Legislature(2005 - 2006)CAPITOL 106
01/10/2006 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Overview: Department of Public Safety | |
| Overview: Department of Military and Veterans' Affairs | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
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.
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