Legislature(1999 - 2000)

04/24/1999 03:25 PM House MLV

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE SPECIAL COMMITTEE ON                                                                                         
           MILITARY AND VETERANS' AFFAIRS                                                                                       
                   April 24, 1999                                                                                               
                     3:25 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Lisa Murkowski, Chair                                                                                            
Representative John Coghill, Vice Chair                                                                                         
Representative Jeannette James                                                                                                  
Representative Gail Phillips                                                                                                    
Representative Sharon Cissna                                                                                                    
Representative Eric Croft                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Pete Kott                                                                                                        
Representative Richard Foster                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 101(FIN) am                                                                                              
"An Act relating to disasters and to the disaster relief fund."                                                                 
                                                                                                                                
     - MOVED HCS CSSB 101(MLV) OUT OF COMMITTEE                                                                                 
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SB 101                                                                                                                    
SHORT TITLE: DEFINITION OF DISASTER                                                                                             
SPONSOR(S): FINANCE                                                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/11/99       476     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/11/99       476     (S)  FIN                                                                                                 
 3/15/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/15/99               (S)  HEARD AND HELD                                                                                      
 3/15/99               (S)  MINUTE(FIN)                                                                                         
 3/18/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/18/99               (S)  MINUTE(FIN)                                                                                         
 3/22/99               (S)  FIN AT  9:00 AM SENATE FINANCE 532                                                                  
 3/22/99               (S)  HEARD AND HELD                                                                                      
 3/22/99               (S)  MINUTE(FIN)                                                                                         
 3/24/99               (S)  FIN AT  6:00 PM SENATE FINANCE 532                                                                  
 3/24/99               (S)  MINUTE(FIN)                                                                                         
 3/29/99               (S)  FIN AT  8:00 AM SENATE FINANCE 532                                                                  
 3/29/99               (S)  SCHEDULED BUT NOT HEARD                                                                             
 3/31/99               (S)  FIN AT  6:00 PM SENATE FINANCE 532                                                                  
 3/31/99               (S)  MOVED CS(FIN) OUT OF COMMITTEE                                                                      
 4/01/99       768     (S)  FIN RPT  CS  7DP          NEW TITLE                                                                 
 4/01/99       768     (S)  DP: TORGERSON, PARNELL, GREEN,                                                                      
 4/01/99       768     (S)  PETE KELLY, LEMAN, WILKEN, DONLEY                                                                   
 4/06/99               (S)  RLS AT  3:30 PM FAHRENKAMP 203                                                                      
 4/06/99               (S)  MINUTE(RLS)                                                                                         
 4/07/99       804     (S)  ZERO FISCAL NOTES (DEC, DMVA)                                                                       
 4/08/99       821     (S)  RULES TO CALENDAR AND 1 OR 4/8/99                                                                   
 4/08/99       825     (S)  READ THE SECOND TIME                                                                                
 4/08/99       825     (S)  FIN  CS ADOPTED UNAN CONSENT                                                                        
 4/08/99       825     (S)  AM NO 1      ADOPTED UNAN CONSENT                                                                   
 4/08/99       825     (S)  ADVANCED TO THIRD READING                                                                           
                            UNAN CONSENT                                                                                        
 4/08/99       826     (S)  READ THE THIRD TIME  CSSB 101(FIN) AM                                                               
 4/08/99       826     (S)  FAILED PASSAGE Y10 N9 A1                                                                            
 4/08/99       826     (S)  MACKIE  NOTICE OF RECONSIDERATION                                                                   
 4/09/99       853     (S)  RECON TAKEN UP - IN THIRD READING                                                                   
 4/09/99       853     (S)  RETURN TO SECOND FOR AM 2                                                                           
                            UNAN CONSENT                                                                                        
 4/09/99       853     (S)  AM NO 2      ADOPTED Y13 N6  E1                                                                     
 4/09/99       855     (S)  AUTOMATICALLY IN THIRD READING                                                                      
 4/09/99       856     (S)  PASSED ON RECONSIDERATION Y15 N4 E1                                                                 
 4/09/99       856     (S)  TRANSMITTED TO (H)                                                                                  
 4/12/99       723     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/12/99       723     (H)  MLV, FIN                                                                                            
 4/20/99               (H)  MLV AT  5:00 PM CAPITOL 120                                                                         
 4/20/99               (H)  HEARD AND HELD SUBCMTE APPOINTED                                                                    
 4/24/99               (H)  MLV AT  2:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
GEORGE UTERMOHLE, Attorney                                                                                                      
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
130 Seward Street, Suite 409                                                                                                    
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2450                                                                                                      
POSITION STATEMENT:  Answered questions regarding proposed CS for                                                               
                     SB 101.                                                                                                    
                                                                                                                                
CAROL CARROLL, Director                                                                                                         
Administrative Services Division                                                                                                
Department of Military and Veterans Affairs                                                                                     
400 Willoughby Avenue, Suite 500                                                                                                
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-4730                                                                                                      
POSITION STATEMENT:  Testified on proposed CS for SB 101.                                                                       
                                                                                                                                
DARWIN PETERSON, Legislative Administrative Assistant                                                                           
   to Senator John Torgerson                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 516                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2138                                                                                                      
POSITION STATEMENT:  Answered questions on SB 101 on behalf of                                                                  
                     Senator Torgerson, Co-Chair, Senate Finance                                                                
                     Committee (sponsor of SB 101).                                                                             
                                                                                                                                
JOHN ALCANTRA, Emergency Management Coordinator                                                                                 
Kenai Peninsula Borough                                                                                                         
144 North Binkley Street                                                                                                        
Soldotna, Alaska  99669                                                                                                         
Telephone:  (907) 262-4441                                                                                                      
POSITION STATEMENT:  Testified on SB 101.                                                                                       
                                                                                                                                
DAVID LIEBERSBACH, Director                                                                                                     
Division of Emergency Services                                                                                                  
Department of Military and Veterans Affairs                                                                                     
P.O. Box 5750                                                                                                                   
Fort Richardson, Alaska  99505-5750                                                                                             
Telephone:  (907) 428-7000                                                                                                      
POSITION STATEMENT:  Testified on SB 101; stated that he had no                                                                 
                     problems with the proposed CS.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-8, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR LISA MURKOWSKI called the House Special Committee on Military                                                             
and Veterans' Affairs meeting to order at 3:25 p.m.  Members                                                                    
present at the call to order were Representatives Murkowski,                                                                    
Coghill, James, Phillips, Cissna and Croft.                                                                                     
                                                                                                                                
SB 101 - DEFINITION OF DISASTER                                                                                                 
                                                                                                                                
CHAIR MURKOWSKI announced that the committee would hear CS for                                                                  
Senate Bill No. (FIN) am, "An Act relating to disasters and to the                                                              
disaster relief fund."  [The final Senate version had been heard on                                                             
April 20, and a subcommittee chaired by Representative Croft had                                                                
met.  The committee had just received, by fax, a new proposed                                                                   
committee substitute (CS), version 1-LS0625\W, Utermohle, 4/24/99.]                                                             
                                                                                                                                
Number 0085                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT called to order the meeting of the                                                                         
subcommittee, noting that members Representatives Phillips and                                                                  
Murkowski were present.  He made a motion to refer the proposed CS,                                                             
Version W, to the full committee for consideration.  Noting that                                                                
there was no objection, he then adjourned the subcommittee meeting.                                                             
                                                                                                                                
CHAIR MURKOWSKI asked Representative Croft to explain Version W.                                                                
                                                                                                                                
Number 0163                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT told members that discussion with a number of                                                              
different people had resulted in a couple of points of general                                                                  
agreement and a couple of points that still may be policy matters                                                               
to discuss.  First, there was general agreement that under one-half                                                             
million dollars, and probably even under $1 million, there wasn't                                                               
much concern of abuse by the governor.  They had settled on needing                                                             
legislature approval for amounts over $1 million.                                                                               
                                                                                                                                
REPRESENTATIVE CROFT pointed out that this applies mainly to the                                                                
interim.  When the legislature is in session it is easy to get                                                                  
approval or non-approval.  Furthermore, because it costs just short                                                             
of $1 million to hold a special session, it doesn't make sense to                                                               
call one to approve an $800,000 expenditure.  The more they had                                                                 
worked it, he said, the more it seemed appropriate to have general                                                              
authority to spend $1 million and then, above that, to require                                                                  
consultation with the legislature.                                                                                              
                                                                                                                                
Number 0287                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT read from page 2, lines 13 through 15, which                                                               
stated:  "If the disaster described in the governor's proclamation                                                              
of a condition of disaster emergency is a fire, the governor may                                                                
expend state funds as necessary to save lives or protect property                                                               
and public health and safety."  He reported general agreement that                                                              
there is no need to talk to the legislature before stopping a fire,                                                             
and some comfort with blanket authority to do that.  However,                                                                   
dealing with the consequences of a fire was a slightly different                                                                
matter.  The bill had read, "or cure the effects of it", which                                                                  
would be helping people recover, for example, giving them food or                                                               
loans for their houses, he noted.                                                                                               
                                                                                                                                
REPRESENTATIVE CROFT specified that for amounts under $1 million,                                                               
there would be broad authority.  Over $1 million, if the                                                                        
legislature is in session, its approval would be required, as set                                                               
out on page 2.  If the legislature is not in session, and if there                                                              
is a federally declared disaster, that is enough to provide a                                                                   
comfort level that it is appropriate, and those cases happen fairly                                                             
rarely.  However, if something else happens in the interim, the                                                                 
legislature must be consulted, as delineated on page 2, at the                                                                  
bottom, and page 3.  There is either a special session or agreement                                                             
by the presiding officers that there is no need for a special                                                                   
session.                                                                                                                        
                                                                                                                                
REPRESENTATIVE CROFT mentioned discussion in the subcommittee about                                                             
whether the presiding officers would need to poll the entire                                                                    
membership, or even a majority of the membership.  He pointed out                                                               
that the committee had heard testimony that a polling requirement                                                               
can be problematic in a disaster.  Although Version W says just                                                                 
that the presiding officers are to be asked, he had requested that                                                              
George Utermohle draft an amendment regarding polling, as a point                                                               
of discussion.                                                                                                                  
                                                                                                                                
REPRESENTATIVE CROFT next referred to page 3, lines 5 - 13.  He                                                                 
explained that the prior law had required the governor to provide                                                               
a financing plan, but hadn't specified what that should include. In                                                             
some disasters, the governor may have provided a sketchy memorandum                                                             
just saying it would be paid for.  Therefore, the subcommittee had                                                              
defined "financing plan" using as a guide a memorandum to the                                                                   
governor from the House Finance Committee, dated November 24, 1998                                                              
[copy provided to members].                                                                                                     
                                                                                                                                
Number 0545                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS noted that the memorandum was regarding                                                                 
Bristol Bay.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CROFT reported that specific types of information                                                                
requested in that memorandum had been incorporated into Version W.                                                              
A financing plan should now describe the amount of money, by fund                                                               
source, including the amount of state match for federal funds - an                                                              
issue in the past - that the governor proposes to use to cover the                                                              
disaster, the estimated total expenditures, and the estimated time                                                              
frame necessary.  He suggested this balances the need for detail                                                                
with the desire to not burden the governor with too much detail.                                                                
                                                                                                                                
REPRESENTATIVE CROFT noted that they hadn't used the Senate's full                                                              
recommendation on the definition.  The current statute says,                                                                    
"disasters, including these types of things", whereas the Senate's                                                              
wording was, "only these types of things".  Concerns about the                                                                  
ability to list all disasters had been discussed at the previous                                                                
committee hearing, and the subcommittee had reinserted, on page 4,                                                              
line 2, "an event such as storm, high water, wind-driven water,                                                                 
tidal wave, tsunami, earthquake, volcanic eruption, landslide,                                                                  
mudslide, avalanche, snowstorm, prolonged extreme cold, drought".                                                               
                                                                                                                                
Number 0650                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT told members that the first of two major                                                                   
policy-level choices for this committee is what mechanism for                                                                   
legislative approval there should be.  For example, the presiding                                                               
officers could be asked, as in Version W, or legislators could be                                                               
polled, or use of the Legislative Budget and Audit Committee (LB&A)                                                             
could be required.  The second major question is whether to try to                                                              
define every type of disaster that will come up.                                                                                
                                                                                                                                
Number 0749                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS made a motion to adopt as a work draft                                                                  
version 1-LS0625\W, Utermohle, 4/24/99.  There being no objection,                                                              
Version W was before the committee.                                                                                             
                                                                                                                                
REPRESENTATIVE PHILLIPS referred members to page 4, lines 2 - 4.                                                                
She explained that many events could occur in the future that no                                                                
one even considers now, because of technological advances, for                                                                  
example.  The phrase "an event such as" leaves it open.                                                                         
                                                                                                                                
Number 0816                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked whether agricultural disasters are                                                                   
defined separately in Title 3, or whether something needs to be                                                                 
inserted.  She noted that the bill removes blight and infestation.                                                              
                                                                                                                                
CHAIR MURKOWSKI asked Representative Croft whether those are                                                                    
contained in the economic disaster provisions.                                                                                  
                                                                                                                                
REPRESENTATIVE CROFT noted that deleting an example isn't as                                                                    
catastrophic as deleting an item from an exclusive list.                                                                        
                                                                                                                                
Number 0862                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES mentioned the recent potato late blight in the                                                             
Matanuska-Susitna area.  She noted that because of the timing,                                                                  
those folks were able to recover a lot.  However, it would have                                                                 
been a disaster if it had stopped the crops altogether.                                                                         
                                                                                                                                
REPRESENTATIVE CROFT read from page 3, beginning at line 30, which                                                              
stated:  "(2) 'disaster' means the occurrence or imminent threat of                                                             
widespread [OR] severe damage, injury, loss of life or property, or                                                             
shortage of food, water, or fuel resulting from".  He noted that                                                                
"such as" is similar to the "including" in the current statute.  He                                                             
suggested that even with the specific word omitted, a good argument                                                             
could be made that it could be included.                                                                                        
                                                                                                                                
REPRESENTATIVE JAMES pointed out that if there were a case of "mad                                                              
cow disease," for example, all cattle in Alaska would have to be                                                                
killed.                                                                                                                         
                                                                                                                                
CHAIR MURKOWSKI agreed that there is no way to predict all the                                                                  
types of disasters that ultimately may occur.                                                                                   
                                                                                                                                
Number 0949                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA pointed out that agriculture is affected by                                                               
the same climate changes that affect fisheries.  She asked:  If                                                                 
there is a situation where people stand to lose their lives because                                                             
of lack of food, is not one the same as the other?                                                                              
                                                                                                                                
CHAIR MURKOWSKI responded that if the governor issued a                                                                         
proclamation of disaster, and if the financing plan stated that it                                                              
would be in excess of $1 million, it would go into the approval                                                                 
process.  She suggested that is where the checks would be, if there                                                             
was disagreement.                                                                                                               
                                                                                                                                
Number 1025                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES referred to a bill she is sponsoring for the                                                               
Division of Agriculture; that bill considers it an economic                                                                     
disaster if there is a weather failure three years in a row.  She                                                               
said the agricultural community feels they must plan to sometimes                                                               
have bad crops, but three years in a row would be more disastrous.                                                              
                                                                                                                                
Number 1067                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT pointed out that what is essentially left off                                                              
the list are "weather condition", air contamination, blight and                                                                 
infestation.  He suggested that if something fits the general                                                                   
category, the omission doesn't hurt.  He stated, "I understand why,                                                             
... with the Western Alaska fishery disaster, that weather                                                                      
condition might be taken out for some of the more definitive listed                                                             
elements.  I'm not sure whether blight and infestation should be                                                                
taken out. ... Most of the others that were on the list before,                                                                 
even in the Senate draft, were there."                                                                                          
                                                                                                                                
REPRESENTATIVE CROFT referred to Representative James' three-year                                                               
criteria.  He pointed out that this is really an interim authority                                                              
to spend under $1 million, because over $1 million, the governor                                                                
would still have to ask.  If the governor approved less than $1                                                                 
million on any of these, the legislature could address it once back                                                             
in session, he added.                                                                                                           
                                                                                                                                
Number 1149                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI informed members that George Utermohle, the                                                                     
drafter, was on-line to answer questions.                                                                                       
                                                                                                                                
REPRESENTATIVE JAMES asked Mr. Utermohle if agricultural disasters                                                              
are defined separately in Title 3 or would be included in the                                                                   
language in Version W.                                                                                                          
                                                                                                                                
Number 1198                                                                                                                     
                                                                                                                                
GEORGE UTERMOHLE, Attorney, Legislative Legal and Research                                                                      
Services, Legislative Affairs Agency, testified via teleconference                                                              
from his office in Juneau.  He said there is nothing specific in                                                                
the language of this bill dealing with an agricultural disaster or                                                              
crop failure.  However, some events here might be classified as, or                                                             
related to, an agricultural disaster, such as some of the weather                                                               
conditions described, including drought or flood.  An epidemic                                                                  
might also be related to an agricultural disaster.                                                                              
                                                                                                                                
REPRESENTATIVE JAMES remarked that the burning of Mount McKinley                                                                
Meats was certainly a disaster for people who had their animals                                                                 
there or who needed to take their animals there.  She believes that                                                             
was handled fairly well, and because Mount McKinley Meats is owned                                                              
by the state, the state had to respond anyway.  She noted that if                                                               
it had been a private entity, there might have been some insurance                                                              
money to take care of it.                                                                                                       
                                                                                                                                
Number 1253                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL suggested discussing whether the $1 million                                                              
limit is enough.  For example, if immediate action were needed and                                                              
a guard unit had to be sent to a disaster area, he wondered whether                                                             
this might throttle the governor's ability to respond properly.                                                                 
                                                                                                                                
Number 1295                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS said she doesn't believe so.  If there were                                                             
a federally declared disaster, that is one provision.  In addition,                                                             
the House and Senate leadership could clarify that they don't need                                                              
a special session for the governor to address a disaster, which                                                                 
could happen almost instantaneously.                                                                                            
                                                                                                                                
Number 1319                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT suggested that Carol Carroll could provide                                                                 
information.  He said as far as he can tell, this was a 1977                                                                    
statute, and the $1/2 million and $1 million were put in then.                                                                  
                                                                                                                                
Number 1352                                                                                                                     
                                                                                                                                
CAROL CARROLL, Director, Administrative Services Division,                                                                      
Department of Military and Veterans Affairs (DMVA), indicated that                                                              
because the DMVA would have the mechanism to go to the leadership                                                               
to get almost instantaneous approval to go above the $1 million,                                                                
she believes they would be comfortable with that.  She explained                                                                
that they start to be uncomfortable when, in contrast, there is a                                                               
list of what must be done before going above that amount.  She                                                                  
stated, "Like Mr. Liebersbach had said, prior, he could pick up the                                                             
phone in a real bad disaster, and he could have obligated $2 or $3                                                              
million in a matter of minutes."  Ms. Carroll concluded that                                                                    
because it is the way it is now, which is how it has been working                                                               
in the past, she doesn't know how the DMVA would have a problem                                                                 
with it.                                                                                                                        
                                                                                                                                
Number 1402                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS commented that as far as her history with                                                               
the state, emergencies and disasters, this mechanism has worked.                                                                
                                                                                                                                
REPRESENTATIVE CISSNA referred to Section 3(B), which discusses the                                                             
convening of the legislature or agreement by the presiding                                                                      
officers.  She asked what that time frame is.                                                                                   
                                                                                                                                
MS. CARROLL responded that there used to be a five-day turnaround                                                               
time, to her knowledge.                                                                                                         
                                                                                                                                
REPRESENTATIVE PHILLIPS asked whether that is for response.  She                                                                
stated that when the governor sends the letter to the leadership of                                                             
the House and Senate, regarding whether they will call a special                                                                
session, they must act within a specific period of time.  She asked                                                             
Mr. Utermohle whether that is included somewhere else.                                                                          
                                                                                                                                
Number 1485                                                                                                                     
                                                                                                                                
MR. UTERMOHLE answered that there are provisions in the                                                                         
constitution relating to the calling of a special session.                                                                      
                                                                                                                                
MS. CARROLL asked for confirmation that the governor has 15 days to                                                             
convene a special session.                                                                                                      
                                                                                                                                
REPRESENTATIVE PHILLIPS affirmed that.                                                                                          
                                                                                                                                
MR. UTERMOHLE said there are two provisions in the constitution.                                                                
One has a time limit, and one is a more of an emergency nature,                                                                 
without a time limit.                                                                                                           
                                                                                                                                
Number 1509                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI asked whether, in any draft of this bill that Mr.                                                               
Utermohle has worked on, there were provisions specifying a                                                                     
five-day period in which to respond.  She further asked whether                                                                 
that has been discussed.                                                                                                        
                                                                                                                                
MR. UTERMOHLE replied that it hasn't been an issue in prior                                                                     
discussions regarding the draft, to his knowledge.                                                                              
                                                                                                                                
Number 1529                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT noted that AS 26.23.020 says a proclamation of                                                             
disaster emergency may not remain in effect longer than 30 days.                                                                
He asked whether that provision remains in effect, noting that in                                                               
Section 1 of the bill, page 1, line 13, "law" is added and "a                                                                   
concurrent resolution" is deleted.                                                                                              
                                                                                                                                
MS. CARROLL affirmed that.                                                                                                      
                                                                                                                                
REPRESENTATIVE CROFT then stated, "It can't last more than 30 days                                                              
unless we approve it by law."  He said he believes that change is                                                               
because constitutionally they never could do it by concurrent                                                                   
resolution, and it should have said "law" to begin with.                                                                        
                                                                                                                                
CHAIR MURKOWSKI said she understood Representative Cissna's                                                                     
concern, however, to be about time parameters within which the                                                                  
leadership needs to get back to the governor.                                                                                   
                                                                                                                                
REPRESENTATIVE PHILLIPS responded that the time frame is in the                                                                 
letter to the leadership.                                                                                                       
                                                                                                                                
CHAIR MURKOWSKI asked whether that changes, depending on the                                                                    
disaster.                                                                                                                       
                                                                                                                                
REPRESENTATIVE PHILLIPS said no, she doesn't believe so.                                                                        
                                                                                                                                
Number 1580                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES asked who drafts the letter, and whether there                                                             
is a proposed draft of a letter somewhere.                                                                                      
                                                                                                                                
MS. CARROLL explained that in current law, AS 26.23.025, the                                                                    
governor sends a letter to the leadership, along with a financing                                                               
plan that states how much the disaster is estimated to cost.  The                                                               
letter asks the leadership if the governor should convene a special                                                             
session within five days.  The presiding officers answer back                                                                   
within those five days and say "yea" or "nay."  To her belief, that                                                             
is not included in AS 26.23.025 in Version W.                                                                                   
                                                                                                                                
Number 1641                                                                                                                     
                                                                                                                                
MR. UTERMOHLE paraphrased from the current statute, AS                                                                          
26.23.025(c), which read in part:  "When the governor declares a                                                                
condition of disaster emergency while the legislature is not in                                                                 
session, ... the governor shall (1) convene a special session of                                                                
the legislature ... within five days unless the presiding officers                                                              
... agree that a special session should not be convened and so                                                                  
advise the governor in writing".                                                                                                
                                                                                                                                
Number 1690                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS asked Mr. Peterson, as the sponsor's                                                                    
representative, why that wasn't included by the Senate.                                                                         
                                                                                                                                
DARWIN PETERSON, Legislative Administrative Assistant to Senator                                                                
John Torgerson, Alaska State Legislature, said it was never                                                                     
discussed in committee and may be an oversight.                                                                                 
                                                                                                                                
REPRESENTATIVE PHILLIPS responded that she believes it should be                                                                
added back into the statute.                                                                                                    
                                                                                                                                
Number 1719                                                                                                                     
                                                                                                                                
MR. UTERMOHLE suggested it is probably appropriate to put it in AS                                                              
26.23.020(j).                                                                                                                   
                                                                                                                                
REPRESENTATIVE CROFT asked whether the old statute essentially said                                                             
the governor shall call a special session within five days, unless                                                              
the leadership has informed the governor it is not necessary.  He                                                               
suggested that a time limit, perhaps five days, is appropriate, as                                                              
an irresponsible leadership conceivably could do nothing with the                                                               
request, which would put everything in limbo.  He asked, "Should                                                                
the response be, 'The special session is called ... unless we tell                                                              
you otherwise you've got to do it?"                                                                                             
                                                                                                                                
[There were affirmative responses by unidentified members.]                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said it seems costly but probably the ultimate                                                             
thing that should happen.  He asked Mr. Utermohle whether he can                                                                
work that "five-day or else the governor shall call a special                                                                   
session" into AS 26.23.020.                                                                                                     
                                                                                                                                
Number 1778                                                                                                                     
                                                                                                                                
MR. UTERMOHLE affirmed that, adding that he'd like to see it worked                                                             
into the bill.  He said he suspects that he would add it on the                                                                 
bottom of page 2, the last four lines.                                                                                          
                                                                                                                                
Number 1810                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS made a motion to adopt a conceptual                                                                     
amendment, to add the five-day provision language in existing law                                                               
to the language at the bottom of page 2.                                                                                        
                                                                                                                                
REPRESENTATIVE JAMES noted that it would be subsection (j).                                                                     
                                                                                                                                
CHAIR MURKOWSKI asked whether there was any objection.  There being                                                             
none, the conceptual amendment was adopted.  She then asked whether                                                             
Ms. Carroll wished to comment on Version W.                                                                                     
                                                                                                                                
Number 1842                                                                                                                     
                                                                                                                                
MS. CARROLL acknowledged that the committee had worked to alleviate                                                             
some of the DMVA's concerns, which she believes have been mostly                                                                
taken care of, from her perspective.  However, she didn't know                                                                  
whether Dave Liebersbach had seen Version W.                                                                                    
                                                                                                                                
CHAIR MURKOWSKI asked whether Mr. Liebersbach was able to receive                                                               
a fax, then had a copy of Version W faxed to him.  She asked the                                                                
same of Mr. Alcantra.                                                                                                           
                                                                                                                                
Number 1954                                                                                                                     
                                                                                                                                
JOHN ALCANTRA, Emergency Management Coordinator, Kenai Peninsula                                                                
Borough, responded via teleconference from Anchorage, asking that                                                               
a copy of Version W be faxed to his office in Soldotna for review                                                               
Monday.  Although he hadn't seen Version W, from the comments he                                                                
believes the bill continues to improve.  Some issues had been                                                                   
addressed, such as the raising of the cap to the $1 million level,                                                              
as well as discussion of the necessity of special sessions for                                                                  
particular dollar amounts.  He pointed out that most disasters                                                                  
occur when the legislature isn't in session.  For example, the                                                                  
summer months are prone to fires, such as at Big Lake, and floods                                                               
are likely to happen in the autumn.                                                                                             
                                                                                                                                
MR. ALCANTRA said he believes this still rather hamstrings the                                                                  
administration.  As the chief of staff for the Federal Emergency                                                                
Management Agency (FEMA), under disaster provisions he'd had more                                                               
authority to spend money than is allowed the governor of Alaska.                                                                
He believes there are still some problems with.  He would like for                                                              
the sponsor and others to meet with the state emergency response                                                                
commission, as well as the local emergency planning committee                                                                   
association, which will meet in July and October in Anchorage.  He                                                              
believes there is a chance to have a very good bill, instead of                                                                 
just a little better bill.  Although he expressed appreciation to                                                               
all who had worked on the bill, he believes it probably shouldn't                                                               
pass this legislative session.  "With 25 or so days left in the                                                                 
session, I think there is much more important things on the                                                                     
legislature's plate than to try to rush this bill through," he                                                                  
concluded.                                                                                                                      
                                                                                                                                
Number 2099                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI asked whether Mr. Liebersbach wished to add                                                                     
comments, but there was no response.  She then asked the will of                                                                
the committee.                                                                                                                  
                                                                                                                                
Number 2125                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS made a motion to move the proposed CS,                                                                  
version 1-LS0625\W, Utermohle, 4/24/99, as amended by the                                                                       
conceptual amendment, from the committee with individual                                                                        
recommendations and two zero fiscal notes.                                                                                      
                                                                                                                                
CHAIR MURKOWSKI asked whether there was any objection.                                                                          
                                                                                                                                
REPRESENTATIVE CISSNA expressed the desire to hear from Mr.                                                                     
Liebersbach.                                                                                                                    
                                                                                                                                
CHAIR MURKOWSKI noted that Mr. Liebersbach is the person who would                                                              
spend the money, basically.                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI called a brief at-ease at 4:04 p.m., calling the                                                                
meeting almost immediately back to order.                                                                                       
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
MR. ALCANTRA inquired about the amendment proposed by                                                                           
Representative Coghill at the previous hearing, which would have                                                                
inserted the language, "per event".  He asked whether it is now per                                                             
event or per fiscal year.                                                                                                       
                                                                                                                                
CHAIR MURKOWSKI informed Mr. Alcantra that although that amendment                                                              
was not adopted at the 4/20/99 meeting, Version W provides, on page                                                             
2, lines 5 and 6, that it is $1 million per event.                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL expressed his understanding that this                                                                    
follows the same pattern regarding notification of the leadership                                                               
of the House and Senate as in the current statute.                                                                              
                                                                                                                                
CHAIR MURKOWSKI affirmed that.                                                                                                  
                                                                                                                                
Number 2260                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked whether there are other times when                                                                 
[Legislative Council] is contacted about events that require                                                                    
legislative action.                                                                                                             
                                                                                                                                
REPRESENTATIVE PHILLIPS replied that if the legislature itself                                                                  
chooses to spend money, the Legislative Council will convene.                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL asked for confirmation that all they are                                                                 
asking here is for the determination of whether there should be a                                                               
special session.                                                                                                                
                                                                                                                                
REPRESENTATIVE PHILLIPS affirmed that.                                                                                          
                                                                                                                                
Number 2287                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT agreed, pointing out that, in addition, the                                                                
financing plan goes to the chair of the finance committee in each                                                               
house; that was in the original statute and was moved.  He referred                                                             
to page 3, lines 5 - 13, then stated, "In effect, you do two                                                                    
things.  If you want to spend over a million dollars, you get                                                                   
permission to do that, instead of a special session, from the                                                                   
leadership, and you tell the finance co-chairs about your financing                                                             
plan.  And we firmed up the details of that financing plan. ... The                                                             
leadership is the sort of permission to spend the money.  This is                                                               
just an obligation you have to present the plan, in addition. ...                                                               
I don't think it's a trigger on your permission to spend the                                                                    
money."                                                                                                                         
                                                                                                                                
Number 2327                                                                                                                     
                                                                                                                                
DAVID LIEBERSBACH, Director, Division of Emergency Services,                                                                    
Department of Military and Veterans Affairs, informed the committee                                                             
via teleconference from Anchorage that he had no problem with                                                                   
Version W.                                                                                                                      
                                                                                                                                
Number 2340                                                                                                                     
                                                                                                                                
CHAIR MURKOWSKI asked whether Representative Cissna was willing to                                                              
withdraw her "semi-objection"; that was affirmed.  Hearing no                                                                   
objection, Chair Murkowski announced that HCS CSSB 101(MLV), as                                                                 
amended, was moved from the House Special Committee on Military and                                                             
Veterans' Affairs.                                                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Military and Veterans' Affairs meeting was                                                                 
adjourned at 4:10 p.m.                                                                                                          

Document Name Date/Time Subjects