AS Title 26, Chapter 20: Homeland Security and Civil Defense

Chapter 20. Homeland Security and Civil Defense. Sec. 26.20.010. Policy and purpose. (a) Because of the possibility of enemy or terrorist attack, sabotage, or other hostile action against or in the state, and in order to ensure adequate preparations for attack or emergencies, and generally to provide for homeland security and the common defense, it is found and declared to be necessary to (1) provide for a state homeland security and civil defense agency; (2) confer upon the governor the emergency powers provided in this chapter; (3) provide for mutual aid and cooperation among the state, local, and private agencies of the state, with the other states of the United States, with the federal government, and with the provinces of another country, for carrying out homeland security and civil defense functions; (4) authorize the taking of steps that are necessary and appropriate to carry out the provisions of this chapter. (b) It is further declared that the purpose of this chapter and the policy of the state is that all homeland security and civil defense functions of this state be coordinated to the maximum extent with the comparable functions of the federal government, including its various departments and agencies, of the states of the United States and localities, and of private agencies of every type, so that the most effective preparation and use may be made of the state's manpower, resources, and facilities for dealing with any attack that occurs. (c) It is further declared that the purpose of this chapter and the policy of the state is that all homeland security and civil defense functions of this state be coordinated by and through the Department of Military and Veterans' Affairs, with the cooperation and assistance of all state agencies. Sec. 26.20.020. Homeland security and civil defense powers of the Department of Military and Veterans' Affairs. (a) The Department of Military and Veterans' Affairs is responsible for carrying out the provisions of this chapter. (b) In performing its duties under this chapter, the department may (1) issue, adopt, amend, and rescind the necessary orders and regulations to carry out this chapter, with consideration of the plans and programs of the federal government; (2) prepare and implement comprehensive plans and programs for the homeland security and civil defense of this state, and coordinate with state agencies in the preparation and implementation of those plans and programs, which shall be integrated into and coordinated with the homeland security and civil defense plans and programs of the federal government and of each state of the United States to the fullest possible extent, and coordinate the preparation and implementation of plans and programs for homeland security and civil defense by political subdivisions and private agencies of the state, which shall be integrated into and coordinated with the homeland security and civil defense plans and programs of this state to the fullest possible extent; (3) ascertain the requirements of the state for food or clothing or other necessities of life in the event of attack and plan for and procure supplies, medicines, materials, and equipment, and use and employ any of the property, services, and resources within the state, for the purposes set out in this chapter; make surveys of the industries, resources, and facilities within the state that are necessary to carry out the purposes of this chapter; institute training programs and public information programs; and take all other preparatory steps, including the partial or full mobilization of homeland security, civil defense, and emergency organizations and personnel in advance of actual attack, to ensure the furnishing of adequately trained and equipped personnel and adequate resources in time of need; (4) coordinate with the officers and agencies of the United States and the states of the United States, in matters pertaining to the homeland security and civil defense of the state and nation; (5) exercise additional authority delegated by the governor to the department to secure compliance with this chapter and with the orders and regulations issued or adopted under this chapter; (6) employ measures and give directions to the state or local health agencies as are reasonably necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of state or local health agencies due to conditions arising from attack or the threat of attack; (7) obtain and utilize the services, facilities, and information of existing officers and agencies of the state and of the political subdivisions of the state, whose duty it is to cooperate with and extend their services, facilities, and information to the department as requested by it; (8) delegate authority vested in the department under this chapter, and provide for the subdelegation of this authority; (9) sponsor and develop mutual aid and cooperation plans and agreements among the agencies of the state, the political subdivisions of the state, and private agencies and organizations; (10) sell, lend, transfer, or deliver supplies or medicines to carry out the policy and purposes set out in this chapter on terms and conditions that the department considers reasonable; (11) participate in and conduct exercises to implement homeland security plans and to prepare for a potential attack; (12) advise the governor and the legislature on appropriate policy of the state for matters of homeland security and civil defense; and (13) coordinate with state agencies in providing a recommendation to the governor for state action in response to changes in threat levels. Sec. 26.20.025. Creation and duties of the Alaska division of homeland security and emergency management. (a) There is established in the department the Alaska division of homeland security and emergency management, possessing the powers and duties as set out in this section and as delegated by the adjutant general of the department. (b) The Alaska division of homeland security and emergency management, with the concurrence and approval of the adjutant general of the department, shall prepare and maintain a state homeland security plan and keep it current. The plan may include provisions for (1) investigation and assessment of attack threats to persons, facilities, systems, infrastructure, and other property in this state; (2) identification of geographical areas, municipalities, facilities, systems, infrastructure, or other property or persons especially vulnerable to an attack; (3) prioritization of measures to protect persons, facilities, systems, infrastructure, and other property in the state from attack; (4) organization of personnel, including chains of command, and other resources; (5) coordination and deployment of personnel, including the organized militia, state and local agency personnel, and authorized volunteers, and other resources to protect persons, facilities, systems, infrastructure, and other property in the state from attack or to respond to an attack; (6) assistance to local officials and private agencies in designing local and private security plans; (7) coordination of federal, state, local, and private agencies' homeland security activities; (8) coordination of the state homeland security plan with the state emergency plan and with the homeland security and disaster plans of the federal government; (9) other planning, prevention, preparedness, response, and mitigation measures designed to eliminate or reduce the threat or effect of an attack; and (10) other actions necessary to carry out the purposes of this chapter. (c) With the concurrence and approval of the adjutant general of the department, the Alaska division of homeland security and emergency management shall (1) develop, coordinate, and maintain a prioritized list of critical infrastructure in the state; (2) determine requirements of the state and its political subdivisions for food, medicine, clothing, and other necessities in the event of an attack; (3) procure and pre-position personnel, supplies, medicines, materials, and equipment; (4) plan and make arrangements for the availability and use of private facilities, services, and property and, if necessary and used, provide for payment for use under terms and conditions agreed upon by the state and the other parties or as provided under AS 26.20.045 ; (5) establish a register of persons with types of training and skills important in homeland security and emergency response functions; (6) prepare, for issuance or adoption by the governor, orders, proclamations, and regulations as necessary or appropriate in coping with attacks; (7) cooperate with the federal government and public or private agencies or entities in achieving the purposes of this chapter and in implementing programs for homeland security, civil defense, and attack prevention, preparedness, response, recovery, and mitigation; (8) do other things necessary or proper for the implementation of this chapter. (d) The division has the additional powers and duties set out in AS 26.23.040 . Sec. 26.20.030. Reciprocal aid agreements with other governments. In accordance with this chapter, the governor may enter into reciprocal aid agreements with other states, the federal government, and provinces of a foreign country. Sec. 26.20.040. Emergency powers of the governor. (a) In the event of actual enemy or terrorist attack in or against the state, or a credible threat of imminent enemy or terrorist attack, the governor may declare that a state of emergency exists, and, during the period of time that the state of emergency exists or continues, the governor has and may exercise the additional emergency power (1) to enforce all laws and regulations relating to homeland security and civil defense and assume direct operational control of all homeland security and civil defense forces and helpers in the state; (2) to seize, take, or condemn property if, and only to the extent that, the governor determines that the property is needed for the protection of the public, including (A) transportation and communication equipment, except newspapers and news services; (B) fuel; (C) food, clothing, equipment, materials, medicines, and supplies; and (D) facilities including buildings and plants; (3) to sell, lend, give, or distribute the fuel, food, clothing, medicines, and supplies among the inhabitants of the state and account to the commissioner of revenue for funds received for the property; (4) to make compensation for the property seized, taken, or condemned on the basis described in AS 26.20.045 ; (5) to suspend the provisions of a regulatory statute prescribing procedures for the conduct of state business or the order or regulation of a state agency if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the emergency; (6) to use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency; (7) to transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of responding to or facilitating the response to the emergency; (8) to perform and exercise other functions, powers, and duties that are considered necessary to promote and secure the safety and protection of the civilian population. (b) A state of emergency declared under (a) of this section may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration. (c) In this section, “credible threat of imminent enemy or terrorist attack” means a threat of attack against persons or property in the state that the adjutant general of the department or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the adjutant general or the designee of the adjutant general, in conjunction with the commissioner of public safety or a designee of the commissioner of public safety, determines is reliable. Sec. 26.20.045. Compensation for property seized under AS 26.20.040 . (a) If property is taken under AS 26.20.040 for temporary use, the governor, within 10 days of the taking, shall fix the amount of compensation to be paid for it. If the property is returned to the owner in a damaged condition or is not returned to the owner, the governor shall fix within 10 days the amount of compensation to be paid for the damage or failure to return. Whenever the governor considers it advisable for the state to take title to property taken under AS 26.20.040 , the governor shall immediately have the owner of the property notified in writing by registered mail, postage prepaid, and immediately have a copy of the notice filed with the attorney general. (b) The provisions of law relating to eminent domain, when applicable, are adopted for the determination of compensation to be paid owners of all classes of private property taken under AS 26.20.040 . Secs. 26.20.050 — 26.20.090. Mutual-aid arrangements between local organizations; local organization for civil defense; local services mobile support units, investigations and surveys. [Repealed, § 22 ch 179 SLA 2004.] Sec. 26.20.100. Traffic control. In coordination with the Department of Public Safety and the Department of Transportation and Public Facilities, the department may (1) formulate and execute plans and regulations for the control of traffic for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for homeland security and civil defense; and (2) establish and operate checkpoints along private or public roadways serving critical property or facilities in the state, at the direction of the governor when the governor determines that a sufficiently high threat of enemy or terrorist attack exists to warrant the action; the checkpoints established under this paragraph may be in conjunction with closure of the roadway under AS 19.10.100 ; operation of a checkpoint shall include the posting of checkpoint signs in a manner that provides advance notice of the checkpoint so that persons are afforded a reasonable opportunity to turn around without passing through the checkpoint; operation of a checkpoint shall be limited to enforcement of the roadway closure or reasonable inspection of persons and vehicles passing through the checkpoint for weapons, explosives, chemicals, biological or biochemical agents, or other instruments capable of causing widespread severe injury to persons or property; however, at a checkpoint authorized under this paragraph, a person is entitled to retain possession of an amount of deadly weapons or defensive weapons that is reasonably justifiable for the person's lawful use, so long as those weapons are not prohibited weapons; in this paragraph, “deadly weapon” and “defensive weapon” have the meanings given in AS 11.81.900 (b), and “prohibited weapon” has the meaning given in AS 11.61.200 . Sec. 26.20.110. Lease or loan of state property and transfer of personnel. Notwithstanding any inconsistent provision of law, whenever the governor considers it is in the public interest and the urgency of the situation demands, the governor may (1) authorize a department or agency of the state to lease or lend, on the terms and conditions that the governor considers necessary to promote the public welfare and protect the interests of the state, real or personal property of the state government to the president, the heads of the armed forces, or to the homeland security or civil defense agency of the United States; (2) enter into an agreement on behalf of the state for the use or loan to any political subdivision of the state, on terms and conditions the governor considers necessary to promote the public welfare and protect the interests of the state, of real or personal property of the state government, or the temporary transfer or employment of personnel of the state government, to or by any political subdivision of the state. Secs. 26.20.120 , 26.20.130. Orders and regulations; suspension of inconsistent laws; enforcement. [Repealed, § 22 ch 179 SLA 2004.] Sec. 26.20.140. Immunity of government, employees, and authorized volunteers or other persons. (a) The state, a district of the state, and the employees, agents, or representatives of the state or district are not liable for personal injury or property damage sustained by any person appointed or acting as a civilian defense worker. This provision does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers' compensation law or a pension law or an Act of Congress. (b) The state, a district of the state, an employee, agent, or representative of the state or a district, or a volunteer or auxiliary civilian defense worker or member of an agency engaged in civilian defense activity, complying with or reasonably attempting to comply with this chapter or an order or regulation adopted under this chapter, or under an ordinance relating to blackout or other precautionary measures enacted by a district director of the state, is not liable for the death of or injury to persons, or for damage to property, as a result of the activity. (c) This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others. (d) In this section, “civilian defense worker” means a worker engaged in a civil defense activity in an official capacity or at the direction of the state, including (1) an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state; (2) a member of a board, commission, or task force created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state; (3) a contractor to the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state, or an officer or employee of the contractor; (4) an officer or a member of the state's organized militia on active state service under AS 26.05.070 ; (5) an officer or employee of another state; and (6) a volunteer authorized by the state, a municipality or other political subdivision of the state, or a federal agency to engage in a civil defense activity. Sec. 26.20.145. Immunity of owners of public shelters. A person owning or controlling real estate who voluntarily and without compensation permits the designation or use of the whole or part of the real estate for the purpose of sheltering persons during an actual or practice attack or homeland security or civil defense emergency or practice drill shall, together with the person's successors in interest, be immune from suit for negligence arising out of the construction or maintenance of the property causing the death of, or injury to, any person using the shelter during an actual or practice attack or homeland security or civil defense emergency or practice drill. Sec. 26.20.150. Authority to accept services, gifts, grants, and loans. (a) Whenever the federal government or an agency or officer of the federal government offers to the state services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose of homeland security or civil defense, the department may accept the offer and receive the services, equipment, supplies, materials, or funds on behalf of the state, subject to the terms of the offer and the regulations, if any, of the agency making the offer. (b) Whenever a person offers to the state services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of homeland security or civil defense, the department may accept the offer and receive the services, equipment, supplies, materials, or funds on behalf of the state, subject to the terms of the offer. Secs. 26.20.160 — 26.20.180. Loyalty oath of civil defense personnel; political activity prohibited; penalties. [Repealed, § 22 ch 179 SLA 2004.] Sec. 26.20.190. Liberality of construction. This chapter shall be construed liberally in order to carry out its purposes. Sec. 26.20.195. Federal regulation of homeland security. The requirements of this chapter do not apply to facilities, aircraft, vessels, and other means and modes of transportation that are subject to federal homeland security requirements, including aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520, and Subchapter C, Parts 1540 — 1550, and maritime and land security requirements at 33 C.F.R. Chapter 1 Subchapter H, Parts 101 — 106, and 49 C.F.R. Chapter XII Subchapter D, Parts 1570 — 1572. Sec. 26.20.200. Definitions. In this chapter, unless the context otherwise requires, (1) “attack” means the use of weapons, explosives, chemicals, biological or biochemical agents, or other instruments with the potential for major force or impact, with apparent intent to inflict widespread or severe injury to persons or property; (2) “civil defense” means the protection and defense of the civilian population by the organized efforts of the residents of the state other than those in the military service, and includes without limitation, fire fighting, policing, rescue, air raid warning, security, communications, medical service, vaccination and other actions to protect public health, transportation, evacuation of persons, welfare aid, guard duty, anti-espionage and anti-sabotage service, construction of temporary housing and bomb proof shelters, any other service necessary for the protection of and aid to the public not normally furnished by the military services, and training, preparation, travel, and other activities necessary for the provision of the services described in this paragraph; (3) “department” means the Department of Military and Veterans' Affairs; (4) “homeland security” means the detection, prevention, preemption, and deterrence of, protection from, and response to attacks targeted at territory, population, or infrastructure in this state; (5) “political subdivision” means (A) a municipality; or (B) another unit of local government; (6) “private agency” means a for-profit or nonprofit corporation, unincorporated village, association, or other group or entity operating in the state.