Skip to content
The COVID Project
  1. Library
  2. Standing duties: Alaska
  3. DUT-AK-002

Ex. DUT-AK-002 Standing duty Primary source read

AS 26.23.020 and AS 26.23.025

The governor and disaster emergencies; the legislature and disaster emergencies

Alaska State Legislature (Alaska Disaster Act; administered by the Department of Military and Veterans' Affairs, AS 26.23.220) · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Alaska Statutes, Title 26, ch. 23 (Alaska Disaster Act), AS 26.23.010-26.23.220
Issued
2026-09-28 Sept. 28, 2026
Effective
standing (read as 2026-09-28)
End
standing
In force
Standing since Sept. 28, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureStanding duty
Addressees
  • persons generally; owners or persons in control of premises; all businesses within the disaster area
Character
statutory authority
Collection
Standing duties: Alaska DUT-AK

Operative words

(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, proclamations, and regulations have the force of law.... (g)... the governor may... (7) control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it

Penalty

The Disaster Act carries no general penalty section (AS 26.23.200, 'Limitations', read and holds none); the mandates pleaded prosecution for reckless endangerment under AS 11.41.250 (DUT-AK-003) with the class A misdemeanor sentences of AS 12.55.035 and 12.55.135 (DUT-AK-004), and an order to cease operations and a civil fine of up to $1,000 per violation (Ex. AK-021 sec. V; Ex. AK-085; Ex. AK-019)

What it required

Every order issued under the March 11, 2020 Declaration of Public Health Disaster Emergency (Ex. AK-001) and its renewals had 'the force of law', and the Governor held express power over the movement of persons and 'the occupancy of premises' in the disaster area, which was the whole State; the mandates closing premises, capping occupancy and confining persons to their residences were exercises of that statutory power, binding on every person and every occupant of premises. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

AS 26.23.020(c) limits a proclamation to 30 days 'unless extended by the legislature by a concurrent resolution'; SB 241 (Ex. AK-002) and HB 76 (Ex. AK-028) were the legislative extensions, and AS 26.23.025(c) reserves the Legislature's power to terminate. AS 26.23.020(g)(4) permits the Governor to 'commandeer or utilize any private property'; (g)(8) to 'suspend or limit the sale, dispensing, or transportation of alcoholic beverages'; (g)(10) to 'allocate or redistribute food, water, fuel, clothing, medicine, or supplies'.