Legislature(2001 - 2002)

01/31/2002 03:30 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                 SENATE STATE AFFAIRS COMMITTEE                                                                               
                        January 31, 2002                                                                                        
                            3:30 p.m.                                                                                           
MEMBERS PRESENT                                                                                                               
Senator Gene Therriault, Chair                                                                                                  
Senator Randy Phillips, Vice Chair                                                                                              
Senator Rick Halford                                                                                                            
Senator Ben Stevens                                                                                                             
Senator Bettye Davis                                                                                                            
MEMBERS ABSENT                                                                                                                
All Members Present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 235                                                                                                             
"An Act relating to emergency and  disaster relief forces as state                                                              
employees   for  purposes  of   workers'  compensation   benefits;                                                              
relating to  the Emergency Management  Assistance Compact  and the                                                              
implementation  of the  compact;  and providing  for an  effective                                                              
     MOVED CSSB 235(STA) OUT OF COMMITTEE                                                                                       
SENATE BILL NO. 236                                                                                                             
"An Act making supplemental and other  appropriations for homeland                                                              
security; and providing for an effective date."                                                                                 
     HEARD AND HELD                                                                                                             
SENATE BILL NO. 237                                                                                                             
"An Act  relating to  civil defense  and disasters; and  providing                                                              
for an effective date."                                                                                                         
     SCHEDULED BUT NOT HEARD                                                                                                    
SENATE BILL NO. 238                                                                                                             
"An Act relating  to state plans  and programs for the  safety and                                                              
security of  facilities and  systems in  the state; and  providing                                                              
for an effective date."                                                                                                         
     SCHEDULED BUT NOT HEARD                                                                                                    
SENATE BILL NO. 239                                                                                                             
"An Act relating to state employees  who are called to active duty                                                              
as reserve or auxiliary members of  the armed forces of the United                                                              
States; and providing for an effective date."                                                                                   
     MOVED SB 239 OUT OF COMMITTEE                                                                                              
SENATE BILL NO. 240                                                                                                             
"An Act relating to the crimes of  damaging an oil or gas pipeline                                                              
or  supporting   facility,  criminal  mischief,   and  terroristic                                                              
threatening;  making conforming amendments;  and providing  for an                                                              
effective date."                                                                                                                
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
SB 235 - See State Affairs minutes dated 1/24/02.                                                                               
SB 236 - No previous action to record.                                                                                          
SB 237 - See State Affairs minutes dated 1/24/02.                                                                               
SB 238 - See State Affairs minutes dated 1/24/02.                                                                               
SB 239 - See State Affairs minutes dated 1/24/02.                                                                               
SB 240 - See State Affairs minutes dated 1/24/02.                                                                               
WITNESS REGISTER                                                                                                              
Joe Balash                                                                                                                      
Senate State Affairs Staff                                                                                                      
Alaska State Capitol, Room 121                                                                                                  
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Explained the proposed committee substitute                                                              
for SB 235                                                                                                                      
Annie Carpeneti                                                                                                                 
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Explained SB 240                                                                                         
Major General Phil Oates                                                                                                        
Department of Military &                                                                                                        
  Veterans Affairs                                                                                                              
PO Box 5800                                                                                                                     
Ft Richardson, AK  99505-0800                                                                                                   
POSITION STATEMENT: Presentation to support SB 236                                                                            
Del Smith, Deputy Commissioner                                                                                                  
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
POSITION STATEMENT: Presentation to support SB 236                                                                            
Boyd Brownfield, Deputy Commissioner                                                                                            
Department of Transportation &                                                                                                  
  Public Facilities                                                                                                             
3132 Channel Dr.                                                                                                                
Juneau, AK  99801-7898                                                                                                          
POSITION STATEMENT: Presentation to support SB 236                                                                            
Brad Thompson, Director                                                                                                         
Risk Management                                                                                                                 
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT: Answered questions on SB 236                                                                              
Jay Livey, Deputy Commissioner                                                                                                  
Department of Health &                                                                                                          
  Social Services                                                                                                               
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT: Presentation on SB 236                                                                                    
Mike Conway,                                                                                                                    
Department of Environmental Conservation                                                                                        
410 Willoughby                                                                                                                  
Juneau, AK 99801-1795                                                                                                           
POSITION STATEMENT: Answered questions on SB 236                                                                              
Wayne Rush                                                                                                                      
Department of Military and Veterans Affairs                                                                                     
P.O. Box 5750                                                                                                                   
Ft. Richardson, AK 99505                                                                                                        
POSITION STATEMENT: Testified on SB 236                                                                                       
ACTION NARRATIVE                                                                                                              
TAPE 02-4, SIDE A                                                                                                             
CHAIRMAN  GENE   THERRIAULT  called   the  Senate  State   Affairs                                                            
Committee  meeting to  order at  3:30 p.m.  Present were  Senators                                                              
Davis, Stevens, Phillips and Chairman  Therriault. Senator Halford                                                              
arrived after the meeting began.                                                                                                
The first order of business was SB 235.                                                                                         
         SB 235-EMERGENCY MANAGEMENT ASSISTANCE COMPACT                                                                     
JOE BALASH, staff to the Senate State Affairs Committee,                                                                        
explained the work draft (C version) incorporates the technical                                                                 
amendments requested  at the previous  meeting. The  first appears                                                              
on page  2 and  the second  occurs on  page 10.  The final  change                                                              
comes in response  to a question raised concerning  the activities                                                              
a  volunteer  would  be  engaged   in  and  whether  or  not  that                                                              
individual  would be covered  by the  state's worker  compensation                                                              
program in the event of injury or  death. Wording on page 2, lines                                                              
13  and 14  clarifies that  the volunteer  is providing  emergency                                                              
services that  were requested  by the  Department of Military  and                                                              
Veteran's Affairs for that emergency.                                                                                           
CHAIRMAN   THERRIAULT  reminded   members   the  question   raised                                                              
previously concerned freelance services  versus services that were                                                              
formally  requested for  a  specific emergency.  This  establishes                                                              
that  such freelance  services  will not  be  covered under  state                                                              
worker compensation.                                                                                                            
SENATOR  PHILLIPS asked  if the  changes would  impact the  fiscal                                                              
MR. BALASH said they would not.                                                                                                 
CHAIRMAN THERRIAULT  added the final change should  prevent fiscal                                                              
He asked  for a motion to  accept the C  version of SB 235  as the                                                              
working document.                                                                                                               
SENATOR PHILLIPS moved the C version as the working document.                                                                   
There was no objection.                                                                                                         
CHAIRMAN THERRIAULT asked if there  were any further amendments to                                                              
come before the committee. There  were none. He asked for the will                                                              
of the committee.                                                                                                               
SENATOR  PHILLIPS moved  CSSB 235(STA)  and  attached fiscal  note                                                              
from committee with individual recommendations.                                                                                 
There being no objection, CSSB 235(STA) moved from committee.                                                                   
         SB 239-STATE EMPLOYEES CALLED TO MILITARY DUTY                                                                     
CHAIRMAN THERRIAULT announced there  were no outstanding questions                                                              
from committee members  and there were no requests  for amendments                                                              
from any agencies.                                                                                                              
He then  asked committee  members whether  they had any  questions                                                              
and they did not. He asked for the will of the committee.                                                                       
SENATOR  PHILLIPS  moved SB  239  and  attached fiscal  note  from                                                              
committee with individual recommendations.                                                                                      
There being no objection, SB 239 moved from committee.                                                                          
         SB 240-TERRORISTIC THREATENING/PIPELINE DAMAGE                                                                     
CHAIRMAN  THERRIAULT  announced  there was  a  proposed  committee                                                              
substitute  (CS)  before the  committee  and  a request  from  the                                                              
departments  to  consider  additional  language.  He asked  for  a                                                              
motion to adopt the \C version as the working document.                                                                         
SENATOR  DAVIS moved  to adopt  the \C  version of  SB 240 as  the                                                              
working document. There was no objection.                                                                                       
CHAIRMAN THERRIAULT asked Annie Carpeneti  to explain the proposed                                                              
ANNIE  CARPENETI   from  the  Department  of  Law   explained  the                                                              
amendment  before  the  committee  was the  result  of  additional                                                              
conversations  among state attorneys  general who are  identifying                                                              
areas  of the  law  that should  be  strengthened  to provide  for                                                              
adequate response to crimes committed by terrorists.                                                                            
The first is an amendment to the  conspiracy laws to add three new                                                              
target crimes to the present law. These additions are:                                                                          
   1. Conspiracy to intentionally cause damage to an oil or gas                                                                 
     pipeline or supporting facility.                                                                                           
   2. Terroristic threatening by conspiring to send a dangerous                                                                 
     substance such as anthrax or an imitation substance to                                                                     
     another person.                                                                                                            
   3. Conspiring to commit criminal mischief in the first degree                                                                
     such as tampering with an oil or gas pipeline or supporting                                                                
The second  suggestion  would provide amendments  to the  statutes                                                              
addressing murder in the first degree. It adds:                                                                                 
   1. Intentionally causing damage to an oil or gas pipeline that                                                               
     directly results in the death of a person.                                                                                 
   2. Committing terroristic threatening in the first degree and                                                                
     in the course of or furtherance of the offense or in                                                                       
     immediate flight from that offense, the death of a person is                                                               
     the direct result.                                                                                                         
   CHAIRMAN THERRIAULT asked  for clarification of,  "death during                                                              
   flight from the scene."                                                                                                      
   MS. CARPENETI explained  it refers to perpetrators  fleeing the                                                              
   scene. It does not  apply to one  victim fleeing the  scene who                                                              
   happens to run over another fleeing victim.                                                                                  
   CHAIRMAN THERRIAULT then asked for clarification  of, "a direct                                                              
   result of."                                                                                                                  
   MS. CARPENETI  replied  it  must happen  in  the course  of  or                                                              
   furtherance of the underlying crime. It  can't be an accidental                                                              
   crime  that's  unconnected   to  the  actions  of   the  person                                                              
   perpetrating the underlying felony.                                                                                          
   CHAIRMAN THERRIAULT said the  meaning of, "a direct  result" is                                                              
   clear if  a  pipeline facility  is  blown up  and  a worker  is                                                              
   killed in the explosion, but what about  an individual that has                                                              
   a heart attack?                                                                                                              
   MS. CARPENETI said if the individual is at  the scene and has a                                                              
   heart attack as a result of being present  and under the stress                                                              
   of the explosion  then the law  would apply. However,  it would                                                              
   not apply to injured or  killed firefighters who would  come to                                                              
   put out the fire because  that wouldn't be in the  course of or                                                              
   furtherance of the felony.                                                                                                   
   CHAIRMAN THERRIAULT asked if  there would be a connection  if a                                                              
   bomb struck  the  Capitol Building  and  an  individual in  the                                                              
   State Office Building next door died of a heart attack.                                                                      
   MS. CARPENETI said it probably would not  apply here because it                                                              
   would not  be in the  course of  the explosion  in the  Capitol                                                              
   MS. CARPENETI said the last item covered  in the amendment came                                                              
   as  a   suggestion  from   the   legislative  attorney,   Jerry                                                              
   Luckhaupt, and may  have been  addressed in the  CS. It  is for                                                              
   terroristic threatening in  the first  degree to apply  to real                                                              
   or imitation biological or chemical substances.                                                                              
   CHAIRMAN THERRIAULT  said  it was  not covered  in  the CS  and                                                              
   advised committee members the bill wording  said, "an imitation                                                              
   MS. CARPENETI established if  a real substance such  as anthrax                                                              
   was sent  and  no  one was  harmed  it  wouldn't apply  so  the                                                              
   amendment makes the repair.                                                                                                  
   CHAIRMAN THERRIAULT  noted section 2  of the  CS creates  a new                                                              
   category  of conspiracy  and  he  questioned  why  this  wasn't                                                              
   incorporated into the existing statutes on conspiracy.                                                                       
   MS. CARPENETI pointed out it isn't referring  to conspiracy but                                                              
   criminal  mischief  by damaging  an  oil  or  gas  pipeline  or                                                              
   supporting facility.  She  explained they  brought  this up  to                                                              
   criminal mischief  in  the first  degree  as  a separate  crime                                                              
   because it is only  one act, not  a series of acts.  They could                                                              
   have incorporated this into existing statutes  and had criminal                                                              
   mischief in five  degrees rather than  four degrees,  but doing                                                              
   so   would   require   changing   all   the   other   statutes.                                                              
   Additionally, such a change  would be cause for  some confusion                                                              
   in law  enforcement  because  criminal  mischief in  the  first                                                              
   degree, which is now a class B felony,  would change to a class                                                              
   A felony.                                                                                                                    
   CHAIRMAN  THERRIAULT  announced   his  intention   to  continue                                                              
   working with  the  legal  department  to address  the  drafting                                                              
   choice on section 2.                                                                                                         
   SENATOR PHILLIPS expressed the same concern.                                                                                 
  CHAIRMAN THERRIAULT thought the final document would be ready                                                                 
   next week.                                                                                                                   
   CSSB 240 was held in committee.                                                                                              
              SB 236-HOMELAND SECURITY APPROPRIATIONS                                                                       
   CHAIRMAN THERRIAULT  advised committee  members he intended  to                                                              
   walk through the  bill sections  but would not  pass it  out of                                                              
   committee that day.  He asked Major General  Phil Oates to make                                                              
   the introduction.                                                                                                            
   MAJOR GENERAL  PHIL  OATES,  Adjutant  General for  Alaska  and                                                              
   Commissioner  for  the  Department  of  Military  and  Veterans                                                              
   Affairs, testified  as  the  chairman  of the  Disaster  Policy                                                              
   Cabinet (DPC). He said representatives from  the following five                                                              
   sub cabinets would give  reports on terrorism  preparations and                                                              
   requirements from their perspectives:                                                                                        
     1. Security Overall: Del Smith, Department of Public Safety                                                                
     2. Energy Security: Del Smith, DPS                                                                                         
     3. Information   Technology    Protection:    Dan    Spencer,                                                              
        Department of Administration (DOA)                                                                                      
     4. Transportation Security: Boyd Brownfield, Department of                                                                 
        Transportation and Public Facilities (DOT/PF)                                                                           
     5. Domestic Preparedness and Consequence Management: Jay                                                                   
        Livey, Department of Health and Social Services (DHSS),                                                                 
        Mike Conway Department of Environmental Conservation                                                                    
        (DEC), Wayne Rush, Department of Military and Veterans                                                                  
        Affairs (DMV)                                                                                                           
He  recognized  Mike Mitchell  from  the  office of  the  Attorney                                                              
General,  Navy  Captain  Gary  Klink who  is  the  Alaska  Defense                                                              
Coordinating Officer,  and John Pennington  the FEMA  director for                                                              
region 10.                                                                                                                      
He gave  a brief summary  of the meeting  with President  Bush and                                                              
the head  of Homeland  Security, Governor  Tom Ridge. Every  state                                                              
was  invited to  send  their Homeland  Security  point of  contact                                                              
person to the briefing.                                                                                                         
Governor  Ridge  warned,  "The threat  of  terrorist  attacks  and                                                              
significant  terrorist  attacks   against  our  nation  is  now  a                                                              
permanent part of our lives." Identification  of individual points                                                              
of contact  has been  helpful as states  develop their  plans. The                                                              
immediate task  at hand is  to develop a comprehensive  multi-year                                                              
strategy  with   FEMA  coordinating   preparations,  tasking   and                                                              
applications for training  and exercises. They will  be the agency                                                              
to work with for both preparation for and recovery from attack.                                                                 
Key first steps are:                                                                                                            
   · Build up of public health capacity                                                                                         
   · Reinforce security and commerce across borders with Canada                                                                 
     and Mexico                                                                                                                 
   · Establish a language of alert to allow more specific                                                                       
     warnings to citizens                                                                                                       
   · Develop protocols to deal with large events                                                                                
The following  principles are driving  the policy process  for the                                                              
national security strategy.                                                                                                     
   1. Securing the homeland                                                                                                     
   2. Spending well                                                                                                             
   3. Building a package to raise Homeland Security to a permanent                                                              
     high level                                                                                                                 
   4. Partnerships                                                                                                              
The key elements of the Homeland Security strategy:                                                                             
   · A national and comprehensive approach                                                                                      
   · Established priorities, goals and missions                                                                                 
   · A cross cutting budget plan                                                                                                
   · A comprehensible clear and not too long strategy                                                                           
Following are the new national alert or threat warning levels                                                                   
   · Critical is the highest level                                                                                              
   · Serious                                                                                                                    
   · Alert                                                                                                                      
   · Ready is the base level. Previously "normal" was the base                                                                  
     level but there is no longer a normal.                                                                                     
The Alaska Office  of Homeland Security will build  the mechanisms                                                              
for who  dictates those  threat levels and  who is responsible  at                                                              
private and public  levels to determine who responds  and how they                                                              
His assessment  is  that Alaska  is in  good shape  but it is  not                                                              
prepared to deal with the weapons of mass destruction events.                                                                   
To the frequently  asked question, "Is there a  threat to Alaska?"                                                              
he responds:                                                                                                                    
   · We can be attacked collaterally without being attacked                                                                     
     directly. An anthrax or smallpox incident would be such an                                                                 
   · Our oil infrastructure is significant to Alaska and the                                                                    
     nation and it has points that are vulnerable.                                                                              
   · Homegrown high explosive events such as Oklahoma City are                                                                  
SENATOR PHILLIPS asked whether all 50 states were represented.                                                                  
MAJOR  GENERAL OATES  said participants  included  all 50  states,                                                              
territories and the District of Columbia.                                                                                       
4:05 p.m.                                                                                                                       
MAJOR GENERAL OATES showed a video on terrorism.                                                                                
4:12 p.m.                                                                                                                       
MAJOR  GENERAL OATES  told  committee members  the  DPC is  asking                                                              
legislators for  not just the appropriation  but also for  help in                                                              
determining  the level  of  risk  the state  is  willing to  take.                                                              
Although a weapons of mass destruction  (WMD) event is unlikely in                                                              
Alaska, the  consequences of such  an event could be  greater than                                                              
the  consequences   of  every  event   that  has   happened  since                                                              
statehood. To deal  with such an event they have  tried to develop                                                              
capability  and  capacity  that  covers  the  entire  spectrum  of                                                              
emergency management.                                                                                                           
The  Disaster  Policy  Cabinet  used   the  following  process  to                                                              
determine monetary allocations to  deal with WMD and protection of                                                              
the citizenry:                                                                                                                  
   · Established five sub-cabinets who met and prepared a report                                                                
     to the Governor                                                                                                            
   · The Governor approved the report                                                                                           
   · Legislators received a list of bills for statutory changes                                                                 
     and appropriations                                                                                                         
The principles established to guide efforts of the Disaster                                                                     
Policy Cabinet were:                                                                                                            
        1. Develop things to strengthen existing programs                                                                       
          particularly those that protect and save lives.                                                                       
        2. Improve capabilities for responding to all emergencies                                                               
        3. Identify and protect assets of national and statewide                                                                
        4. Maintain continuity of government operations at all                                                                  
        5. Reinforce first responder capabilities                                                                               
        6. Use deployable resources to augment areas with                                                                       
          inadequate capabilities                                                                                               
        7. Maintain an appropriate balance between security and                                                                 
          individual freedom                                                                                                    
       8. Maintain the ability to communicate at all times                                                                      
        9. Maximize the use of existing or anticipated federal                                                                  
          programs and grants                                                                                                   
      10. Share costs at all levels both public and private                                                                     
Key assets in Alaska that need to be protected are listed in the                                                                
report and range from:                                                                                                          
   · Utilities and protecting water sources                                                                                     
   · Protecting cruise ships and gatherings of tourists                                                                         
   · Protecting strategic position on the Pacific Rim                                                                           
   · Protecting military infrastructure and growing programs                                                                    
   · Protecting key state and federal buildings                                                                                 
The cabinet recognizes:                                                                                                         
   · There is no specific threat that exists against Alaska                                                                     
     currently that requires calling out a greater level of                                                                     
     protection but that could change at any time.                                                                              
   · The less protected you are, the more obvious you become as a                                                               
     target. Terrorist history is attacking targets that are less                                                               
     well protected.                                                                                                            
   · Terrorists are able to share and send information and mass                                                                 
   · There are good interagency processes.                                                                                      
   · The most likely attacks would be high explosive.                                                                           
   · Chemical, biological, nuclear and radiological attacks are                                                                 
     less likely but more catastrophic.                                                                                         
What are the practiced procedures in place now for a strong                                                                     
response to an emergency?                                                                                                       
   1. A strong Office of the Governor                                                                                           
   2. An Adjutant General who is also the emergency manager                                                                     
   3. A federal response plan that is reinforced from national,                                                                 
   4. A Disaster Policy Cabinet that meets and  gives the governor                                                              
     and legislature coordinated recommendations on how to                                                                      
     respond with resources currently in possession                                                                             
   5. The governor is able  to declare a  state disaster  then ask                                                              
     for federal disaster designation                                                                                           
   6. There is a State Emergency Operations Plan  to cover primary                                                              
     and supporting departmental responsibilities                                                                               
   7. There is   a  State   Emergency  Coordination   Center  open                                                              
     365/24/7's and a State Emergency Response Commission                                                                       
   8. There are hazardous  materials  working groups  that can  be                                                              
     deployed throughout the state                                                                                              
   9. First responder money will provide level A  HazMat units for                                                              
     Juneau and Valdez and police will receive level B protection                                                               
4:20 p.m.                                                                                                                       
TAPE 02-4, SIDE B                                                                                                             
The Emergency  Management Assistance Compact (EMAC)  partners with                                                              
all states. It puts  resources on a duty roster basis  so you know                                                              
where  you  are  in  the queue  to  help  other  states  and  have                                                              
mechanism  where  those resources  are  paid  for and  you're  not                                                              
responsible for  any of  the actions while  they respond.  A state                                                              
may also  keep those  resources in  state if  there is an  ongoing                                                              
emergency there.                                                                                                                
The  National Guard  offers  a unique  ability  to  respond to  an                                                              
emergency. It is uniquely postured  and situated for critical site                                                              
defense for  operations in  hazardous material  and to have  a WMD                                                              
civil support team                                                                                                              
The  general  State of  Alaska  priorities  that flowed  from  DPC                                                              
   · The  ability to  respond depends  on a  strong public  safety                                                              
   · Public  health, pharmaceutical  and laboratory capability  is                                                              
     inadequate for a large air disaster much less a WMD event                                                                  
   · Need  the ability  to deploy civil,  government and  military                                                              
   · Need better training program  and equipment for 1  responders                                                              
   · Need to continue improving communication systems                                                                           
The Office of  Homeland Security is needed to get  programs up and                                                              
   · This  office  is  not  a  permanent  addition  to  the  state                                                              
   · This  office  provides  a dedicated  effort  to  get  federal                                                              
     funding, grants and first responder money and not compete                                                                  
    with emergencies that are handled on a day to day basis.                                                                    
   · The office has a director at the senior level and                                                                          
     individuals from the key departments.                                                                                      
   · This office will conduct a survey of key entities so the                                                                   
     state  will comply  with  the nationally  designated  warning                                                              
     systems. They will  identify who is there to  protect at each                                                              
     level  of  threat  and  who has  the  authority  to  identify                                                              
     threats and call up a higher level of protection.                                                                          
   · It will provide procedures for who to call, how to respond                                                                 
     and how to practice or train.                                                                                              
MAJOR  GENERAL  OATES  asked  for   direction  to  facilitate  the                                                              
deliberations on this important issue.                                                                                          
CHAIRMAN THERRIAULT asked if the  points made were from the entire                                                              
list or just  the prioritized list  that came through in  the form                                                              
of the Governor's bills.                                                                                                        
MAJOR  GENERAL  OATES  said  the list  includes  the  most  urgent                                                              
priorities and the recommendations  for the longer term. They have                                                              
established the  State of Alaska  priorities and these  are "cross                                                              
walked"  with the actual  physical requirements  and the  requests                                                              
that they are presenting.                                                                                                       
CHAIRMAN  THERRIAULT then  asked  about notes  in the  spreadsheet                                                              
margins  that say,  "may need  legislation." He  advised a  fiscal                                                              
note should be attached to a piece of legislation.                                                                              
MAJOR GENERAL OATES said they would  probably be addressed line by                                                              
line  during  the next  meeting.  They  do  have the  full  budget                                                              
submission  backing up the  spreadsheet that  is included  to give                                                              
more information on each of the requirements.                                                                                   
CHAIRMAN THERRIAULT asked how much  had been incorporated into the                                                              
2003 budget discussions.                                                                                                        
MAJOR GENERAL OATES said this is  a stand-alone package and is not                                                              
included in the Governor's budget.                                                                                              
SENATOR PHILLIPS  asked whether  there are  any other states  that                                                              
are better prepared than Alaska.                                                                                                
MAJOR GENERAL OATES  replied the actions taken to  date put Alaska                                                              
at the  head of the  list, but Alaska  has some unique  challenges                                                              
due to size and geography.                                                                                                      
SENATOR PHILLIPS  then asked  if anyone has  looked at  the Israel                                                              
MAJOR  GENERAL  OATES  said  that's  a  great  observation.  Their                                                              
procedures work well but they have  more controls on freedoms than                                                              
in the United States.                                                                                                           
SENATOR PHILLIPS said  his point is that he wants  to know whether                                                              
their criteria  for program development for self-defense  has been                                                              
examined and are those findings applied here.                                                                                   
MAJOR GENERAL  OATES said from his  experience it is. It  is clear                                                              
we need to learn from their experience.                                                                                         
CHAIRMAN THERRIAULT called for the first agency report.                                                                         
4:30 p.m.                                                                                                                       
PUBLIC SAFETY AND ENERGY SECURITY                                                                                             
DEL  SMITH,  Deputy  Commissioner  of  the  Department  of  Public                                                              
Safety, said his  subcommittee report covers overall  security and                                                              
security in the energy industries.                                                                                              
Their  considerations  focused  upon  the  Alyeska  Pipeline,  the                                                              
infrastructure at its terminus and  the infrastructure located for                                                              
the production  on the Slope.  They involved both  state officials                                                              
and private pipeline  security personnel in their  discussions. As                                                              
a result  of their discussions, there  is now a checkpoint  on the                                                              
Dalton  Highway south  of  the Yukon  River  Bridge that  provides                                                              
needed security at a vulnerable point on the pipeline.                                                                          
They  focused   primarily  on  national  level   implications  for                                                              
disasters or attack  and determined the economic  impact of losing                                                              
the pipeline is most critical. There  are production facilities on                                                              
the Kenai  Peninsula and  other areas of  the state where  private                                                              
companies provide  most of the security resources.  State troopers                                                              
and local police augment those forces in times of concern.                                                                      
One of their recommendations was  to ensure that the border points                                                              
manned by  the federal government  have continuous  T-1 telephonic                                                              
dial-up  capabilities  to  the  national   database  for  checking                                                              
They asked  for additional state  trooper personnel  and equipment                                                              
because  there weren't  the resources  available  in Anchorage  on                                                              
September  11 to  respond  to any  emergency  beyond that  already                                                              
They tried  to determine points  of national concern  and security                                                              
for Alaska and provide protection by:                                                                                           
    1. Screening those who come into the state through INS                                                                      
    2. Establishing stations to practice with the military, FBI                                                                 
      and others to respond to attacks on the pipeline                                                                          
    3. Supplementing pipeline security and the corridor and other                                                               
      areas of the state by having people who can respond                                                                       
CHAIRMAN THERRIAULT asked about the  recommendation listed on page                                                              
6 to  add one  civilian member to  a permanent  post south  of the                                                              
Yukon River Bridge on the Dalton Highway.                                                                                       
MR.  SMITH explained  this would  be a  post whose  responsibility                                                              
covers  the  entire  pipeline corridor  and  this  position  would                                                              
provide the clerical support.                                                                                                   
CHAIRMAN THERRIAULT  then asked if there was  justification, other                                                              
than  simply increased  presence,  for adding  six constables,  20                                                              
village public safety officers (VPSOs).                                                                                         
MR. SMITH  replied they have tried  to work with the  Alaska State                                                              
Troopers  to establish  a three-tier approach  to law  enforcement                                                              
outside of cities. The VPSOs are  the most local and are the first                                                              
responders in many parts of Alaska.                                                                                             
CHAIRMAN THERRIAULT  then commented  he can see justification  for                                                              
the level  B HazMat suit request  for existing personnel,  but not                                                              
for increases in areas that aren't  readily identified as areas of                                                              
SENATOR DAVIS asked for an interpretation of total costs.                                                                       
MR. SMITH said the totals listed  cover the requests for personnel                                                              
for 2002 and 2003.                                                                                                              
There were no additional public safety questions.                                                                               
4:45 p.m.                                                                                                                       
TRANSPORTATION SECURITY                                                                                                       
BOYD   BROWNFIELD,  Deputy   Director  for   Operations  for   the                                                              
Department   of  Transportation   (DOT),   informed  members   the                                                              
following important  aviation fundamentals have not  changed since                                                              
September 11 and are unlikely to do so.                                                                                         
   1. Basic FAA process, regulations and funding programs are                                                                   
   2. FAA concerns for airport safety, security, maintenance and                                                                
     operation, management and staff proficiency requirements are                                                               
Security and safety now clearly share priority one.                                                                             
The  FAA has  instituted  many  new, unfunded  mandates  demanding                                                              
rapid response  without regard to  specific funding  mechanisms or                                                              
paybacks. They  issued narrow parameters  for the use  of National                                                              
Guard  assets  severely  limiting  airport  managers  to  properly                                                              
manage  airport resources.  There  were significant  increases  in                                                              
demand  for more  law enforcement  officers (LEOs)  that were  not                                                              
available and not funded.                                                                                                       
DOT  has  worked with  the  FAA  to gain  authorization  for  more                                                              
liberal  use of National  Guard troops  at airports,  to obtain  a                                                              
waiver from both the 300-foot no  use offset in front of all rural                                                              
airports and  the requirement that  LEOs be physically  present at                                                              
the rural airports.                                                                                                             
DOT must  consider that rural airports  could be viewed  as a weak                                                              
link whereby  terrorists could enter  into the secure side  of the                                                              
national  airport system  to  position  for an  attack  to a  more                                                              
lucrative target.                                                                                                               
The Alaska  Marine Highway  and Alaskan  road and bridge  security                                                              
and safety  considerations are  similar to aviation  requirements.                                                              
Vulnerabilities  are being assessed  and federal funding  is being                                                              
vigorously pursued.                                                                                                             
The Homeland Transportation subcommittee has three sub groups.                                                                  
        1. Surface transportation including highways, bridges and                                                               
        2. Aviation including Ted Stevens Airport, Fairbanks                                                                    
          International, and the rural airports                                                                                 
        3. Marine highway system including the Alaska Marine                                                                    
          Highway, ports and harbors and cruise ship security                                                                   
Each subgroup focused on five particular issues.                                                                                
        1. Status of existing assets                                                                                            
        2. Security currently in place                                                                                          
        3. Vulnerability aspects                                                                                                
        4. Establishment of security priorities                                                                                 
        5. Long and short range recommendations for increased                                                                   
Common themes across subgroups:                                                                                                 
        1. Prevention                                                                                                           
        2. Mitigation                                                                                                           
        3. Preparedness and contingency planning                                                                                
        4. Communication                                                                                                        
        5. Emphasis on security                                                                                                 
        6. Training                                                                                                             
The final report explains the transportation  security sub-cabinet                                                              
efforts and conclusions in detail  and has all the recommendations                                                              
that they made.                                                                                                                 
DOT is  taking on  a high  level, high  visibility, proactive  and                                                              
responsive  security role  that,  prior to  September  11, was  of                                                              
minor consequence. There  is a clear need for it  to have a single                                                              
focus  point to  address, coordinate  and  integrate the  security                                                              
measures  of all  transportation modes  throughout the  department                                                              
and coordinate with others such as Alaska Airlines.                                                                             
SENATOR PHILLIPS  asked what protection  is provided for  the Port                                                              
of Anchorage, the railroad and Elmendorf.                                                                                       
MR. BROWNFIELD  replied they  have been working  with the  Port of                                                              
Anchorage and it is a high priority.                                                                                            
SENATOR  PHILLIPS expressed  his opinion  that protection  of that                                                              
area is second in importance only to the pipeline.                                                                              
TAPE 5, SIDE A                                                                                                                
5:10 p.m.                                                                                                                       
CHAIRMAN  THERRIAULT asked  for information  on purchasing  short-                                                              
term war  risk insurance because  current insurance  doesn't cover                                                              
terrorist attacks.                                                                                                              
MR. BROWNFIELD explained this isn't  insurance on assets rather it                                                              
is liability insurance.                                                                                                         
INFORMATION TECHNOLOGY PROTECTION                                                                                             
BRAD  THOMPSON,  Director  of Risk  Management  Division  for  the                                                              
Department of Administration,  explained war risk is  a label used                                                              
for  the two  insurances  directly affected  by  the September  11                                                              
terrorist attack. The State of Alaska  self-insures the normal and                                                              
known anticipated loss  and then acts as an insurer  by reinsuring                                                              
for catastrophic  protection. Prior  to 9/11, the  state purchased                                                              
$500 million in limits of liability  insurance annually to protect                                                              
for  the  ownership  and  operation   of  aircraft,  airports  and                                                              
spaceport.  Aviation  policies  carry  an exclusion  for  acts  of                                                              
vandalism and  terrorism that are  normally endorsed back.  On the                                                              
endorsement  is a clause  that the  underwriter  has the right  of                                                              
cancellation  upon seven days  notice. On  September 17  the state                                                              
received notice of such cancellation  for both aviation and marine                                                              
protection. Other policy  forms were not affected and  as yet have                                                              
no exclusion for those types of events.                                                                                         
They have  since purchased  back the  liability coverage  they had                                                              
prior to  September 11. The marine  policy has hull  and machinery                                                              
coverage as  well as  protection and  indemnity coverage  for crew                                                              
and  passenger   injuries.  Component  costs  are   shown  in  the                                                              
breakouts  under the  DOT payments  for 2002  and estimations  for                                                              
5:15 p.m.                                                                                                                       
DOMESTIC PREPAREDNESS AND CONSEQUENCE MANAGEMENT                                                                              
JAY LIVEY,  Deputy Commissioner for  the Department of  Health and                                                              
Social  Services,  stated  he  is   co-chair  on  the  consequence                                                              
management  sub-group  that  examined  biological  and  bio-terror                                                              
events.  Identifying that  a bioterrorist  attack is occurring  is                                                              
not  always obvious  and therefore  some of  the consequences  are                                                              
They established the following objectives:                                                                                      
     1. Mount a  coordinated response  to  terrorist attacks  from                                                              
        all levels of government.                                                                                               
     2. Have sufficient trained  personnel at the state  and local                                                              
        level to respond to an attack.                                                                                          
     3. Have a reliable  communication system to  support response                                                              
        to a terrorist attack.                                                                                                  
     4. Provide state  and local  first  responders with  material                                                              
        and  equipment  they   need  to  safely   and  effectively                                                              
     5. Provide local and state responders  and emergency planners                                                              
        the  opportunity  to  practice  coordinated  responses  to                                                              
Strategies developed to attain objectives:                                                                                      
   1. Recognized the need for quick action to expand the state's                                                                
     response  capability  with   regard  to  hazardous  materials                                                              
        a. Recommended the complete training and outfitting of the                                                              
          National Guard 103 HazMat Unit for statewide                                                                          
   2. Recognized the need for reliable and rapid communication                                                                  
     system  particularly  for  health care  providers  and  first                                                              
        a. Complete Alaska Health Alert Network                                                                                 
        b. Phase in the implementation  of the Alaska  Land Mobile                                                              
          Radio System                                                                                                          
   3. Recognized the holes in the Public Health system that needed                                                              
     to be filled to respond to a bioterrorist attack.                                                                          
        a. Additional   Public    Health   nursing,    laboratory,                                                              
          epidemiological support                                                                                               
        b. Identify the characteristic of  any disease and  plan a                                                              
          response to that disease                                                                                              
        c. Measure whether  the  plan  is  having  any  mitigating                                                              
   4. Recognized the need to do more training of first responders,                                                              
     local  law  enforcement  and  firefighters and  to  test  all                                                              
5:27 p.m.                                                                                                                       
SENATOR PHILLIPS asked whether they are coordinating with local                                                                 
governments on water source and identifying  potential weak spots.                                                              
MIKE CONWAY,  Director of Statewide  Public Service  Division with                                                              
the  Department of  Environmental  Conservation, replied  it is  a                                                              
federal,  state  and locally  coordinated  effort  with the  water                                                              
utility as the primary floor for security protection.                                                                           
They  are hoping  to  receive federal  funds  to conduct  drinking                                                              
water  source  protection  risk  assessments.  The  Department  of                                                              
Natural Resources  is working with  the Municipality  of Anchorage                                                              
because it has the biggest surface water source.                                                                                
SENATOR PHILLIPS  asked what is being  done now. He used  the AWWU                                                              
Eklutna Water Project as an example  because it provides "about 90                                                              
percent of the water for most residents in Alaska."                                                                             
MR. CONWAY said  Eklutna Lake is under increased  security efforts                                                              
by the municipality  and federal mandates have  also targeted that                                                              
source for stepped up measures.                                                                                                 
SENATOR  PHILLIPS stressed  time is  of the essence  and he  would                                                              
like   to  see   timelines   established.   Eklutna  Lake   simply                                                              
illustrates the problem.                                                                                                        
WAYNE RUSH, Division of Emergency  Services with the Department of                                                              
Military  and  Veterans  Affairs  (DMVA), stated  the  number  one                                                              
priority for the  state is the creation of the  Office of Homeland                                                              
Security  staffed with  representatives from  DMVA, DEC,  DNR, HSS                                                              
TRA,   Public   Safety   and   Administration.   Questions   about                                                              
prioritization and  coordination of effort highlight  the need for                                                              
this office.                                                                                                                    
The core duties of the Homeland Security Office are:                                                                            
    · Assist intelligence analysis and dissemination                                                                            
    · Maintain a specific threat assessment                                                                                     
    · Develop protocols to respond to weapons of mass destruction                                                               
    · Work with the national office of Homeland Security and the                                                                
      many other federal agencies involved with that office such                                                                
      as FEMA, DOD, DOJ, Coast Guard, FAA, CDC, FBI                                                                             
    · Provide the governor expert Homeland Security advice                                                                      
    · Coordinate WMD planning, training and exercises                                                                           
    · Develop program budgets and manage WMD terrorism Homeland                                                                 
      Security grants                                                                                                           
    · Provide a single Homeland Security communications conduit                                                                 
    · Develop and review legislative actions and proposals                                                                      
    · Establish and disseminate threat level criterion procedures                                                               
    · Assist utilities and other infrastructure with security                                                                   
The Disaster  Policy Cabinet envisioned  the office  as transitory                                                              
with its  continuing requirements  handed off  to the Division  of                                                              
Emergency Services.                                                                                                             
At the close of his report he stressed  the continued need to keep                                                              
the  State  Emergency   Coordination  Center  on   an  operational                                                              
365/24/7  schedule.  It's imperative  in  light  of the  terrorist                                                              
threat  to  Alaska and  the  country  and was  amply  demonstrated                                                              
during  the  September  11 disaster  and  subsequent  bioterrorism                                                              
CHAIRMAN THERRIAULT held SB 236 in committee.                                                                                   
CHAIRMAN THERRIAULT adjourned the meeting at 5:35 p.m.                                                                          

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