Legislature(2003 - 2004)

05/06/2004 04:16 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 385-SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                                              
                                                                                                                                
CHAIR ROKEBERG announced  that the first order  of business would                                                               
be  CS FOR  SENATE  BILL NO.  385(JUD) am,  "An  Act relating  to                                                               
homeland  security,  to  civil defense,  to  emergencies  and  to                                                               
disasters,  including   disasters  in   the  event   of  attacks,                                                               
outbreaks  of  disease,  or  threats of  attack  or  outbreak  of                                                               
disease; establishing  the Alaska  division of  homeland security                                                               
and  emergency  management  in the  Department  of  Military  and                                                               
Veterans' Affairs and relating to  the functions of that division                                                               
and that department; and providing for an effective date."                                                                      
                                                                                                                                
Number 018                                                                                                                      
                                                                                                                                
WES  KELLER,   Staff  to  Senator  Fred   Dyson,  Senate  Health,                                                               
Education and  Social Services  Standing Committee,  Alaska State                                                               
Legislature,  explained that  SB 385  updates the  existing civil                                                               
defense  laws   to  address  homeland   security  issues.     The                                                               
legislation combines  the Division  of Homeland Security  and the                                                               
Division  of  Emergency Services  into  one  division called  the                                                               
Division   of  Homeland   Security   and  Emergency   Management.                                                               
Furthermore,   the   legislation    establishes   a   legislative                                                               
subcommittee of that new division.                                                                                              
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   asked  if   the  [division   and  the                                                               
subcommittee]  are  modeled  after   similar  entities  in  other                                                               
states.                                                                                                                         
                                                                                                                                
Number 038                                                                                                                      
                                                                                                                                
DAVID    LIEBERSBACH,    Director,     Division    of    Homeland                                                               
Security/Emergency Services,  Department of Military  & Veterans'                                                               
Affairs (DMVA),  specified that when putting  this together other                                                               
places around  the nation weren't  reviewed.  The  original civil                                                               
defense  statute that  was  enacted in  1951  was fairly  uniform                                                               
across  the  nation.    Therefore, that  statute  was  used  [and                                                               
changed] to  address today's threats,  which are a  bit different                                                               
than those of 1951.                                                                                                             
                                                                                                                                
REPRESENTATIVE BERKOWITZ  expressed the  need to ensure  that the                                                               
state  division is  able to  communicate  appropriately with  the                                                               
federal department.   He asked  if there has been  any discussion                                                               
with the  federal Department of Homeland  Security regarding this                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. LIEBERSBACH replied  yes.  He explained that  the division is                                                               
modeled  after the  federal Department  of  Homeland Security  as                                                               
closely as possible, while recognizing  that many of the missions                                                               
of the  federal department aren't  state missions.   He specified                                                               
that Alaska's division mainly works  on planning and preparedness                                                               
as  well as  recovery, which  is  the equivalent  of the  Federal                                                               
Emergency  Management  Agency (FEMA)  that  was  rolled into  the                                                               
Department  of  Homeland  Security.     The  process  of  putting                                                               
together  this legislation  began a  little over  a year  ago, he                                                               
noted.                                                                                                                          
                                                                                                                                
CHAIR ROKEBERG, upon determining  there were no further questions                                                               
and no one else wished to testify, closed public testimony.                                                                     
                                                                                                                                
Number 105                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOTT  moved that the committee  adopt Amendment 1,                                                               
labeled 23-LS1907\SA.11, Crawford, 5/6/04, which read:                                                                          
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "sec. 20"                                                                                                      
          Insert "sec. 22"                                                                                                      
                                                                                                                                
     Page 21, following line 3:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec. 18.  AS 26.23.170 is amended to read:                                                                       
          Sec. 26.23.170.  Communications.  The Department                                                                
     of Military  and Veterans' Affairs [ALASKA  DIVISION OF                                                                
     EMERGENCY  SERVICES] shall  ascertain what  means exist                                                                    
     for  rapid and  efficient  communications  in times  of                                                                    
     disaster  emergency.   The department  [DIVISION] shall                                                                
     consider  the   desirability  of   supplementing  these                                                                    
     communications resources,  or of integrating  them into                                                                    
     a     comprehensive      state     or     state-federal                                                                    
     telecommunications   network  or   other  communication                                                                    
     system  or  network.   In  studying  the character  and                                                                    
     feasibility  of any  system or  its several  parts, the                                                                    
     department  [DIVISION] shall  evaluate the  possibility                                                                
     of multi-purpose  use of  it or  its parts  for general                                                                    
     state and local governmental  purposes.  The department                                                                
     [DIVISION] shall  make recommendations to  the governor                                                                    
     as appropriate.                                                                                                            
        * Sec.  19.  Sec.  26.23.170 is amended by  adding a                                                                  
     new subsection to read:                                                                                                    
          (b)  A statewide 911 coordinator is established                                                                       
     within  the   Department  of  Military   and  Veterans'                                                                    
     Affairs    to    coordinate    and    facilitate    the                                                                    
      implementation of 911 systems throughout the state.                                                                       
     The 911 coordinator shall                                                                                                  
               (1)  participate in efforts to set uniform                                                                       
    statewide     standards     for    automatic     number                                                                     
      identification and automatic location identification                                                                      
     data transmission for telecommunications systems;                                                                          
               (2)  made recommendations as necessary for                                                                       
     implementation of basic and enhanced 911 service."                                                                         
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 23, line 5:                                                                                                           
          Delete "this Act"                                                                                                     
          Insert "this section"                                                                                                 
                                                                                                                                
     Page 23, following line 22:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 27.  Section 19 of this Act takes effect                                                                    
     March 1, 2005."                                                                                                            
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 23, line 23:                                                                                                          
          Delete "This Act"                                                                                                     
          Insert "Except as provided in sec. 27 of this                                                                         
     Act, this Act"                                                                                                             
                                                                                                                                
SUE STANCLIFF,  House Majority Office, Alaska  State Legislature,                                                               
explained   that  Amendment   1  establishes   a  statewide   911                                                               
coordinator  in DMVA.    Amendment 1  changes  [AS 26.23.170]  to                                                               
refer  to  DMVA rather  than  the  Alaska Division  of  Emergency                                                               
Services and  the references  in that  section to  "division" are                                                               
changed to  reference "the department".   Currently, the Division                                                               
of  Emergency  Services  falls  under DMVA.    The  remainder  of                                                               
[Amendment 1] is conforming language.   Ms. Stancliff highlighted                                                               
that the effective date for the coordinator is March 1, 2005.                                                                   
                                                                                                                                
REPRESENTATIVE BERKOWITZ pointed out  that in Section 19(b)(2) of                                                               
Amendment 1 the word "made" should be "make".                                                                                   
                                                                                                                                
CHAIR  ROKEBERG   identified  the  aforementioned  change   as  a                                                               
conforming  amendment   to  Amendment  1  [and   was  treated  as                                                               
incorporated in Amendment 1].                                                                                                   
                                                                                                                                
REPRESENTATIVE BERKOWITZ asked if  this statewide 911 coordinator                                                               
who  would coordinate  and facilitate  the implementation  of the                                                               
911  systems  throughout  the  state   is  duplicative  of  other                                                               
efforts.   He  also  asked if  this is  something  that could  be                                                               
contracted out for a certain period of time.                                                                                    
                                                                                                                                
MS. STANCLIFF said  that she didn't believe this  new position is                                                               
duplicative.  She  explained that there are  state strategies for                                                               
accelerating enhanced  911 as well  as strategies to  achieve the                                                               
enhanced  911 service  delivery.   She emphasized  that this  new                                                               
position is a statewide position.                                                                                               
                                                                                                                                
REPRESENTATIVE  BERKOWITZ asked  if  there is  an individual  who                                                               
coordinates communication  throughout the  state in the  event of                                                               
an emergency.   If there is no such position,  then it would seem                                                               
that those  duties would  be included in  the description  of the                                                               
duties of  this new  position.   He then  inquired as  to whether                                                               
there would be a fiscal note for this new position.                                                                             
                                                                                                                                
MS.  STANCLIFF  answered that  she  didn't  believe there  is  an                                                               
individual  who coordinates  communication statewide  because the                                                               
state  hasn't reached  the level  of being  able to  facilitate a                                                               
statewide [coordinator].   With regard to the  fiscal impact, the                                                               
money  the department  has along  with anticipated  federal funds                                                               
for homeland security would "take care of this position."                                                                       
                                                                                                                                
Number 164                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   said,  then,   he  would   propose  a                                                               
conceptual  amendment  that  the  responsibilities  of  this  new                                                               
position  would include  helping  coordinate  communication.   He                                                               
recalled  that one  of  the problems  in New  York  was that  the                                                               
[emergency  responders]  could  not communicate  [across  groups]                                                               
because   of  differing   radio  frequencies   and  communication                                                               
obstacles within groups.                                                                                                        
                                                                                                                                
CHAIR  ROKEBERG asked  if the  discussion is  referring to  a 911                                                               
coordinator or a homeland security communications coordinator.                                                                  
                                                                                                                                
REPRESENTATIVE KOTT  clarified that [the  new position is  for] a                                                               
911 coordinator.   He  informed the  committee that  currently an                                                               
individual in  the Department of  Administration has  assumed the                                                               
aforementioned responsibility.   He  reminded the  committee that                                                               
most  of the  communications related  to emergency  services have                                                               
been transferred to  the DMVA.  Under  Adjutant General Campbell,                                                               
a communications section  has been established to  deal with what                                                               
Representative  Berkowitz is  discussing.   Once that  section is                                                               
finalized, it's the  intent to turn that section  into a division                                                               
that   will    incorporate   the   enhanced    911   coordinator.                                                               
Representative Kott emphasized the  importance of an enhanced 911                                                               
coordinator position  as a [permanent position]  because there is                                                               
about $500  million in potential  grant monies that will  be made                                                               
available  in  the  next  two  to  three  months.    One  of  the                                                               
prerequisites   for  receiving   the  money   is  having   a  911                                                               
coordinator in place.                                                                                                           
                                                                                                                                
REPRESENTATIVE BERKOWITZ withdrew his conceptual amendment.                                                                     
                                                                                                                                
REPRESENTATIVE KOTT informed the  committee that Adjutant General                                                               
Campbell believes that the framework  would be in place in March.                                                               
This has been coordinated with DMVA.                                                                                            
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  noted  his appreciation  knowing  that                                                               
there  are   additional  federal  funds  available   because  law                                                               
enforcement  has  complained  that  there  have  been  a  lot  of                                                               
unfunded mandates with regard to these type of emergencies.                                                                     
                                                                                                                                
CHAIR ROKEBERG, upon determining  there was no further discussion                                                               
or any objection  to Amendment 1, announced that  Amendment 1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
Number 207                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOTT  moved that the committee  adopt Amendment 2,                                                               
labeled 23-LS1907\SA.9, Finley/Crawford, 5/5/04, which read:                                                                    
                                                                                                                                
     Page 2, line 4, through page 7, line 24:                                                                                   
          Delete all material and insert:                                                                                       
        "*  Sec. 2.   AS 24.20  is amended  by adding  a new                                                                
     section to article 5 to read:                                                                                              
          Sec. 24.20.680.  Legislative review.  (a)  The                                                                      
     president of  the senate and  the speaker of  the house                                                                    
     of representatives shall  appoint members or committees                                                                    
     of the  senate and  the house, respectively,  to review                                                                    
     confidential      activities,      plans,      reports,                                                                    
     recommendations,  and  other  materials of  the  Alaska                                                                    
     division of homeland  security and emergency management                                                                    
     established in  AS 24.20.025, or  of other  agencies or                                                                    
     persons,  relating   to  matters   concerning  homeland                                                                    
     security and  civil defense, emergencies,  or disasters                                                                    
     in  the state  or to  the state's  preparedness for  or                                                                    
     ability  to   mount  a   prompt  response   to  matters                                                                    
     concerning   homeland  security   and  civil   defense,                                                                    
     emergencies,  or  disasters.   In  making  appointments                                                                    
     under  this subsection,  each  presiding officer  shall                                                                    
     ensure  that  the  political party  membership  of  the                                                                    
     members   appointed  by   that  presiding   officer  is                                                                    
     proportional to  the political party membership  of the                                                                    
     house  of  the  legislature   over  which  the  officer                                                                    
     presides.                                                                                                                  
          (b)  To be eligible for appointment under (a) of                                                                      
     this section,  a member shall  have a  federal security                                                                    
     clearance  at   the  secret  level   at  the   time  of                                                                    
     appointment   or  shall   have   an  interim   security                                                                    
     clearance  at   the  secret  level   at  the   time  of                                                                    
     appointment and  shall apply for and  receive a federal                                                                    
     security  clearance  at  the  secret  level.    Members                                                                    
     holding  a federal  security  clearance  at the  secret                                                                    
     level  at  the time  of  appointment  or receiving  the                                                                    
     clearance  following  appointment  shall  maintain  the                                                                    
     federal  security  clearance  at the  secret  level  to                                                                    
     remain qualified to serve in appointed status.                                                                             
          (c)  The president of the senate and the speaker                                                                      
     of  the  house  of representatives  may  condition  the                                                                    
     appointment of  members under (a) of  this section upon                                                                    
     the    execution    of   appropriate    confidentiality                                                                    
     agreements  by  the  members or  by  persons  assisting                                                                    
     those members.   Information and documents  received by                                                                    
     appointed  members   or  persons   assisting  appointed                                                                    
     members under a  confidentiality agreement as described                                                                    
     in this subsection  are not public records  and are not                                                                    
     subject  to  public  disclosure  under  AS 40.25.100  -                                                                    
     40.25.220.                                                                                                                 
          (d)  Appointed members who remain qualified under                                                                     
     (b)  of this  section  serve for  the  duration of  the                                                                    
     legislature  during which  the  members are  appointed.                                                                    
     If a member  is reelected or a member's  term of office                                                                    
     extends into  the next  succeeding legislature  and the                                                                    
     member  remains qualified  under  (a) and  (b) of  this                                                                    
     section,  the  member  shall continue  to  serve  until                                                                    
     reappointed   or  the   appointment  of   the  member's                                                                    
     successor.                                                                                                                 
          (e)  When a member appointed under (a) of this                                                                        
     section  files  a  declaration   of  candidacy  for  an                                                                    
     elective  office other  than that  of member  of either                                                                    
     house  of  the  legislature,  and the  member  has  not                                                                    
     resigned from appointed  status, the member's appointed                                                                    
     status terminates  on the date  that the  member leaves                                                                    
     legislative office."                                                                                                       
                                                                                                                                
     Page 22, line 16, through page 23, line 5:                                                                                 
          Delete all material and insert:                                                                                       
        "*  Sec. 21.   AS 24.20.680  is repealed  January 1,                                                                
     2009.                                                                                                                      
        *  Sec. 22.   The  uncodified  law of  the State  of                                                                  
     Alaska is amended by adding a new section to read:                                                                         
          PREPARATION    AND   PRESENTATION    OF   PROPOSED                                                                    
     LEGISLATION.     If   the  adjutant   general  of   the                                                                    
     Department   of   Military    and   Veterans'   Affairs                                                                    
     determines    that   additional    qualifications   for                                                                    
     appointment  under AS 24.20.680,  added  by  sec. 2  of                                                                    
     this Act,  would significantly enhance the  security of                                                                    
     sensitive  materials  or  information  to  be  reviewed                                                                    
     under AS 24.20.680, the  adjutant general shall prepare                                                                    
     a  bill proposing  amendments to  AS 24.20.680, enacted                                                                    
     by sec. 2 of this  Act, for consideration by each house                                                                    
     of the legislature,  and shall deliver the  bill to the                                                                    
     Secretary  of the  Alaska State  Senate  and the  Chief                                                                    
     Clerk of the Alaska  State House of Representatives not                                                                    
     later  than  30 days  following  the  convening of  the                                                                    
     First  Regular  Session  of  the  Twenty-Fourth  Alaska                                                                    
     State Legislature.                                                                                                         
        *  Sec. 23.   The  uncodified  law of  the State  of                                                                  
     Alaska is amended by adding a new section to read:                                                                         
          INITIAL APPOINTMENT.  The President of the Alaska                                                                     
     State Senate and the Speaker  of the Alaska State House                                                                    
     of   Representatives   shall  make   the   appointments                                                                    
     required under AS 24.20.680, enacted  by sec. 2 of this                                                                    
     Act, within  15 days after  the effective date  of this                                                                    
     Act."                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KOTT  then  moved   the  following  amendment  to                                                               
Amendment  2,  which  would  amend  the  proposed  Section  2  by                                                               
inserting  "oversight"  following   the  word  "Legislative"  and                                                           
would, in  the proposed Section  2, delete the word  "review" and                                                               
insert "oversee".                                                                                                               
                                                                                                                                
REPRESENTATIVE  KERTTULA pointed  out that  when the  legislature                                                               
oversees  confidential activities,  plans, or  reports, it's  not                                                               
with the purpose of being  responsible for those.  Therefore, she                                                               
surmised  that the  legislature would  serve in  the capacity  of                                                               
reviewing rather than controlling.                                                                                              
                                                                                                                                
REPRESENTATIVE KOTT  agreed, adding that there  is no controlling                                                               
aspect.   He pointed out  that is  a departure from  the original                                                               
legislation in  that the membership  has been narrowed  from just                                                               
the members  of the Joint  Armed Services Committee,  which could                                                               
be a  temporary committee.   Representative Kott related  that he                                                               
and Adjutant  General Campbell  believe that  the Speaker  of the                                                               
House and  the President of  the Senate should appoint  a limited                                                               
number of individuals who would  have security clearance allowing                                                               
them to be briefed on  homeland security issues of a confidential                                                               
nature.   There are  provisions for those  leaving office  or who                                                               
are terminated.                                                                                                                 
                                                                                                                                
CHAIR ROKEBERG  announced that  he didn't  like the  amendment to                                                               
Amendment  2.    He  noted   his  agreement  with  Representative                                                               
Kerttula, and questioned whether  [the legislature] would oversee                                                               
confidential activities or plans or review them.                                                                                
                                                                                                                                
Number 239                                                                                                                      
                                                                                                                                
MR. KELLER explained that the  intent of the original legislation                                                               
was  to create  a subcommittee  that acted  as a  liaison and  an                                                               
information-gathering  entity that  reports  to the  legislature.                                                               
Creating  the   subcommittee  under  the  Joint   Armed  Services                                                               
Committee,  which  he   said  he  believes  to   be  a  permanent                                                               
committee, was  intended to  save costs.   He explained  that the                                                               
travel would be  covered under the joint committee,  as would the                                                               
staff.                                                                                                                          
                                                                                                                                
CHAIR ROKEBERG  maintained concern  with regard to  the amendment                                                               
to Amendment  2 and the meaning  of oversight versus review.   He                                                               
opined  that  oversight seems  to  involve  a greater  amount  of                                                               
control and direction.                                                                                                          
                                                                                                                                
REPRESENTATIVE KOTT clarified that  he didn't bring the amendment                                                               
forward.   From his discussions  with Adjutant  General Campbell,                                                               
[the  members  of  the  subcommittee] would  be  briefed  on  the                                                               
confidential activities, plans, and reports.                                                                                    
                                                                                                                                
REPRESENTATIVE BERKOWITZ interjected his  belief "that we're just                                                               
splitting hairs here."                                                                                                          
                                                                                                                                
CHAIR ROKEBERG  announced that  he objected  to the  amendment to                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
REPRESENTATIVE McGUIRE  agreed with  Chair Rokeberg,  adding that                                                               
oversight  implies  some  measure  of  control  or  authority  no                                                               
different than a manager overseeing the  work of a clerk or other                                                               
employee.                                                                                                                       
                                                                                                                                
Number 283                                                                                                                      
                                                                                                                                
REPRESENTATIVE KOTT withdrew the amendment to Amendment 2.                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA returned to  the amendment to Amendment 2                                                               
and   suggested  that   if   the  intent   is   really  for   the                                                               
[subcommittee]  to  serve  as  a  liaison,  then  that  could  be                                                               
specified.                                                                                                                      
                                                                                                                                
MR.  LIEBERSBACH   pointed  out   that  the  references   to  "AS                                                               
24.20.025" in the proposed Section  2 of Amendment 2 should refer                                                               
to "AS 26.20.025".                                                                                                              
                                                                                                                                
CHAIR  ROKEBERG  announced that  the  aforementioned  would be  a                                                               
technical amendment to  Amendment 2.  He asked if  there were any                                                               
objections.   There being  none, the  amendment [as  suggested by                                                               
Mr. Liebersbach] to Amendment 2 was adopted.                                                                                    
                                                                                                                                
REPRESENTATIVE  KOTT  said  that  he   wanted  to  be  sure  that                                                               
Amendment 2  also includes a  classified briefing when  there are                                                               
no confidential activities to review.                                                                                           
                                                                                                                                
CHAIR ROKEBERG surmised that the  scope would fall under whatever                                                               
is  allowed under  the military  and security  provisions.   Upon                                                               
determining  there   were  no  objections  to   Amendment  2  [as                                                               
amended], Chair Rokeberg announced  that Amendment 2 [as amended]                                                               
was adopted.                                                                                                                    
                                                                                                                                
Number 318                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA moved that  the committee adopt Amendment                                                               
3, labeled 23-LS1907\SA.10, Crawford, 5/5/04, which read:                                                                       
                                                                                                                                
     Page 19, line 8:                                                                                                           
          Delete "The"                                                                                                          
          Insert "To the extent preempted by federal law                                                                        
      or, in the absence of federal law preemption, if and                                                                      
         to the extent requested by authorized federal                                                                          
     authorities, the"                                                                                                          
                                                                                                                                
REPRESENTATIVE MAX GRUENBERG,  Alaska State Legislature, speaking                                                               
as the maker  of Amendment 3, explained that  the amendment makes                                                               
it clear  that the federal law  applies in place of  state law if                                                               
the  federal  law  preempts  the  state law  or  if  the  federal                                                               
authorities  request  that  federal  law take  precedence.    The                                                               
latter language  was suggested by  the department.   Although the                                                               
preemption is implied, this amendment makes it explicit.                                                                        
                                                                                                                                
REPRESENTATIVE McGUIRE  remarked that the first  part is implied,                                                               
and  therefore the  additional language  isn't  necessary.   With                                                               
regard  to the  second part,  she said  that she  had never  seen                                                               
[such language] and was concerned with it.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  reiterated that  [the language]  was at                                                               
the request  of the  department because  it felt  that sometimes,                                                               
for reasons  of comity  or uniformity, there  might be  a request                                                               
that the  federal procedure take precedence.   The aforementioned                                                               
makes sense, he said.                                                                                                           
                                                                                                                                
Number 355                                                                                                                      
                                                                                                                                
MR.  LIEBERSBACH explained  that there  are facilities  and other                                                               
[entities]  in  the state  that  are  the responsibility  of  the                                                               
federal government.   For example,  airports and the  Coast Guard                                                               
would fall  under the responsibility  of the  federal government.                                                               
Amendment 3 specifies that the  responsibilities laid out in this                                                               
legislation  don't   apply  to  the  federal   facilities.    Mr.                                                               
Liebersbach specified that  this has nothing to do  with the U.S.                                                               
Patriot Act.   He explained  that Amendment 3 specifies  that the                                                               
requirements  of AS  26.20.195  don't apply  unless  there is  an                                                               
absence of federal law or the federal law requests it.                                                                          
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  said  that  he  shared  Representative                                                               
McGuire's  concern.   The first  phrase of  [Amendment 3]  merely                                                               
restates  the supremacy  clause of  the U.S.  Constitution, which                                                               
specifies  that  the  state  has  to  give  way  to  the  federal                                                               
government.  However,  the second section of  Amendment 3 implies                                                               
that in the  absence of federal law, if a  federal authority says                                                               
to do something that conflicts  with state authority even if it's                                                               
beyond the  scope of that  federal authority's duties,  the state                                                               
might have  to defer to  it.  Representative Berkowitz  said that                                                               
he  wasn't willing  to concede  such sovereignty  to the  federal                                                               
government.   Therefore,  he suggested  that  the language  after                                                               
"law" be deleted from Amendment 3.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  related his belief that  the department                                                               
wants  to be  able to  cooperate with  federal authorities,  when                                                               
requested.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ appreciated  that, but  emphasized that                                                               
there  are  times when  he  wanted  the  department to  tell  the                                                               
federal authorities what to do.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified that it wasn't  his intent to                                                               
prevent  [the department  from  telling  the federal  authorities                                                               
what to do].  This language allows them to cooperate.                                                                           
                                                                                                                                
CHAIR ROKEBERG  opined that  Amendment 3  would create  a statute                                                               
that would  mandate the  department to accede  to any  request by                                                               
the federal government.  Therefore,  Chair Rokeberg expressed the                                                               
need to rework the language.                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA withdrew Amendment 3.                                                                                   
                                                                                                                                
Number 413                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA  moved to  adopt Amendment 4,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Page  11, line  28  - delete  "threat  of attacks"  and                                                                    
     insert "threat levels"                                                                                                     
                                                                                                                                
     Page 12,  line 16  - delete  "threat from  attacks" and                                                                    
     insert "attack threats"                                                                                                    
                                                                                                                                
     Page  13,  line  4  - delete  "preventive"  and  insert                                                                    
     "prevention"                                                                                                               
                                                                                                                                
     Page  21,  lines  7-8  -  delete  "imminent  threat  of                                                                    
     attack"  and  insert  "a credible  threat  of  imminent                                                                    
     enemy or terrorist attack"                                                                                                 
                                                                                                                                
     Page 21, line  29 - delete "an imminent"  and insert "a                                                                    
     credible"                                                                                                                  
     Page 21, line 30 - before "enemy" insert "imminent"                                                                        
                                                                                                                                
     Page 22,  line 6 -  delete "an imminent threat  of" and                                                                    
     insert "a credible threat of an imminent"                                                                                  
                                                                                                                                
CHAIR ROKEBERG objected for discussion purposes.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG,  speaking as the maker  of Amendment 4,                                                               
explained that Amendment  4 ensures that the terms  being used in                                                               
the legislation are congruent.                                                                                                  
                                                                                                                                
[Chair Rokeberg treated his objection as withdrawn.]                                                                            
                                                                                                                                
CHAIR  ROKEBERG,   upon  determining  there  was   no  objection,                                                               
announced that Amendment 4 was adopted.                                                                                         
                                                                                                                                
Number 432                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA moved that  the committee adopt Amendment                                                               
5, which read [original punctuation provided]:                                                                                  
                                                                                                                                
     Page 16, lines 24-25                                                                                                       
           Delete "avoid the checkpoint by rerouting                                                                            
     travel;"                                                                                                                   
        Insert "turn around without passing through the                                                                         
     checkpoint;"                                                                                                               
                                                                                                                                
CHAIR ROKEBERG objected for discussion purposes.                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG,  speaking as the maker  of Amendment 5,                                                               
explained  that Amendment  5  is language  suggested  by DMVA  in                                                               
order  to ensure  that a  driver  [has the  opportunity] to  turn                                                               
around  without passing  through the  checkpoint.   There was  no                                                               
intent to allow terrorist to evade the checkpoints.                                                                             
                                                                                                                                
REPRESENTATIVE BERKOWITZ  informed the  committee that  there are                                                               
some  severe  constitutional  restrictions  with  regard  to  the                                                               
state's ability  to set up  checkpoints.  He emphasized  that the                                                               
correct  language  is  necessary  to  ensure  that  in  Alaska  a                                                               
checkpoint that cannot be avoided can be put in place.                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  that  if  the  committee  adopts                                                               
Amendment 5, then he would  commit to working with Representative                                                               
Berkowitz  and   the  department   to  cure   any  constitutional                                                               
problems.   He mentioned  that he would  check with  the attorney                                                               
general and legal counsel.                                                                                                      
                                                                                                                                
CHAIR  ROKEBERG related  his understanding  that  the draft  came                                                               
from the [Department of Law].                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG replied in the affirmative.                                                                            
                                                                                                                                
[Chair Rokeberg treated his objection as withdrawn.]                                                                            
                                                                                                                                
CHAIR  ROKEBERG,   upon  determining  there  was   no  objection,                                                               
announced that Amendment 5 was adopted.                                                                                         
                                                                                                                                
Number 465                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ moved  to report  CSSB 385(JUD)  am, as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There  being no  objection, HCS                                                               
CSSB  385(RLS)  was  reported  from   the  House  Rules  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                

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