Legislature(2003 - 2004)
04/07/2004 05:45 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 his understanding from the commissioners of
DPS, DOT and DEC is there are no problems with this, and he
hopes to pass the bill out of committee.
BRIG. GEN. CRAIG CAMPBELL, Adjutant General for National Guard
of Alaska, and Commissioner for Department of Military &
Veterans Affairs, began his testimony by apologizing for not
being at Monday's meeting [4/5/04] due to scheduling conflicts.
SB 385 refers to the emergency services and civil defense code
in statute and makes the necessary adjustments to actively and
correctly handle the homeland security mandate that's upon
Alaska and every other state. He clarified that the old law
refers to districts, and "we're taking all that out." In 1951,
when the original code was passed, it was under the civil
defense authority that the Senate and the House allowed for
establishing districts for civil defense; Alaska never opted to
do that, so the decision was made to eliminate that unnecessary
reference. Another issue from Monday's meeting was property.
It is referenced to be able to confiscate and use property, and
the question was, "Is it real or personal property or both?"
That has been reviewed with the attorney, and the way it's
written is passive, so it can be either personal or real
property. Not just land or structures, but it could include
other things necessary to conduct business in Homeland Security.
CHAIR DYSON asked if this included airplanes or boats.
COMMISSIONER CAMPBELL confirmed this was part of the real
property and would be covered.
CHAIR DYSON asked, "But only when the governor declares an
impending or actual emergency?"
COMMISSIONER CAMPBELL said, "That's the big issue of this whole
statute, and that's the important part, is setting up the
authority to do this." He said it wouldn't be given to his
department or DPS unless the governor declares a higher state of
threat and publicly declares it in the state. A disaster policy
cabinet then meets and recommends actions that need to be taken
to the governor, who in turn has to make the declaration to do
that. There's a multi-step process whereby the governor
declares the authority to implement that, which would not be
allowed in a day-to-day routine operation.
CHAIR DYSON said that under the governor's emergency powers, he
"has much of that already" and what's being done here is
integrating existing concepts into the new organization and the
re-distribution of these responsibilities.
COMMISSIONER CAMPBELL confirmed that was correct. He outlined
emergency management today as meeting to declare an emergency,
and taking it to the governor who would review and approve it as
appropriate. He pointed out the questions for Homeland Security
as, "When do you go to a level orange? When do you go to a
level red? What do you do at level orange? What do you do at
level red?" This establishes a statute allowing for replication
of the emergency services process in Homeland Security; that is
the intention.
COMMISSIONER CAMPBELL addressed the question, "Do we have any
ability to have agreements with Canada, with Canadians?" In
this statute, there are several references to having agreements
with other jurisdictions, and it specifically mentions
"provinces" in two separate places. That was deliberately done
to recognize an agreement with Canada and to establish those
types of relationships.
CHAIR DYSON said he saw this reference but "provinces" or "other
countries" wasn't included in all the sections that refer to
coordination. He asked if the inclusion was a logical and legal
inference, if it carries through.
COMMISSIONER CAMPBELL said yes, and explained that page 8, lines
14-16 establishes the right for reciprocal aid agreements with
other governments, but it doesn't go into details on what those
are. This grants the ability to negotiate those agreements with
other jurisdictions, including provinces of Canada, to
established needs. He referred to the issue of authority,
noting that Chair Dyson had not received objection from DPS or
DOT on the issue of authority. He explained that currently,
when it comes to setting up a checkpoint or a roadblock on a
roadway, it's designed to be done - as state troopers and police
will do - in response to criminal activity. "We're in a
different world in Homeland Security." Establishing a
checkpoint on a road where one can't demonstrate there's already
been something criminal that's happened is difficult to do
without statutory authority. SB 385 absolutely establishes
that right and the ability for DMVA, in coordination with DPS to
set up those checkpoints.
COMMISSIONER CAMPBELL referred to the checkpoints established at
the Dalton Highway in Valdez over the holidays. State defense
forces and the National Guard were manning those checkpoints and
worked with the state troopers. Although this was executed
correctly, lawyers said, "We can't find the authority to execute
it." Today at 11:00 a.m., a cabinet meeting with Commissioner
Tandeske, Commissioner Barton, and lawyers from those
departments reviewed SB 385 and the proposed amendments,
ensuring concurrence that the authority was written properly.
He said he was satisfied that, as written, SB 385 allows for
manning the checkpoints. Commissioner Tandeske is satisfied
that it keeps public safety's control of checkpoints, blockages,
and rights-of-way.
MR. DAVE LIEBERSBACH, Acting Assistant Commissioner for the
Office of Homeland Security and Emergency Services, and the
Director of Division of Emergency Services within DMVA,
presented Amendment 1.
SENATOR GRETCHEN GUESS moved Amendment 1.
CHAIR DYSON objected for purposes of discussion.
MR. LIEBERSBACH reviewed the following changes incorporated in
Amendment 1 [made available from DMVA]:
Page 3, line 18
Following "coordinate"
Insert "with"
Page 6, lines 6-10:
Delete "(14) when the governor orders state action in
response to a high or severe threat of attack, at the direction
of the governor and in coordination with the Department of
Public Safety, establish and operate checkpoints for the
reasonable inspection of persons and vehicles for weapons or
explosives, using state roads, state property, or state
facilities"
Page 10, line 19:
Following "designee"
Insert "of the adjutant general, in consultation with
the commissioner of public safety or a designee of the
commissioner of public safety,"
Page 10, following line 19:
Insert a new bill section to read:
*Sec. 9. AS 26.20.100 is amended to read:
Sec. 26.20.100. Traffic control. In coordination
with the department of public safety and the department of
transportation and public facilities, the [THE] department
may
(1) formulate and execute plans and regulations for
the control of traffic for the rapid and safe movement of
evacuation over public highways and streets of people,
troops, or vehicles and materials for homeland security and
civil defense [NATIONAL DEFENSE OR FOR USE IN A DEFENSE
INDUSTRY, AND MAY COORDINATE THE ACTIVITIES OR AGENCIES OF
THE STATE AND OF THE DISTRICTS CONCERNED WITH PUBLIC
HIGHWAYS AND STREETS, IN A MANNER THAT WILL BEST CARRY OUT
THOSE PLANS]; and
(2) establish and operate checkpoints along private or
public roadways serving critical property or facilities in
the state, at the direction of the governor when the
governor determines that a sufficiently high threat of
attack exists to warrant such action. The checkpoints
established under this subsection may be in conjunction
with closure of the roadway under AS 19.10.100. Operation
of a checkpoint shall be limited to enforcement of the
roadway closure or reasonable inspection of persons and
vehicles for weapons, explosives, chemicals, biological or
biochemical agents, or other instruments capable of causing
widespread of severe injury to persons or property.
Renumber the following bill sections accordingly.
Page 14, line 5:
Delete "firearms,"
Insert "[FIREARMS,]
Page 15, line 26
Delete "26.20.100,"
MR. LIEBERSBACH explained that "firearms" was deleted because it
nd
might raise concerns related to the 2 Amendment of the U.S.
Constitution, the right to bear arms. The limit of sale and
dispensing was as much a concern as was limiting the
transportation of firearms, i.e. not being able to carry hunting
rifles in vehicles.
CHAIR DYSON asked if this change would reduce the department's
authority to take away an illegal firearm if, for example a
felon had a firearm.
MR. LIEBERSBACH said it does not reduce that capacity, and the
authority lies with the troopers; they still have all of their
authority.
CHAIR DYSON asked if National Guard forces, under a declaration
of emergency, have similar police powers to troopers, even
though this is structured so that they will be working under the
supervision of a trooper.
MR. LIEBERSBACH stated that the last change should not read as
the deletion of "26.26.100" but rather, as follows:
Page 15, line 26
Delete "26.20.100"
This would not repeal "26.20.100."
CHAIR DYSON moved to amend Amendment 1 to make the above noted
change. He asked if there was any objection. There being none,
Amendment 1 was amended.
CHAIR DYSON removed his prior objection to Amendment 1 and asked
if there were further objections. Seeing none, Amendment 1 was
adopted.
CHAIR DYSON told Senators Davis and Guess that if they came up
with anything bothersome regarding the bill, he would make sure
there would be an opportunity to address those concerns in the
Finance Committee. He confirmed, with Senator Wilken, the co-
chair of Finance, that this would be acceptable.
CHAIR DYSON asked for the wish of the committee.
SENATOR WILKEN moved to report SB 385 as amended [CSSB 385(HES)]
from committee with individual recommendations and accompanying
fiscal note.
CHAIR DYSON asked if there were any objections. Seeing and
hearing none, it was so ordered.
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