Legislature(2001 - 2002)
2002-01-16 Senate Journal
Full Journal pdf2002-01-16 Senate Journal Page 1957 SB 238 SENATE BILL NO. 238 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "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." was read the first time and referred to the State Affairs and Transportation Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities Governor's transmittal letter dated January 14, 2002: Dear President Halford: This bill I transmit today contains recommendations of the Administration's Terrorism Disaster Policy Cabinet convened in th response to the attacks of September 11. It is one of six bills I am forwarding for the Legislature's consideration to ensure Alaska is fully prepared in terrorism prevention and emergency response. This bill relates to plans and programs for the security of state facilities and systems. This bill would assist the Department of Transportation and Public Facilities (DOT&PF) and its Alaska International Airports System and rural airport network in responding to the need for increased security since the tragic events of September 11. It would also enable all state agencies, including the DOT&PF, to maintain the confidentiality of their sensitive security plans. 2002-01-16 Senate Journal Page 1958 Specifically, the bill would allow the DOT&PF to impose civil administrative penalties of up to $1,100 per incident for violations of an airport security program. Currently, the Federal Aviation Administration (FAA) may assess a civil penalty of up to $1,100 against the DOT&PF for violating any of the department's FAA- approved airport security programs. Although the FAA considers the DOT&PF to be the violator for federal regulatory purposes, nearly all violations are the result of conduct of employees of airport tenants and contractors. Usually, the DOT&PF passes these fines on to its tenants and contractors. This situation, however, is an unsatisfactory way to get airport tenants and contractors to correct security problems because it requires the DOT&PF to invite the FAA to punish that department in order to charge the penalty to the violator. The DOT&PF should be able to directly assess civil penalties against its contractors, lessees, and licensees, and their agents and employees, for violating a security program. This will make those responsible for security more vigilant and responsive to the increased needs. It is anticipated the DOT&PF would adopt regulations that would set out the procedures for the assessment of penalties and would establish an appeals process to meet the constitutional requirements of due process. The bill also would add an exclusion to the list of state records that are available for public inspection and copying to allow for confidentiality of certain security and safety documents and information. Similarly, the bill allows a new exemption from the public notice provisions and procedures for adopting regulations so that regulations regarding certain security plans, programs and procedures may be protected information. Specific exemptions from these requirements of the Administrative Procedure Act already exist, such as prison security plans for the Department of Corrections. Thank you for your prompt consideration of this bill. Sincerely, /s/ Tony Knowles Governor