Legislature(2003 - 2004)
05/01/2003 03:15 PM House MLV
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 185-RENAMING DEPT. MILITARY/VETERANS AFFAIRS CHAIR LYNN announced that the final order of business would be HOUSE BILL NO. 185, "An Act changing the name of the Department of Military and Veterans' Affairs to the Department of Military and Veterans' Affairs and Homeland Security; and providing for an effective date." [HB 185 was sponsored by the House Special Committee on Military and Veterans' Affairs.] Number 1172 REPRESENTATIVE GRUENBERG moved to adopt the proposed committee substitute (CS), Version 23-LS0711\S, Chenoweth, 4/28/03, for discussion purposes. He opined that an objection was required in order to put Version S before the committee. CHAIR LYNN said he would entertain an objection. REPRESENTATIVE CISSNA objected. REPRESENTATIVE GRUENBERG stated, "Then we have it before us." Number 1212 JOHN CRAMER, Director, Administrative Services Division, Department of Military & Veterans' Affairs (DMVA), told members: On behalf of the commissioner of our department, General Craig Campbell, we want to thank you and the committee members for your work on behalf of Alaskans and for bringing forward this committee substitute. Basically, this legislation complements the governor's Administrative Order 203, establishing the office of homeland security [within DMVA] and setting up some of those provisions. It modernizes Alaska Statute 26 and brings some of those in line with the needs that we have for this office and for homeland security in the state of Alaska. ... I think the bill and the sponsor statement pretty well [identify] the benefits and the need for this bill to go through. Number 1256 REPRESENTATIVE GRUENBERG announced that he'd been taking the lead on this and indicated he and his staff, at the request of the committee, had tried to send the bill to various groups for review. He said a number of groups will want to comment on this but haven't had the chance to do so yet. He requested that Mr. Cramer do a section-by-section explanation and that the bill be held a few days in order to provide for the broadest possible dissemination. Noting that some provisions will be controversial, he said he wanted the committee to have the benefit of knowing both sides of the arguments and to try to resolve the problems before moving the bill along. CHAIR LYNN announced his intention of taking testimony that day and then deciding whether to hold the bill or move it forward. He indicated letters had just been received from attorney Wayne Ross and the [Alaska Civil Liberties Union (AkCLU)]. Number 1369 MR. CRAMER explained that the bill has three main parts. Revisions to AS 26.20 update the chapter and make the statute applicable to homeland security as well as civil defense, add provisions necessary to meet current and future threats, and repeal obsolete and unnecessary provisions. The chapter heading is changed from "civil defense" to "homeland security and civil defense". Throughout AS 26.20, homeland security responsibilities and authority are added to the existing civil defense responsibilities and authority of the governor and DMVA. The bill directs that all state homeland security and civil defense functions be coordinated by, through, and at the direction of DMVA, with the cooperation and assistance of all state agencies. It establishes and enumerates the statutory powers of the Division of Homeland Security established this year in DMVA by Administration Order 203. Furthermore, this section's statutory structure parallels that of AS 26.23.040, which establishes the Division of Emergency Services. MR. CRAMER said the bill authorizes the governor to declare a state of emergency not only in the event of an actual enemy attack against the state, as presently provided, but also in the event of a threat of attack as determined by the commissioner of DMVA to be credible. It amends the definitions section, AS 26.20.200, to add new definitions of "attack", "homeland security", and "private agency". Number 1456 MR. CRAMER reported that several bill sections eliminate obsolete or unnecessary provisions of AS 26.20. Foremost is the elimination throughout the references to "civil defense districts", entities that DMVA is authorized to designate under AS 26.20.020(b)(11), and which would have statutory powers specified in AS 26.20.060. Noting that civil defense districts have not been designated, he remarked, "In this era, it is preferable to use and improve the existing emergency planning and response capabilities of municipalities, rather than create new organizations." MR. CRAMER said other housekeeping provisions in the bill repeal specific inclusion of DMVA's authority to take specified measures such as blackouts or air-raid drills without reducing DMVA's overall authority to take measures necessary for homeland security and civil defense purposes. The bill repeals a list of specified purposes for reciprocal aid agreements, leaving the specific purposes of such agreements to the governor's discretion. MR. CRAMER said the bill also repeals various other obsolete or unnecessary statutes, including AS 26.25.050, AS 26.20.060, and AS 26.20.070, which all pertain to civil defense districts and their local organizations; AS 26.20.080, authorizing mobile support units; AS 26.20.090, authorizing DMVA to make surveys and investigations and giving it the power to subpoena the attendance of witnesses and production of documents; AS 26.20.120, providing that orders and regulations adopted by the governor, DMVA, or a district have the effect of law; AS 26.20.130, providing that federal, state, and local law enforcement authorities shall enforce orders and regulations under AS 26.20; AS 26.20.170, prohibiting political activity by the civil defense organization; and AS 26.20.180, penalizing a violation of a regulation pertaining to blackouts, alerts, evacuation procedures, or any other order or regulation under AS 26.20. Number 1557 MR. CRAMER addressed revisions in the bill to AS 26.20.140, which relates to immunity of the government and employees arising out of civil defense activities. Presently, AS 26.20.140(a) provides that the state, a civil defense district, and the agents or representatives of the state or district may not be held liable for injury or property damage sustained by a volunteer civilian defense worker; the bill broadens that immunity to cover injury or property damage sustained by any homeland security or civilian defense worker, including employees as well as volunteers, and it substitutes "political subdivision" for "district". MR. CRAMER noted that AS 26.20.140(b) currently provides that the state and any district established [for] civil defense purposes, their employees, agents, or representatives, authorized volunteer or auxiliary civil defense workers, and members of any other agency engaged in civilian defense activities who are complying with - or reasonably attempting to comply with - AS 26.20 or an order or regulation issued under AS 26.20 are not liable for injury to persons or damage to property as a result of their activities. The bill amends subsection (b) to provide immunity for homeland security activities as well, and to include any homeland security or civilian defense activities undertaken under authority of AS 26.20. Subsection (b) also currently provides an exception to the grant of immunity in cases of wilful misconduct, gross negligence, or bad faith. The bill amends subsection (b) to provide an exception only when malice or reckless indifference to the interests, rights, or safety of others is shown by clear and convincing evidence. Number 1640 REPRESENTATIVE GRUENBERG remarked that he'd been concerned about subsection (b), page 11, lines 9-21. He offered his belief that this parallels language in another immunity bill the committee heard a couple of weeks before. MR. CRAMER said he believed that was correct. REPRESENTATIVE GRUENBERG informed members that at some point he would move to strike page 11, lines 9-21 [the entirety of subsection (b)]. Number 1699 REPRESENTATIVE CISSNA expressed concern about discussing the bill when so few committee members were present. CHAIR LYNN concurred, noting that only three members were present at this time. He confirmed that Sam Johnson and Thomas Burgess of DMVA were waiting to testify via teleconference. REPRESENTATIVE GRUENBERG asked to hear their testimony, even if it required repetition later. He said this is a very important bill and pointed out that Representative Cissna may have another committee meeting to attend [the next time this is heard]. Number 1875 CHAIR LYNN announced that his preference was to hear testimony only once and to schedule a meeting at some other time of day. [HB 185 was held over.]
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