Kansas Legislative Research Department December 18, 2017
MINUTES
JOINT COMMITTEE ON KANSAS SECURITY
October 3-5, 2017 Room 152-S — Statehouse
Members Present Representative Kevin Jones, Chairperson Senator Steve Fitzgerald, Vice-chairperson Senator John Doll (October 3 and 5) Senator Pat Pettey Senator Lynn Rogers Representative Michael Houser Representative Jarrod Ousley Representative Louis Ruiz Representative Eric Smith
Staff Present Jill Shelley, Kansas Legislative Research Department Aaron Klaassen, Kansas Legislative Research Department James Fisher, Kansas Legislative Research Department Jenna Moyer, Office of Revisor of Statutes Kyle Hamilton, Office of Revisor of Statutes (October 3 [morning] and 5) Connie Burns, Committee Assistant
Conferees Kirk Thompson, Director, Kansas Bureau of Investigation Katie Whisman, Kansas Bureau of Investigation Tony Wingartner, Kansas Bureau of Investigation Adam Heflin, Wolf Creek Nuclear Generating Station Dr. Peter Dorhout, Vice President for Research, Kansas State University Dr. Stephen Higgs, Biosecurity Research Institute, Kansas State University Tim Barr, National Bio and Agro-defense Facility John Moes, Department of Homeland Security Dr. Armir Bahadori, TRIGA Mark II Nuclear Reactor Facility, Kansas State University Jackie McClaskey, Secretary of Agriculture Kenneth Titus, Kansas Department of Agriculture Justin Smith, Kansas Department of Agriculture Sandy Johnson, Kansas Department of Agriculture David Hogg, Kansas Department of Agriculture Sara Shipman, Secretary of Administration Captain Andrew Dean, Capitol Police, Kansas Highway Patrol Jonathan York, Kansas Division of Emergency Management Major General Lee Tafanelli, Kansas Adjutant General Others attending See attached list.
Tuesday, October 3, 2017 Morning Session
Chairperson Kevin Jones opened the meeting at 10:00 a.m. The Chairperson went over rules on executive session and welcomed Representative Eric Smith to make a few comments on security procedures related to the tour of Wolf Creek Nuclear Generating Station (Wolf Creek). (Representative Smith formerly worked in security at Wolf Creek.)
Crime Trends and Threats to Public Safety
Kirk Thompson, Director, Kansas Bureau of Investigation (KBI), provided a brief overview and introduction of presenters to the Committee. Director Thompson stated violent crime in Kansas is a threat to the public safety and the number of violent crimes is increasing for the second year; investigation of major and violent crimes is very time-intensive and complex. The capacity to meet the expectations of citizens, law enforcement partners, and prosecutors across the state is insufficient and the State needs to increase the capacity of staff to meet expectations the KBI will prevent these crimes and find those responsible.
Katie Whisman, Executive Officer, KBI, provided an update on Crime Trends and Threats to Public Safety (Attachment 1). The mission of the KBI is to provide professional investigative, laboratory, and criminal justice information services to Kansas criminal justice agencies for the purpose of promoting public safety and preventing crime. The agency is divided into three divisions: investigations, forensic science laboratory, and information services. Each division’s responsibilities were described as follows:
● The Investigations Division. Homicide and other major violent crime, crime against children, governmental integrity and public corruption, and violent or drug-trafficking organizations;
● Forensic Science Laboratory. Biology/DNA/CODIS [Combined DNA Index System] Databank, Chemistry/Controlled Substances, Firearms/Tool marks/SN Restoration, Latents/Footwear/Tiretrack, Questioned Documents, Toxicology, Trace Evidence, and Digital Evidence; and
● Information Services Division. Kansas Incident Based Reporting System, Kansas Offender Registration Program, Automated Fingerprint Identification System, Kansas Central Repository for Criminal History Records Information, and Kansas Criminal Justice Information System Infrastructure.
Violent crime in the following categories is above the ten-year average, and numbers have increased in the past two years:
● Murder – 24.4 percent above the ten-year average; ● Rape – 2.1 percent above;
Kansas Legislative Research Department 2 Joint Committee on Kansas Security Minutes October 3-5, 2017 ● Robbery – 4.8 percent above; and ● Aggravated Assault/Battery – 6.5 percent above.
The numbers of burglary and theft crimes are below the ten-year average, and motor vehicle theft is 13.6 percent above the ten-year average, Ms. Whisman reported. She said criminologists believe motor vehicle theft is replacing burglary as the primary crime of opportunity mostly because of the monetary return and less likelihood of being caught or injured stealing a vehicle than breaking into an occupied dwelling. The KBI believes motor vehicle theft is being used to facilitate the commission of other major crimes, which is a threat to public safety.
Ms. Whisman stated the increases in major crimes result in increased demand for KBI investigative services. She noted more than 70.0 percent of Kansas law enforcement agencies have ten or fewer commissioned officers and several have neither detectives nor trained investigators and depend on the KBI to provide that service. Due to capacity restraints, the KBI has had to reevaluate which cases can be investigated.
Ms. Whisman reported on increases in major violent crimes in Kansas from 2014 to 2016: murder increased by 46.5 percent (101 in 2014, 148 in 2016); rape increased by 11.2 percent (1,012 in 2014, 1,125 in 2016); robbery increased by 26.2 percent (1,341 in 2014, 1,693 in 2016); and aggravated assault and battery increased 14.1 percent (7,075 in 2014, 8,075 in 2016). In 2016, 157 aggravated sex crimes and 271 aggravated assault and battery cases were reported by jurisdictions with no investigators and these cases were not investigated by KBI. She also stated crimes against children are complex investigations and, because the KBI has only six specially trained agents across the state, the KBI accepts only Jessica’s Law cases. In 2016, 100 physical child abuse or endangerment offenses were reported by jurisdictions with no investigators and were not investigated by the KBI.
Ms. Whisman responded to questions on who responds to cases involving children in the custody of the Department for Children and Families. She said if the KBI is not able to accept cases to investigate, then it is left up to local law enforcement. Ms Whisman offered to provide more information on how the KBI investigations staffing numbers compare to those of neighboring states. Ms. Whisman provided the responses from questions from Committee members.
Ms. Whisman continued with information on additional types of investigations. The KBI investigates 50-60 cases a year on governmental integrity, such as allegations of public corruption. The KBI investigates most officer involved shootings (OIS) and on average sends eight investigators in response to each OIS incident. The KBI stopped accepting white collar and other financial crimes cases in fiscal year (FY) 2012 and now accepts only cases involving public officials. Losses to Kansans from internet-based financial crimes increased from $3.9 million in 2015 to $7.0 million in 2016.
Ms. Whisman discussed a graph showing a general downward trend since FY 2009 in number of funded agent positions. For FY 2017 and FY 2018, the number is 74, down from 98 in FY 2009. She said currently 30.0 percent of authorized positions in the investigation division are vacant. Overtime has seen a 733 percent increase in spending since FY 2012, and the number of cases the KBI has declined has increased by 50 percent. She also briefly discussed a decrease in the number of cases the KBI is able to substantially complete within 90 days, reflecting decreased capacity within the agency.
Kansas Legislative Research Department 3 Joint Committee on Kansas Security Minutes October 3-5, 2017 Ms. Whisman identified public safety emerging threats and areas of concern:
● Human trafficking – since 2007, the National Human Trafficking Resource Center has listed 1,276 reports in Kansas and reports 274 cases initiated and 331 victims identified; and
● Drug trafficking – 1) methamphetamine remains the greatest drug threat in region; 2) heroin imports increased sevenfold since 2008; and 3) fentanyl border seizures increased by 83 percent.
Ms. Whisman stated criminal intelligence is one of the most valuable yet least understood and utilized resources available to today’s law enforcement community. She reported the agency submitted an enhancement request to fund 13 of the agency’s 17 authorized but unfunded special agent positions.
Tony Weingartner, Assistant Director, KBI, provided information on investigation of cybercrimes (Attachment 2). The FBI Internet Crime Complaint Center (IC3) receives approximately 280,000 complaints each year, on average. Kansas is 31st in the number of subjects, 32nd in number of victims, and 33rd in financial loss. Since 2015, Kansas has seen a 9 percent increase in number of victims, 30 percent increase in suspects, and 79 percent increase in dollars lost. Best practices are to establish strong governance, define the “ecosystem” of the state response and responsibilities of each player, develop collaborative public and private relationships, and generate an interlocking response strategy to cyber events. He described the ecosystem in Michigan and the KBI’s vision for its investigation of cybercrime and enforcement of laws:
● The KBI would lead any response to incidents with criminal nexus; and ● There would be five “lanes” of digital law enforcement: ○ Digital forensics; ○ Cyber investigation; ○ Proliferation of child pornography and online exploitation of children; ○ Cyber intelligence gathering; and ○ Technical support of investigations. He said each lane requires specific skill-sets and associated training.
Senator Steve Fitzgerald moved, and Representative Louis Ruiz seconded, a motion, that the open meeting of the Joint Committee on Kansas Security in Room 152-S of the Statehouse be recessed for a closed, executive meeting to commence at 11:00 a.m. pursuant to KSA 2016 Supp. 75-4319(a), as amended by section 4 of chapter 73 of the 2017 Session laws of Kansas, to discuss matters relating to security measures that protect the cybercrime investigations and systems of the Kansas Bureau of Investigation listed in KSA 2016 Supp. 75- 4319(b)(12)(C), as amended by section 4 of chapter 73 of the 2017 Session Laws of Kansas, because discussion of such matters in an open meeting would jeopardize such security measures; that the Joint Committee on Kansas Security resume the open meeting in Room 152-S of the Statehouse, at 11:15 a.m., and that this motion, if adopted, be recorded in the minutes of the Joint Committee on Kansas Security and be maintained as a part of the permanent records of the Committee. The motion carried.
Kansas Legislative Research Department 4 Joint Committee on Kansas Security Minutes October 3-5, 2017 The designated essential personnel to be in the closed session in addition to the Committee members were Director Thompson; Ms. Whisman; Mr. Weingartner; Joe Mandala, Chief Information Officer, KBI; and Frank Papish, Assistant Director, KBI.
The meeting was recessed until 11:15 a.m.
The Committee returned to open session at 11:15 a.m. and recessed at 11:16 a.m. The Committee members and staff boarded vans to travel to Wolf Creek.
Afternoon Session Wolf Creek Nuclear Generating Station
Tour of Wolf Creek Nuclear Generating Station
Adam Heflin, Chief Executive Officer and Chief Nuclear Officer, provided an overview of Wolf Creek, located near Burlington, Kansas. The plant has one Westinghouse pressurized water reactor and came on line on June 4, 1985. A new turbine generator rotor was installed in 2011 that increased electrical output to approximately 1250 megawatts. On October 4, 2006, the operator applied to the Nuclear Regulatory Commission (NRC) for a renewal and extension of the plant’s operating license. The NRC granted the renewal on November 20, 2008, extending the license from 40 years to 60 years. The Wolf Creek Nuclear Operating Corporation, a Delaware corporation, operates the power plant. The ownership is divided among Westar Energy (47 percent), Kansas City Power and Light Company (47 percent), and Kansas Electric Power Cooperative, Inc. (6 percent). A flow chart explaining the use of nuclear energy to generate electric power on the secondary, primary, and tertiary loops was provided to the Committee for the tour (Attachment 3). He also discussed emergency preparedness at the plant and answered questions from Committee members.
Wolf Creek personnel led Committee members and staff on a tour of portions of the plant.
Wednesday, October 4, 2017 Morning Session Kansas State University, Manhattan, Kansas
Briefing on Biosecurity Research Institute
Dr. Peter Dorhout, Vice President for Research, Kansas State University (K-State), welcomed the Committee to the Biosecurity Research Institute (BRI) at 10:00 a.m. in Pat Roberts Hall.
Dr. Stephen Higgs, Associate Vice President for Research and Director of the BRI, provided an overview of the BRI. The facility boasts 31,000 square feet of safe and secure containment laboratory, animal holding, and support space. He explained features supporting unique containment projects include:
● Biosafety level 3 (BSL-3) enhanced research laboratories;
Kansas Legislative Research Department 5 Joint Committee on Kansas Security Minutes October 3-5, 2017 ● Core facilities to support molecular virology and immunological studies;
● Animal BSL-3 (ABSL-3), small-animal and BSL-3 agriculture large animal research spaces;
● BSL-2 full-scale food animal safety/security and food processing facility;
● Arthropod containment level-3 (ACL-3) insectary supported by a BSL-2 rearing room;
● Controlled environment rooms for plant and cell culture;
● Walk-in cold rooms and freezers;
● State-of-the-art decontamination and high efficiency particulate air (HEPA) filtration and waste treatment technologies, including tissue digester capabilities; and
● Robust safety and security training programs for all staff and scientists.
The BSL-3 facility securely handles pathogens that may be transmitted by airborne means. The BRI building was designed with safety in mind. Multiple precautions - including security features, directional airflow and HEPA filters—help maintain safety and prevent a pathogen release, Dr. Higgs stated.
Briefing on National Bio and Agro-defense Facility
Tim Barr, Project Manager, National Bio and Agro-defense Facility (NBAF), provided an overview of the NBAF being constructed in Manhattan. NBAF is being built to ensure public health and the safety and security of the national food supply. NBAF will be a $1.25 billion, 580,000-square-foot facility that will provide integrated research, response, and diagnostic capabilities to protect animal and public health. NBAF will replace the federal facility currently located at Plum Island, New York.
John Moes, Security Director, Department of Homeland Security, briefed the Committee on certain security aspects of the facility. He stated a national standard must be achieved and adhered to for this type of facility. NBAF is being designed for the safety and security of the site and the surrounding community, and security is the top priority. NBAF will contain a BSL-4 laboratory, which will be completely self-contained and isolated from all other areas of the facility. There are six BSL-4 facilities in operation, five of which are in large metropolitan areas. The facility will have a specially designed air-handling system that prevents the release of any hazardous materials out of the research space. All waste materials will be sterilized, heat treated, decontaminated, or subjected to combinations of those with disposal strictly regulated. Employees will be strictly supervised by experts in foreign animal and zoonotic diseases. He stated there are three parts to security: physical, operational, and electronic. Security is being addressed during design and construction of the facility, so that any changes that come up can be implemented to make the facility the most secure it can be.
Kansas Legislative Research Department 6 Joint Committee on Kansas Security Minutes October 3-5, 2017 The presenters responded to questions and concerns about any unforeseen breeches that could arise, how to assess the greatest risk and insider threats, and tornado risks.
Briefing on TRIGA Mark II Nuclear Reactor Facility
Dr. Amir Bahadori, Assistant Professor, Manager (Interim) Nuclear Reactor Facility, K- State, provided a briefing on and tour of the TRIGA Mark II Nuclear Reactor Facility. The facility supports academic and education programs, research, industrial service, and outreach. The reactor is licensed to operate at up to 1.25 MW and went critical in 1962. The facility provides tours for area students from grade school to college age.
Dr. Bahadori described the research capabilities of the reactor as including a variety of neutron beams for detector testing, internal imaging using neutron radiography and tomography, tracer isotope production, and trace element analysis via neutron activation analysis. The facility is staffed mostly by licensed undergraduate student operators, thus providing both an opportunity for the students and supporting the staffing need of the local nuclear power industry.
Following this session, the Committee members and staff met with K-State officials for lunch.
Afternoon Session
Overview of Kansas Department of Agriculture’s Role in Agricultural Biosecurity
Jackie McClaskey, Secretary of Agriculture, welcomed the Committee to the Kansas Department of Agriculture (KDA) building in Manhattan at 2 p.m. and provided introductions and an agenda for the KDA’s presentation (Attachment 4).
Authority regarding plant and animal disease. Kenneth Titus, Chief Legal Counsel, KDA, briefed the Committee on the statutory authority of KDA related to security. He stated KDA is responsible for protecting health and economic security for plants – with specific responsibilities related to barberry and preventing transmission of blackstem rust, control of noxious weeds, and control of plant pests – and for control of infectious or contagious animal diseases. The Secretary (independently or in cooperation with any other governmental entity) may carry out official control operations or measures to locate plant pests, and to suppress, control, eradicate, prevent, contain, or retard the spread of any plant pests. (KSA 2016 Supp. 2- 2114)
Mr. Titus explained the Secretary’s authority in response to a plant pest outbreak to enter property, establish quarantines, and seize, treat, or otherwise dispose of plants, plant products, and other regulated articles, and the Secretary’s discretion to proactively engage in mitigation of high risk pests. The Secretary is empowered to adopt the official methods of control and eradication for the noxious weeds listed by statute (KSA 2-1315). This includes coordination with local units of government and the federal government if necessary.
Mr. Titus stated, in response to an animal disease outbreak, KDA is directed to “protect the health of domestic animals from contagious or infectious diseases and [is] empowered to establish, maintain and enforce such quarantine, sanitary and other regulations as necessary”
Kansas Legislative Research Department 7 Joint Committee on Kansas Security Minutes October 3-5, 2017 (KSA 2016 Supp. 47-610). KDA also has full authority to cooperate with federal efforts in the suppression and elimination of infectious and contagious diseases. The Secretary and the Animal Health Commissioner have broad authority to respond to contagious or infectious animal diseases. Mr. Titus reviewed the actions the agency may take once a quarantine is issued, which include:
● Entering a private property to inspect;
● Requesting enforcement assistance from the local sheriff;
● Enforcing directions, rules, and regulations necessary as to separating, isolating, handling, treating, feeding, and caring for diseased animals and for the care of animals not immediately exposed;
● Requiring assistance of other state agencies in enforcing such quarantine; and
● Preventing shipment of infected animals into the state, shipment out of stockyards, or both.
Animal disease response. Dr. Justin Smith, Animal Health Commissioner, Division of Animal Health, provided an update on equine infectious anemia (EIA). Disease investigation involves:
● Suspicious symptoms or death loss noticed by veterinarians or producers;
● Dispatching an Animal Health official veterinarian to conduct an investigation;
● Collecting samples and sending them to specialized laboratories at Plum Island, New York, or Ames, Iowa; and
● In most cases, putting the premises under a non-movement quarantine, pending results of confirmatory testing.
EIA is a non-contagious, infectious disease of equine animals; it is a blood-borne infection spread most frequently by biting insects and for which there is no vaccine, treatment, or cure. Equines must be tested for the disease before interstate transport and before entry into groups, such as at horse shows. Dr. Smith described agency actions in response to a recent outbreak. On August 10, 2017, the Animal Health Commissioner was notified of a positive EIA horse found during routine testing, and he initiated follow-up testing of all horses on the “index premises,” an unsanctioned, informal horse racing facility in Finney County. Five additional EIA- positive horses were identified and one horse was confirmed positive for equine piroplasmosis (EP). Positive horses are usually asymptomatic but remain carriers for life, endangering the health of other horses. Dr. Smith explained the U.S. Department of Agriculture and the State require euthanasia or strict life-long quarantine, which is almost next to impossible to establish for horses testing positive for EIA. Additional horses were tested and 14 found to be infected with EIA or EP, and all confirmed EIA-positive horses had recently been on the index premises. All positive horses have been euthanized and there are more than 30 exposed horses on 4 different premises where positive horses were found. All of the exposed horses are under official quarantine pending retest.
Kansas Legislative Research Department 8 Joint Committee on Kansas Security Minutes October 3-5, 2017 ● Testing responses to outbreaks. Sandy Johnson, Emergency Management Coordinator, briefed the Committee on the foreign animal disease emergency response exercise program for the Department. She described a full-scale exercise based on the premise of a confirmation of a foot-and-mouth disease outbreak; the exercise included feed yards, dairies, and industry partners to learn and improve plans and procedures. The 2017 exercise is scheduled for December 18-20.
David Hogg, Program Manager, Kansas Agriculture Emergency Response Corps (KAERC), provided an overview and information on the KAERC. KAERC will be made up of volunteers representing a broad range of skills who will be trained and prepared to respond rapidly and efficiently to an agricultural emergency. During a large-scale incident, the limited state and federal staff cannot fill all the necessary roles, so the KAERC will use the wide range of skills of volunteers in local communities to meet the needs. All volunteers, regardless of their roles, will complete several training courses as an introduction to the KAERC program to form a foundation for the emergency response framework.
The Secretary addressed questions from Committee members concerning types of personnel needed for statewide incidents; she said the KDA would need veterinarians, communication personnel, volunteer coordinators, and mental health professionals (as people deal with losses of livestock and pets). If the Committee would like to be certain that the exercise planning and volunteer corps continue into the future for the State, she asked the legislators to consider amending law to assure these programs continue. When asked what would the worst case scenario be for the state, the Secretary stated foot and mouth disease, because of how easily it could spread. The Secretary also provided a brief update on Tyson Foods’ efforts to build a poultry production plant in Kansas.
Thursday, October 5, 2017 Morning Session
Chairperson Jones opened the meeting at 9:30 a.m. in room 152-S of the Statehouse.
Update on Security of State Offices across Kansas
Sarah Shipman, Secretary of Administration, updated the Committee on activities related to the security of the State offices across the state (Attachment 5). The Governor recently asked the Secretary to coordinate a review of facility security and training efforts of state offices, after the shooting of a Department of Revenue employee at agency offices in Wichita on September 19, 2017. The Department of Administration has begun a review of State-owned and -leased facilities and the current and desired safety measures. Secretary Shipman said these measures include, but are not limited to, restricted access areas, state or third-party security officers, cameras, metal detectors, and other types of security. The Secretary will be working primarily with the Kansas Highway Patrol, the Adjutant General, and the Office of Information Technology Services to address the physical security measures, technology needs, training opportunities, and policy updates.
The Secretary addressed questions and concerns from Committee members, including on the inability of employees in the Wichita building where the shooting occurred to use office
Kansas Legislative Research Department 9 Joint Committee on Kansas Security Minutes October 3-5, 2017 phones to call 9-1-1 and security cameras being turned off. She responded the phone system is one of the items that will be looked at, and security cameras may or may not be something the State controls depending on the lease for a specific office space. The Secretary stated active shooter training is being set up, and the State manages more than 400 leased buildings across Kansas. The Secretary stated the Department will provide an update in January 2018 to the Committee.
Capitol Complex Security and Threats to Public Officials
Captain Andrew Dean, Kansas Highway Patrol (KHP) – Capitol Police, provided a presentation on Statehouse security (Attachment 6). The Capitol Police provide protection to State employees and visitors who occupy the State-owned or -leased properties in Shawnee County, to include the Capitol Complex and Statehouse. Capitol Police also coordinate and provide security to events for the Capitol Complex, while conducting risk assessments for such events.
Captain Dean stated the Capitol Police have a two-officer investigation team assigned to higher profile cases and to work closely with federal, State, and local law enforcement agencies. These officers have additional training in topics including crime scene security, evidence collection, crime scene photography, fingerprinting, and interview and interrogation techniques.
He described the various types and ranks of officers in the Capitol Police. In 2017 Capitol Police was able to add a public resource/public information officer position. The officer in this position will work on active shooter training, emergency preparedness on the Capitol Complex, recruitment, and social media.
Captain Dean said the Capitol Police oversee the key card access control system for the Capitol Complex and other State properties and their responsibilities include the issuance, activation, and deactivation of key cards, as well as monitoring system users. In 2014, a key card access control policy and forms were created, to improve the overall security of this system. Capitol area guards currently monitor more than 280 security cameras in the Capitol Complex and State-owned or -leased properties in Shawnee County; 109 cameras are assigned to the Statehouse (86 interior and 23 exterior, including 4 FLIR System and 2 infrared cameras).
Captain Dean reported the three Capitol Police officers assigned to the Bicycle Patrol are certified through the International Police Mountain Bike Association. They provide heightened security and visibility in the Complex and support to Capitol Police and community policing efforts. The officers are able to provide quick response times, particularly at special events.
To gain access to the Statehouse, each visitor must submit to the screening processes. Currently Capitol Police are operating two Astrophysics, Inc. X-ray inspection systems (manufactured June 2010) and two Garrett PD 6500i magnetometer “metal detector” systems, Captain Dean testified. Both screening systems were exposed to the Statehouse renovation project’s dust and relocations, warranties have expired, and officers are experiencing problems with systems shutting down unexpectedly. With these issues, Captain Dean said he would recommend, when funding becomes available, considering options to replace existing security screening systems, and to increase screening systems for the loading dock. Cost estimates were provided on new systems and extended warranties.
Kansas Legislative Research Department 10 Joint Committee on Kansas Security Minutes October 3-5, 2017 Captain Dean provided a chart showing Capitol Police Activities from January through August 2017. He stated the Capitol Police continue to investigate reports of disparaging, hateful, or threatening statements made to State officials and employees, and he encouraged each legislator who receives a threat to report it to both local and Capitol Police authorities.
Captain Dean addressed questions and concerns from Committee members by clarifying who may receive a Statehouse security card and access rights it allows. In response to another question, he responded dogs are very expensive to train but are brought into the Statehouse for training and for special events. He also answered questions regarding training on responses to an active shooter situation.
Civilian Involvement in Emergency Response and Emergency Communications
Jonathan York, Response and Recovery Branch Director, Kansas Division of Emergency Management (KDEM), Adjutant General’s Department, updated the Committee on KDEM and the Kansas Response Plan and distributed the booklet Emergency Preparedness for Disasters (Attachment 7). He stated emergency management is the organized analysis, planning, decision making, and assignment of available resources to mitigate, prepare for, respond to, and recover from the effects of all hazards. The system allows state and local governments to plan and prepare for any risk that may affect their communities. He listed these emergency management steps:
● Identify hazards; ● Mitigate those hazards that can be planned for; ● Plan for hazards that cannot be mitigated; ● Train for roles in the plan; ● Conduct exercises based on the plan; and ● Improve the plan.
Mr. York reviewed the roles and responsibilities of governments:
● County government. Each county is responsible for emergency management within its jurisdictional boundaries. Specific emergency actions and responsibilities of local governmental stakeholders are within each county’s emergency operations plan. Major functions of local government in an emergency are direction and control, communications, warning, emergency public information, evacuation, mass care, health and medical assistance, and resource management. He stated county emergency planning involves mutual aid agreements with other localities, Citizen Corps organizations, and participation from local service organizations and private industry.
● State government. The role of the State is to develop and maintain a statewide comprehensive emergency management program; supplement and facilitate local efforts before, during, and after emergencies; provide guidance and assistance to local jurisdictions through program development; and coordinate and integrate resources to local needs. Mr. York noted some of the resources coordinated through state efforts are private, and the State also coordinates with private organizations such as church denomination assistance groups.
Kansas Legislative Research Department 11 Joint Committee on Kansas Security Minutes October 3-5, 2017 ● Federal government. Federal officials are responsible for responding to national emergencies and, when requested, providing assistance to states and tribes if an emergency or disaster exceeds state and local capabilities.
Mr. York reviewed disaster declarations and their roles. County or tribal officials may declare a local disaster either orally or in written form. A Declaration of Governor’s State of Disaster Emergency activates the response and recovery aspects of the Kansas Response Plan. For the President to declare an emergency or a major disaster, a state’s governor or a tribal leader must request such declaration and at least six factors must be considered:
● Concentration of damages;
● Trauma, meaning a number of injuries or deaths, large-scale disruption of normal community functions and services, and emergency needs such as extended widespread power outages, water outages, or both;
● Insurance coverage;
● Number of homes with major damage or destroyed;
● Estimated number of disaster housing applications; and
● Total uninsured loss of at least $7.5 million.
Mr. York stated threshold numbers for assistance to governments (“public assistance”) released October 1, 2017, are costs of $1.43 per person for the state and $3.61 per person at the county level. Public assistance cost shares are 75 percent federal, 10 percent state, and 15 percent for the applicant locality. He also reviewed the main programs of emergency assistance available if a disaster or emergency is federally declared.
Mr. York addressed questions and concerns from Committee members. He stated mutual aid compacts worked well when dealing with wildfires in 2016 and 2017, relief supplies are prepositioned at National Guard armories or other facilities when the need is anticipated (such as heavy rains likely to cause flooding), and no life safety or life sustainment assistance has waited for formal disaster declaration.
Mr. York also updated the Committee on the Kansas Interoperability Communications System (KSICS). (Attachment 8) KSICS is the daily means of communications for the Kansas Department of Transportation, KHP, and 28 other state agencies using 6,237 radios; it provides daily or statewide interoperable use for 24,317 user radios associated with 1,084 non-state entities, an 800 MHz radio frequency band, and 76 antenna sites (towers) across the state.
Regarding broadband for use by emergency responders, Mr. York reported Kansas formally opted into the FirstNet and AT&T plan for providing that capability on August 15, 2017. FirstNet is an independent authority within the U.S. Department of Commerce authorized by Congress in 2012 to develop, build, and operate a nationwide, broadband network for first responders. The broadband network includes send and receive voice, data, video, images, and text without concerns about network congestion.
Kansas Legislative Research Department 12 Joint Committee on Kansas Security Minutes October 3-5, 2017 Mr. York stated FirstNet’s top priority is to reach out to rural areas, address coverage needs in multiple ways, and to deploy the network in places where coverage may be difficult. FirstNet’s wireless broadband network is dedicated solely to public safety allowing law enforcement officers, firefighters, paramedic, and other first responder a high quality of service.
Mr. York addressed questions and concerns from Committee members. He stated broadband capabilities, including preemption of service when necessary, are expected to be available in many areas within a few months. Implementation of FirstNet is expected to expand coverage areas, at no cost to the State, but there may continue to be isolated geographic areas without access. KSICS is expected to continue for at least another 12 years, as radios remain important to emergency communications.
Afternoon Session
Overview of Readiness and Staff of the Kansas National Guard
Major General Lee Tafanelli, Kansas Adjutant General, provided an overview on the readiness and staffing of the Kansas National Guard (Attachment 9). He thanked the Legislature and other Kansans for their support and expressed his pride in the efforts of National Guard members, civilians in KDEM and Kansas Homeland Security, and their families. This past year approximately 1,000 soldiers and airmen deployed around the world, and 1,200 more are preparing to deploy in the next year. He stated the capabilities of U.S. adversaries are formidable, and, in many areas, challenge U.S. capabilities and must not be taken lightly.
The Adjutant General stated the Department has taken actions to reduce inefficiencies and continues to identify opportunities for savings. One example is installing direct digital control units to reduce energy consumption by as much as 20 percent. The Department continues comprehensive reviews of its facilities to identify opportunities to reduce costs by consolidating missions and maintenance efforts to better align with the Department’s long-term strategic goals. By relocating the Kansas National Guard Headquarters, the Kansas Intelligence Fusion Center (KIFC), and KDEM to Forbes Field, the Department can better protect Forbes Field and the 190th Air Refueling Wing from a future Base Realignment and Closure Commission action by establishing it as a joint activity, thus protecting 944 jobs and over $90 million to the state and local economy.
Major General Tafanelli described his top three concerns:
● The federal debt. Increased mandatory spending diverts moneys from defense and mitigating evolving threats;
● Hostile actions and emerging threats. States and non-state actors are increasing their capabilities for producing damage to physical and cyber resources; and
● Fewer youth qualified to serve. Only 29 percent of individuals ages 18-24 are eligible to serve in the Armed Forces due to medial issues, prior legal trouble, drug use, and other disqualifying factors. Less than 1 percent have a propensity to serve in the National Guard alone.
The Adjutant General provided an overview of two key operations in the Department:
Kansas Legislative Research Department 13 Joint Committee on Kansas Security Minutes October 3-5, 2017 ● The KIFC is a multi-agency, multi-disciplinary effort that provides vital information for early threat warnings, prevention efforts, and risk assessment. It operates with a staff of five full-time equivalent employees and provides central coordination of intelligence data, not central control. KIFC’s primary partners are the Attorney General’s Office and the Adjutant General’s Department; the National Guard facilitates access to top-secret information.
● Incident Awareness and Assessment (IAA) through the Kansas Air National Guard 184th Intelligence Wing consists of imagery and sensor analysis with a focus on providing timely and usable information to all levels of command and to local, state, civil, and federal leaders in order to save lives, reduce human suffering, and protect property. IAA was used at Jack Brooks Regional Airport, Beaumont, Texas, during Hurricane Harvey to track flooded roadways and in Florida to show traffic volume related to Hurricane Irma.
Major General Tafanelli addressed questions and concerns from Committee members. Asked about being stretched too thin when several national or state disasters happen at or around the same time, Major General Tafanelli responded that through the Emergency Management Assistance Compact (a nationally adopted mutual aid agreement among states to share resources), resources can be brought in to assist in a coordinated response and maintain readiness for ten “essential capabilities” within the state. He stated to be competitive with surrounding states also competing for recruits, the State tuition benefit is very important and helps with this challenge. However, uncertainty about the amount each person will get is a detriment, and surrounding states offer 100 percent tuition assistance. He described further challenges with retaining personnel as they add family responsibilities and face the likelihood of extended deployments. He noted Cargill had recently won a Department of Defense award for its support of its military-related employees. He also briefly discussed programs to enhance the emotional and mental well-being of Department employees and encouraged involvement in the local Citizen Corps organizations.
The Committee requested information on the breakdown of service men and women in the public and private sector; the Major General will also provide the contact information for Citizen Corps and other civilian volunteer groups.
Committee Comments and Recommendations
Chairperson Jones stated conclusions and recommendations would be determined by consensus unless the subject matter was controversial, and he asked Committee members to be careful not to disclose information heard in closed session.
At the suggestion of Representative Ruiz, the Committee recommends the Secretary of State, for all upcoming elections, protect the integrity of Kansas voting machines, protect against hacking, and assure the voters of Kansas that the voting is tamper proof, and the Committee encourages the House Committee on Elections and the Senate Committee on Ethics, Elections and Local Government look at this issue.
On the suggestion of Chairperson Jones and after Committee discussion, the Committee recommends the House Committee on Appropriations and the Senate Committee on Ways and Means consider the KBI enhancement presented to fund agent positions, particularly investigation positions, to better ensure security within the state. There was discussion on the
Kansas Legislative Research Department 14 Joint Committee on Kansas Security Minutes October 3-5, 2017 number of filled and unfilled positions, the numbers of positions compared with numbers in nearby states, and the need for the Legislature to study Kansas’ overall law enforcement capacity as compared with demands on law enforcement and as compared with capacity in similar states.
On the suggestion of Senator Rogers, the Committee recommends every state employee be offered active shooter training and Secretary Shipman update the Committee on the status of that training and security and security procedures at the state-owned and -leased buildings at the Committee’s next meeting. The Committee encourages a thorough review of procedures and current state agency practices.
The Committee commends Wolf Creek officials on their security measures and security planning.
At the suggestion of Senator Goddard, the Committee recommends the House Committee on Appropriations and the Senate Committee on Ways and Means consider authorizing the Kansas Division of Emergency Management to hire a Planner II NBAF position to provide emergency management planning specific to the NBAF currently under construction near the Kansas State University’s Manhattan campus for FY 2019 (Attachment 10).
Representative Ruiz moved to have the Committee introduce a bill that a designated Ranking Minority member be appointed for each interim committee. Senator Fitzgerald seconded the motion. The motion carried.
At the suggestion of Chairperson Jones, the Committee recommends continuity and priority of the KDA’s Emergency Exercise Plan for biosecurity and the KAERC through administration changes, by placing those duties into statute. It was suggested the KDA recommend a bill.
The meeting was adjourned at 3:00 p.m.
Prepared by Connie Burns Edited by Jill Shelley and James Fisher
Approved by the Committee on: December 12, 2017 (Date)
Kansas Legislative Research Department 15 Joint Committee on Kansas Security Minutes October 3-5, 2017