Section 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.

Authorities

23.30.244;26.20.045;26.20.040;26.23.900

Notes

References

AS 23.30.244 Emergency and disaster relief forces as state employees.
AS 26.20.045
AS 26.20.045 Compensation for property seized under AS 26.20.040.
AS 26.23.900 Definitions.

History

(Sec. 7 ch 131 SLA 1951; am Sec. 8, 9 ch 179 SLA 2004)