Section 1 states the bill's purpose of furthering the consolidation of DMVA's Division of Emergency Services and its Division of Homeland Security into a single division, the Division of Homeland Security and Emergency Management.

Sections 2 and 23 establish a new Homeland Security and Emergency Management Subcommittee as a subcommittee of the Joint Armed Services Committee of the legislature. The subcommittee may review state activities, plans, and materials relating to homeland security, emergencies, and disasters. It shall prepare a report to each legislature and may provide additional reports and recommendations on these matters. The subcommittee may request information from the Division of Homeland Security and Emergency Management, the Governor, and other agencies or persons. Subcommittee members must have or obtain federal security clearance at the secret level to enable their receipt of classified information. The bill includes procedures for keeping information confidential. Section 21 is a sunset provision terminating the subcommittee on January 1, 2009.

Sections 3, 5, 8, 10, 11, 12, 13, and 24 update existing statutes to make them applicable to homeland security as well as to civil defense activities. The present civil defense chapter, AS 26.20, was enacted in 1951 during the cold war. Including "homeland security" updates this chapter to reflect current homeland security concerns. The overall scope of AS 26.20 is not significantly expanded, since "civil defense" presently is defined to include "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."

Section 4 declares the purpose of AS 26.20 and the policy of the state that all homeland security and civil defense functions in the state be coordinated by DMVA, with the cooperation and assistance of all state agencies.

Section 5 contains similar coordination and cooperation provisions and specific statutory authority for the preparation and implementation of homeland security plans. It authorizes DVMA to advise the Governor and the legislature on homeland security and civil defense and to coordinate state agencies in providing recommendations to the Governor for response as threats of attack change. Section 5 also repeals existing statutory authority authorizing DMVA to "assume direct operational control," to "give directions to state and local law enforcement officers and agencies," and to "take any measures that it considers proper" in response to a request from the president. Finally, in the event the Governor delegates additional authority to DMVA in a disaster or homeland security emergency, section 5 authorizes DMVA to exercise such additional authority as may be delegated by the Governor.

Section 6 establishes in statute the homeland security duties of the Division of Homeland Security and Emergency Management.

Section 8 authorizes the Governor to declare an emergency and exercise existing powers under AS 26.20 in the event of a "credible threat of imminent attack," without having to wait for an actual attack,as is presently required. Section 8 also adds to the Governor's homeland security emergency powers certain powers presently available in a declared disaster.

Section 9 defines "credible threat of imminent attack," which triggers the Governor's emergency powers. It requires certification by the commissioner of DMVA, in consultation with the commissioner of the Department of Public Safety, that a threat has a high probability of occurring in the near future, based on specific reliable information. Section 9 also authorizes provides that a declared homeland security emergency may not remain in effect more than 30 days unless extended by the legislature, and authorizes the legislature to terminate a declared homeland security emergency at any time by law.

Section 10 amends the existing traffic control statute to authorize DMVA, in coordination with DPS and DOT&PF, to establish checkpoints along roadways serving critical property or facilities in the state (such as oil pipelines), at the direction of the Governor. This provision strikes a balance between civil liberties and important homeland security concerns. It limits checkpoints to inspection of persons and vehicles for explosives or other instruments capable of causing widespread severe injury, and it applies only to those passing the checkpoints and not to those choosing to turn around. The checkpoints can be established only when the Governor determines that a sufficiently high threat of attack exists to warrant such action (for example, when the federal homeland security threat level is raised to high or extreme). The Governor need not wait until there is a high probability of an attack in the state, as would be required for a declaration of a homeland security emergency or a disaster.

Section 14 makes it clear, to avoid confusion to regulated industries or the public, that state homeland security requirements do not apply to facilities, aircraft, vessels, and other means and modes of transportation that are subject to federal homeland security requirements, including specified aviation security requirements and maritime and land security requirements.

Section 15 adds new definitions to the homeland security and civil defense chapter, including definitions of "attack" (meaning "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") and "homeland security" (meaning "the detection, prevention, preemption, and deterrence of, protection from, and response to, attacks targeted at territory, population, or infrastructure in this state").

Section 16 authorizes the Governor to allocate or redistribute medicine and other supplies in the event of a disaster, which adds to the Governor's existing authority to allocate or redistribute food, water, fuel and clothing in the event of a disaster.

Section 17 adds a cross-reference to the Alaska disaster statutes, cross-referencing the civil defense and homeland security functions of the Division of Homeland Security and Emergency Management.

Section 18 states the relationship of AS 26.20 (homeland security and civil defense) and AS 26.23 (disasters). The Governor may find it necessary to declare a disaster emergency under AS 26.23 in the event of an attack or an imminent threat of an attack. If so, this section makes it clear statutes in AS 26.23 shall govern if a conflict arises between statutes in AS 26.20 and statutes in AS 26.23.

Section 19 authorizes the Governor to declare a disaster and to exercise the Governor's disaster management powers in the event of an attack or imminent threat of attack or in the event of an outbreak of disease or an imminent threat of an outbreak of disease, requiring certification of the threat from the appropriate commissioners.

Sections 3, 5, 7, 11, 13, and 20 repeal several existing statutory provisions that are obsolete and that could be viewed as giving the government unnecessary and potentially overreaching powers. These include provisions (1) authorizing the establishment of local civil defense districts, with authority to issue orders and adopt regulations (districts have not been established and would create an unnecessary bureaucracy); (2) providing that civil defense orders and regulations adopted by the Governor, DMVA, local districts, and other authorized agencies have the "effect of law"; (3) automatically suspending conflicting laws, ordinances or regulations; (4) directing the federal government and local law enforcement to enforce civil defense orders and regulations; (5) requiring a loyalty oath from civil defense personnel; and (6) prohibiting civil defense organizations from participating in any form of political activity.