Legislature(2005 - 2006)CAPITOL 106

01/10/2006 08:00 AM House STATE AFFAIRS


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08:10:32 AM Start
08:12:06 AM Overview: Department of Public Safety
09:31:30 AM Overview: Department of Military and Veterans' Affairs
11:06:22 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overviews: Department of Public Safety TELECONFERENCED
Department of Military and Veterans
Affairs - Disaster Preparedness Program
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        January 10, 2006                                                                                        
                           8:10 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Carl Gatto, Vice Chair                                                                                           
Representative Jim Elkins                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Jay Ramras                                                                                                       
Representative Berta Gardner                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Sharon Cissna                                                                                                    
Senator Charlie Huggins                                                                                                         
Representative Nancy Dahlstrom                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DEPARTMENT OF PUBLIC SAFETY; DEPARTMENT OF                                                                        
MILITARY AND VETERANS AFFAIRS - DISASTER PREPAREDNESS PROGRAM                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM TANDESKE, Commissioner                                                                                                  
Department of Public Safety                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an overview of the Department of                                                                 
Public Safety.                                                                                                                  
                                                                                                                                
GARY POWELL, Director State Fire Marshall                                                                                       
Division of Fire Prevention                                                                                                     
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Responded  to overview  questions for  the                                                               
Department of Public Safety.                                                                                                    
                                                                                                                                
MAJOR GENERAL CRAIG CAMPBELL, Adjutant General/Commissioner                                                                     
Department of Military and Veterans' Affairs                                                                                    
Ft. Richardson, Alaska                                                                                                          
POSITION STATEMENT:   Presented an overview of  the Department of                                                               
Military and Veterans' Affairs' Disaster Preparedness Program.                                                                  
                                                                                                                                
DAVE LIEBERSBACH, Director                                                                                                      
Division of Homeland Security/Emergency Management                                                                              
Department of Military and Veterans' Affairs                                                                                    
Ft. Richardson, Alaska                                                                                                          
POSITION STATEMENT:   Presented an overview of  the Department of                                                               
Military and Veterans' Affairs' Disaster Preparedness Program.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL  SEATON  called  the  House  State  Affairs  Standing                                                             
Committee meeting  to order at 8:10:32  AM.  Present at  the call                                                             
to  order  were  Representatives  Gatto,  Elkins,  Lynn,  Ramras,                                                               
Gardner, Gruenberg, and Seaton.                                                                                                 
                                                                                                                                
^OVERVIEW:  DEPARTMENT OF PUBLIC SAFETY                                                                                       
                                                                                                                                
8:12:06 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  announced that the  first order of business  was an                                                               
overview from the Department of Public Safety.                                                                                  
                                                                                                                                
8:12:22 AM                                                                                                                    
                                                                                                                                
WILLIAM  TANDESKE,  Commissioner,  Department  of  Public  Safety                                                               
(DPS), named  the various  departments within  DPS, as  listed on                                                               
page 2  of the  handout included  in the  committee packet.   The                                                               
final three Division of State  Trooper bureaus listed are set out                                                               
due to their  significance in the focus  of DPS's reorganization,                                                               
begun two and one half years ago.                                                                                               
                                                                                                                                
8:14:57 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE turned attention  to page 3, regarding fire                                                               
fatalities for  2005.  He  noted that fire deaths  have increased                                                               
over the  previous years'  statistics, which is  of concern.   He                                                               
then moved on to page 4,  regarding Project Code Red's growth and                                                               
activity.   He indicated that  DPS is working with  locally based                                                               
organizations  to  assume  the project's  on-going  training  and                                                               
maintenance  costs,  utilizing  alternative  funds  versus  state                                                               
dollars.  Page 5 contained  photos of the portable equipment used                                                               
by DPS for Project Code Red.                                                                                                    
                                                                                                                                
8:17:42 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE moved on to  page 6, regarding the Division                                                               
of Statewide  Services, and informed  the committee  that funding                                                               
is  being   procured  to   purchase  an   updated  fingerprinting                                                               
instrument.   He  also  informed the  committee  that the  Alaska                                                               
Public Safety  Information Network  (APSIN) redesign  is complete                                                               
and  the  migration   effort  is  underway.     He  listed  other                                                               
significant events  related to  the state  crime lab  as follows:                                                               
the  purchase  of  another high  capacity  deoxyribonucleic  acid                                                               
(DNA)  analyzer; the  National  Integrated Ballistic  Information                                                               
Network (NIBIN), a  ballistic and firearms data base  that is new                                                               
in  the last  year and  is  proving to  be important  to all  law                                                               
enforcement agencies in  the state; and the focus on  the need to                                                               
plan  for expansion  of  the existing  crime  lab.   Professional                                                               
estimates  require  a doubling  of  the  existing lab's  size  to                                                               
handle the work capacity.                                                                                                       
                                                                                                                                
8:21:42 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  highlighted   page  7,  regarding  Alaska                                                               
concealed handgun  permits, noting  the current active  number of                                                               
permits  and the  declining  trend in  permits  issued since  the                                                               
fiscal year (FY)  04 legislation.  He noted  that reciprocity has                                                               
been established with  29 other states.  The  final summary topic                                                               
was sex  offender registration.   This  involves tedious  work to                                                               
register   offenders,  compare   out-of-state  convictions,   and                                                               
interface other  states' statutes with Alaskan  law, to determine                                                               
compliance.   He noted that  sex offender compliance  checks were                                                               
done  in  Southeast  Alaska  in  the last  year.    Although  law                                                               
enforcement is not ordinarily staffed  to provide this compliance                                                               
service, they were  able to work with  municipal organizations to                                                               
complete some spot checks.                                                                                                      
                                                                                                                                
8:24:11 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  for  an  explanation of  the  impact of  the                                                               
national registry.                                                                                                              
                                                                                                                                
COMMISSIONER TANDESKE explained how  the national registry allows                                                               
law  enforcement   to  search   all  states,   utilizing  certain                                                               
criteria, via one hub.                                                                                                          
                                                                                                                                
8:24:49 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE  went on  to page  8, regarding  DPS's core                                                               
missions:   statewide  drug  and  alcohol enforcement;  statewide                                                               
criminal  investigative services;  rural public  safety services;                                                               
wildlife  law  enforcement;  highway safety;  and  statewide  law                                                               
enforcement training.   He expressed his pride in  the results of                                                               
the core mission accomplishments,  but indicated his concern with                                                               
regard  to being  able to  meet the  demands of  Alaska's growing                                                               
constituency.                                                                                                                   
                                                                                                                                
8:26:33 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  introduced  page 9,  which  outlines  the                                                               
challenges  in  the  Division  of Alaska  State  Troopers.    The                                                               
greatest  challenge being  personnel  recruitment and  retention.                                                               
There is  a shrinking  pool of  people who  are both  willing and                                                               
qualified to  work in law enforcement,  he explained.  This  is a                                                               
problem nationwide.   With  due respect,  he offered  his opinion                                                               
that this  problem is  occurring because more  is asked  of state                                                               
troopers  than of  other  agencies in  terms  of often  requiring                                                               
relocating the  family to a locale  with little or no  support or                                                               
backup.  The recruitment cycle is  ongoing.  He explained that it                                                               
is not  a matter of  how many apply,  but how many  are qualified                                                               
and finish the program.                                                                                                         
                                                                                                                                
8:28:13 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  then  provided  an update  on  the  Court                                                               
Service  Officer (CSO)  hires.   These  positions  have all  been                                                               
successfully  filled,   including  the   four  that   were  newly                                                               
authorized by the legislature in  2005, he related.  Through last                                                               
year's reorganization, DPS  was able to realize  a total increase                                                               
of 10 CSO positions.                                                                                                            
                                                                                                                                
COMMISSIONER TANDESKE  discussed page 10,  which is a  summary of                                                               
the Alaska Bureau  of Investigation (ABI), and  the Alaska Bureau                                                               
of  Alcohol and  Drug  Enforcement (ABADE).    He reported  ABI's                                                               
major accomplishment  of having  resolved every homicide  for the                                                               
last  three  years  running  (2003-2005).     This  division  has                                                               
experienced  success  in  assisting   to  solve  cases  in  other                                                               
jurisdictions as well, and in working with cold cases.                                                                          
                                                                                                                                
COMMISSIONER  TANDESKE revealed  that  an immediate  need in  the                                                               
joint  child abuse  investigative unit  is additional  funding in                                                               
order    to   provide    interagency    partnerships.       These                                                               
partnership/task forces  are needed  throughout Alaska,  he said.                                                               
In fact,  the Matanuska Valley  unit provides a  successful model                                                               
for the rest of the state.                                                                                                      
                                                                                                                                
COMMISSIONER TANDESKE related that ABADE  is doing well with drug                                                               
and alcohol  enforcement.  Methamphetamine ("meth")  lab activity                                                               
is on  the decline for  the first time  in four years,  that does                                                               
not  mean that  there is  less  meth in  the state.   Like  other                                                               
drugs, most  meth is imported, he  noted.  Reducing the  "mom and                                                               
pop"  labs, in  Alaska, does  mean that  ABADE has  more time  to                                                               
focus on  larger drug issues.   These  local labs are  very labor                                                               
intensive to eradicate,  and render little effect  on the overall                                                               
drug scene.   He explained that currently, ABADE  is working with                                                               
the  US attorney  to  create a  drug and  alcohol  task force  to                                                               
include  the  United  States Postal  Service  (USPS).    Although                                                               
alcohol in the mail is not a  priority for the USPS on a national                                                               
level, it  is a huge  issue for  rural Alaska.   Providing "cross                                                               
designation"  of state  troopers  with the  village post  offices                                                               
would provide law enforcement officers to respond more readily.                                                                 
                                                                                                                                
8:31:45 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE, in  response to  Chair Seaton,  explained                                                               
that  "cross  designation"  essentially  allows  cross-designated                                                               
state  troopers to  act with  the authority  of a  federal postal                                                               
inspector, in special cases.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  what  it would  take  to get  such                                                               
authority.                                                                                                                      
                                                                                                                                
CHAIR SEATON  requested that all  questions outside the  realm of                                                               
immediate clarity, be held until the end of the overview.                                                                       
                                                                                                                                
8:32:36 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE  turned the  committee's attention  to page                                                               
11, which  summarizes the Village  Public Safety  Officer Program                                                               
(VPSO).  This is one of  those areas, as spoken of earlier, where                                                               
it is  very difficult to fill  and retain personnel.   He went on                                                               
to explain that  the standards for hiring and  training have been                                                               
raised  for  the VPSO  positions,  although  it is  difficult  to                                                               
attract  qualified  applicants  from  villages.    Administrative                                                               
costs  for this  program  have been  reduced,  which allowed  the                                                               
wages  to  be  brought  up  to  a  single  wage  scale  with  the                                                               
possibility of bumping wages up  further.  As indicated, building                                                               
up the VPSO positions is an ongoing challenge, he said.                                                                         
                                                                                                                                
8:34:57 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  continued  with page  12,  regarding  the                                                               
Alaska Bureau of  Wildlife Enforcement (ABWE).   The division, he                                                               
explained,  relies  heavily  on  aviation  to  perform  its  job.                                                               
However, as  current personnel retire,  the question  becomes who                                                               
will be  flying the ABWE  Super Cubs.  Therefore,  the department                                                               
is  employing strategies  such as  recruiting troopers,  who have                                                               
some   piloting  experience,   and   providing  them   additional                                                               
training, to  bring them up to  DPS standards.  This  strategy is                                                               
what has allowed  the unfilled positions to be filled.   In fact,                                                               
the St.  Mary's post, which has  been vacant for two  years, will                                                               
have it's wildlife  protection pilot appointed on  March 1, 2006.                                                               
This  has  been a  good  direction  to  go,  and DPS  expects  to                                                               
continue  and expand  along these  lines.   Commissioner Tandeske                                                               
went on to explain how these  officers are called in to assist in                                                               
areas  other  than wildlife  protection  such  as with  assisting                                                               
domestic violence defendants.  He  opined that it is important to                                                               
use the manpower available, on an as-needed basis.                                                                              
                                                                                                                                
8:37:34 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE moved  on to page 13,  dealing with highway                                                               
traffic enforcement.   Although  the number  of alcohol  and seat                                                               
belt-related fatalities  is down  across the  state, Commissioner                                                               
Tandeske indicated his dissatisfaction  with what is happening on                                                               
Alaskan highways.   Therefore, strategies are  still being formed                                                               
to  address the  state's major  highways.   A  Driving Under  the                                                               
Influence (DUI)  Team, based in  Palmer, was started  in November                                                               
2003.   The  commissioner would  like  to see  this team  concept                                                               
expanded  statewide.   Funds have  been  requested in  the FY  07                                                               
budget  to provide  for  three  such teams  to  be positioned  in                                                               
Fairbanks.                                                                                                                      
                                                                                                                                
COMMISSIONER TANDESKE  concluded the  presentation with  page 14,                                                               
regarding statewide  training.   He highlighted the  program that                                                               
developed  in-service training  for  municipal  departments.   He                                                               
pointed out  that it is  difficult for  departments, particularly                                                               
those  in smaller  municipalities, to  train and  recertify in  a                                                               
variety of  specific areas.   The department has, in  response to                                                               
this need, put together training  programs to offer to the chiefs                                                               
of  various  agencies.   Commissioner  Tandeske  highlighted  the                                                               
importance of  expanded training  for first-line  supervisors and                                                               
commanders, which  he characterized as a  valuable and worthwhile                                                               
investment in the future of DPS.                                                                                                
                                                                                                                                
8:40:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  expressed  his  view that  DPS  could  be                                                               
renamed the  "Department of  Quality of Life,"  as it  more aptly                                                               
describes what  the department provides the  residents of Alaska.                                                               
He inquired as  to what the legislature could do  to increase the                                                               
already valiant  efforts of  DPS.   He asked,  were the  state to                                                               
double  the department's  budget,  if that  would  serve to  curb                                                               
statewide law enforcement issues,  or, given possible constraints                                                               
on the  prosecution and jail  end of the spectrum,  if additional                                                               
funding is an issue.                                                                                                            
                                                                                                                                
COMMISSIONER TANDESKE  responded that additional money  would not                                                               
necessarily  make   things  perfect.    When   the  criminal  law                                                               
enforcement aspect is "bumped up," it  has a direct impact on the                                                               
law enforcement system  as a whole.   Although patrol enforcement                                                               
is essential as  a deterrent, prosecution is not  (the focus) for                                                               
DPS, he  said.  He  stated, "Our standard,  in the middle  of the                                                               
night, is to  get the hazard off of the  road; what happens after                                                               
that happens."                                                                                                                  
                                                                                                                                
8:43:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked about the four suicides by arson.                                                                
                                                                                                                                
GARY  POWELL,  Director State  Fire  Marshall,  Division of  Fire                                                               
Prevention, Department  of Public Safety, described  the suicides                                                               
and  homicides  involving  fire.   Although  heretofore  unusual,                                                               
suicide by arson  seems to be a national,  unaccounted for trend,                                                               
he said.                                                                                                                        
                                                                                                                                
8:46:07 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON turned attention to  those who might be setting wild                                                               
fires in the state.  He  asked if such individuals are considered                                                               
terrorists and fall  under the Division of  Homeland Security, or                                                               
if they fall under the fire marshal's purview.                                                                                  
                                                                                                                                
COMMISSIONER  TANDESKE answered  that  subjects of  intentionally                                                               
set fires would  fall primarily between the  Division of Homeland                                                               
Security and the Department of Natural Resources.                                                                               
                                                                                                                                
CHAIR SEATON  clarified that the fire  marshal primarily oversees                                                               
issues concerning buildings and structures in the state.                                                                        
                                                                                                                                
COMMISSIONER  TANDESKE added  that the  fire marshal's  authority                                                               
also   includes  inspections,   plan   reviews,  and   prevention                                                               
programs.                                                                                                                       
                                                                                                                                
8:47:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO inquired  about the  cause of  fire related                                                               
deaths and  what role  smoke detectors  play in  these scenarios.                                                               
He  asked if  it could  be  said that  the routine  use of  smoke                                                               
detectors  would  be  influential  in  nearly  eliminating  fire-                                                               
related deaths.                                                                                                                 
                                                                                                                                
MR. POWELL  surmised that in  about 50 percent of  the incidences                                                               
in which fatalities  occur, it is found that  smoke detectors are                                                               
absent  or discovered  to be  inoperable.   He pointed  out that,                                                               
statistically, smoke  detectors are found to  be highly effective                                                               
in saving lives.                                                                                                                
                                                                                                                                
8:48:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  asked for clarity regarding  the duties of                                                               
the Alcohol and Beverage Control (ABC) Board and ABADE.                                                                         
                                                                                                                                
COMMISSIONER  TANDESKE  offered  that  ABADE  deals  with  issues                                                               
surrounding bootlegging, while licensed  premises are the purview                                                               
of ABC.                                                                                                                         
                                                                                                                                
8:49:24 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON informed  the committee  that last  year he  was in                                                               
conversation with  the fire marshal regarding  creating a program                                                               
that  would  provide   certification  for  residential  sprinkler                                                               
systems.   This would  allow residents  the ability  to negotiate                                                               
more  readily  with  insurance  companies,  possibly  encouraging                                                               
people to  have these systems  installed.   He asked if  the fire                                                               
marshal is still interested in developing this program.                                                                         
                                                                                                                                
MR. POWELL  responded affirmatively.   However, he noted  that in                                                               
initiating  this project,  DPS ran  into a  few stumbling  blocks                                                               
with insurance company officials.   Mr. Powell said he would like                                                               
to  pursue this  matter  further with  Representative Seaton  and                                                               
will provide him with the  existing conceptual plan, for a future                                                               
meeting.                                                                                                                        
                                                                                                                                
8:51:23 AM                                                                                                                    
                                                                                                                                
MR.  POWELL,  in  response  to  a  question  from  Representative                                                               
Gruenberg,  clarified that  the  "other sources"  of funding  for                                                               
Project Code  Red are primarily  assorted federal  funds obtained                                                               
through various agencies.                                                                                                       
                                                                                                                                
8:52:02 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON inquired as to the  number of DNA tests performed by                                                               
the lab.                                                                                                                        
                                                                                                                                
COMMISSIONER TANDESKE  responded that over  the last year  or so,                                                               
DPS has  been working  through a  backlog of  approximately 7,000                                                               
DNA samples.   In further response to Chair  Seaton, he estimated                                                               
that  currently about  1,500 samples  are left  to process.   The                                                               
federal grant that provides funding  for this program is expected                                                               
to be continued.                                                                                                                
                                                                                                                                
8:53:20 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON inquired  as to  the time  frame to  analyze a  DNA                                                               
sample that isn't included in the backlog.                                                                                      
                                                                                                                                
COMMISSIONER TANDESKE  answered that given that  it's priority, a                                                               
sample would  take a  couple of  weeks.   In further  response to                                                               
Chair Seaton,  Commissioner Tandeske opined that  two weeks would                                                               
be an accurate estimate of  the time frame; a complicated process                                                               
is  required.    Furthermore,  various checks  and  balances  are                                                               
utilized to provide  quality assurance and those  also enter into                                                               
the timeline.                                                                                                                   
                                                                                                                                
8:55:14 AM                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE,  in response to  Representative Gruenberg,                                                               
explained that APSIN is the  communication highway [database] for                                                               
law  enforcement check  warrants,  driver's  license status,  and                                                               
criminal histories.                                                                                                             
                                                                                                                                
8:55:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  returned to the issue  of handgun permits                                                               
and the reported reciprocity with 29  states.  She asked if it is                                                               
incumbent  on  the  person  buying   the  handgun  in  Alaska  to                                                               
determine  with which  states Alaska  has reciprocity  or if  the                                                               
buyer is provided such information.                                                                                             
                                                                                                                                
COMMISSIONER TANDESKE  pointed out  that this  ever-evolving list                                                               
is available on the DPS web site.                                                                                               
                                                                                                                                
8:56:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  referred to a publication  published by                                                               
the Council of State  Governments, entitled, "Interstate Compacts                                                               
&  Agencies   2003"  [available  in  the   Legislative  Reference                                                               
Library].     Representative   Gruenberg  recommended   that  the                                                               
committee members  familiarize themselves with  this publication,                                                               
which  specifies  that  there isn't  an  interstate  compact  for                                                               
reciprocity regarding  handgun permit registration.   He asked if                                                               
the department would be interested  in pursuing such, if it's not                                                               
already  in the  works.   Since the  department is  entering into                                                               
[reciprocity]  agreements,  he  suggested having  a  compact  for                                                               
interested   states  to   sign   in  order   to  avoid   separate                                                               
negotiations.                                                                                                                   
                                                                                                                                
COMMISSIONER  TANDESKE said  he  would be  happy  to review  [the                                                               
recommended publication].                                                                                                       
                                                                                                                                
8:58:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  wanted  to  know whether  any  handgun  is                                                               
traceable to its owner.                                                                                                         
                                                                                                                                
COMMISSIONER  TANDESKE   answered  that  a  gun   is  not  always                                                               
traceable, for various reasons such as  the number of times a gun                                                               
has changed hands.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GATTO  asked if  a  gun  without recorded  serial                                                               
numbers that was stolen from someone's home would be traceable.                                                                 
                                                                                                                                
COMMISSIONER  TANDESKE reiterated  the  difficulty  in tracing  a                                                               
weapon without its serial numbers.                                                                                              
                                                                                                                                
9:00:10 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON inquired  as to whether the  previous discussion was                                                               
in regard to concealed handgun or concealed weapon permits.                                                                     
                                                                                                                                
COMMISSIONER  TANDESKE   clarified  that  he  was   referring  to                                                               
handguns.                                                                                                                       
                                                                                                                                
9:00:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO reported that  Alaska is the nation's leader                                                               
in reported rapes.  He asked what is being done to change this.                                                                 
                                                                                                                                
COMMISSIONER  TANDESKE highlighted  a successful,  pro-active sex                                                               
offender  unit,  that  serves  to  protect  the  most  vulnerable                                                               
individuals  in  the  downtown   Anchorage  area.    Commissioner                                                               
Tandeske  emphasized that  alcohol is  a huge  factor in  crimes,                                                               
particularly  in rural  villages.   The  DPS is  working hard  to                                                               
reduce  violence   in  all  areas,  not   just  sexual  assaults.                                                               
Enforcement maintains  a broad focus  and shelters that  focus on                                                               
teaching  people   how  to  minimize   their  chances   of  being                                                               
victimized play an important role.                                                                                              
                                                                                                                                
REPRESENTATIVE GATTO  suggested that  other states [with  a lower                                                               
rate of  rapes] might have  "some sort of  a plan" that  has been                                                               
implemented, and  he surmised  that Alaska  is probably  aware of                                                               
that.  He added, "It's just an impossible situation."                                                                           
                                                                                                                                
COMMISSIONER  TANDESKE  said  he  wouldn't  disagree  with  that.                                                               
Notwithstanding that, he said one of  the things that he has felt                                                               
good about over his years in  law enforcement has been the steady                                                               
increase in  "the reporting of  a terribly  underreported crime."                                                               
He  suggested the  need  to understand  what  the numbers  really                                                               
mean.                                                                                                                           
                                                                                                                                
9:03:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  as to  the level  of compliance                                                               
with the sex offender registration requirements.                                                                                
                                                                                                                                
COMMISSIONER TANDESKE estimated that  20 percent of sex offenders                                                               
in Alaska are not in compliance.   Therefore, it is important for                                                               
the  public  to know  that,  however  limited,  DPS does  have  a                                                               
program for checking for compliance, he said.                                                                                   
                                                                                                                                
9:04:14 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON asked whether law  enforcement job requirements have                                                               
become more  stringent, or whether  the number of  applicants has                                                               
decreased.                                                                                                                      
                                                                                                                                
COMMISSIONER  TANDESKE answered  that [applications]  are on  the                                                               
decline  across the  country and  it has  become commonplace  for                                                               
states to  recruit from one another.   Therefore, he said  he has                                                               
department staff reviewing why people  are not entering the field                                                               
of  law  enforcement.   He  suggested  that  the view  of  public                                                               
service  in law  enforcement has  changed over  the years,  which                                                               
needs to  be addressed.   Currently,  DPS's largest  contact with                                                               
applicants comes from on line inquiries.   With this in mind, DPS                                                               
is increasing its on line  presence and presentation for national                                                               
recruiting purposes.                                                                                                            
                                                                                                                                
9:06:28 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  ask  whether youthful  misdemeanors  prevent  some                                                               
people from applying.                                                                                                           
                                                                                                                                
COMMISSIONER   TANDESKE  responded   that,  generally   speaking,                                                               
youthful   indiscretions   are   excused.      However,   certain                                                               
misdemeanors, such  as driving under  the influence  and domestic                                                               
violence must be reviewed.                                                                                                      
                                                                                                                                
REPRESENTATIVE ELKINS asked whether the  pay rate enters into the                                                               
recruitment/retention equation.                                                                                                 
                                                                                                                                
9:07:53 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  replied  that compensation  does  play  a                                                               
role, although he said  he does not tend to put it  at the top of                                                               
the list.   He related  that his experience indicates  the single                                                               
most important  factor as being  interest in the work.   However,                                                               
given  what is  asked  of  the troopers  and  their families,  he                                                               
recommended that  they be compensated  at a higher rate.   Still,                                                               
other  aspects,  such  as  providing   rural  housing,  are  also                                                               
important [in regards to recruitment and retention].                                                                            
                                                                                                                                
9:08:38 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON inquired  as to whether there was a  decrease in the                                                               
pool  of applicants  when the  standard  for Wildlife  Protection                                                               
officer changed  from being  a "brown  shirt officer"  to general                                                               
public safety officer.                                                                                                          
                                                                                                                                
COMMISSIONER  TANDESKE  hypothesized  that   there  may  be  some                                                               
applicants  who  forfeited  the opportunity  to  become  Wildlife                                                               
Protection Officers  when faced  with the reality  of qualifying,                                                               
training,  and  at  times  acting  in the  capacity  of  a  state                                                               
trooper.   However, he  didn't believe it  has had  a significant                                                               
impact on the recruitment numbers.                                                                                              
                                                                                                                                
9:10:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN asked  what two or three  acts of legislation                                                               
Commissioner Tandeske would  like to see drafted  to continue the                                                               
mission of DPS.                                                                                                                 
                                                                                                                                
COMMISSIONER  TANDESKE said  he would  like  to see  a change  in                                                               
Title  4,   particularly  to  bring  forfeiture   provisions  for                                                               
bootleggers more in line with  the forfeiture provisions for drug                                                               
dealers, and  to address  some of the  definition issues.   These                                                               
are items  that the Rural  Justice Commission has worked  on, and                                                               
identified, for  legislation, that could be  helpful in attacking                                                               
the rural alcohol issues.                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN interjected that  he [introduced] such a bill                                                               
in the past and perhaps this would be the time to resurrect it.                                                                 
                                                                                                                                
9:11:37 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  TANDESKE  said  he  would also  like  to  implement                                                               
highway  safety  corridors  in  which  problematic  stretches  of                                                               
highway  would be  designated as  "zero tolerance"  corridors for                                                               
which  there  would be  double  fines.   Safety  corridors  alert                                                               
drivers to  particularly hazardous stretches of  road and provide                                                               
specific  focus  for  the highway  patrol  units.    Commissioner                                                               
Tandeske noted that he has seen this  in the State of Oregon.  He                                                               
said  he  wasn't  sure  if these  designations  would  require  a                                                               
statutory change.                                                                                                               
                                                                                                                                
9:12:49 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  inquired as to  Commissioner Tandeske's  opinion of                                                               
the  most effective  way  to deal  with those  who  drive with  a                                                               
suspended/revoked  license.    He asked  if  impoundment  of  the                                                               
owner's vehicle would be a  deterrent against people driving with                                                               
a suspended/revoked  license or  others loaning vehicles  to such                                                               
individuals.                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE  said that  conceptually he  doesn't oppose                                                               
taking  vehicles   away  from  people   who  insist   on  driving                                                               
illegally.    However,  the consequences  currently  enacted  for                                                               
these  crimes are  not always  imposed.   Furthermore, there  are                                                               
difficulties  associated with  impoundment  programs  due to  the                                                               
liens against vehicles.                                                                                                         
                                                                                                                                
9:14:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  asked if  a mandatory headlight  law would                                                               
create safer highways.                                                                                                          
                                                                                                                                
COMMISSIONER TANDESKE  agreed that driving with  headlights on is                                                               
a safety issue.   Although he said he would  prefer to get people                                                               
to use headlights because they  know it's safe, headlights on the                                                               
highway are a benefit.                                                                                                          
                                                                                                                                
REPRESENTATIVE ELKINS  recalled that in  the past, there  did not                                                               
seem to  be much  support for  legislation to  impose [mandatory]                                                               
headlight use.                                                                                                                  
                                                                                                                                
COMMISSIONER TANDESKE acknowledged the  past lack of interest and                                                               
assured the committee that it did not come from him.                                                                            
                                                                                                                                
9:15:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  said   he  would   support  mandatory                                                               
headlights, at least seasonally.   Regarding the highway corridor                                                               
concept,  he questioned  whether  DPS already  has the  necessary                                                               
authority to create such areas.                                                                                                 
                                                                                                                                
COMMISSIONER  TANDESKE  delineated  that  the  setting  of  speed                                                               
limits is the purview of  Department of Transportation and Public                                                               
Facilities (DOT&PF),  but that the  authority to double  fines in                                                               
an area  other than a construction  or school zone would  have to                                                               
be researched.                                                                                                                  
                                                                                                                                
9:17:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  queried  whether  the  changing  of  the                                                               
state's retirement system  might have an adverse  effect on DPS's                                                               
recruitment and retention efforts.                                                                                              
                                                                                                                                
COMMISSIONER  TANDESKE outlined  his  concerns  about the  recent                                                               
changes and the proposed changes in the retirement system.                                                                      
                                                                                                                                
9:19:17 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON inquired  as to  why  the ABWE  specifies five  DUI                                                               
arrests but specifies there were 50 citations issued.                                                                           
                                                                                                                                
COMMISSIONER  TANDESKE  clarified  that  the  citations  are  for                                                               
things such as speeding or a  bad pass wherein the individual was                                                               
not drunk.   Individuals charged  with DUIs are  always arrested,                                                               
he said.                                                                                                                        
                                                                                                                                
9:19:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   returned  to  the  issue   of  "cross                                                               
designation,"  and   asked  if   a  joint  resolution   from  the                                                               
legislature   would   be   of  assistance   in   obtaining   that                                                               
designation.                                                                                                                    
                                                                                                                                
COMMISSIONER TANDESKE  speculated that it  may and he  offered to                                                               
talk with the committee about [creating such legislation].                                                                      
                                                                                                                                
The committee took an at-ease from 9:20:50 AM to 9:31:21 AM.                                                                
                                                                                                                                
^OVERVIEW:  DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS                                                                      
                                                                                                                                
9:31:30 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  announced that the  next order of business  was the                                                               
overview from  the Department of  Military and  Veterans' Affairs                                                               
regarding the department's disaster preparedness program.                                                                       
                                                                                                                                
9:33:07 AM                                                                                                                    
                                                                                                                                
MAJOR  GENERAL  CRAIG  CAMPBELL,  Adjutant  General/Commissioner,                                                               
Department   of  Military   and  Veterans'   Affairs,  began   by                                                               
emphasizing the importance of emergency preparedness, which is                                                                  
the responsibility of the state  and the local jurisdictions.  He                                                               
turned  to   Hurricane  Katrina,   the  effects  of   which  were                                                               
devastating  in  Louisiana,   Mississippi,  Alabama,  Texas,  and                                                               
Florida.   Although  the press  focused  primarily on  Louisiana,                                                               
Mississippi was  hit with the  most force.   He pointed  out that                                                               
Louisiana    and   Mississippi    handled   their    preparedness                                                               
differently.     He  attributed  the  lack   of  press  regarding                                                               
Mississippi to  its "very  well thought out"  plan that  had been                                                               
practiced.  Furthermore, Mississippi's  plan relied upon compacts                                                               
with other  states for support  and was  executed as it  had been                                                               
planned.                                                                                                                        
                                                                                                                                
MAJOR GENERAL  CAMPBELL announced  that the overview  would focus                                                               
on  what  Alaska   has  done  to  prepare  for   and  respond  to                                                               
emergencies,    including   Alaska's    connections   to    local                                                               
jurisdictions and the federal government.   He opined that Alaska                                                               
is well prepared to respond.                                                                                                    
                                                                                                                                
9:37:48 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked the committee  to hold  confidential Homeland                                                               
Security questions for an executive session.                                                                                    
                                                                                                                                
9:38:05 AM                                                                                                                    
                                                                                                                                
DAVE    LIEBERSBACH,     Director,    Division     of    Homeland                                                               
Security/Emergency  Management (DHS&EM),  Department of  Military                                                               
and  Veterans' Affairs,  informed  the committee  that there  are                                                               
four  emergency  phases:    mitigation/prevention,  preparedness,                                                               
response,  and recovery.   He  then informed  the committee  that                                                               
Alaska uses an  "all-hazards" approach.  As a  result of Alaska's                                                               
isolation, harsh  environment, and lack of  infrastructure in the                                                               
Interior,   Alaska   has   some  "very   challenging"   logistics                                                               
situations.  Since 1978, there  have been 17 federal declarations                                                               
and 183 state  declarations.  He specified that  eight, or nearly                                                               
50  percent, of  the federal  disasters have  occurred since  the                                                               
year 2000.   Flooding is  the most frequent  as well as  the most                                                               
costly disaster in Alaska.                                                                                                      
                                                                                                                                
MR.  LIEBERSBACH specified  that  the  authorities and  statutory                                                               
guidance that  DHS&EM work under are  AS 26.20 and AS  26.23.  In                                                               
addition,  the  division  [takes  direction]  from  a  number  of                                                               
federal statutes, most  importantly the Stafford Act  and 44 CFR.                                                               
These  are the  federal laws  that authorize  disaster assistance                                                               
and the law  under which the Federal  Emergency Management Agency                                                               
(FEMA)  operates.   Mr.  Liebersbach noted  that  the mission  of                                                               
DHS&EM is  to protect lives  and property from terrorism  and all                                                               
other  hazards  and  provide rapid  recovery  from  all  disaster                                                               
events.                                                                                                                         
                                                                                                                                
9:42:03 AM                                                                                                                    
                                                                                                                                
MR. LIEBERSBACH  defined mitigation/prevention as the  efforts to                                                               
eliminate hazards and/or reduce the  effects of the hazards.  The                                                               
all-hazard mitigation  planning is a requirement  of the Disaster                                                               
Mitigation Act  of 2000,  a federal law  requiring all  state and                                                               
local  governments to  have plans  in  order to  be eligible  for                                                               
federal  disaster assistance.   The  State of  Alaska's plan  was                                                               
promulgated over a  year ago, and now the division  is working on                                                               
local disaster mitigation plans.   He informed the committee that                                                               
75  percent  of  post-disaster   mitigation  assistance  is  from                                                               
federal funds and 25 percent is  from state funds.  When there is                                                               
a  federal disaster  declaration,  the state  gets an  additional                                                               
7.5-15 percent  to perform disaster  mitigation work  anywhere it                                                               
chooses to in the state.                                                                                                        
                                                                                                                                
9:44:26 AM                                                                                                                    
                                                                                                                                
MR. LIEBERSBACH, in response to  Chair Seaton, confirmed that the                                                               
mitigation  plan   is  on  the   division's  web   site,  www.ak-                                                               
prepared.com.   In regard  to anti-terrorism,  DHS&EM is  using a                                                               
vulnerability  assessment  process,   which  identifies  critical                                                               
infrastructure, determines  the vulnerability it would  have in a                                                               
terrorist  attack, and  reviews  the vulnerability  to a  natural                                                               
hazard  event.    Following  the   assessment,  DHS&EM  works  on                                                               
developing   plans   with   the  entity   responsible   for   the                                                               
infrastructure,  in  order  to reduce  the  vulnerability  of  an                                                               
attack or a disaster.                                                                                                           
                                                                                                                                
9:46:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed concern regarding  the amount                                                               
of time and effort to look  at a relatively small potential group                                                               
of  terrorists, as  opposed to  the much  larger risk  of natural                                                               
disasters.   He  inquired as  to  the likelihood  of a  terrorist                                                               
attack versus a natural disaster in Alaska.                                                                                     
                                                                                                                                
9:46:56 AM                                                                                                                    
                                                                                                                                
MR. LIEBERSBACH estimated  that there is an  80-90 percent chance                                                               
of a  natural hazard  versus a  terrorist attack.   Of  the 51-52                                                               
positions  in DHS&EM,  10-11 positions  have  been allocated  for                                                               
homeland  security.    The  rest  of the  positions  are  on  the                                                               
emergency management side.  He  noted that both sides support the                                                               
other.  He explained that DHS&EM  doesn't do any work in terms of                                                               
the law  enforcement side of  terrorism, rather it  addresses the                                                               
aftermath.   The  division does  some preventative  planning, but                                                               
the preventative work  is actually performed by  the state agency                                                               
or  private industry  that has  the facility.   On  the emergency                                                               
management side, DHS&EM has a lot of responsibility.                                                                            
                                                                                                                                
9:49:04 AM                                                                                                                    
                                                                                                                                
MR.  LIEBERSBACH relayed  his  understanding that  Representative                                                               
Gruenberg  was inquiring  as to  what DHS&EM  has done  to engage                                                               
private industry to participate in  all-hazards.  In response, he                                                               
said that DHS&EM does work  with private industry on all-hazards,                                                               
particularly  the larger  employers because  they affect  so many                                                               
employees.   The division works  with private industry  in regard                                                               
to preparedness training  of employees, what the  industry can do                                                               
to help DHS&EM  in providing training, and what  the industry can                                                               
do  to  sponsor  some  of DHS&EM's  outreach  work  in  emergency                                                               
management and homeland security.                                                                                               
                                                                                                                                
9:50:39 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked  if  terrorism  is  separated  from  natural                                                               
disasters  in the  vulnerability assessment  so that  the natural                                                               
disaster vulnerability  assessments can be made  available to the                                                               
public.                                                                                                                         
                                                                                                                                
9:51:14 AM                                                                                                                    
                                                                                                                                
MR. LIEBERSBACH  explained that  the vulnerability  assessment is                                                               
being conducted  in areas that  are considered  critical, because                                                               
the  funding  comes from  anti-terrorism  funds.   He  said  that                                                               
currently  no  information   has  been  held  back.     The  team                                                               
performing   vulnerability   assessments    was   created   under                                                               
Administrative Order  203 and  is made up  of personnel  from the                                                               
following departments:   Department of Administration, Department                                                               
of Environmental  Conservation, Department  of Health  and Social                                                               
Services,   Department  of   Military   and  Veterans'   Affairs,                                                               
Department  of Public  Safety, and  Department of  Transportation                                                               
and  Public  Facilities.    Thus  far,  the  team  has  conducted                                                               
assessments  on  about  30  facilities,  including:    hospitals,                                                               
schools, the  petroleum industry,  state agencies, and  the power                                                               
industry.   Mr.  Liebersbach informed  the committee  that DHS&EM                                                               
also participates  in the  Alaska Partnership  for Infrastructure                                                               
Protection  (APIP).    The  division  also  does  natural  hazard                                                               
warnings, most  of which  are not originated  by DHS&EM,  but are                                                               
rather  re-broadcasted   by  the  state   emergency  coordination                                                               
center.   These  are  warnings of  severe  weather, tsunami,  and                                                               
coastal sea storms  that come from the  National Weather Service.                                                               
He noted  that DHS&EM  also performs  intelligence dissemination,                                                               
threat level changes, and a daily situation report.                                                                             
                                                                                                                                
9:54:45 AM                                                                                                                    
                                                                                                                                
MR.   LIEBERSBACH  clarified   that   DHS&EM  does   intelligence                                                               
dissemination as required, but it  does not collect intelligence;                                                               
the division  is not an  intelligence agency.  He  explained that                                                               
sources  such as  the FBI,  CIA, and  State Troopers  provide the                                                               
division with  access to  intelligence information  as necessary.                                                               
The division  also has  the Homeland  Security Advisory  System -                                                               
Alaska's advisory  system, which doesn't necessarily  change when                                                               
the  federal  government's  advisory  changes.   The  process  in                                                               
Alaska determining whether or not  the state needs to elevate its                                                               
threat  level involves  the commissioners  of  the Department  of                                                               
Public  Safety  and  the Department  of  Military  and  Veterans'                                                               
Affairs.    The  commissioners   make  a  recommendation  to  the                                                               
governor,  who decides  whether or  not to  move Alaska's  threat                                                               
level up or  down.  Mr. Liebersbach then  turned to preparedness,                                                               
which he defined as planning,  training, exercise, and resources.                                                               
He opined  that planning ahead  is "very important" and  that the                                                               
process of planning is more important than the actual plan.                                                                     
                                                                                                                                
9:57:19 AM                                                                                                                    
                                                                                                                                
MR.  LIEBERSBACH introduced  the  various  planning entities  and                                                               
relationships with  which DHS&EM  is involved:   state  and local                                                               
agencies,   individuals,  local   governments,  Local   Emergency                                                               
Planning  Committees (LEPC),  and  Citizen Corps  Councils.   The                                                               
state  agencies that  DHS&EM most  commonly works  with are:  the                                                               
Division  of  Homeland  Security and  Emergency  Management,  the                                                               
Division  of  Public  Health,  the  Department  of  Environmental                                                               
Conservation, the Department of  Public Safety, the Department of                                                               
Natural  Resources  and  the  Department  of  Transportation  and                                                               
Public  Facilities.    The  division   also  works  with  federal                                                               
agencies such as Regional  Interagency Steering Committee (RISC),                                                               
which is  under FEMA.   Mr. Liebersbach mentioned  the division's                                                               
involvement  in the  Anti-Terrorism  Advisory  Council of  Alaska                                                               
(ATACA), which is a combined  state/federal entity.  Citizens are                                                               
advised to be  prepared to be on  their own for up  to seven days                                                               
in Alaska.   For example,  the Kaktovik disaster in  January 2005                                                               
left people  cut-off for  several days.   Since the  residents of                                                               
Kaktovik were prepared, everyone survived.                                                                                      
                                                                                                                                
10:00:06 AM                                                                                                                   
                                                                                                                                
MR. LIEBERSBACH explained that AS  26.23.060 specifies that local                                                               
governments   are   responsible   for   preparedness   in   their                                                               
jurisdiction, by  developing and executing local  emergency plans                                                               
as well  as plans for special  needs populations.  To  help local                                                               
governments,  DHS&EM  has  Local  Emergency  Planning  Committees                                                               
(LEPC), which  are all-hazard plans  in Alaska.   Mr. Liebersbach                                                               
specified  that  LEPCs  develop all-hazard  emergency  plans  for                                                               
their jurisdiction, although they do  not execute the plans.  The                                                               
local jurisdiction  must execute  the plans and,  therefore LEPCs                                                               
must have the support of the  local government before the plan is                                                               
developed.   There  are 20  LEPCs  in Alaska,  which received  at                                                               
least $7,500 each.  The  division also includes the Citizen Corps                                                               
Program, a federally funded program  that supports LEPC's work in                                                               
local  jurisdictions  as  well as  training  volunteers  who  can                                                               
assist local jurisdictions during an emergency or disaster.                                                                     
                                                                                                                                
10:03:47 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH  moved  on  to   the  State  Emergency  Response                                                               
Commission (SERC), which  is an all-hazards SERC.   He noted that                                                               
SERC is  a federally mandated  entity.  He then  turned attention                                                               
to the  Anti-Terrorism Advisory Council of  Alaska (ATACA), which                                                               
began as  the Anti-Terrorism Task  Force that was  established in                                                               
every state.  Alaska also  had a state Anti-Terrorism Task Force.                                                               
Therefore,  the division  suggested combining  the two,  which is                                                               
the  case  now.   Mr.  Liebersbach  highlighted that  it's  being                                                               
reviewed as a  model organization.  Furthermore,  the division is                                                               
reviewing the notion  of moving the state's  natural hazards work                                                               
into that  arena.  The  executive committee is co-chaired  by the                                                               
commissioner of the Department of  Military and Veterans' Affairs                                                               
and the US  Attorney for Alaska.  Another  aspect of preparedness                                                               
is the  Small Community  Model Plan.   The  plan is  designed for                                                               
communities  with  limited  infrastructure and  50-1,000  people.                                                               
It's  in  partnership  with  the   Alaska  Native  Tribal  Health                                                               
Consortium.  Mr.  Liebersbach likened the plan  to a "checklist."                                                               
He noted that the plan can be found online.                                                                                     
                                                                                                                                
10:06:17 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH  informed  the   committee  that  the  state  is                                                               
required  to  have  the  State   Emergency  Response  Plan,  most                                                               
recently  promulgated  in November  2004.    The State  Emergency                                                               
Response Plan is coordinated with  numerous agencies.  Continuity                                                               
of Operations  Planning/Continuity of Government (COOP/COG)  is a                                                               
federal Homeland Security  grant requirement.  At  this point the                                                               
plan is  being drafted  by all  of the state  agencies.   He then                                                               
turned  to  Mutual  Aid  Agreements, and  noted  that  DHS&EM  is                                                               
involved  in  a  couple  of  "major"  compacts.    The  Emergency                                                               
Management Assistance Compact  is a national compact,  with 49 of                                                               
the 50  states currently  in the compact.   The  compact presents                                                               
the opportunity for states  to provide state-to-state assistance.                                                               
The  resources  are  paid  for  by the  requesting  state.    Mr.                                                               
Liebersbach  mentioned that  Alaska also  belongs to  the Pacific                                                               
Northwest Emergency  Management Arrangement,  which is  a compact                                                               
of Alaska,  Washington, Oregon, Idaho, British  Columbia, and the                                                               
Yukon Territory.  Both  compacts are "congressionally sanctioned"                                                               
compacts.    He  noted  that  there  are  also  local  government                                                               
agreements with each other and military installations.                                                                          
                                                                                                                                
10:10:59 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH  provided  the  committee with  a  list  of  the                                                               
following training  topics:   incident command  system; hazardous                                                               
materials response; chemical,  biological, radiological, nuclear,                                                               
explosive  terrorist  attacks; recognizing  terrorism;  terrorist                                                               
tactics; emergency  operations plan development;  exercise design                                                               
and  evaluation; disaster  response and  recovery; and  emergency                                                               
management professional  development.  He noted  that DHS&EM does                                                               
not conduct  all of  the training itself.   Mr.  Liebersbach also                                                               
provided a list of the  various training audiences:  citizens and                                                               
volunteers;   first   responders;   emergency   managers;   local                                                               
emergency  planning committee  members; elected  officials; state                                                               
and  local government  employees; private  sector employees;  and                                                               
school  staff.   He  highlighted the  training  performed by  the                                                               
division  in  2005.   He  then  presented  information  regarding                                                               
DHS&EM's  outreach efforts.   A  popular outreach  effort is  the                                                               
"quake  cottage" that  is  used at  community  events, state  and                                                               
regional  fairs, schools,  small businesses,  safety events,  and                                                               
health   fairs  to   demonstrate   nonstructural  mitigation   of                                                               
furniture and office equipment.                                                                                                 
                                                                                                                                
10:15:10 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH  described  DHS&EM's  Three-Year  Exercise  Plan                                                               
2004-2006.    In  response  to   Chair  Seaton,  Mr.  Liebersbach                                                               
clarified that  a functional exercise  may be specific to  a type                                                               
of function  - a law  enforcement or a fire  department function,                                                               
or an  ambulance or a hospital.   A full-scale exercise  is "very                                                               
integrated" and would  include a disaster event.   For example, a                                                               
full-scale   exercise  would   include   what   a  hospital,   in                                                               
conjunction with  the police,  does in the  event of  a disaster.                                                               
Alaska Shield/Northern  Edge 2005  was the largest,  most complex                                                               
homeland  security/homeland defense  exercise in  the history  of                                                               
the nation.   It involved air and land forces,  both military and                                                               
civilian,  federal, state,  local,  private sector  at dozens  of                                                               
venues  over  hundreds of  thousands  of  miles.   As  a  result,                                                               
various agencies  got to know  one another, worked  together, and                                                               
assisted one  another, all of which  had a positive outcome.   In                                                               
terms  of  planning,  the Alaska  Shield/Northern  Edge  2007  is                                                               
already underway.                                                                                                               
                                                                                                                                
10:20:05 AM                                                                                                                   
                                                                                                                                
MR. LIEBERSBACH discussed  the Emergency Management Accreditation                                                               
Program (EMAP), which is an  assessment and accreditation program                                                               
for  state/territorial,  tribal  and local  government  emergency                                                               
management programs.   The program is evaluated against  a set of                                                               
54  standards developed  nationally by  state, local  and federal                                                               
emergency  management personnel.    Alaska's baseline  assessment                                                               
met 29  of the 54  standards.  The bare  minimums are set  by the                                                               
Department  of Homeland  Security (DHS)  and  DHS FEMA.   One  of                                                               
Alaska's major shortfalls was a  lack of continuity of operations                                                               
plans,  affecting  seven of  the  standards.    A couple  of  the                                                               
standards  raise  some  questions   as  to  constitutionality  in                                                               
Alaska, and therefore  there may be a question as  to whether the                                                               
state can ever achieve them.                                                                                                    
                                                                                                                                
10:23:03 AM                                                                                                                   
                                                                                                                                
MR. LIEBERSBACH  emphasized that no  matter how prepared  one is,                                                               
"bad stuff  happens" and  a response is  required to  saves lives                                                               
and  property.   The State  Emergency Coordination  Center (SECC)                                                               
has 24-hour capability,  although it is only  staffed 24/7 during                                                               
a  disaster.    He  explained   that  SECC  provides  warning  to                                                               
communities,  coordinates  initial   disaster  responses,  tracks                                                               
Alaska situations,  and produces  a daily  situation report.   He                                                               
highlighted that  under the Local Government  Response, as stated                                                               
in  the State  Emergency  Response Plan,  local officials  direct                                                               
local response operations unless  the governor decides otherwise.                                                               
Similarly, federal  assistance is  intended to support  state and                                                               
local efforts, not to be a  substitute for them.  When requested,                                                               
the state will  provide assistance to the degree  that it legally                                                               
can.    Even  during  a state-declared  disaster,  DHS&EM  is  in                                                               
support of local government.   There are local and state disaster                                                               
processes as well as a  federal declaration process.  The federal                                                               
declaration process  occurs when  the magnitude of  the emergency                                                               
is beyond the capability of the  state to manage and the governor                                                               
submits a request for assistance  to the President.  This request                                                               
is submitted  to FEMA.   The  governor's Disaster  Policy Cabinet                                                               
(DPC)  provides  recommendations  to the  governor,  who  decides                                                               
whether or not to declare a disaster.                                                                                           
                                                                                                                                
10:28:36 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH   said  that  there  are   also  National  Guard                                                               
considerations.    He  explained  that whenever  there  are  life                                                               
safety responses  within the first  72 hours, the  National Guard                                                               
can be  activated "fairly  immediately."   Once the  situation is                                                               
beyond the  72 hours, a number  of things are taken  into account                                                               
such as  competition with local  vendors, which has to  be waived                                                               
by  them.    He  highlighted  that the  National  Guard  is  very                                                               
expensive.   He  then  pointed out  that  following the  response                                                               
comes  the  recovery.   "Response  saves  lives;  recovery  saves                                                               
communities,"  he  said.   Therefore,  recovery  is the  heaviest                                                               
workload on a day-to-day basis.                                                                                                 
                                                                                                                                
10:30:21 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH  then  informed  the committee  that  DHS&EM  is                                                               
currently  involved in  a state-declared  2005 South  East Storm.                                                               
In fact, extension  for a federal declaration  has been requested                                                               
and  DHS&EM  is  in  the process  of  conducting  federal  damage                                                               
assessments  to   determine  if   the  damage  reported   in  six                                                               
communities is  sufficient to  meet the  threshold for  a federal                                                               
declaration.    In the  meantime,  DHS&EM  has an  ongoing  state                                                               
declaration.  In  regard to recovery programs, Alaska  has one of                                                               
the  few   individual  assistance  programs.     Mr.  Liebersbach                                                               
explained  that  the state  maximum  is  $5000, but  obtaining  a                                                               
federal declaration raises the cap  about five fold for a family.                                                               
However,  even with  a  federal  declaration, federal  individual                                                               
assistance  isn't guaranteed.   The  federal government  declares                                                               
program by program.  In  regard to long-term disaster management,                                                               
disasters  have to  remain open  until all  of the  paperwork and                                                               
post-disaster mitigation  work associated  with the  disaster has                                                               
been completed.                                                                                                                 
                                                                                                                                
10:34:18 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH said  that with  only 51  people in  DHS&EM, the                                                               
division  depends  a lot  on  partnerships.   He  explained  that                                                               
DHS&EM works  with most  of its  partners on  a weekly  basis and                                                               
often times  a daily  basis.   The division  is also  involved in                                                               
various professional  associations that  further its  cause, both                                                               
within the state and national associations.                                                                                     
                                                                                                                                
10:34:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN   requested  that  in  a   future  executive                                                               
session,   the  terrorist   defense  measures   that  have   been                                                               
implemented for the protection of  the state capitol in Juneau be                                                               
addressed, particularly  in comparison  to similar  measures that                                                               
may have been implemented in the other 49 states.                                                                               
                                                                                                                                
10:36:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARDNER,  in  regard   to  the  30  vulnerability                                                               
assessments that Mr. Liebersbach  said have been completed, asked                                                               
how many are  yet to be completed and the  time frame to complete                                                               
those.                                                                                                                          
                                                                                                                                
MR. LIEBERSBACH said  that he didn't have the number  or the time                                                               
frame, but offered that it was  100 or fewer in terms of critical                                                               
infrastructure.                                                                                                                 
                                                                                                                                
10:38:23 AM                                                                                                                   
                                                                                                                                
MAJOR  GENERAL CAMPBELL  returned  to ATACA,  a policy  committee                                                               
that  melds  the state  and  federal  issues  in order  to  avoid                                                               
conflict and  facilitate communication.  Of  significant interest                                                               
is identifying the  critical infrastructure in the  state and the                                                               
entity responsible  for it.  In  most cases, it is  a cooperative                                                               
responsibility of more than one entity.                                                                                         
                                                                                                                                
10:40:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  expressed   his  appreciation  of  the                                                               
overview on natural  disasters, and inquired as to  how often the                                                               
plans are reviewed.                                                                                                             
                                                                                                                                
MR. LIEBERSBACH answered,  "No less than annually."   However, he                                                               
noted that  sometimes plans are  reviewed more  frequently, based                                                               
upon  information  DHS&EM  may receive  and/or  information  from                                                               
exercises.                                                                                                                      
                                                                                                                                
MR.   LIEBERSBACH,   in   further  response   to   Representative                                                               
Gruenberg, said  that he feels  that FEMA is "very  effective" in                                                               
Alaska.  In  addition, he opined that FEMA  wasn't ineffective in                                                               
the southeast,  rather FEMA was  made ineffective by  a situation                                                               
in  Louisiana.   He mentioned  that there's  information, due  to                                                               
ongoing  legal  actions  prior  to  Hurricane  Katrina,  that  he                                                               
couldn't discuss.                                                                                                               
                                                                                                                                
10:42:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG  clarified that his interest  is only to                                                               
ensure that  Alaska does  not have similar  problems.   He asked,                                                               
"Is  there anything  that  you  feel needs  to  be  done to  help                                                               
improve  our  relationship  and  the  effectiveness  of  FEMA  in                                                               
Alaska?"                                                                                                                        
                                                                                                                                
10:43:12 AM                                                                                                                   
                                                                                                                                
MAJOR GENERAL  CAMPBELL confirmed  that Alaska  is in  good shape                                                               
with FEMA.   He remarked that  FEMA Region 10, out  of Washington                                                               
State, is  responsible for Alaska  and is  "extremely responsive"                                                               
to Alaska.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked if  it's effective,  since Alaska                                                               
is so  far away from  Seattle, to be placed  in Region 10,  or if                                                               
Alaska should have its own regional FEMA.                                                                                       
                                                                                                                                
MAJOR  GENERAL CAMPBELL  said that  is a  discussion that  he has                                                               
been having with John Pennington,  FEMA Regional Director, Region                                                               
10.   Although  Region 10  has served  Alaska well,  the distance                                                               
issue  is  a  point  of  discussion that  should  continue.    He                                                               
specified  that  the  discussion should  address  whether  Alaska                                                               
should at  least have a sub-office.   He related that  FEMA, from                                                               
the Region 10 perspective, is agreeable to that.                                                                                
                                                                                                                                
10:44:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG   said  he   would  appreciate   it  if                                                               
Commissioner  Campbell  would,  later this  session,  advise  the                                                               
House  State Affairs  Standing Committee  and  the House  Special                                                               
Committee on Military and Veterans'  Affairs regarding whether he                                                               
would like to see an official request from the legislature.                                                                     
                                                                                                                                
MAJOR GENERAL CAMPBELL agreed to do so.                                                                                         
                                                                                                                                
10:44:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if  FEMA was  involved  in  the                                                               
Kaktovik disaster,  and, if so,  he inquired as to  how effective                                                               
it was.                                                                                                                         
                                                                                                                                
10:44:56 AM                                                                                                                   
                                                                                                                                
MR.  LIEBERSBACH informed  the  committee that  the response  was                                                               
state and local,  but the recovery did get  a federal declaration                                                               
and FEMA  has been "very responsive,  once we asked them  to come                                                               
in  and  provide recovery."    He  explained  that FEMA  was  not                                                               
involved in  the initial response;  that was all  handled through                                                               
the programs that  are set up with the different  agencies in the                                                               
federal and  state government and  the oil industry on  the North                                                               
Slope.                                                                                                                          
                                                                                                                                
10:45:20 AM                                                                                                                   
                                                                                                                                
MAJOR  GENERAL CAMPBELL  added that  when  the Kaktovik  disaster                                                               
occurred,  he  received a  personal  call  from John  Pennington,                                                               
asking whether there was anything that  FEMA needed to do.  Major                                                               
General Campbell  advised Mr.  Pennington that  he would  let him                                                               
know should  he determine that  the need is there.   Furthermore,                                                               
Major  General  Campbell  also  received  a  personal  call  from                                                               
General Howie Chandler, asking the  same thing.  Therefore, Major                                                               
General  Campbell   opined  that   Alaska  has   a  fantastically                                                               
integrated organization  that works  with the  federal government                                                               
very well.   He  said that  it is  a perfect  example of  how the                                                               
system should work.                                                                                                             
                                                                                                                                
10:46:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CISSNA informed  the committee  that she  spent a                                                               
great deal of time this summer  working with the Civil Air Patrol                                                               
in  Alaska,  which she  characterized  as  an untapped  resource.                                                               
Therefore, she inquired  as to how the Civil Air  Patrol is being                                                               
used  in Alaska.    Also, as  a community  patrol  member in  her                                                               
neighborhood,  she recognized  the talents  available for  use in                                                               
emergency response.                                                                                                             
                                                                                                                                
10:47:49 AM                                                                                                                   
                                                                                                                                
MAJOR GENERAL CAMPBELL clarified that  the Civil Air Patrol is an                                                               
auxiliary of the United States  Air Force, which provides funding                                                               
to the Civil  Air Patrol to provide the services  it offers.  The                                                               
Civil  Air   Patrol  is  integrated   into  the   DHS&EM's  plan.                                                               
Therefore,  when DHS&EM  is notified  of a  lost aircraft  or any                                                               
type of  emergency over land in  the state that goes  through the                                                               
rescue  coordination  center  in  Anchorage,  the  division  goes                                                               
through  a  priority  list of  resources  available  to  respond,                                                               
including:   state  troopers, The  National Guard,  local police,                                                               
fire  departments, the  Civil  Air Patrol,  the  Coast Guard,  et                                                               
cetera.   Depending on  where the  incident occurs,  the division                                                               
determines  what   resources  should  respond.     Major  General                                                               
Campbell related  that every resource  wants to respond  to every                                                               
emergency, but every resource is not  asked to respond.  He noted                                                               
that  he   has  talked  to   the  Civil  Air  Patrol   about  its                                                               
relationship with the  search and rescue community as  well as to                                                               
the U.S.  Air Force regarding  the Civil Air Patrol's  funding to                                                               
ensure that  it remains  intact and  is not  lost.   The services                                                               
that  the  Civil Air  Patrol  provides  are "very  valuable"  and                                                               
DHS&EM does try to use them to  the degree that it can.  Although                                                               
the  Civil  Air  Patrol  would   like  to  do  more,  it  doesn't                                                               
necessarily mean that there is an ability to use it much more.                                                                  
                                                                                                                                
10:49:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CISSNA  informed the committee that  the Civil Air                                                               
Patrol is comprised,  for the most part, of volunteers  and is an                                                               
incredible resource.                                                                                                            
                                                                                                                                
MAJOR  GENERAL CAMPBELL,  in response  to Representative  Cissna,                                                               
said  that he  would  talk  with her  more  about maximizing  the                                                               
state's use of the Civil Air Patrol.                                                                                            
                                                                                                                                
10:51:24 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON noted  that he is a member of  the Civil Air Patrol,                                                               
which  has a  plane in  Homer and  continuously does  training to                                                               
upgrade the members' skills.                                                                                                    
                                                                                                                                
10:51:49 AM                                                                                                                   
                                                                                                                                
MR. LIEBERSBACH,  in further  response to  Representative Cissna,                                                               
said that the SERC community  emergency response teams are formed                                                               
and trained at the local level by the local jurisdictions.                                                                      
                                                                                                                                
10:52:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CISSNA opined that as  a result of global warming,                                                               
there will be  more potential natural disasters.   She asked what                                                               
considerations Alaska  is making  in that regard  in order  to be                                                               
prepared.                                                                                                                       
                                                                                                                                
10:53:42 AM                                                                                                                   
                                                                                                                                
MR. LIEBERSBACH  responded that although  Alaska does not  have a                                                               
"great"  concerted effort  in  that area,  agencies  such as  the                                                               
National  Oceanic &  Atmospheric  Administration  (NOAA) and  the                                                               
National Weather  Service (NWS)  are doing some  "major" research                                                               
up on the  Polar Regions.  Translating that into  what that means                                                               
from  a disaster  standpoint is  just beginning  to be  reviewed,                                                               
both as  a state  and as  a nation.   Mr.  Liebersbach reiterated                                                               
that  flooding  is  one  of  the  disasters  affected  by  global                                                               
warming.                                                                                                                        
                                                                                                                                
10:56:10 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  stated  that  out  of the  ten  still  open  state                                                               
disasters, nine were flood or storm related.                                                                                    
                                                                                                                                
10:56:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG,   referring  to  page  9   and  LEPCs,                                                               
surmised  that  the  primary jurisdiction  of  LEPCs  deals  with                                                               
hazardous chemicals.  He asked if that is correct.                                                                              
                                                                                                                                
MR.  LIEBERSBACH  clarified  that LEPCs  were  originally,  under                                                               
federal  statute,  created  to  deal  with  hazardous  materials.                                                               
However,  because most  of the  LEPC funding  in Alaska  has come                                                               
from  the  oil and  hazards  fund  [470  fund], LEPCs  have  kept                                                               
hazardous  materials  as  the  primary  focus.    However,  LEPCs                                                               
address all hazards, including natural hazards.                                                                                 
                                                                                                                                
MR.   LIEBERSBACH,   in   further  response   to   Representative                                                               
Gruenberg,  said   that  $7,500-$15,000  per  committee   is  not                                                               
adequate.  Therefore,  he suggested an analysis  to determine the                                                               
amount necessary.                                                                                                               
                                                                                                                                
10:58:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG, referring to  page 10 of the PowerPoint                                                               
presentation,  asked  if  the  numerous  committees  overlap  and                                                               
whether any  streamlining could  be done.   Referring to  page 11                                                               
and the  Pacific Northwest  Emergency Management  Arrangement, he                                                               
asked  if   the  International  Emergency   Management  Assistant                                                               
Memorandum of  Understanding is  a newer  version of  the present                                                               
compact.                                                                                                                        
                                                                                                                                
MR. LIEBERSBACH responded  that it is not a newer  version of the                                                               
present compact  and he would  have to review whether  it's worth                                                               
implementing.                                                                                                                   
                                                                                                                                
10:59:57 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG,  referring  to page  15,  requested  a                                                               
chart consisting  of:  types  of disasters; when in  the calendar                                                               
year  these have  occurred; the  geographic location  where these                                                               
occurred;  the type  of  damage incurred;  and  amount of  damage                                                               
incurred, broken  down by the type  of damage.  In  Alaska, there                                                               
are a lot of relatively small  disasters in the Bush.  Therefore,                                                               
he expressed interest in determining  whether the State of Alaska                                                               
and the Department of Military  and Veterans' Affairs are as well                                                               
trained,  prepared,  and  coordinated  with FEMA  and  the  local                                                               
organizations as they can be.                                                                                                   
                                                                                                                                
11:01:56 AM                                                                                                                   
                                                                                                                                
MAJOR   GENERAL   CAMPBELL   clarified  that   in   the   smaller                                                               
communities, the state  assumes a lot of  the responsibilities up                                                               
front.                                                                                                                          
                                                                                                                                
11:02:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG,   referring  to  page  16   and  EMAP,                                                               
informed Major  General Campbell  that he would  like to  go over                                                               
the 25  standards that Alaska  did not  meet.  He  also expressed                                                               
interest in  discussing the major  shortfall in the COOP  as well                                                               
as any  constitutional questions.   He also  wanted the  chart on                                                               
page 16  to go back  several years  regarding the mix  of federal                                                               
and state funding.                                                                                                              
                                                                                                                                
11:03:18 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON   asked  Representative  Gruenberg  to   limit  his                                                               
questions to  the overview and  save his remaining  questions for                                                               
Major General Campbell for another time.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG characterized  Alaska's $5,000  maximum                                                               
reimbursement for  recovery programs as "paltry."   Therefore, he                                                               
questioned whether it's outdated.                                                                                               
                                                                                                                                
11:04:02 AM                                                                                                                   
                                                                                                                                
MAJOR GENERAL CAMPBELL assured the committee that he will make                                                                  
time to sit down, one-on-one with the members.                                                                                  
                                                                                                                                
11:06:22 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting was adjourned at 11:06                                                                 
a.m.                                                                                                                            

Document Name Date/Time Subjects