Title 26, Military Affairs, Veterans, Disasters, and Aerospace

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 threa…

(a) The governor is responsible for meeting the dangers presented by disasters to the state and its people. (b) The governor may issue orders, proclamations, and regulations necessary to carry out the purposes of this chapter, and amend or rescind them. These orders, proclamation…

(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 e…

[Repealed or reserved.]

(a) The Alaska division of homeland security and emergency management shall prepare and maintain a state emergency plan and keep it current. The plan may include provisions for (1) prevention and minimization of injury and damage caused by disasters; (2) prompt and effective resp…

(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 a…

(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 app…

(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…

(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 f…

(a) The Alaska State Emergency Response Commission is established in the Department of Military and Veterans' Affairs. (b) The commission consists of the commissioners of commerce, community, and economic development, environmental conservation, fish and game, health, labor and w…

(a) The commission shall set the boundaries of local emergency planning districts. The commission shall set the boundaries of a district so that they are coextensive with the boundaries of a single political subdivision except when it would be more appropriate, based on findings …

(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 …

(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…

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…

(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 individu…

(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 St…

(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 wat…

[Repealed or reserved.]

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.

The terms and provisions of the compact referred to in AS 26.23.135 are as follows: EMERGENCY MANAGEMENT ASSISTANCE COMPACT This compact is made and entered into by and between the participating member states that enact this compact, which are called party states. For the purpose…

(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 …

(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 dir…

(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 di…

(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) 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 mutu…

(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 w…

[Repealed or reserved.]

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 existi…

(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) …

(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 s…

[Repealed or reserved.]

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. Sec. 26.23.230. [Renumbered as AS 26.23.900.]

Article 2. Disaster Relief Fund. AS 26.23.010 — 26.23.240 and 26.23.900 may be cited collectively as the Alaska Disaster Act.

(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 imple…

Article 3. Alaska Intrastate Mutual Aid System.

(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 sh…

(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…

An emergency responder holding a license, certificate, or other permit issued by a state agency or a political subdivision of the state evidencing the responder's qualification in a professional, mechanical, or other skill shall be considered to be licensed, certified, or permitt…

An emergency responder from a political subdivision that responds to a political subdivision requesting assistance is not an employee of the political subdivision requesting assistance and is not entitled to any right, privilege, or benefit of employment from the requesting polit…

An emergency responder that is responding to and rendering assistance in a political subdivision that has requested assistance under AS 26.23.510 who sustains an injury or dies in the course of providing assistance to the requesting political subdivision under AS 26.23.500 — 26.2…

(a) A political subdivision that has received assistance from another political subdivision under AS 26.23.510 shall reimburse the political subdivision that provided assistance for the true and full value of the assistance provided. Requests for reimbursement shall be made in ac…

For purposes of liability, all persons responding under the operational control of the requesting political subdivision shall be considered to be agents of the requesting political subdivision. An action for damages for an act or omission may not be brought against a responding p…

Article 4 General Provisions. In AS 26.23.500 — 26.23.549, (1) “assistance” means emergency responders and resources provided by a responding political subdivision in response to a request from a requesting political subdivision; (2) “emergency responder” means an employee of a r…

In this chapter, (1) “commission” means the Alaska State Emergency Response Commission; (2) “disaster” means the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from (A) an incident such…