Legislature(2003 - 2004)

05/05/2004 09:03 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 385-SECURITY;DIV. HOMELAND SECURITY/EMER. MGT                                                                              
                                                                                                                                
Number 0177                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that the  first order of  business was                                                               
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 0185                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH moved to adopt CSSB 385(JUD) am.                                                                                
                                                                                                                                
REPRESENTATIVE SEATON objected.                                                                                                 
                                                                                                                                
Number 0255                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to adopt Amendment  1, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     1.  Page  11, line 28 - delete "threat  of attacks" and                                                                    
     insert "threat level"                                                                                                      
                                                                                                                                
     2.   Page 12,  line 16 -  delete "threats  from attack"                                                                    
     and insert "attack threats"                                                                                                
                                                                                                                                
     3.   Page 13, line  4 - delete "preventive"  and insert                                                                    
     "prevention"                                                                                                               
                                                                                                                                
     4.  Page 21, lines 7-8  - delete "an attack or imminent                                                                    
     threat  of attack"  and insert  "a  credible threat  of                                                                    
     imminent enemy or terrorist attack"                                                                                        
                                                                                                                                
     5.  Page 21, line 29  - delete "an imminent" and insert                                                                    
     "a credible"                                                                                                               
         Page   21,  line   30  -   before  "enemy"   insert                                                                    
     "imminent"                                                                                                                 
                                                                                                                                
     6.  Page  22, line 6 - delete "an  imminent" and insert                                                                    
     "a credible threat of an imminent"                                                                                         
                                                                                                                                
CHAIR WEYHRAUCH objected.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG   explained  that  Amendment   1  makes                                                               
several  technical and  conforming  changes.   In  response to  a                                                               
question from Representative Holm,  he explained that the changes                                                               
would help  conform the bill "to  itself," so that there  are not                                                               
any internal inconsistencies.                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
Number 0365                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON removed  his  objection  to adopting  CSSB                                                               
385(JUD) am.                                                                                                                    
                                                                                                                                
Number 0374                                                                                                                     
                                                                                                                                
JOHN  CRAMER,  Director,  Division  of  Administrative  Services,                                                               
Department  of  Military &  Veterans'  Affairs,  said he  is  not                                                               
cognizant  of all  the changes  that were  discussed that  are in                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  reviewed   the  first   change  [text                                                               
provided previously].   He  said he  believes "threat  levels" is                                                               
the correct term to use.                                                                                                        
                                                                                                                                
MR.  CRAMER explained  that  one method  of  depicting levels  of                                                               
threat is by  a color system:  level yellow,  to level orange, to                                                               
level red.   The  State of  Alaska has  adopted a  similar threat                                                               
level [indicator].                                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Mr. Cramer  if he  would "prefer                                                               
the change that we have here."                                                                                                  
                                                                                                                                
Number 0482                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH told  the committee that he had  indicated to the                                                               
sponsor that  he wanted to  move the bill  out of committee.   He                                                               
said  there is  no problem  to offering  amendments on  the House                                                               
floor,  but  he doesn't  want  to  slow  the  bill down  in  this                                                               
committee.    He  clarified  that he  doesn't  mind  hearing  the                                                               
department's position, but he isn't inclined to amend the bill.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG said he would  not waste his time if the                                                               
committee is not  inclined to [address the amendment].   He said,                                                               
"Let's just leave this Amendment 1."                                                                                            
                                                                                                                                
CHAIR WEYHRAUCH clarified that Amendment 1 had been withdrawn.                                                                  
                                                                                                                                
Number 0549                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG [moved  to  adopt]  Amendment 2,  which                                                               
read as follows:                                                                                                                
                                                                                                                                
     Page 19, line 8:                                                                                                           
          Delete "The"                                                                                                          
          Insert "To the extent preempted by federal law,                                                                       
     the"                                                                                                                       
                                                                                                                                
CHAIR  WEYHRAUCH   stated  his   plans  to   take  Representative                                                               
Gruenberg's amendments to Senator Fred  Dyson's office for him to                                                               
"think about these in the context of  ... this bill."  He said he                                                               
wants the department to "talk  about this a little more carefully                                                               
with Senator Dyson's  staff."  He mentioned the  roles of various                                                               
departments and committees in this process.                                                                                     
                                                                                                                                
MR. CRAMER  concurred with  Chair Weyhrauch that  he had  not had                                                               
the opportunity to speak with  the sponsor or staff regarding any                                                               
changes to the bill.                                                                                                            
                                                                                                                                
CHAIR WEYHRAUCH objected to Amendment 2.                                                                                        
                                                                                                                                
Number 0655                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  the language  that  Amendment  2                                                               
would add to the bill is the correct legal term to use.                                                                         
                                                                                                                                
Number 0688                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG, at  the  request  of Chair  Weyhrauch,                                                               
withdrew Amendment 2.                                                                                                           
                                                                                                                                
Number 0700                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG [moved  to  adopt]  Amendment 3,  which                                                               
read as follows:                                                                                                                
                                                                                                                                
     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."                                                                                                                      
                                                                                                                                
CHAIR WEYHRAUCH objected to Amendment 3.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that the bill  itself sets up                                                               
a [Homeland  Security and  Emergency Management]  Subcommittee of                                                               
the  Joint  Armed  Services  Committee  to  receive  confidential                                                               
information.   He  indicated that  those involved  would have  to                                                               
receive  a "secret  clearance" and  sign a  confidentiality form.                                                               
Unfortunately,  he said,  the Joint  Armed Services  Committee is                                                               
not a legislative  committee.  He noted that the  Senate does not                                                               
have a  committee on  military and  veterans' affairs,  while the                                                               
House  does.   He explained  that [Amendment  3] would  allow the                                                               
presiding  officers the  discretion to  appoint individuals  or a                                                               
committee "to deal  with this."  Those  individuals would receive                                                               
"secret  clearance," sign  a confidentiality  document, and  have                                                               
access  "to  this  information."    He  stated,  "It's  the  same                                                               
process;  it's  just  a  question  of who  would  be  doing  it."                                                               
Representative  Gruenberg said  he is  under the  impression that                                                               
the  co-chair  of the  [Joint]  Armed  Services Committee,  among                                                               
others, seem to think [Amendment 3] is a good idea.                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  in response  to  a  request by  Chair                                                               
Weyhrauch, withdrew his motion to adopt Amendment 3.                                                                            
                                                                                                                                
Number 0912                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to [a two-page list of]                                                               
questions  [included   in  the  committee  packet],   which  were                                                               
submitted by Jim Butler.  He  said some of the questions probably                                                               
ought to  be addressed.   For example,  on page 12,  beginning on                                                               
line 16, the  language proposes that folks in the  DMVA will have                                                               
police  powers,  but they  will  not  get  police training.    He                                                               
questioned  if the  situation would  exist where  people who  are                                                               
untrained are "doing the establishment of these procedures."                                                                    
                                                                                                                                
Number 1011                                                                                                                     
                                                                                                                                
MICHAEL  MITCHELL, Assistant  Attorney General,  Labor and  State                                                               
Affairs Section,  Civil Division (Anchorage), Department  of Law,                                                               
said he would defer to Mr.  Cramer regarding the specifics of the                                                               
activities in  which the department  engages.  In regard  to page                                                               
12, line  16, he offered  his understanding  that "investigation"                                                               
in that  context is  "evaluation or assessment  of the  nature of                                                               
the threat, rather  than a law enforcement  form of investigation                                                               
or  intelligence  gathering."    More generally,  he  stated  his                                                               
understanding that  DMVA does not engage  in law enforcement-type                                                               
of activities or police-type activities.                                                                                        
                                                                                                                                
Number 1089                                                                                                                     
                                                                                                                                
DAVID   E.   LIEBERSBACH,    Director,   Division   of   Homeland                                                               
Security/Emergency   Management,   Department   of   Military   &                                                               
Veterans' Affairs, noted that "the  individuals that are assigned                                                               
to this" do get training  to the certification of state troopers,                                                               
when they are acting with the  state and before they are deployed                                                               
with the  state troopers.   He  clarified that  the investigative                                                               
type  of  work  these  folks  do  is  gathering  information  and                                                               
evaluating   critical   infrastructure   of  state   or   private                                                               
facilities.   He emphasized that  the investigations are  done by                                                               
request.   For example, assessments  are currently being  done on                                                               
Golden Valley  Electric Association (GVEA), the  Alaska Railroad,                                                               
and the Port of  Anchorage.  He said, "I could go  on and on, but                                                               
we're  getting  a  little  bit  into  sensitive  areas."    Those                                                               
investigators   are  looking   for  vulnerability   to  potential                                                               
terrorist  activity, and  they provide  input  to assisting  that                                                               
state or  private facility  to developing  plans and  programs to                                                               
lessen  their  vulnerability.   He  emphasized  that no  kind  of                                                               
criminal  investigations are  done; that  job strictly  lies with                                                               
the Alaska  State Troopers  or local  police, or  - if  federal -                                                               
with the federal force.                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  reiterated that  he would like  answers to                                                               
Mr. Butler's questions.                                                                                                         
                                                                                                                                
     MR. CRAMER noted  that the language on  page 12, "lines                                                                    
     16, 22, 24,  28" is currently in statute,  in AS 26.20.                                                                    
     He reiterated  that those  civil statutes  were enacted                                                                    
     in 1951 and  have been there since that time.   He said                                                                    
     the  department  has  the  authority  to  execute  [AS]                                                                    
     26.20.   He spoke of combining  [two existing divisions                                                                    
     into the  Division of  Homeland Security  and Emergency                                                                    
     Management], in order to save  money.  He indicated the                                                                    
     intent to "get  rid of a lot of the  very onerous stuff                                                                    
     that was in the ... original civil defense statute.                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON   explained  that  he  didn't   want  [Mr.                                                               
Butler's]  questions  glossed over  in  the  committee's rush  to                                                               
address the bill; however, he  stated that he knows the committee                                                               
doesn't have the time to "do it here."                                                                                          
                                                                                                                                
MR.  CRAMER  stated  that  [SB   385]  is  a  critical  piece  of                                                               
legislation that the department would  like to see moved forward.                                                               
He  noted that  the department  has,  for its  own use,  prepared                                                               
responses to  [Mr. Butler's]  questions, and  he offered  to make                                                               
those responses available to the committee.                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH said  that would  be important,  particularly if                                                               
Mr. Cramer  could make  those available before  the bill  gets to                                                               
the House floor.                                                                                                                
                                                                                                                                
Number 1374                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG stated  his hope  that Chair  Weyhrauch                                                               
will  indicate  on  the  House   floor  why  the  committee  left                                                               
[amendments] to address on the House floor.                                                                                     
                                                                                                                                
Number 1399                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH   moved  to  report   CSSB  385(JUD)am   out  of                                                               
committee,  with  individual  recommendations  and  the  attached                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON again  removed his  objection to  adopting                                                               
CSSB 385(JUD)am.                                                                                                                
                                                                                                                                
CHAIR WEYHRAUCH  asked if  there were  any further  objections to                                                               
the motion  to report  CSSB 385(JUD)am out  of committee.   There                                                               
being none, CSSB  385(JUD)am was reported out of  the House State                                                               
Affairs Standing Committee.                                                                                                     

Document Name Date/Time Subjects