Title 26 — Military Affairs, Veterans, Disasters, and Aerospace
9 chapters · 320 sections in this title.
AS 26.23.136 Compact terms.
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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…
AS 26.23.140 Local disaster emergencies.
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(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 …
AS 26.23.150 Disaster prevention.
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(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…
AS 26.23.160 Compensation.
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(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…
AS 26.23.170 Communications.
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(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…
AS 26.23.180 Mutual aid.
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(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…
AS 26.23.190 Emergency powers.
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(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…
AS 26.23.195 Discharge response actions. [Repealed, § 28 ch 32 SLA 1994.]
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[Repealed or reserved.]
AS 26.23.200 Limitations.
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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…
AS 26.23.205 Confiscation of firearms.
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(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) …
AS 26.23.210 Relationship to homeland security and civil defense laws.
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(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…
AS 26.23.215 Relationship to other planning statutes. [Repealed, § 28 ch 32 SLA 1994.]
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[Repealed or reserved.]
AS 26.23.220 Administration.
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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.]
AS 26.23.240 Short title.
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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.
AS 26.23.300 Disaster relief fund.
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(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…
AS 26.23.400 Fuel emergency fund.
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Article 3. Alaska Intrastate Mutual Aid System.
AS 26.23.500 Alaska intrastate mutual aid system established.
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(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…
AS 26.23.510 Requests for assistance from another political subdivision.
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(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…
AS 26.23.515 Qualifications of emergency responders.
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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…
AS 26.23.520 Emergency responder not an employee of a requesting political subdivision.
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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…
AS 26.23.525 Workers' compensation and benefits following injury to or death of emergency responder.
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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…
AS 26.23.530 Reimbursement for assistance provided and disputes relating to reimbursement.
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(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…
AS 26.23.540 Tort liability of participating political subdivisions and emergency responders.
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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…
AS 26.23.549 Definitions.
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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…
AS 26.23.900 Definitions.
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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…
AS 26.25.010 Entry into compact.
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The National Guard Mutual Assistance Compact is enacted into law and entered into on behalf of the State of Alaska with all other states and jurisdictions legally joining in it in a form substantially as contained in AS 26.25.020.
AS 26.25.020 Terms and provisions of compact.
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The terms and provisions of the compact referred to in AS 26.25.010 are as follows: The purposes of this Compact are to: (1) provide for mutual aid among the party states in the utilization of the National Guard to cope with emergencies; (2) permit and encourage a high degree of …
AS 26.25.030 Rights and benefits.
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In accordance with Article III(h) of the National Guard Mutual Assistance Compact, members of the National Guard forces of this state shall be considered to be in state service at all times when engaged under this Compact, and shall be entitled to all rights and benefits provided…
AS 26.27.010 Creation and termination of corporation.
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(a) The Alaska Aerospace Corporation is created as a public corporation of the state. The corporation is a body corporate and politic located for administrative purposes within the Department of Military and Veterans' Affairs and affiliated with the University of Alaska but with …
AS 26.27.020 Board of directors.
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(a) The powers and responsibilities of the corporation are vested in the board of directors. The board of directors of the corporation consists of nine members appointed by the governor as follows: (1) three state residents who have a significant high level of experience in the p…
AS 26.27.030 Chair and vice-chair.
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The board of directors of the corporation shall select a chair and vice-chair from among the members of the board of directors of the corporation who are state residents. The vice-chair presides over all meetings in the absence of the chair and has other duties the board of direc…
AS 26.27.040 Meetings; staff.
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(a) A majority of the members of the corporation constitutes a quorum for the transaction of business or the exercise of a power or function at a meeting of the corporation. The corporation shall meet at least every three months. The corporation may meet and transact business by …
AS 26.27.050 Alaska Aerospace Corporation fund.
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(a) The Alaska Aerospace Corporation fund is established in the corporation. The fund consists of appropriations made to the fund by the legislature, and rents, fees, or other money or assets transferred to the fund by the corporation. Amounts deposited in the fund may be pledged…
AS 26.27.060 Insurance coverage; safety program.
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(a) The corporation may engage actuarial experts and shall develop probability models to indicate the degree of potential harm to the public and private enterprise from the corporation's activities. (b) The corporation shall, to the extent available and consistent with federal re…
AS 26.27.070 Space activities location.
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To the extent that the University of Alaska agrees to lease the Poker Flat Research Range to the corporation, the Poker Flat Research Range constitutes the location and launch site for the corporation. The corporation may not pledge or encumber the Poker Flat Research Range, nor …
AS 26.27.080 Licenses and permits.
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The corporation shall obtain all federal and state licenses and permits necessary to fulfill the purposes, to perform the duties, and exercise the powers of the corporation.
AS 26.27.090 Purpose of the corporation.
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The purpose of the corporation is to allow the state to take a lead role in the exploration and development of space, to enhance human and economic development, and to provide a unified direction (1) for space-related economic growth thereby ensuring a stable and dynamic research…
AS 26.27.100 Powers and duties of the corporation.
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(a) In furtherance of its corporate purposes, in addition to its other powers the corporation may (1) sue and be sued; (2) adopt a seal; (3) have perpetual succession; (4) adopt, amend, and repeal bylaws and regulations; (5) make and execute contracts and other instruments; (6) i…
AS 26.27.110 Regulations.
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(a) The corporation shall adopt regulations to carry out the purposes of this chapter. (b) Except for AS 44.62.310 — 44.62.319 (Open Meetings Act), the provisions of AS 44.62 (Administrative Procedure Act) regarding the adoption of regulations do not apply to the corporation. The…
AS 26.27.120 Exercise by corporation of powers within municipalities.
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The corporation may exercise any of its powers in all portions of a space-related facility or territory lying within the boundaries of a municipality to the same extent and in the same manner as in areas of the space-related facility or territory not within the boundaries of a mu…
AS 26.27.130 Trade secrets confidential.
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The corporation shall maintain the confidentiality of a trade secret, or other proprietary technical information, supplied for purposes related to this chapter unless the owner of the trade secret authorizes its release or a court orders its release. Information covered by this s…
AS 26.27.140 Approval of projects by legislature.
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Notwithstanding any other provision of this chapter, a proposed construction project of $1,000,000 or more shall be submitted by the corporation to the legislature for approval at a regular session of the legislature.
AS 26.27.150 Issuance of bonds, notes, and refunding bonds.
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(a) Except as provided in (b) of this section, the corporation may issue bonds in its discretion for any of its corporate purposes and may issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. (b) The corporation may not, without prior legisla…
AS 26.27.160 Security for bonds.
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The corporation may issue bonds including but not limited to bonds on which the principal and interest are payable (1) exclusively from the income and revenue of the space-related project financed with the proceeds of the bonds, (2) exclusively from the income and revenue of desi…
AS 26.27.170 Limitation of liability on bonds.
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The members of the corporation and a person executing the bonds are not liable personally on the bonds by reason of their issuance. The bonds of the corporation are not a debt of the state or a political or municipal corporation or other subdivision of the state, including the Un…
AS 26.27.180 Issuance and sale of bonds and notes.
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Bonds and notes of the corporation are authorized by adoption of a resolution prescribing the date of issuance and maturity, interest rate, denomination, form, conversion privilege, rank or priority, execution, terms of redemption, medium, and place of payment. Bonds and notes ma…
AS 26.27.190 Bonds exempt from taxes.
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Bonds and other obligations of the corporation are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest on them and income from them, are exempt from taxes.
AS 26.27.200 Independent financial advisor.
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In negotiating the private sale of bonds or bond anticipation notes to an underwriter, the corporation shall retain a financial advisor who is independent from the underwriter. The financial advisor may not bid on the bonds or notes if offered at public sale or negotiate for thei…
AS 26.27.210 Additional powers to secure bonds or obligations under leases.
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In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of bonds or lease obligations, the corporation, in addition to its other powers, may (1) pledge all or a part of its gross or net rents, fees, or revenues to w…
AS 26.27.220 Right of obligee of corporation to bring injunction.
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An obligee of the corporation may, in addition to all other rights that may be conferred and subject only to contractual restriction binding upon the obligee, seek an injunction or an action in nature of an action for mandamus against the members, the corporation, its officers, a…