Legislature(2003 - 2004)
04/05/2004 02:08 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 385-SECURITY;DIV. HOMELAND SECURITY/EMER. MGT
The committee took up SB 385.
CHAIR DYSON said he understands that in response to terrorism
threats, the governor has issued an executive proclamation to
coordinate activities, the administration has prepared a house
bill, and the HES committee has sponsored SB 385.
MR. DAVID LIEBERSBACH, acting assistant commissioner for the
Office of Homeland Security and Emergency Management, and
Director of the Alaska Division of Emergency Services within the
Department of Military and Veteran's Affairs, testified that the
primary purpose of SB 385 is to revise AS 26.20, a statute
enacted in 1951, and to update it to reflect the current
situation with homeland security. For the most part, "civil
defense" references in existing statute will now reflect
"homeland security and civil defense." This bill is not related
to the federal Patriot Act, but is a result of Alaska needing to
include homeland security. Mr. Liebersbach explained SB 385
would consolidate the Division of Homeland Security and Division
of Emergency Services, and eliminate the position of assistant
commissioner (his position); there would be one instead of two
directors. There is a zero fiscal note, and if successful,
$100,000 would be given back.
MR. LIEBERSBACH referenced AS 26.20, and said SB 385 would
repeal obsolete provisions, and gave the following examples: 1)
authorizing the establishment of local organizations for civil
defense, with authority to issue orders and adopt regulations;
2) giving civil defense orders and regulations adopted by the
governor, DMVA, local districts, and other authorized agencies,
the "effect of law;" 3) automatically suspending conflicting
laws, ordinances or regulations; 4) directing the federal
government and local law enforcement to enforce civil defense
orders and regulations; and 5) prohibiting civil defense
organizations from participating in any form of political
activity. SB 385 would also formalize the combining of
personnel from the Division of Emergency Services and DMVA;
Alaska's homeland security issues will be coordinated by the
DMVA.
CHAIR DYSON noted that concerns have been expressed by other
divisions/departments such as DPS, DEC, and [DOT&PF], and asked
Mr. Liebersbach to comment.
MR. LIEBERSBACH replied the solutions to those concerns have
been incorporated into the final draft of SB 385. "Direct" has
been modified to "coordinate," so that DMVA will not be
directing personnel of other agencies without expressed
authorization for delegation by the governor, as "these
departments are all directed by the governor." There was also
concern about DPS authority to establish roadblocks. DMVA will
only assist in manning or taking care of roadblocks in
consultation with DOT&PF and DPS. There are instances where
National Guard personnel or state defense forces can staff
roadblocks, since troopers don't have that capability. During
the holiday season in Valdez, this was done to provide personnel
to staff roadblocks during a heightened security situation.
CHAIR DYSON asked Mr. Liebersbach about other concerns DPS might
have.
TAPE 04-19, SIDE B
CHAIR DYSON asked if DPS was aware of the meeting today.
MR. WES KELLER, staff to Chair Dyson, responded DPS was aware of
this meeting; he was not sure if [DOT&PF] was aware of the
meeting.
MR. LIEBERSBACH said concerns of DEC, DOT&PF, and DPS were with
the oversight of homeland security planning, and the directing
of plans by those agencies. That language was revised to
"coordinating the plans" rather than "directing them."
CHAIR DYSON referred to the deletion of "districts of the
state," and asked if this was in reference to judicial
districts.
MR. LIEBERSBACH said he didn't know but would find out. Every
agency of the state has districts or regions that are different;
they recognize political subdivisions and local political
authority. He said he didn't know of existing civil defense
districts currently in use.
CHAIR DYSON referenced p.2, lines 26 and 27, and considered
including British Columbia (B.C.) and the Yukon Territory, but
said this may already be covered in paragraph (3). He asked
about Mr. Liebersbach's reference to training a state defense
force to be military police. At the end of that process, if the
governor declares an emergency, some police powers - such as
arrest - would be involved; he asked if this was correct.
MR. JOHN CRAMER, Director, Division of Administrative Services,
Department of Military and Veteran's Affairs, said he believes
the volunteers would not have arresting powers, but would be
utilized and activated during times of disaster or crises. The
training process includes a military police-type academy, and at
the end of that training, they are considered to be constables.
MR. LIEBERSBACH added that before being certified, there is
orientation and oversight from the state troopers. Generally
those people work in conjunction with either local or state law
enforcement so someone from those agencies is supporting or
working with them.
CHAIR DYSON asked about concern that this had an intrusive
Patriot Act aspect.
MR. CRAMER explained that earlier iterations of HB 185 (from
last year) included provisions in proposed language that would
have allowed the Division of Homeland Security to exercise
certain powers. Some of those had to do with confiscating
certain assets or equipment; that language has been taken out of
the bill.
CHAIR DYSON asked if there was a provision in state law, or this
bill, providing that if equipment in private ownership is
needed, it could be commandeered for public purpose for a period
of time.
MR. CRAMER said he believes that assumption is correct, that
existing law allows for the state, in certain instances, to
acquire personal property, and there must be fair compensation
for its use. He said he didn't believe this was included in
this legislation.
CHAIR DYSON read from page 7, line 29, as follows: "plan and
make arrangements for the availability and use of private
facilities, services, and property and, if necessary..." and
asked if "property" included, not only real estate, but also an
airplane, boat, or dump truck. He suggested possibly defining
"property" to include other useful equipment. He also suggested
that - throughout the bill - the use of "coordination" of
federal, state, local and private agencies, also include cross-
border coordination, "to work with our neighbors."
MR. LIEBERSBACH said under AS 26.23, the governor has authority
to enter into compacts with other states and bordering
provinces. Under that authority, recognized by the U.S.
Congress, Alaska entered into a compact with the Yukon
Territory, British Columbia, Washington, Oregon, and Idaho, for
exactly this type of work. He added, "We could bring that
forward."
CHAIR DYSON said, "Only if you think it is necessary." He noted
Idaho and Montana have been working with B.C. and Alberta and
have addressed practicalities such as firefighting equipment,
air fuel capacity, equipment and personnel compatibility, and
border crossing documentation.
MR. LIEBERSBACH said a homeland security exercise was already
scheduled for September with the Yukon Territory, but they could
look into this issue further.
CHAIR DYSON announced SB 385 would be held in committee until
Wednesday.
MR. AL STOREY, Division of State Troopers, testified they had
not yet seen a copy of SB 385, and would get back with the
committee later in the week.
CHAIR DYSON asked that the commissioner be notified that most of
his concerns had been addressed.
There being no further business to come before the committee, he
adjourned the meeting at 3:12 p.m.
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