 24.20.725. Staff. The Joint Armed Services Committee established 18 under AS 24.20.650 shall provide the subcommittee with professional and clerical 19 assistance. Individuals rendering assistance to the subcommittee under this section are 20 subject to the security clearance requirements established for members of the 21 subcommittee in AS 24.20.685(b). 22 Sec. 24.20.730. Definitions. In AS 24.20.680 - 24.20.730, "subcommittee" 23 means the Homeland Security and Emergency Management Subcommittee established 24 in AS 24.20.680. 25 * Sec. 3. AS 26.20.010 is amended to read: 26 Sec. 26.20.010. Policy and purpose. (a) Because of the [NATIONAL 27 EMERGENCY AND THE] possibility of [DISASTERS OR EMERGENCIES 28 RESULTING FROM] enemy or terrorist attack, sabotage, or other hostile action 29 against or in the state, and in order to ensure [INSURE] adequate preparations for 30 attack [DISASTERS] or emergencies, and generally to provide for homeland 31 security and the common defense, it is found and declared to be necessary
01 (1) to provide for a state homeland security and civil defense agency 02 [, AND TO AUTHORIZE THE CREATION OF LOCAL ORGANIZATIONS FOR 03 CIVIL DEFENSE]; 04 (2) to confer upon the governor [AND UPON THE EXECUTIVE 05 HEADS OF THE DISTRICTS OF THE STATE] the emergency powers provided in 06 this chapter; 07 (3) to provide for mutual aid and cooperation among the state, local, 08 and private agencies [DISTRICTS] of the state, with the other states of the United 09 States, [AND] with the federal government, and with the provinces of another 10 country, for carrying out homeland security and civil defense functions; 11 (4) to authorize the [ESTABLISHMENT OF ORGANIZATIONS 12 AND] taking of steps that are necessary and appropriate to carry out the provisions of 13 this chapter. 14 (b) It is further declared that the purpose of this chapter and the policy of the 15 state is that all homeland security and civil defense functions of this state be 16 coordinated to the maximum extent with the comparable functions of the federal 17 government, including its various departments and agencies, of the states of the United 18 States and localities, and of private agencies of every type, so that the most effective 19 preparation and use may be made of the state's manpower, resources, and facilities for 20 dealing with any attack [DISASTER] that occurs. 21 * Sec. 4. AS 26.20.010 is amended by adding a new subsection to read: 22 (c) It is further declared that the purpose of this chapter and the policy of the 23 state is that all homeland security and civil defense functions of this state be 24 coordinated by and through the Department of Military and Veterans' Affairs, with the 25 cooperation and assistance of all state agencies. 26 * Sec. 5. AS 26.20.020 is amended to read: 27 Sec. 26.20.020. Homeland security and civil [CIVIL] defense powers of 28 the Department of Military and Veterans' Affairs. (a) The Department of Military 29 and Veterans' Affairs is responsible for carrying out the provisions of this chapter 30 [AND, IN THE EVENT OF DISASTER OR EMERGENCY BEYOND LOCAL 31 CONTROL, MAY ASSUME DIRECT OPERATIONAL CONTROL OVER ALL OR
01 ANY PART OF THE CIVIL DEFENSE FUNCTIONS WITHIN THIS STATE]. 02 (b) In performing its duties under this chapter, the department may 03 (1) issue, adopt, amend, and rescind the necessary orders and 04 regulations to carry out this chapter, with consideration of the plans and programs of 05 the federal government; 06 (2) prepare and implement [A] comprehensive plans [PLAN] and 07 programs [PROGRAM] for the homeland security and civil defense of this state, 08 and coordinate with state agencies in the preparation and implementation of 09 those plans and programs, which shall be integrated into and coordinated with the 10 homeland security and civil defense plans and programs of the federal government 11 and of each state of the United States to the fullest possible extent, and coordinate the 12 preparation and implementation of plans and programs for homeland security and 13 civil defense by political subdivisions and private agencies of the [DISTRICTS OF 14 THIS] state, which shall be integrated into and coordinated with the homeland 15 security and civil defense plans [PLAN] and programs [PROGRAM] of this state to 16 the fullest possible extent; 17 (3) ascertain the requirements of the state [OR THE DISTRICTS OF 18 THE STATE] for food or clothing or other necessities of life in the event of attack and 19 plan for and procure supplies, medicines, materials, and equipment, and use and 20 employ any of the property, services, and resources within the state, for the purposes 21 set out [FORTH] in this chapter; make surveys of the industries, resources, and 22 facilities within the state that are necessary to carry out the purposes of this chapter; 23 institute training programs and public information programs; [,] and take all other 24 preparatory steps, including the partial or full mobilization of homeland security, 25 civil defense, and emergency organizations and personnel in advance of actual 26 attack [DISASTER], to ensure the furnishing of adequately trained and equipped 27 [FORCES OF CIVIL DEFENSE] personnel and adequate resources in time of need; 28 (4) coordinate [COOPERATE] with the [PRESIDENT AND HEADS 29 OF THE ARMED FORCES, AND THE CIVIL DEFENSE AGENCY OF THE 30 UNITED STATES, AND WITH THE] officers and agencies of the United States and 31 the states of the United States, in matters pertaining to the homeland security and
01 civil defense of the state and nation [AND THE INCIDENTS THEREOF; AND IN 02 THIS CONNECTION, TO TAKE ANY MEASURES THAT IT CONSIDERS 03 PROPER TO CARRY INTO EFFECT A REQUEST OF THE PRESIDENT AND 04 THE APPROPRIATE FEDERAL OFFICERS AND AGENCIES FOR ACTION 05 LOOKING TO CIVIL DEFENSE, INCLUDING THE DIRECTION OR CONTROL 06 OF 07 (A) BLACKOUTS AND PRACTICE BLACKOUTS, AIR 08 RAID DRILLS, MOBILIZATION OF CIVIL DEFENSE FORCES, AND 09 OTHER TESTS AND EXERCISES; 10 (B) WARNINGS AND SIGNALS FOR DRILLS OR 11 ATTACKS AND THE MECHANICAL DEVICES TO BE USED IN 12 CONNECTION WITH THEM; 13 (C) THE EFFECTIVE SCREENING OR EXTINGUISHING 14 OF LIGHTS AND LIGHTING DEVICES AND APPLIANCES; 15 (D) SHUTTING OFF WATER MAINS, GAS MAINS, 16 ELECTRIC POWER CONNECTIONS AND THE SUSPENSION OF 17 OTHER UTILITY SERVICES; 18 (E) THE CONDUCT OF CIVILIANS AND THE 19 MOVEMENT AND CESSATION OF MOVEMENT OF PEDESTRIANS 20 AND VEHICULAR TRAFFIC DURING, BEFORE, AND AFTER DRILLS 21 OR ATTACK; 22 (F) PUBLIC MEETINGS OR GATHERINGS; AND 23 (G) THE EVACUATION AND RECEPTION OF THE 24 CIVILIAN POPULATION]; 25 (5) exercise additional authority delegated by the governor to the 26 department [TAKE ACTION AND GIVE DIRECTIONS TO STATE AND LOCAL 27 LAW ENFORCEMENT OFFICERS AND AGENCIES AS ARE REASONABLE 28 AND NECESSARY] to secure compliance with this chapter and with the orders and 29 regulations issued or adopted under this chapter; 30 (6) employ measures and give directions to the state or local 31 [BOARDS OF] health agencies as are reasonably necessary for the purpose of
01 securing compliance with this chapter or with the findings or recommendations of 02 state or local [BOARDS OF] health agencies due to conditions arising from 03 [ENEMY] attack or the threat of [ENEMY] attack [OR OTHERWISE]; 04 (7) obtain and utilize the services, [AND] facilities, and information 05 of existing officers [,] and agencies of the state and of the political subdivisions 06 [DISTRICTS] of the state, whose duty it is to cooperate with and extend their services, 07 [AND] facilities, and information to the department as requested by it; 08 (8) [ESTABLISH AGENCIES AND OFFICES AND APPOINT 09 EXECUTIVE, TECHNICAL, CLERICAL, AND OTHER PERSONNEL 10 NECESSARY TO CARRY OUT THIS CHAPTER, INCLUDING, WITH 11 CONSIDERATION TO THE RECOMMENDATION OF THE LOCAL 12 AUTHORITIES, FULL TIME STATE AND DISTRICT DIRECTORS; 13 (9)] delegate authority vested in the department under this chapter, and 14 provide for the subdelegation of this authority; 15 (9) [(10)] sponsor and develop mutual aid and cooperation plans and 16 agreements among [BETWEEN] the agencies [DISTRICTS] of the state, the political 17 subdivisions of the state, and private agencies and organizations; 18 (10) [(11) ESTABLISH DISTRICTS IN THE STATE AS ARE 19 NEEDED TO CARRY OUT THE PURPOSES AND INTENT OF THIS CHAPTER; 20 (12)] sell, lend, transfer, or deliver supplies or medicines to carry out 21 the policy and purposes set out [FORTH] in this chapter on terms and conditions that 22 the department considers reasonable; 23 (11) participate in and conduct exercises to implement homeland 24 security plans and to prepare for a potential attack; 25 (12) advise the governor and the legislature on appropriate policy 26 of the state for matters of homeland security and civil defense; and 27 (13) coordinate with state agencies in providing a recommendation 28 to the governor for state action in response to changes in threats of attack [, BUT 29 SUBJECT TO THE FOLLOWING: 30 (A) MONEY DERIVED FROM THE SALE OF SUPPLIES 31 AND MEDICINES SHALL BE DEPOSITED IN A SPECIAL FUND,
01 WHICH SHALL BE USED BY THE DEPARTMENT TO REPLENISH AND 02 PURCHASE THE NECESSARY SUPPLIES AND MEDICINES; 03 (B) A SALE UNDER THIS PARAGRAPH MAY NOT BE 04 FOR AN AMOUNT BELOW 10 PER CENT OF THE REQUISITION COST 05 UNLESS FIRST APPROVED BY THE DEPARTMENT]. 06 * Sec. 6. AS 26.20 is amended by adding a new section to read: 07 Sec. 26.20.025. Creation and duties of the Alaska division of homeland 08 security and emergency management. (a) There is established in the department 09 the Alaska division of homeland security and emergency management, possessing the 10 powers and duties as set out in this section and as delegated by the adjutant general of 11 the department. 12 (b) The Alaska division of homeland security and emergency management, 13 with the concurrence and approval of the adjutant general of the department, shall 14 prepare and maintain a state homeland security plan and keep it current. The plan may 15 include provisions for 16 (1) investigation and assessment of threats from attack to persons, 17 facilities, systems, infrastructure, and other property in this state; 18 (2) identification of geographical areas, municipalities, facilities, 19 systems, infrastructure, or other property or persons especially vulnerable to an attack; 20 (3) prioritization of measures to protect persons, facilities, systems, 21 infrastructure, and other property in the state from attack; 22 (4) organization of personnel, including chains of command, and other 23 resources; 24 (5) coordination and deployment of personnel, including the organized 25 militia, state and local agency personnel, and authorized volunteers, and other 26 resources to protect persons, facilities, systems, infrastructure, and other property in 27 the state from attack or to respond to an attack; 28 (6) assistance to local officials and private agencies in designing local 29 and private security plans; 30 (7) coordination of federal, state, local, and private agencies' homeland 31 security activities;
01 (8) coordination of the state homeland security plan with the state 02 emergency plan and with the homeland security and disaster plans of the federal 03 government; 04 (9) other planning, preventive, preparedness, response, and mitigation 05 measures designed to eliminate or reduce the threat or effect of an attack; and 06 (10) other actions necessary to carry out the purposes of this chapter. 07 (c) With the concurrence and approval of the adjutant general of the 08 department, the Alaska division of homeland security and emergency management 09 shall 10 (1) develop, coordinate, and maintain a prioritized list of critical 11 infrastructure in the state; 12 (2) determine requirements of the state and its political subdivisions 13 for food, medicine, clothing, and other necessities in the event of an attack; 14 (3) procure and pre-position personnel, supplies, medicines, materials, 15 and equipment; 16 (4) plan and make arrangements for the availability and use of private 17 facilities, services, and property and, if necessary and used, provide for payment for 18 use under terms and conditions agreed upon by the state and the other parties or as 19 provided under AS 26.20.045; 20 (5) establish a register of persons with types of training and skills 21 important in homeland security and emergency response functions; 22 (6) prepare, for issuance or adoption by the governor, orders, 23 proclamations, and regulations as necessary or appropriate in coping with attacks; 24 (7) cooperate with the federal government and public or private 25 agencies or entities in achieving the purposes of this chapter and in implementing 26 programs for homeland security, civil defense, and attack prevention, preparedness, 27 response, recovery, and mitigation; 28 (8) do other things necessary or proper for the implementation of this 29 chapter. 30 (d) The division has the additional powers and duties set out in AS 26.23.040. 31 * Sec. 7. AS 26.20.030 is amended to read:
01 Sec. 26.20.030. Reciprocal aid agreements with other governments. In 02 accordance with this chapter, the [THE] governor may enter into reciprocal aid 03 agreements with other states, [AND WITH] the federal government, and provinces 04 [EITHER ON A STATEWIDE BASIS OR LOCAL DISTRICT BASIS OR WITH A 05 NEIGHBORING STATE OF THE UNITED STATES OR A PROVINCE] of a 06 foreign country. [THESE MUTUAL AID AGREEMENTS SHALL BE LIMITED 07 TO THE FURNISHING OR EXCHANGE OF FOOD, CLOTHING, MEDICINE, 08 AND OTHER SUPPLIES; ENGINEERING SERVICES; EMERGENCY HOUSING; 09 POLICE SERVICES; NATIONAL OR STATE GUARDS WHILE UNDER THE 10 CONTROL OF THE STATE; HEALTH, MEDICAL AND RELATED SERVICES; 11 FIRE FIGHTING, RESCUE, TRANSPORTATION, AND CONSTRUCTION 12 SERVICES AND EQUIPMENT; PERSONNEL NECESSARY TO PROVIDE OR 13 CONDUCT THESE SERVICES; AND OTHER SUPPLIES, EQUIPMENT, 14 FACILITIES, PERSONNEL, AND SERVICES THAT ARE NEEDED; THE 15 REIMBURSEMENT OF COSTS AND EXPENSES FOR EQUIPMENT, SUPPLIES, 16 PERSONNEL, AND SIMILAR ITEMS FOR MOBILE SUPPORT UNITS, FIRE- 17 FIGHTING UNITS, POLICE UNITS, AND HEALTH UNITS. THE AGREEMENTS 18 SHALL BE ON TERMS AND CONDITIONS THAT ARE CONSIDERED 19 NECESSARY.] 20 * Sec. 8. AS 26.20.040 is amended to read: 21 Sec. 26.20.040. Emergency powers of the governor. In the event of actual 22 enemy or terrorist attack in or against the state, or a credible threat of imminent 23 enemy or terrorist attack, the governor may declare that a state of emergency exists, 24 and, during the period of time that the state of emergency exists or continues, the 25 governor has and may exercise the additional emergency power 26 (1) to enforce all laws and regulations relating to homeland security 27 and civil defense and assume direct operational control of all homeland security and 28 civil defense forces and helpers in the state; 29 (2) to seize, take, or condemn property if, and only to the extent that, 30 the governor determines that the property is needed for the protection of the public 31 [OR AT THE REQUEST OF THE PRESIDENT, THE ARMED FORCES OR THE
01 CIVIL DEFENSE AGENCY OF THE UNITED STATES], including 02 (A) [ALL MEANS OF] transportation and communication 03 equipment, except newspapers and news services; 04 (B) [ALL STOCKS OF] fuel [OF WHATEVER NATURE]; 05 (C) food, clothing, equipment, materials, medicines, and 06 supplies; and 07 (D) facilities including buildings and plants; 08 (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, 09 and supplies among the inhabitants of the state and account to the commissioner of 10 revenue for funds received for the property; 11 (4) to make compensation for the property seized, taken, or condemned 12 on the basis described in AS 26.20.045; 13 (5) to suspend the provisions of a regulatory statute prescribing 14 procedures for the conduct of state business or the order or regulation of a state 15 agency if compliance with the provisions of the statute, order, or regulation 16 would prevent, or substantially impede or delay, action necessary to cope with 17 the emergency; 18 (6) to use all available resources of the state government and of 19 each political subdivision of the state as reasonably necessary to cope with the 20 emergency; 21 (7) to transfer personnel or alter the functions of state departments 22 and agencies or units of them for the purpose of responding to or facilitating the 23 response to the emergency; 24 (8) to perform and exercise other functions, powers, and duties that are 25 considered necessary to promote and secure the safety and protection of the civilian 26 population. 27 * Sec. 9. AS 26.20.040 is amended by adding new subsections to read: 28 (b) A state of emergency declared under (a) of this section may not remain in 29 effect longer than 30 days unless extended by the legislature by law and may be 30 terminated by law or withdrawal of the declaration. 31 (c) In this section, "credible threat of imminent enemy or terrorist attack"
01 means a threat of attack against persons or property in the state that the adjutant 02 general of the department or a designee of the adjutant general, in consultation with 03 the commissioner of public safety or a designee of the commissioner of public safety, 04 certifies to the governor has a high probability of occurring in the near future; the 05 certification must be based on specific information received from a local, state, 06 federal, or international agency, or another source that the adjutant general or the 07 designee of the adjutant general, in conjunction with the commissioner of public safety 08 or a designee of the commissioner of public safety, determines is reliable. 09 * Sec. 10. AS 26.20.100 is amended to read: 10 Sec. 26.20.100. Traffic control. In coordination with the Department of 11 Public Safety and the Department of Transportation and Public Facilities, the 12 [THE] department may 13 (1) formulate and execute plans and regulations for the control of 14 traffic for the rapid and safe movement of evacuation over public highways and streets 15 of people, troops, or vehicles and materials for homeland security and civil defense ; 16 and 17 (2) establish and operate checkpoints along private or public 18 roadways serving critical property or facilities in the state, at the direction of the 19 governor when the governor determines that a sufficiently high threat of enemy 20 or terrorist attack exists to warrant the action; the checkpoints established under 21 this paragraph may be in conjunction with closure of the roadway under 22 AS 19.10.100; operation of a checkpoint shall include the posting of checkpoint 23 signs in a manner that provides advance notice of the checkpoint so that persons 24 are afforded a reasonable opportunity to avoid the checkpoint by rerouting 25 travel; operation of a checkpoint shall be limited to enforcement of the roadway 26 closure or reasonable inspection of persons and vehicles passing through the 27 checkpoint for weapons, explosives, chemicals, biological or biochemical agents, 28 or other instruments capable of causing widespread severe injury to persons or 29 property; however, at a checkpoint authorized under this paragraph, a person is 30 entitled to retain possession of an amount of deadly weapons or defensive 31 weapons that is reasonably justifiable for the person's lawful use, so long as those
01 weapons are not prohibited weapons; in this paragraph, "deadly weapon" and 02 "defensive weapon" have the meanings given in AS 11.81.900(b), and "prohibited 03 weapon" has the meaning given in AS 11.61.200 [NATIONAL DEFENSE OR FOR 04 USE IN A DEFENSE INDUSTRY, AND MAY COORDINATE THE ACTIVITIES 05 OF THE DEPARTMENTS OR AGENCIES OF THE STATE AND OF THE 06 DISTRICTS CONCERNED WITH PUBLIC HIGHWAYS AND STREETS, IN A 07 MANNER THAT WILL BEST CARRY OUT THOSE PLANS]. 08 * Sec. 11. AS 26.20.110 is amended to read: 09 Sec. 26.20.110. Lease or loan of state property and transfer of personnel. 10 Notwithstanding any inconsistent provision of law, 11 [(1)] whenever the governor considers it is in the public interest [,] and 12 the urgency of the situation demands, the governor may 13 (1) [(A)] authorize a department or agency of the state to lease or lend, 14 on the terms and conditions that the governor considers necessary to promote the 15 public welfare and protect the interests of the state, real or personal property of the 16 state government to the president, the heads of the armed forces, or to the homeland 17 security or civil defense agency of the United States; 18 (2) [(B)] enter into an agreement on behalf of the state for the use or 19 loan to any political subdivision [DISTRICT] of the state, on terms and conditions 20 the governor considers necessary to promote the public welfare and protect the 21 interests of the state, of real or personal property of the state government, or the 22 temporary transfer or employment of personnel of the state government, to or by any 23 political subdivision [DISTRICT] of the state [; 24 (2) THE DIRECTOR OF EACH DISTRICT OF THE STATE MAY 25 (A) ENTER INTO A CONTRACT OR LEASE WITH THE 26 STATE, OR ACCEPT A LOAN, OR EMPLOY PERSONNEL, AND THE 27 DISTRICT MAY EQUIP, MAINTAIN, UTILIZE, AND OPERATE THE 28 PROPERTY AND EMPLOY NECESSARY PERSONNEL FOR THAT 29 PURPOSE IN ACCORDANCE WITH THE PURPOSES FOR WHICH THE 30 CONTRACT IS EXECUTED; 31 (B) DO ALL THINGS AND PERFORM ALL ACTS THAT
01 THE GOVERNOR CONSIDERS NECESSARY TO CARRY OUT THE 02 PURPOSE FOR WHICH THE CONTRACT IS MADE]. 03 * Sec. 12. AS 26.20.145 is amended to read: 04 Sec. 26.20.145. Immunity of owners of public shelters. A person owning or 05 controlling real estate who voluntarily and without compensation permits the 06 designation or use of the whole or part of the real estate for the purpose of sheltering 07 persons during an actual or practice attack or homeland security or civil defense 08 emergency or practice drill shall, together with the person's successors in interest, be 09 immune from suit for negligence arising out of the construction or maintenance of the 10 property causing the death of, or injury to, any person using the shelter during an 11 actual or practice attack or homeland security or civil defense emergency or 12 practice drill. 13 * Sec. 13. AS 26.20.150 is amended to read: 14 Sec. 26.20.150. Authority to accept services, gifts, grants, and loans. (a) 15 Whenever the federal government or an agency or officer of the federal government 16 offers to the state [, OR THROUGH THE STATE TO A DISTRICT,] services, 17 equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose 18 [PURPOSES] of homeland security or civil defense, the department [STATE 19 ACTING THROUGH THE GOVERNOR, OR THE DISTRICT, ACTING WITH 20 THE CONSENT OF THE GOVERNOR AND THROUGH ITS EXECUTIVE 21 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 22 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 23 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 24 THE STATE OR THE DISTRICT, AS THE CASE MAY BE, TO] receive the 25 services, equipment, supplies, materials, or funds on behalf of the state [OR THE 26 DISTRICT], subject to the terms of the offer and the regulations, if any, of the agency 27 making the offer. 28 (b) Whenever a person offers to the state [OR TO A DISTRICT] services, 29 equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of 30 homeland security or civil defense, the department [STATE ACTING THROUGH 31 THE GOVERNOR, OR THE DISTRICT ACTING THROUGH ITS EXECUTIVE
01 OFFICER OR GOVERNING BODY,] may accept the offer and [UPON 02 ACCEPTANCE THE GOVERNOR OR THE EXECUTIVE OFFICER OR 03 GOVERNING BODY OF THE DISTRICT MAY AUTHORIZE AN OFFICER OF 04 THE STATE OR OF THE DISTRICT, AS THE CASE MAY BE, TO] receive the 05 services, equipment, supplies, materials, or funds on behalf of the state, [OR 06 DISTRICT, AND] subject to the terms of the offer. 07 * Sec. 14. AS 26.20 is amended by adding a new section to read: 08 Sec. 26.20.195. Federal regulation of homeland security. The requirements 09 of this chapter do not apply to facilities, aircraft, vessels, and other means and modes 10 of transportation that are subject to federal homeland security requirements, including 11 aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520 and 12 Subchapter C, Parts 1540 - 1550 and maritime and land security requirements at 33 13 C.F.R. Chapter 1 Subchapter H, Parts 101 - 106 and 49 C.F.R. Chapter XII Subchapter 14 D, Parts 1570 - 1572. 15 * Sec. 15. AS 26.20.200 is amended by adding new paragraphs to read: 16 (4) "attack" means the use of weapons, explosives, chemicals, 17 biological or biochemical agents, or other instruments with the potential for major 18 force or impact, with apparent intent to inflict widespread or severe injury to persons 19 or property; 20 (5) "homeland security" means the detection, prevention, preemption, 21 and deterrence of, protection from, and response to, attacks targeted at territory, 22 population, or infrastructure in this state; 23 (6) "political subdivision" means 24 (A) a municipality; or 25 (B) another unit of local government; 26 (7) "private agency" means a for-profit or nonprofit corporation, 27 unincorporated village, association, or other group or entity operating in the state. 28 * Sec. 16. AS 26.23.020(g) is amended to read: 29 (g) In addition to any other powers conferred upon the governor by law, the 30 governor may, under AS 26.23.010 - 26.23.220, 31 (1) suspend the provisions of any regulatory statute prescribing
01 procedures for the conduct of state business, or the orders or regulations of any state 02 agency, if compliance with the provisions of the statute, order, or regulation would 03 prevent, or substantially impede or delay, action necessary to cope with the disaster 04 emergency; 05 (2) use all available resources of the state government and of each 06 political subdivision of the state as reasonably necessary to cope with the disaster 07 emergency; 08 (3) transfer personnel or alter the functions of state departments and 09 agencies or units of them for the purpose of performing or facilitating the performance 10 of disaster emergency services; 11 (4) subject to any applicable requirements for compensation under 12 AS 26.23.160, commandeer or utilize any private property, except for all news media 13 other than as specifically provided for in AS 26.23.010 - 26.23.220, if the governor 14 considers this necessary to cope with the disaster emergency; 15 (5) direct and compel the relocation of all or part of the population 16 from any stricken or threatened area in the state [,] if the governor considers relocation 17 necessary for the preservation of life or for other disaster mitigation purpose; 18 (6) prescribe routes, modes of transportation, and destinations in 19 connection with necessary relocation; 20 (7) control ingress to and egress from a disaster area, the movement of 21 persons within the area, and the occupancy of premises in it; 22 (8) suspend or limit the sale, dispensing, or transportation of alcoholic 23 beverages, [FIREARMS,] explosives, and combustibles; 24 (9) make provisions for the availability and use of temporary 25 emergency housing; 26 (10) allocate or redistribute food, water, fuel, [OR] clothing, medicine, 27 or supplies; and 28 (11) use money from the oil and hazardous substance release response 29 account in the oil and hazardous substance release prevention and response fund, 30 established by AS 46.08.010, to respond to a declared disaster emergency related to an 31 oil or hazardous substance discharge.
01 * Sec. 17. AS 26.23.040 is amended by adding a new subsection to read: 02 (g) The Alaska division of homeland security and emergency management has 03 the additional powers and duties set out in AS 26.20.025. 04 * Sec. 18. AS 26.23.210 is repealed and reenacted to read: 05 Sec. 26.23.210. Relationship to homeland security and civil defense laws. 06 (a) In the event of a conflict between this chapter and AS 26.20, including in the event 07 the governor declares a disaster under this chapter due to an attack or imminent threat 08 of attack as described in AS 26.23.900(2), the provisions of this chapter shall govern. 09 (b) The provisions of AS 26.20.140, providing for immunity of government, 10 employees, and other authorized persons in certain circumstances, apply when the 11 entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 12 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons 13 providing assistance to the state under a compact in a form substantially as contained 14 in AS 26.23.136. 15 * Sec. 19. AS 26.23.900(2) is amended to read: 16 (2) "disaster" means the occurrence or imminent threat of widespread 17 or severe damage, injury, loss of life or property, or shortage of food, water, or fuel 18 resulting from 19 (A) an incident such as storm, high water, wind-driven water, 20 tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, 21 avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, 22 explosion, or riot; 23 (B) the release of oil or a hazardous substance if the release 24 requires prompt action to avert environmental danger or mitigate 25 environmental damage; [OR] 26 (C) equipment failure if the failure is not a predictably frequent 27 or recurring event or preventable by adequate equipment maintenance or 28 operation; 29 (D) enemy or terrorist attack or an imminent threat of 30 enemy or terrorist attack in or against the state that the adjutant general 31 of the Department of Military and Veterans' Affairs or a designee of the
01 adjutant general, in consultation with the commissioner of public safety or 02 a designee of the commissioner of public safety, certifies to the governor 03 has a high probability of occurring in the near future; the certification 04 must meet the standards of AS 26.20.040(c); in this subparagraph, 05 "attack" has the meaning given under AS 26.20.200; or 06 (E) an outbreak of disease or an imminent threat of an 07 outbreak of disease that the commissioner of health and social services or 08 a designee of the commissioner of health and social services certifies to the 09 governor has a high probability of occurring in the near future; the 10 certification must be based on specific information received from a local, 11 state, federal, or international agency, or another source that the 12 commissioner or the designee determines is reliable; 13 * Sec. 20. AS 26.20.050, 26.20.060, 26.20.070, 26.20.080, 26.20.090, 26.20.120, 14 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) 15 are repealed. 16 * Sec. 21. AS 24.20.680, 24.20.685, 24.20.690, 24.20.695, 24.20.700, 24.20.705, 17 24.20.710, 24.20.715, 24.20.720, and 24.20.730, added by sec. 2 of this Act, are repealed 18 January 1, 2009. 19 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 PREPARATION AND PRESENTATION OF PROPOSED LEGISLATION. If the 22 adjutant general of the Department of Military and Veterans' Affairs determines that 23 additional qualifications for membership on the Homeland Security and Emergency 24 Management Subcommittee established under AS 24.20.680, enacted by sec. 2 of this Act, 25 would significantly enhance the security of sensitive materials or information coming before 26 the subcommittee in the course of its business, the adjutant general shall 27 (1) prepare a bill proposing amendments to AS 24.20.685, enacted by sec. 2 of 28 this Act, for consideration by the subcommittee; and 29 (2) present the bill to the subcommittee not later than 30 days following the 30 convening of the First Regular Session of the Twenty-Fourth Alaska State Legislature. 31 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION. Notwithstanding AS 24.20.690(a), enacted by sec. 2 of this Act, the 03 Homeland Security and Emergency Management Subcommittee established in AS 24.20.680, 04 enacted by sec. 2 of this Act, shall be organized for the first time within 15 days after the 05 effective date of this Act. 06 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 REVISOR'S INSTRUCTIONS. (a) The revisor of statutes is instructed to change the 09 heading of 10 (1) AS 26.20 from "Chapter 20. Civil Defense" to "Chapter 20. Homeland 11 Security and Civil Defense"; 12 (2) AS 26.23.040 from "Duties of the Alaska division of emergency services." 13 to "Homeland security duties of the Alaska division of homeland security and emergency 14 management." 15 (b) Wherever in the Alaska Statutes and the Alaska Administrative Code the term 16 "division of emergency services," which is in the Department of Military and Veterans' 17 Affairs, is used, it shall be read as the "division of homeland security and emergency 18 management" when to do so would be consistent with the purpose of this Act. 19 (c) Under AS 01.05.031, the revisor of statutes shall implement this section in the 20 statutes. 21 (d) Under AS 44.62.125(b)(6), the regulations attorney shall implement (b) of this 22 section in the Alaska Administrative Code. 23 * Sec. 25. This Act takes effect immediately under AS 01.10.070(c).