reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 20. Homeland Security and Civil Defense › 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.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.010. Purposes.

The purposes of this chapter are to
(1) reduce the vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from a disaster;
(2) prepare for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by a disaster;
(3) provide a setting conducive to the rapid and orderly start of rehabilitation of persons and restoration of property affected by a disaster;
(4) clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to and recovery from a disaster;
(5) authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;
(6) authorize and provide for the coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of the state, and similar state-local, inter-state, federal-state, and foreign activities in which the state and its political subdivisions may participate; and
(7) assist in the prevention of disasters caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.025. The legislature and disaster emergencies.

(a) When the governor declares a condition of disaster emergency under AS 26.23.020(c), concurrently with the issuance of the proclamation, the governor shall prepare and deliver to the presiding officers of the legislature and to the persons who chair the finance committees in each house of the legislature a financing plan describing the amount by fund source of money, including the amount of state match for federal funds, that the governor proposes to use to cope with the disaster, the estimated total expenditures necessary to cope with the disaster, and the estimated time frame necessary to cope with the disaster.
(b) Notwithstanding any other provision of this chapter, if the declaration of a disaster emergency occurs while the legislature is in session or if a special session is held, actions taken by the governor under this chapter after the close of the session that are not ratified by law adopted during that session are void.
(c) The legislature may terminate a disaster emergency at any time by law.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.045. Response corps; depots.

(a) The department may establish a response corps. The corps consists of volunteers who register with the department and agree to be trained in techniques for emergency and disaster response and to be available on short notice to carry out responsibilities of the corps under an applicable incident command system. Members of the corps are entitled to per diem and expenses as determined by the department for training and for days spent in service to the state.
(b) The department may maintain emergency response depots in areas of the state identified for that purpose in the state emergency plan developed under AS 26.23.040. The depots shall be equipped in a manner that enables prompt response to emergencies and disasters.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.050. Financing.

(a) It is the intent of the legislature, and declared to be the policy of the state, that funds to meet disaster emergencies will always be available.
(b) Whenever, and to the extent that, money is needed to cope with a disaster, the first recourse shall be to money regularly appropriated to state and local agencies. The second recourse shall be to money available in the disaster relief fund or, for oil or hazardous substances discharges, the oil and hazardous substance release prevention and response fund, as the governor determines appropriate. If money available from these sources is insufficient, and if the governor finds that other sources of money to cope with the disaster are not available or are insufficient, the governor may, notwithstanding the limitations imposed by AS 37.07.080(e),
(1) transfer and spend money appropriated for other purposes; or
(2) borrow money for a term not to exceed two years.
(c) Nothing in this section limits the governor's authority to apply for, receive, administer, and spend grants, gifts, or payments from any source, to aid in disaster prevention, preparedness, response, or recovery.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.060. Local and interjurisdictional disaster services.

(a) Each political subdivision in the state is within the jurisdiction of, and shall be served by, the Alaska division of homeland security and emergency management.
(b) Each political subdivision is responsible for disaster preparedness and coordination of response
(1) by itself;
(2) in conjunction with other political subdivisions by establishing an interjurisdictional planning and service area under AS 26.23.070; or
(3) in conjunction with the Alaska division of homeland security and emergency management.
(c) Each political subdivision that has not established the ability to mitigate, prepare for, respond to, and recover from disasters shall designate, and provide to the Alaska division of homeland security and emergency management the name of, a liaison officer to facilitate the cooperation and protection of that political subdivision in the work of disaster prevention, preparedness, response, and recovery.
(d) The principal executive officer of each political subdivision in the state shall notify the Alaska division of homeland security and emergency management of the manner in which the political subdivision is providing or securing disaster planning and intends to provide or secure emergency services, identify the person who heads the agency from which the services are or will be obtained, and furnish additional information relating to the services as the Alaska division of homeland security and emergency management requires.
(e) Each political subdivision shall ensure that a written local or interjurisdictional disaster emergency plan for its area is prepared, maintained, and distributed to all appropriate officials. The disaster emergency plan must include a clear and complete statement of the emergency responsibilities of all local agencies and officials.
(f) [Repealed, § 28 ch 32 SLA 1994.]
(g) To the extent that a plan prepared under this section relates to action required to avert human injury or other damage from a release of a hazardous substance, the plan must be substantially equivalent in relevant respects, including the use of a comparable incident command system, to the local emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and regional master plans prepared by the Department of Environmental Conservation under AS 46.04.200 - 46.04.210. The plan must use an incident command system comparable to the system used in those plans and must be reviewed by the Alaska State Emergency Response Commission under AS 26.23.077.
(h) Notwithstanding the definition of “political subdivision” in AS 26.23.900, this section does not empower a political subdivision to perform responsibilities that it is not otherwise empowered to perform. In this section, “political subdivision” includes only a political subdivision that is otherwise empowered to perform the responsibilities assigned under this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.070. Establishment of interjurisdictional disaster planning and service areas.

(a) If the governor finds that two or more adjoining political subdivisions would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services, the governor may designate by order an interjurisdictional area adequate to plan for, prevent, or respond to a disaster in that area, and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint disaster emergency plan, mutual aid, or an area organization for emergency planning and services. A finding by the governor under this subsection must be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system without an interjurisdictional relationship, such as
(1) small or sparse population;
(2) limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome;
(3) unusual vulnerability to disaster as evidenced by a past history of disasters, topographical features, drainage characteristics, disaster potential, and presence of disaster-prone facilities or operations;
(4) the interrelated character of the political subdivisions in an area; or
(5) other relevant conditions or circumstances.
(b) If the governor finds that a vulnerable area lies only partly within the state and includes territory in a foreign jurisdiction, and that it would be desirable to establish an international relationship, mutual aid, or an area organization for disaster, the governor shall take steps to that end as desirable. If this action is taken with jurisdictions that have enacted the Emergency Management Assistance Compact substantially as contained in AS 26.23.136, any resulting agreement may be considered a supplementary agreement under Article VII of that compact.
(c) If a jurisdiction with which the governor proposes to cooperate under (b) of this section has not enacted the Emergency Management Assistance Compact, the governor may negotiate a special agreement with that jurisdiction.
(d) To the extent that a plan prepared under this section relates to action required to avert human injury or other damage from a release of a hazardous substance, the plan must be substantially equivalent in relevant respect to the local emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and regional master plans prepared by the Department of Environmental Conservation under AS 46.04.200 - 46.04.210. The plan must use an incident command system comparable to the system used in those plans and must be reviewed by the Alaska State Emergency Response Commission under AS 26.23.077.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.075. Emergency plans.

(a) An emergency plan prepared under AS 26.23.073 must include
(1) identification of facilities subject to the requirements of 42 U.S.C. 11001 - 11005 that are within the emergency planning district, identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a), and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of 42 U.S.C. 11001 - 11005 such as hospitals or natural gas facilities;
(2) methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to a release of hazardous substances or a release of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a);
(3) designation of an emergency coordinator, as required under AS 26.23.060(d), and facility emergency coordinators, who shall make determinations necessary to implement the emergency plan;
(4) procedures providing reliable, effective, and timely notification by the facility emergency coordinators to persons designated in the emergency plan, and to the public, that a release has occurred, consistent with the emergency notification requirements of 42 U.S.C. 11004;
(5) methods for determining the occurrence of a release and the area or population likely to be affected by that release;
(6) a description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of 42 U.S.C. 11001 - 11005, and an identification of the persons responsible for the equipment and facilities;
(7) evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes;
(8) training programs, including schedules for training of local emergency response and medical personnel; and
(9) methods and schedules for exercising the emergency plan.
(b) An emergency plan prepared under AS 26.23.073 may include descriptions, procedures, and programs related to disasters other than those caused by releases of hazardous substances.
(c) Each emergency plan prepared under AS 26.23.073 must incorporate within it an incident command system. The incident command system must be substantially equivalent in relevant respects to the incident command systems established under AS 46.04.200 - 46.04.210 and meet the requirements of AS 26.23.077.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.077. Plan review; incident command systems.

(a) The commission shall review and make recommendations about local, interjurisdictional, regional, and state emergency plans, including the Alaska intrastate mutual aid system established in AS 26.23.500, other plans prepared under this chapter and AS 46.04.200 - 46.04.210, and all emergency plans prepared by state agencies under other authorities.
(b) When making recommendations about a plan, the commission shall suggest changes that ensure that the plan includes an incident command system that describes the respective roles of affected persons and agencies in a clear and specific manner and that the respective roles of state agencies are consistent with their statutory duties. The commission shall also suggest changes that ensure that the plans are well-integrated with related plans.
(c) To the extent consistent with other law, an incident command system recommended under this section or included in a plan reviewed under this section must provide that the Department of Military and Veterans' Affairs has a major role in mobilization of personnel and resources, communications, transportation planning, and other logistics involved in a state response to a disaster or other emergency.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.080. Federal disaster loans to political subdivisions.

Whenever, at the request of the governor, the President has declared a major disaster to exist in this state, the governor may
(1) upon the governor's determination that a political subdivision of the state will suffer a substantial loss of tax and other revenue from the disaster and has demonstrated a need for financial assistance to perform its governmental functions, apply to the federal government, on behalf of the political subdivision, for a loan; the governor may receive and disburse the proceeds of any approved loan to any applicant political subdivision;
(2) determine the amount needed by any applicant political subdivision to restore or resume its governmental functions, and to certify the amount to the federal government;
(3) recommend to the federal government, based upon review by the governor, the cancellation of all or any part of repayment when, for the first three full fiscal years following the major disaster, the revenue of the political subdivision is insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.090. Grants to disaster victims.

(a) Whenever the President, at the request of the governor, has declared a major disaster to exist in this state, the governor may
(1) upon the governor's determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, accept a grant by the federal government to fund that financial assistance, subject to the terms and conditions that may be imposed upon the grant;
(2) enter into an agreement with the federal government, or any officer or agency of it, pledging the state to participate in the funding of the financial assistance authorized in (1) of this subsection, in an amount not to exceed 25 percent of the assistance and, if state funds are not otherwise available to the governor, to accept an advance of the state's share from the federal government to be repaid when the state is able to do so.
(b) The governor is authorized to make financial grants to an individual or family to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by the disaster that cannot otherwise adequately be met from other means of assistance. The governor may make a grant to an individual and family under this subsection as follows:
(1) when the President declares a major disaster, the governor may make a grant of an amount whose total of federal and state shares does not exceed the maximum amount authorized by 42 U.S.C. 5174(h) for grants payable to individuals and families;
(2) when the President does not declare a major disaster but the governor declares a disaster emergency, the governor may make a grant of an amount not to exceed one-half of the maximum grant amount established under (1) of this subsection.
(c) [Repealed, § 18 ch 178 SLA 1990.]
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.100. Temporary housing.

(a) Whenever the governor has proclaimed a disaster emergency, or the President, at the request of the governor, has declared an emergency or a major disaster to exist in this state, the governor may
(1) purchase, lease, or make other arrangements with any agency of the United States or state for temporary housing units to be occupied by disaster victims and to make those units available to any political subdivision of the state;
(2) assist any political subdivision of this state that is the location of temporary housing for disaster victims to acquire sites necessary for the temporary housing and do all things necessary to prepare the site to receive and use temporary housing units by
(A) advancing or lending funds available to the governor from an appropriation made by the legislature or from any other source;
(B) passing through funds made available by any agency, public or private; or
(C) becoming a copartner with a political subdivision for the execution and performance of any temporary housing for disaster-victim projects and, for those purposes, pledging the credit of the state on terms considered appropriate, having due regard for current debt transactions of the state;
(3) under whatever relevant regulations the governor may adopt, temporarily suspend or modify, for not more than 60 days, any public health, safety, zoning, transportation, or other requirement of law or regulation of the state, when by proclamation, the governor declares a suspension or modification essential to provide temporary housing for disaster victims.
(b) A political subdivision of this state may acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, that are necessary to prepare or equip those sites to receive and use the housing units.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.110. Debris and wreckage removal in disaster emergency or major disaster.

(a) When the governor has declared a disaster emergency, or the President, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor may
(1) through the use of state agencies, clear from publicly or privately owned land or water, debris and wreckage that may threaten public health, safety, or property;
(2) apply for and accept funds from the federal government and use those funds to make grants to a political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.
(b) Authority under (a)(1) of this section may not be exercised unless the affected political subdivision, corporation, organization, or individual unconditionally authorizes the removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against claims arising from the removal.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.135. Emergency Management Assistance Compact enacted and entered into.

The Emergency Management Assistance Compact is hereby enacted into law and entered into with all jurisdictions legally joining in it in a form substantially as contained in AS 26.23.136.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.140. Local disaster emergencies.

(a) A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It may not be continued or renewed for a period in excess of seven days, except by or with the consent of the governing board of the political subdivision. An order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed promptly with the Alaska division of homeland security and emergency management and the appropriate municipal clerk.
(b) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, and to authorize the furnishing of aid and assistance under those plans.
(c) A representative of an interjurisdictional disaster planning and service area may not declare a local disaster emergency unless expressly authorized by the principal executive officer of each political subdivision in the emergency area.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.150. Disaster prevention.

(a) In addition to disaster prevention measures as included in the state, local, and interjurisdictional disaster plans, the governor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. At the governor's direction, and under any other authority and competence they have, state agencies, including but not limited to those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, environmental quality, public works, land use and land use planning, and construction standards, shall make studies of disaster-prevention-related matters. The governor, from time to time, shall make recommendations to the legislature, local governments, and other appropriate public and private entities as may facilitate measures for the prevention or reduction of the harmful consequences of disasters.
(b) Appropriate departments, in conjunction with the Alaska division of homeland security and emergency management, shall keep land uses and location of structures and other facilities under continuing study, and identify areas that are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences of it.
(c) If the Alaska division of homeland security and emergency management believes, on the basis of the studies or other competent evidence and after consultation with the appropriate local planning agencies, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the governor.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.160. Compensation.

(a) Personal services may not be compensated by the state or a political subdivision or agency of it, except in accordance with Alaska law or a local ordinance.
(b) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency, and its use or destruction was ordered by the governor or by a member of the disaster emergency forces of this state who is authorized by the Alaska division of homeland security and emergency management to issue such an order.
(c) A person claiming compensation for the use, damage, loss, or destruction of property occasioned by action taken under AS 26.23.010 - 26.23.220 shall file a claim for that compensation with the Alaska division of homeland security and emergency management in the form and manner required by the division.
(d) Unless the amount of compensation resulting from property damaged, lost, or destroyed is agreed upon between the claimant and the Alaska division of homeland security and emergency management, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property under the condemnation laws of this state.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.170. Communications.

(a) The Department of Military and Veterans' Affairs shall ascertain what means exist for rapid and efficient communications in times of disaster emergency. The department shall consider the desirability of supplementing these communications resources, or of integrating them into a comprehensive state or state-federal telecommunications network or other communication system or network. In studying the character and feasibility of any system or its several parts, the department shall evaluate the possibility of multi-purpose use of it or its parts for general state and local governmental purposes. The department shall make recommendations to the governor as appropriate.
(b) A statewide 911 coordinator is established within the Department of Military and Veterans' Affairs to coordinate and facilitate the implementation of 911 systems throughout the state. The 911 coordinator shall
(1) participate in efforts to set uniform statewide standards for automatic number identification and automatic location identification data transmission for telecommunications systems;
(2) make recommendations as necessary for implementation of basic and enhanced 911 service.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.180. Mutual aid.

(a) Political subdivisions not participating in interjurisdictional arrangements under AS 26.23.010 - 26.23.220 nevertheless shall be encouraged and assisted by the Alaska division of homeland security and emergency management to conclude suitable arrangements for furnishing mutual aid in coping with disasters. The arrangements must include provision of aid by persons and units in public employment.
(b) In concurring with local disaster plans, the governor shall consider whether they contain adequate provisions for the rendering and receipt of mutual aid.
(c) It is a sufficient reason for the governor to require an interjurisdictional agreement or arrangement under AS 26.23.070 that the area involved and political subdivisions in it have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis, and that the political subdivisions have not already made adequate provision for mutual aid; but in requiring an interjurisdictional arrangement in order to accomplish the purpose of this section, the governor need not require establishment and maintenance of an interjurisdictional disaster planning and service area or arrangement for any other disaster purposes.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.190. Emergency powers.

(a) If entry is reasonably necessary to actually alleviate or prevent the disaster, all persons authorized to carry out emergency measures directed under the provisions of AS 26.23.010 - 26.23.220 shall be accorded free access to all public and private land and public buildings within the areas specified, and are authorized to enter them and to perform work and take measures that are appropriate without the consent of the owners of the land or buildings.
(b) [Repealed, § 28 ch 32 SLA 1994.]
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.200. Limitations.

Nothing in AS 26.23.010 - 26.23.220
(1) interferes with or allows interference with the course or conduct of a labor dispute, except that actions otherwise authorized by AS 26.23.010 - 26.23.220 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2) interferes with or allows interference with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency, in a manner that encroaches as little as possible upon the normal functions of the news media;
(3) affects the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel of them, when on active duty; but state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies;
(4) limits, modifies, or abridges the authority of the governor to proclaim martial law, or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provision of AS 26.23.010 - 26.23.220; or
(5) authorizes the confiscation of a firearm lawfully owned, possessed, or carried by a law-abiding citizen.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.205. Confiscation of firearms.

(a) A person convicted of official misconduct under AS 11.56.850, or interference with constitutional rights under AS 11.76.110, as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency,
(1) forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person's police certification;
(2) is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or
(3) is subject to having the person's elected municipal office declared vacant under AS 29.20.170 or 29.20.280.
(b) This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia.
(c) A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.210. Relationship to homeland security and civil defense laws.

(a) In the event of a conflict between this chapter and AS 26.20, including in the event the governor declares a disaster under this chapter due to an attack or credible threat of imminent enemy or terrorist attack as described in AS 26.23.900(2), the provisions of this chapter shall govern.
(b) The provisions of AS 26.20.140, providing for immunity of government, employees, and other authorized persons in certain circumstances, apply when the entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 - 26.23.220, except as otherwise provided in AS 26.23.136 for entities or other persons providing assistance to the state under a compact in a form substantially as contained in AS 26.23.136.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 1. Alaska Disaster Act. › Sec. 26.23.220. Administration.

AS 26.23.010 - 26.23.220 shall be administered by the Department of Military and Veterans' Affairs, which is responsible to, and which may receive delegations of authority from, the governor.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 2. Disaster Relief Fund. › Sec. 26.23.300. Disaster relief fund.

(a) There is in the Office of the Governor a disaster relief fund. The Department of Revenue is custodian of the fund.
(b) Subject to the restrictions of AS 26.23.020(h) - (k), the governor may expend the assets of the disaster relief fund for the following purposes:
(1) to implement provisions of law relating to disaster relief in the case of a disaster or an incident;
(2) to alleviate the effects of a disaster or an incident by making grants or loans to persons or political subdivisions on terms the governor considers appropriate or by other means the governor considers appropriate.
(c) [Repealed, § 7 ch 4 SLA 2000.]
(d) The governor shall present to the legislature an annual accounting of money expended from the disaster relief fund.
(e) The governor shall adopt regulations to carry out the provisions of this section.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 3. Fuel Emergency. › Sec. 26.23.400. Fuel emergency fund.

There is established in the Office of the Governor the fuel emergency fund. When the governor determines that a shortage of fuel is sufficiently severe to justify state assistance, the governor may make a grant from the fuel emergency fund to a political subdivision to purchase emergency supplies of fuel.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 4. Alaska Intrastate Mutual Aid System. › Sec. 26.23.500. Alaska intrastate mutual aid system established.

(a) The Alaska intrastate mutual aid system is established to provide for mutual assistance among participating political subdivisions of the state in preparing for and responding to a disaster. Except as provided in (b) of this section, all political subdivisions of the state shall participate in the system.
(b) A political subdivision may withdraw from participation in the Alaska intrastate mutual aid system established in (a) of this section. To withdraw, the governing board of a political subdivision shall adopt a resolution declaring that the political subdivision elects not to participate in the system and provide a copy of the resolution to the Alaska division of homeland security and emergency management. A political subdivision that withdraws may later elect to participate by adopting a resolution declaring the election of the political subdivision to participate and by delivering a copy of the resolution to the Alaska division of homeland security and emergency management.
(c) The provisions in AS 26.23.500 - 26.23.549 may not be construed to affect other mutual aid systems or agreements authorized elsewhere by law, do not prohibit a participating political subdivision from entering into other agreements with another political subdivision, including agreements entered into under AS 26.23.070 - 26.23.077, 26.23.180, AS 46.04.200, or 46.04.210, and do not affect any other agreement to which a political subdivision may be a party now or in the future.
(d) The provisions of AS 26.23.500 - 26.23.549 may not be interpreted to preclude the eligibility of a political subdivision for state or federal disaster funding or disaster readiness funding.
2023 Alaska Statutes › Title 26. Military Affairs, Veterans, Disasters, and Aerospace › Chapter 23. Disasters › Article 4. Alaska Intrastate Mutual Aid System. › Sec. 26.23.510. Requests for assistance from another political subdivision.

(a) Except as otherwise provided in this section, a political subdivision of the state that is a participating political subdivision under AS 26.23.500(a) may request and receive assistance from another participating political subdivision for
(1) response, mitigation, or recovery activities related to a local disaster emergency declared under AS 26.23.140;
(2) response to a disaster emergency declared by the governor under AS 26.23.020;
(3) disaster prevention training exercises conducted under AS 26.23.150; or
(4) other drills or exercises conducted in preparation for a disaster.
(b) The principal executive officer or an authorized designee of the principal executive officer of a participating political subdivision that is requesting assistance shall request assistance directly from the principal executive officer or authorized designee of the principal executive officer of another participating political subdivision. Requests may be made orally or in writing and shall be reported directly to the Alaska division of homeland security and emergency management as soon as is practicable. A request for assistance that is made orally must be confirmed in writing within 30 days after the date of the initial oral request.
(c) A responding political subdivision shall have sole discretion to withhold or withdraw requested assistance to provide reasonable protection and services within its own territorial limits.
(d) Consistent with guidelines and procedures developed by the Alaska division of homeland security and emergency management under AS 26.23.040(e), a responding political subdivision shall document all assistance that is being provided to a requesting political subdivision at the time the assistance is provided and deliver copies of the documentation to the political subdivision that requested assistance within 30 days after the assistance is provided.
(e) The political subdivision requesting assistance shall have sole operational control over assistance provided under AS 26.23.500 - 26.23.549. This subsection does not prohibit a responding political subdivision from withdrawing assistance.