Legislature(2021 - 2022)GRUENBERG 120

03/10/2021 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ HB 3 DEFINITION OF "DISASTER": CYBERSECURITY TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 57 FUNDS SUBJECT TO CBR SWEEP PROVISION TELECONFERENCED
Scheduled but Not Heard
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 105 DETENTION OF MINORS TELECONFERENCED
Moved CSHB 105(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 10, 2021                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Harriet Drummond                                                                                                 
Representative Liz Snyder, Vice Chair                                                                                           
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative David Eastman                                                                                                    
Representative Christopher Kurka                                                                                                
Representative Sarah Vance                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 105                                                                                                              
"An  Act   relating  to  the   duties  of  the   commissioner  of                                                               
corrections;  relating to  the detention  of minors;  relating to                                                               
minors  subject to  adult courts;  relating to  the placement  of                                                               
minors  in adult  correctional facilities;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 105(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An Act relating to the definition of 'disaster.'"                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 105                                                                                                                  
SHORT TITLE: DETENTION OF MINORS                                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/19/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/21       (H)       JUD, HSS                                                                                               
03/05/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/05/21       (H)       Heard & Held                                                                                           
03/05/21       (H)       MINUTE(JUD)                                                                                            
03/08/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/08/21       (H)       <Bill Hearing Canceled>                                                                                
03/10/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 3                                                                                                                    
SHORT TITLE: DEFINITION OF "DISASTER": CYBERSECURITY                                                                            
SPONSOR(s): JOHNSON                                                                                                             
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       STA, JUD                                                                                               
02/23/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/21       (H)       Heard & Held                                                                                           
02/23/21       (H)       MINUTE(STA)                                                                                            
03/02/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/02/21       (H)       Moved CSHB 3(STA) Out of Committee                                                                     
03/02/21       (H)       MINUTE(STA)                                                                                            
03/08/21       (H)       STA RPT CS(STA) 1DP 1NR 5AM                                                                            
03/08/21       (H)       DP: KREISS-TOMKINS                                                                                     
03/08/21       (H)       NR: TARR                                                                                               
03/08/21       (H)       AM: CLAMAN, STORY, EASTMAN, VANCE,                                                                     
                         KAUFMAN                                                                                                
03/10/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SAMANTHA CHEROT, Esq., Public Defender                                                                                          
Public Defender Agency                                                                                                          
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  On behalf of the administration, provided                                                                
invited testimony in support of HB 105.                                                                                         
                                                                                                                                
MATT DAVIDSON, Social Services Program Officer                                                                                  
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of the administration provided                                                                 
explanations of proposed amendments to HB 105.                                                                                  
                                                                                                                                
ERICK CORDERO-GIORGANA, Staff                                                                                                   
Representative DeLena Johnson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Assisted in introducing CSHB 3(STA) on                                                                   
behalf of Representative Johnson, prime sponsor.                                                                                
                                                                                                                                
REPRESENTATIVE DELENA JOHNSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    As the  prime  sponsor,  introduced  CSHB
3(STA).                                                                                                                         
                                                                                                                                
ERIC WYATT, Information Technology (IT) Director                                                                                
Matanuska-Susitna Borough                                                                                                       
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information  about a cyberattack in                                                             
2018 and how CSHB 3(STA) may help.                                                                                              
                                                                                                                                
MARK BREUNIG, Chief Information Security Officer                                                                                
Department of Administration                                                                                                    
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:    Offered   testimony  pertaining  to  CSHB
3(STA).                                                                                                                         
                                                                                                                                
NILS ANDREASSEN, Executive Director                                                                                             
Alaska Municipal League                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of CSHB 3(STA).                                                                     
                                                                                                                                
PETER HOUSE, CEO                                                                                                                
Deeptree, Inc.                                                                                                                  
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:    Offered   testimony  pertaining  to  CSHB
3(STA).                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:57 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:33  p.m.   Representatives Kreiss-Tomkins,                                                               
Drummond, Snyder, and  Claman were present at the  call to order.                                                               
Representatives Eastman, Kurka, and  Vance arrived as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
                   HB 105-DETENTION OF MINORS                                                                               
                                                                                                                                
1:34:31 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE  BILL NO.  105,  "An  Act relating  to  the  duties of  the                                                               
commissioner  of  corrections;  relating   to  the  detention  of                                                               
minors; relating to  minors subject to adult  courts; relating to                                                               
the  placement of  minors in  adult correctional  facilities; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR CLAMAN  noted that HB 105  is sponsored by the  House Rules                                                               
Committee by request of the governor  and that this is the bill's                                                               
second hearing before the committee.                                                                                            
                                                                                                                                
1:34:58 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  opened invited testimony on  HB 105.  He  asked Ms.                                                               
Samantha Cherot,  Public Defender Agency, to  provide perspective                                                               
on the bill.                                                                                                                    
                                                                                                                                
1:35:32 PM                                                                                                                    
                                                                                                                                
SAMANTHA CHEROT,  Esq., Public Defender, Public  Defender Agency,                                                               
Department of  Administration, on  behalf of  the administration,                                                               
provided  invited testimony  in support  of HB  105.   She stated                                                               
that   keeping   children  subject   to   the   auto  waiver   or                                                               
discretionary  waiver  in  Division  of  Juvenile  Justice  (DJJ)                                                               
facilities  until  they reach  age  18  should result  in  better                                                               
conditions  for the  impacted children  as  long as  DJJ has  the                                                               
necessary resources  for programming  and to care  for them.   It                                                               
should  eliminate  children  being   held  in  segregation  while                                                               
incarcerated  and  it should  ensure  their  continued access  to                                                               
necessary   educational  services   and   programming  in   DJJ's                                                               
facilities  focused  on  rehabilitation  and  which  will  better                                                               
enable  these children  to develop  the necessary  skill sets  to                                                               
reduce  recidivism  and  to   foster  their  continued  cognitive                                                               
development.  This is critical  given the fundamental differences                                                               
between juvenile and adult minds and  that the brain is not fully                                                               
formed until one's mid-twenties.                                                                                                
                                                                                                                                
1:36:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN closed invited testimony.                                                                                          
                                                                                                                                
CHAIR CLAMAN  announced he would entertain  amendments and stated                                                               
for the record that Legislative  Legal Services has permission to                                                               
make any technical and conforming changes to the bill.                                                                          
                                                                                                                                
CHAIR CLAMAN handed the gavel to Vice Chair Snyder.                                                                             
                                                                                                                                
1:37:54 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  moved to adopt Amendment  1 to HB 105,  labeled 32-                                                               
GH1576\A.1, Radford, 3/8/21, which read:                                                                                        
                                                                                                                                
     Page 5, line 7:                                                                                                            
          Delete "AS 47.12.250"                                                                                                 
     Insert "(k) of this section"                                                                                               
                                                                                                                                
REPRESENTATIVE DRUMMOND objected.                                                                                               
                                                                                                                                
1:38:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN stated  that the Division of  Juvenile Justice would                                                               
explain Amendment  1 given the  division requested that  he offer                                                               
this amendment and a second  amendment in coordination with DJJ's                                                               
discussions with the court system.                                                                                              
                                                                                                                                
1:38:27 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile Justice (DJJ), Department  of Health and Social Services                                                               
(DHSS), on behalf  of the administration, said  Amendment 1 would                                                               
correct  a drafting  error  in  HB 105.    He  drew attention  to                                                               
Section 2  of the proposed bill,  page 4, line 30,  which removes                                                               
an  existing  reference  in  state  statute  to  the  holding  of                                                               
nondelinquent  minors under  AS  247.12.120 and  247.12.250.   He                                                               
explained  that Amendment  1 would  remove  another reference  to                                                               
247.12.250 [on  page 5,  line 7]  in Section 2,  and would  add a                                                               
reference  to  the  process  delineated in  Section  3,  the  new                                                               
subsection  (k)  [that would  be  added  to  AS 47.10.141].    He                                                               
further  explained that  existing statute  mistakenly contains  a                                                               
reference to how delinquent minors would  be held in a process to                                                               
hold  nondelinquent minors.   So,  it is  circular, and  this was                                                               
recognized during  drafting of the  bill.  This  correction would                                                               
just  carry  on  that  correction  to  remove  the  reference  to                                                               
delinquency statute for secure holds for nondelinquent minors.                                                                  
                                                                                                                                
1:40:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND asked  where the  new subsection  (k) is                                                               
located within the bill.                                                                                                        
                                                                                                                                
MR.  DAVIDSON replied  that  Section 3  [on page  5]  is the  new                                                               
subsection (k)  that describes  the process  under which  a court                                                               
must go and  consider and the process for the  process of holding                                                               
nondelinquents temporarily in juvenile justice facilities.                                                                      
                                                                                                                                
REPRESENTATIVE DRUMMOND requested  further clarification on where                                                               
in the bill the [new subsection (k)] is located.                                                                                
                                                                                                                                
CHAIR CLAMAN brought  attention to Section 2, [page  4, line 24],                                                               
which states  AS 47.10.141(c).   He explained that when  it later                                                               
says  on  page  5  "under   subsection  (k)"  it  is  referencing                                                               
47.10.141.  He  then directed attention to Section 3  [on line 12                                                               
of  page 5],  which states  AS  47.10.141, and  pointed out  that                                                               
subsection (k) is right below [beginning on line 13].                                                                           
                                                                                                                                
1:41:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked what the practical  effect would be                                                               
if Amendment 1 failed.                                                                                                          
                                                                                                                                
MR. DAVIDSON  answered that  the practical  effect is  not great,                                                               
but that it is an opportunity to  clean up this statute.  He said                                                               
delinquents  are  not  held  under  this  process  -  delinquency                                                               
statute contains  all the process  needed for  holding delinquent                                                               
minors in  secure facilities  - but it  could lead  to confusion,                                                               
and this is an opportunity to clean it up.                                                                                      
                                                                                                                                
1:42:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND removed  her objection  to Amendment  1.                                                               
[There being no further objection, Amendment 1 was adopted.]                                                                    
                                                                                                                                
1:43:05 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:43:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN moved  to  adopt Amendment  2  to HB  105,                                                               
labeled 32-GH1576\A.3, Radford, 3/9/21, which read:                                                                             
                                                                                                                                
     Page 7, line 22:                                                                                                           
          Delete "A minor shall be transferred"                                                                                 
          Insert "The department shall transfer a minor                                                                         
        subject to the provisions of AS 47.12.030(a) or                                                                         
     47.12.100"                                                                                                                 
                                                                                                                                
     Page 7, lines 27 - 30:                                                                                                     
          Delete all material and insert:                                                                                       
          "(c)  If there is no available juvenile detention                                                                     
     facility in a community where a trial is being held or                                                                     
      if a juvenile facility is inappropriate for a minor,                                                                      
     the  department may  request that  the court  order, in                                                                    
     the interest  of justice,  that a minor  be held  in an                                                                    
     adult correctional  facility with or without  sight and                                                                    
     sound separation  from adult offenders. In  making this                                                                    
     decision, the court shall consider"                                                                                        
                                                                                                                                
     Page 8, line 12:                                                                                                           
          Delete "court shall hold"                                                                                             
     Insert "department shall request"                                                                                          
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for discussion purposes.                                                                       
                                                                                                                                
1:43:30 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN requested Mr. Davidson explain Amendment 2.                                                                        
                                                                                                                                
MR.  DAVIDSON   explained  Amendment  2  would   add  substantive                                                               
clarifications that  were identified in  the review process.   He                                                               
said the  first of the three  changes proposed in Amendment  2 is                                                               
on page 7, line 22, and clarifies  that when the bill says at age                                                               
18 minors will be transferred  to Department of Corrections (DOC)                                                               
custody, it  is talking about  only the  minors that are  part of                                                               
this section, which are the  auto waiver minors and discretionary                                                               
waiver minors, not  delinquent minors.  This part  of Amendment 2                                                               
clarifies that minors  who are in DJJ facilities as  part of this                                                               
new program, but they are considered  adults as part of the adult                                                               
court system, will  be transferred to DOC custody at  age 18.  It                                                               
does not apply to delinquent  minors.  Most DJJ jurisdiction ends                                                               
at age 18.   In some cases, a court  can extend that jurisdiction                                                               
to  age 19  with another  court finding,  and in  some very  rare                                                               
cases  if the  minor consents  to  it, a  minor can  stay in  DJJ                                                               
jurisdiction until  age 20.  This  would not apply to  minors who                                                               
are  subject to  the auto  waiver or  discretionary waiver;  they                                                               
would be transferred to DOC facilities at age 18.                                                                               
                                                                                                                                
1:45:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND   noted  that  if  "A   minor  shall  be                                                               
transferred"  is   deleted  and  insert  "The   department  shall                                                               
transfer a minor subject to  the provisions of AS 47.12.030(a) or                                                               
47.12.100", the  sentence would then read,  "The department shall                                                               
transfer a minor subject to  the provisions of AS 47.12.030(a) or                                                               
47.12.100   to  a   facility  operated   by  the   Department  of                                                               
Corrections when  the minor  turns 18  years of  age."   She said                                                               
this sentence does  not make sense and asked whether  this is the                                                               
intention for how the language would read.                                                                                      
                                                                                                                                
CHAIR CLAMAN  answered that  the initial  draft of  the amendment                                                               
used the passive voice and  Legislative Legal Services provided a                                                               
reminder that an active voice needed to be used.                                                                                
                                                                                                                                
MR. DAVIDSON stated that the new  language would be in the active                                                               
voice and, in his opinion, reads as a complete sentence.                                                                        
                                                                                                                                
REPRESENTATIVE DRUMMOND  said it  is confusing and  suggested the                                                               
addition  of  commas,  so  that the  sentence  would  read,  "The                                                               
department shall transfer  a minor, subject to  the provisions of                                                               
AS  47.12.030(a) or  47.12.100,  to a  facility  operated by  the                                                               
Department of Corrections when the minor turns 18 years of age."                                                                
                                                                                                                                
1:47:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  what would be the  worst thing that                                                               
would happen if this amendment were not to pass.                                                                                
                                                                                                                                
MR. DAVIDSON  advised that  this amendment  is necessary  for the                                                               
bill to  move forward.  He  related that several parties  said it                                                               
was  confusing, including  DOC that  initially wondered  how many                                                               
minors DJJ would  be transferring at age 18 if  this bill passed.                                                               
He said the  intent is only minors that DJJ  is holding on behalf                                                               
of DOC, not minors that  DJJ is holding under delinquency statute                                                               
who may be 18 or 19 years old in some cases.                                                                                    
                                                                                                                                
CHAIR CLAMAN added that [the  third of the three proposed changes                                                               
in Amendment  2] is [to  delete] "court shall hold"  [and insert]                                                               
"department shall request".  He  said this change recognizes that                                                               
generally the court doesn't take these  things up on its own, but                                                               
they  come up  when somebody  makes a  motion.   So, this  change                                                               
would  put  the responsibility  on  the  department to  make  the                                                               
motion for the  court to review the status rather  than the court                                                               
scheduling a hearing on its own.                                                                                                
                                                                                                                                
1:49:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   inquired  whether  he  is   correct  in                                                               
understanding  that  as currently  drafted,  HB  105, Version  A,                                                               
allows the  court to intervene  and gives that  judge discretion,                                                               
but Amendment 2 would remove this discretion.                                                                                   
                                                                                                                                
MR. DAVIDSON replied,  "No."  He explained that  the first change                                                               
on  page 7,  line  22,  just clarifies  that  when talking  about                                                               
transferring custody to DOC, it  is only talking about the waived                                                               
youths, not the delinquent youths.                                                                                              
                                                                                                                                
1:50:07 PM                                                                                                                    
                                                                                                                                
MR.  DAVIDSON continued  explaining  Amendment 2.    He said  the                                                               
second of the three  changes is on page 7, lines  27-30.  He said                                                               
this  change  clarifies  the circumstances  that  the  department                                                               
would  request   the  court  consider  variance   from  this  new                                                               
requirement that  auto waived minors  be held in  DJJ facilities.                                                               
It  is  two parts.    It  currently reads  that  if  there is  no                                                               
juvenile facility  available, which is unclear  because there are                                                               
juvenile facilities in  six communities around the  state; but if                                                               
a trial  is being held in  Dillingham, for example, it  is wanted                                                               
for  the court  to have  the option  to choose  to have  a waived                                                               
minor held in the community where  the trial is being held.  [The                                                               
Department of Juvenile  Justice] wants to be  very specific about                                                               
that circumstance.   The second  circumstance is when a  minor is                                                               
inappropriate for  a juvenile  facility and  the court  must take                                                               
into  consideration the  different circumstances  of that  minor,                                                               
such as age  and behaviors, as part of the  court's finding.  So,                                                               
[the second change] clarifies the  conditions that the department                                                               
would seek a  waiver from the new rules, and  that the department                                                               
is responsible for making that request  and that the court is not                                                               
responsible for tracking that information.                                                                                      
                                                                                                                                
1:51:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether allowing the  department to                                                               
make that request results in the  legal effect of now denying the                                                               
court's ability to do that  absent the department's request or if                                                               
the department is slow in making a request.                                                                                     
                                                                                                                                
MR.  DAVIDSON responded  that he  and Director  Dompeling do  not                                                               
believe the courts  would be intervening to decide  where a minor                                                               
should  be held.   He  said  Ms. Meade  [General Counsel,  Alaska                                                               
Court  System] might  testify if  asked that  [the courts]  would                                                               
prefer the department make the  request and then the courts would                                                               
make a  judgement.  But,  he continued,  [the courts] are  not in                                                               
the business of deciding without  request where a minor should be                                                               
held.   He recounted that  in the  previous hearing, DJJ  said it                                                               
believes that  for most of these  cases the division will  be the                                                               
one  holding  minors subject  to  the  automatic waiver  and  the                                                               
discretionary  waiver,  and that  these  variances  would not  be                                                               
something DJJ would be seeking on  a regular basis.  The division                                                               
is equipped to  handle most of these cases, and  it would be very                                                               
rare that DJJ would seek a variance.                                                                                            
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  requested Mr. Davidson explain  the third                                                               
change proposed  in Amendment 2  and to state what  the practical                                                               
consequences would be if [the amendment fails].                                                                                 
                                                                                                                                
MR. DAVIDSON reviewed the third  of the three changes proposed in                                                               
Amendment 2, a change that would be  made on page 8, line 12.  He                                                               
explained that this  change is like the one aspect  of the second                                                               
change  which  emphasizes   the  department's  responsibility  to                                                               
request a continuance of that decision  by the court that a minor                                                               
can  be held  in an  adult  facility.   He related  that this  is                                                               
something  the  court  system  requested   of  DJJ  in  terms  of                                                               
amendment to  clarify that the  court system  is not going  to be                                                               
tracking  where minors  in DOC  custody  are being  held, but  if                                                               
[DJJ] wants  to have  a variance under  this process  [DJJ] would                                                               
request  it of  the court.   It's  an extension  of the  previous                                                               
section where the department will request  of the court to make a                                                               
continuation of this finding.                                                                                                   
                                                                                                                                
1:55:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND removed  her objection  to Amendment  2.                                                               
There being no further objection, Amendment 2 was adopted.                                                                      
                                                                                                                                
VICE CHAIR SNYDER returned the gavel to Chair Claman.                                                                           
                                                                                                                                
1:56:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  moved to report  HB 105, as  amended, from                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  105(JUD)  was                                                               
reported out of the House Judiciary Standing Committee.                                                                         
                                                                                                                                
          HB 3-DEFINITION OF "DISASTER": CYBERSECURITY                                                                      
                                                                                                                                
1:56:49 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  3,  "An  Act  relating  to  the  definition  of                                                               
'disaster.'"  [Before the committee was CSHB 3(STA).]                                                                           
                                                                                                                                
1:57:07 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:57 p.m. to 2:00 p.m.                                                                       
                                                                                                                                
2:00:48 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted that this is  the first hearing of CSHB 3(STA)                                                               
in this committee.                                                                                                              
                                                                                                                                
2:01:02 PM                                                                                                                    
                                                                                                                                
ERICK  CORDERO-GIORGANA,  Staff, Representative  DeLena  Johnson,                                                               
Alaska State Legislature, assisted  in introducing CSHB 3(STA) on                                                               
behalf of Representative Johnson, prime  sponsor.  He stated that                                                               
Alaska  statute   is  vague  about   whether  a   cyberattack  or                                                               
cyberthreat could elicit an emergency  declaration.  He explained                                                               
that  HB  3  would  add  cybersecurity to  the  definition  of  a                                                               
disaster  to   update  Alaska's   laws,  give  clarity,   and  if                                                               
necessary,  use resources  to act  if there  is a  widespread and                                                               
imminent  threat.   There  is  an  alarming rate  of  cyberthreat                                                               
throughout the  world and nation, he  pointed out.  Not  long ago                                                               
the  Matanuska-Susitna (Mat-Su)  Borough  was shut  down after  a                                                               
cyberattack,  creating  severe   disruptions  in  the  day-to-day                                                               
service  and operation  of the  local  government.   The City  of                                                               
Valdez  was the  target of  a ransomware  attack, and  many funds                                                               
were spent  to again  be able to  access the  city's information.                                                               
The  states  of  Louisiana,  Florida, and  Colorado  declared  an                                                               
emergency after a cyberattack disrupted  most of their government                                                               
operations not too long ago.                                                                                                    
                                                                                                                                
2:02:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DELENA  JOHNSON, Alaska State Legislature,  as the                                                               
prime  sponsor,   introduced  CSHB  3(STA).     She  stated  that                                                               
cybersecurity needs  to be added  to the  list of reasons  for an                                                               
emergency   declaration.     She   explained   that  a   disaster                                                               
declaration  would provide  for disaster  relief funds,  to apply                                                               
for  federal funds  and  resources that  might  not otherwise  be                                                               
readily  available, for  disaster preparedness  planning, and  to                                                               
provide for  intervention when the  security of  Alaska residents                                                               
has been  compromised.  She  deferred to Mr.  Cordero-Giorgana to                                                               
continue discussing the bill.                                                                                                   
                                                                                                                                
2:03:47 PM                                                                                                                    
                                                                                                                                
MR.  CORDERO-GIORGANA  reiterated  that  CSHB  3(STA)  would  add                                                               
cybersecurity  attacks  and  threats   to  the  definition  of  a                                                               
disaster.   He said the bill  would add [subparagraph] (F)  to AS                                                               
[26.23.900(2)]  within  the  general  provisions  of  the  Alaska                                                               
Disaster  Act.   He read  from the  proposed subparagraph,  which                                                               
read as follows:                                                                                                                
                                                                                                                                
     (F)  a  cybersecurity   attack  that  affects  critical                                                                
     infrastructure  in  the  state, an  information  system                                                                
     owned  or   operated  by  the  state   or  a  political                                                                
     subdivision of  the state,  information that  is stored                                                                
     on,  processed by,  or  transmitted  on an  information                                                                
     system owned  or operated by  the state or  a political                                                                
     subdivision of  the state, or  a credible threat  of an                                                                
     imminent   cybersecurity    attack   or   cybersecurity                                                                
     vulnerability that  the commissioner  of administration                                                                
     or  commissioner's designee  certifies to  the governor                                                                
     has  a  high  probability  of  occurring  in  the  near                                                                
     future;  the certification  must be  based on  specific                                                                
     information that critical  infrastructure in the state,                                                                
     an information  system owned or  operated by  the state                                                                
     or   a  political   subdivision   of   the  state,   or                                                                
     information  that  is  stored   on,  processed  by,  or                                                                
     transmitted on an information  system owned or operated                                                                
     by the  state or a  political subdivision of  the state                                                                
     may be affected;                                                                                                       
                                                                                                                                
MR.  CORDERO-GIORGANA noted  that  the changes  in the  committee                                                               
substitute  before the  committee,  CSHB 3(STA)  added the  words                                                               
"political  subdivision"  to  page  2,  lines  19  and  21.    He                                                               
explained that this was done  for clarity to ensure that boroughs                                                               
and local governments were not left out.                                                                                        
                                                                                                                                
MR. CORDERO-GIORGANA  stressed that  the bill is  necessary given                                                               
that nowadays it  is heard in the news  about foreign governments                                                               
trying  to  hack  U.S.  computer  systems,  which  includes  U.S.                                                               
electric grids,  hospitals, airports,  and services  that provide                                                               
energy or critical  infrastructure.  He allowed  that the meaning                                                               
of critical  infrastructure is  currently open  to interpretation                                                               
but advised that the duty to  make that definition rests with the                                                               
Department of  Military and Veterans Affairs,  but the department                                                               
was unable to come before the committee today.                                                                                  
                                                                                                                                
2:07:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN requested  a definition of "cybersecurity"                                                               
and noted  that the term is  not defined here.   He further asked                                                               
whether it is  defined elsewhere in statute  or whether something                                                               
would be used to reference the meaning of the term.                                                                             
                                                                                                                                
MR.  CORDERO-GIORGANA   replied  that   it  would   be  technical                                                               
definitions by  professionals for cybersecurity  and cyberthreat.                                                               
Usually, he continued, they are  defined as events that result in                                                               
data exposure,  data loss,  outright alteration,  or impact  to a                                                               
service.  He stated that there  is no exact definition in statute                                                               
and  that cybersecurity,  like technology,  keeps  changing on  a                                                               
day-to-day  basis so  that today's  definition may  [be different                                                               
from a future definition].                                                                                                      
                                                                                                                                
2:08:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  said she appreciates the  bill's intent.                                                               
She said  she understands  from Mr.  Cordero-Giorgana's testimony                                                               
that a political  subdivision of the state would be  a borough or                                                               
municipality.     She  noted  that   school  districts   and  the                                                               
University  of Alaska  have massive  databases and  asked whether                                                               
they would be considered political subdivisions of the state.                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON qualified she  is speaking from experience                                                               
and  not immediate  research,  but her  understanding  is that  a                                                               
school district  would fall  under a borough.   She  related that                                                               
the  boroughs  in  Alaska  were originally  created  in  1964  to                                                               
oversee  and dispense  money to  the school  districts.   So, she                                                               
continued, the political subdivision in  that instance would be a                                                               
borough.   The unorganized borough  would be under the  state and                                                               
under  the state's  purview.   The  University of  Alaska is  not                                                               
identified as a  political subdivision of the state  and it's not                                                               
an incorporated  borough or municipality  or city, so  her belief                                                               
is  that it  would fall  under State  of Alaska  equipment.   She                                                               
offered to get back to the committee with details if requested.                                                                 
                                                                                                                                
2:10:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  stated that the computer  systems of the                                                               
Anchorage School  District (ASD) are totally  separate from those                                                               
of  the  Municipality  of  Anchorage.    Given  there  have  been                                                               
arguments over  the last  20 years about  whether they  should be                                                               
combined she said  she isn't sure the  aforementioned would apply                                                               
to a school district that  is ultimately governed by that borough                                                               
or municipality which used to be a  borough and a city.  She said                                                               
she  thinks  Representative  Johnson  is  covering  the  regional                                                               
educational attendance areas (REAAs)  in the unorganized borough.                                                               
She added that the state  gives the school districts roughly $1.2                                                               
billion to spend,  and if [the districts'  systems] were breached                                                               
in a  cybersecurity attack, then  a lot  of services would  be at                                                               
risk.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  DRUMMOND, responding  to Chair  Claman, requested                                                               
clarity  on   what  is   included  in   the  list   of  political                                                               
subdivisions.  She said if  it doesn't cover school districts and                                                               
the university, she would like to find a way to cover them.                                                                     
                                                                                                                                
2:12:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA  said  he   is  cautious  about  increasing                                                               
emergency  powers  because  he  is concerned  about  abuse.    He                                                               
requested an  explanation on how  an emergency  declaration would                                                               
help the state  or political subdivision resolve the  damage of a                                                               
security breach and  how it would be different  with an emergency                                                               
declaration as opposed to how the state operates now.                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSON  replied  that  a  widespread  and  life-                                                               
threatening  example would  be  a compromise  of  the power  grid                                                               
during the  winter, given  the grid  is run  by computers.   This                                                               
example  would be  an occasion  where additional  funds and  help                                                               
from federal experts would potentially be needed for resolution.                                                                
                                                                                                                                
2:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN opened invited testimony on CSHB 3(STA).                                                                  
                                                                                                                                
2:14:44 PM                                                                                                                    
                                                                                                                                
ERIC  WYATT,  Information  Technology (IT)  Director,  Matanuska-                                                               
Susitna Borough, related that in  2018 the borough was the target                                                               
of a  cyberattack by four  different organizations rather  than a                                                               
single  attacker.   The  Federal  Bureau  of Investigation  (FBI)                                                               
analysis  found that  the attackers  were four  nation states  by                                                               
means of some of  the worst viruses.  In the  attack, one of them                                                               
got  in  and then  sold  it  to  the  other organizations.    The                                                               
borough's data  was stolen, and  its systems disrupted,  then one                                                               
of the groups  demanded ransom.  The attack brought  down all the                                                               
borough's  information   systems,  completely  cutting   off  the                                                               
borough  from all  Internet services  and  all the  data that  it                                                               
continuously used day to day to conduct borough business.                                                                       
                                                                                                                                
MR. WYATT  said the effect  on operations within the  borough was                                                               
most notably on the borough's  fire and emergency medical service                                                               
(EMS)  systems.   Also affected  were operations  and maintenance                                                               
for taking  care of roads  and solid  waste, as well  as finances                                                               
and legal    every aspect  of the borough  was taken down.   When                                                               
all that  was shut  off, all  the people  who used  the borough's                                                               
information system -  telephones, computers, and so  forth - were                                                               
dead in  the water.  The  magnitude was that everything  was shut                                                               
down for quite  some time.  The borough was  able to slowly bring                                                               
back  services, getting  back  to about  95  percent capacity  in                                                               
about 60 days.                                                                                                                  
                                                                                                                                
MR.  WYATT explained  that  to  recover at  the  time without  an                                                               
emergency  declaration, the  borough had  to bring  its emergency                                                               
funds to bear.   But what was needed most  to recover the systems                                                               
at  the time  was additional  manpower, so  the borough  used its                                                               
emergency  funds  to  hire additional  resources  to  come  help,                                                               
including  Peter   House  of  Deeptree,   Inc.     Several  other                                                               
organizations  also   volunteered  their  help,   including  Mark                                                               
Breunig,  Chief  Information   Security  Officer,  Department  of                                                               
Administration.   The borough's  needs for  recovery at  the time                                                               
were  monetary   resources  and  skilled  manpower   to  get  its                                                               
operations back online.   Mr. Wyatt stressed that  the ability to                                                               
declare a  disaster and form a  team of experts as  volunteers or                                                               
paid  manpower  to help  recover  is  absolutely critical.    The                                                               
borough used  nearly $2.5  million in  emergency funding  for its                                                               
initial recovery and then more was spent on continued recovery.                                                                 
                                                                                                                                
MR. WYATT pointed  out that the same week the  Mat-Su Borough was                                                               
hit, the City  of Valdez was hit by mostly  the same groups, same                                                               
viruses, and same tactics.  It  is heard all the time about other                                                               
states and  other cities  [being hit] and  there have  been other                                                               
attacks in the  state of Alaska as well.   So, he emphasized, the                                                               
ability to  come to the aid  of the organization and  plus-up the                                                               
manpower and  resources to recover  is absolutely vital,  and the                                                               
borough would like to participate.                                                                                              
                                                                                                                                
MR.   WYATT   further   noted   that   the   borough's   critical                                                               
infrastructure     its  electric  grid,  telecommunications,  gas                                                               
lines   all  run on these same kinds of  systems.  Therefore, the                                                               
effects  from  a cyberattack  are  greatly  damaging and  include                                                               
power and gas outages.                                                                                                          
                                                                                                                                
2:20:56 PM                                                                                                                    
                                                                                                                                
MARK BREUNIG,  Chief Information Security Officer,  Department of                                                               
Administration,  stated that  the National  Guard has  a national                                                               
mandate  for  cyber-capability  to  be  created  in  states,  but                                                               
currently, without  the language under  CSHB 3(STA), there  is no                                                               
legal  standing to  do it,  and the  state would  not be  able to                                                               
avail itself of the existing resources.                                                                                         
                                                                                                                                
2:22:30 PM                                                                                                                    
                                                                                                                                
NILS  ANDREASSEN, Executive  Director,  Alaska Municipal  League,                                                               
testified  in   support  of  CSHB   3(STA)  and   emphasized  the                                                               
importance  of  cybersecurity   to  Alaska's  local  governments,                                                               
school districts,  and state agencies.   He spoke about  risks of                                                               
destabilization   and  opined   that  "including   this  in   the                                                               
definition of state disaster" is imperative.                                                                                    
                                                                                                                                
2:23:47 PM                                                                                                                    
                                                                                                                                
PETER HOUSE, CEO,  Deeptree, Inc., said Deeptree, Inc.  is a firm                                                               
that specializes  in cybersecurity.   He mentioned  the zeitgeist                                                               
and   a  solar   wind   attack  that   resulted  in   significant                                                               
consequences for  the federal government, fortune  500 companies,                                                               
and organizations  in Alaska.   He talked  about an attack  on e-                                                               
mail   servers    that   hit   approximately    30,000   American                                                               
organizations  and   double  that   worldwide,  which   has  been                                                               
attributed largely to the Chinese.   He said there have been high                                                               
visibility  attacks showing  a higher  level of  aggression, both                                                               
from  criminal organizations  and nation  state adversaries.   He                                                               
related that in the fourth  quarter of 2020, cyber software moved                                                               
from  a soft  market  to  a hard  market,  which  mean that  "the                                                               
portfolio for  the insurance company  is under pressure,"  and it                                                               
usually results  in rate increases.   He said the  attribution by                                                               
insurance companies for  this change is that the  number of cyber                                                               
attacks  and the  total size  of  the claim  are both  increasing                                                               
substantially, with  a 20  to 40  percent rate  increase expected                                                               
across different cyber insurance carriers countrywide.                                                                          
                                                                                                                                
MR.  HOUSE stated  that in  general there  is a  higher level  of                                                               
aggression.  He gave as  an example from Yankee Buckshot wherein,                                                               
using  off-the-shelf,  publicly   downloadable  tools,  the  U.S.                                                               
Department of Defense "attacked itself"  to test its defenses and                                                               
was able  to get onto its  classified network.  He  said there is                                                               
challenge  in  working  with  these  complex  systems;  sometimes                                                               
attackers  can  "make  it  in   past  the  border"  and  "reap  a                                                               
significant amount of damage."                                                                                                  
                                                                                                                                
MR.  HOUSE addressed  Representative  Kurka's question  regarding                                                               
the benefit  of allowing a declaration  of emergency.  He  gave a                                                               
scenario wherein  assets are  required to  hold evidence  for law                                                               
enforcement or insurance.   That is data or logs  that need to be                                                               
tendered over  to the organization  from a  hard drive.   He said                                                               
those systems  cost $20,000 and higher.   If the systems  are set                                                               
aside  for  evidence  retention,  they cannot  be  used  for  the                                                               
restoration  of services  or to  clean or  sanitize the  systems.                                                               
The result is  a need for double or triple  the amount of storage                                                               
capacity to run  the organization day to day.   He explained, "By                                                               
opening up the degrees of  freedom, either through funds or other                                                               
forms of response, there's an  ability for an organization to get                                                               
back on its  feet quicker than if  they were to try to  ... use a                                                               
slow methodology  of moving a  little bit  at a time,  which then                                                               
stretches out  the rate of  recovery to  a much longer  period of                                                               
time."                                                                                                                          
                                                                                                                                
MR.  HOUSE said  Alaska is  a smaller  state, with  fewer than  a                                                               
million  people,  and  "this  type   of  line  of  work  is  very                                                               
specialized  and  difficult."    He estimated  there  are  50-100                                                               
people in  Alaska who are  qualified to do digital  forensics and                                                               
incident response, and he pointed  out that it would be difficult                                                               
for them  to respond [to  an emergency situation] because  "a lot                                                               
of  them  will be  fighting  their  own  fires."   Therefore,  he                                                               
emphasized that the ability to  pull in contractors and resources                                                               
from Outside is  essential.  He said he believes  the language of                                                               
CSHB 3(STA)  would open up  that degree of freedom,  "in addition                                                               
to what  Mr. Breunig indicated."   He  noted that when  he worked                                                               
with Mr.  Breunig and Mr. Wyatt  on the incident with  the Mat-Su                                                               
Borough,  the expansion  of capability  from the  emergency funds                                                               
had a  positive impact;  there was  a wave  of momentum  that was                                                               
beneficial.                                                                                                                     
                                                                                                                                
2:29:45 PM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN,  in response  to Chair  Claman's request  that he                                                               
address  Representative   Drummond's  question   about  political                                                               
subdivisions,  offered the  definition of  political subdivision,                                                               
which appears under AS 26.23.900(7), as follows:                                                                                
                                                                                                                                
          (7) "political subdivision" means                                                                                     
          (A) a municipality;                                                                                                   
          (B) an unincorporated village; or                                                                                     
          (C) another unit of local government;                                                                                 
                                                                                                                                
MR.  ANDREASSEN  said  it  is the  understanding  of  the  Alaska                                                               
Municipal  League that  school districts  would be  covered under                                                               
political subdivision  of the  state.   He said  school districts                                                               
are  either   a  subdivision  of   a  municipality  or   are  the                                                               
responsibility  of   the  Department   of  Education   and  Early                                                               
Development.   He offered his  understanding that  the University                                                               
of Alaska is considered a  political subdivision, "but separately                                                               
under state law."                                                                                                               
                                                                                                                                
2:31:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND referenced  definitions  found under  AS                                                               
39.90.140, [which states that "public  body" includes "an officer                                                               
or  agency  of"  the  federal government,  state,  and  political                                                               
subdivision  - subparagraphs  (A), (B),  and (C),  respectively],                                                               
and   she  read   that  which   is   included  under   "political                                                               
subdivision",   in   paragraph   (4),  subparagraph   (C),   sub-                                                               
subparagraphs (i), (ii), and (iii), which read:                                                                                 
                                                                                                                                
          (i) a municipality;                                                                                                   
          (ii) a school district; and                                                                                           
          (iii) a regional educational attendance area;                                                                         
                                                                                                                                
REPRESENTATIVE DRUMMOND  noted that the University  of Alaska and                                                               
the Alaska  Railroad are not  included under  [subparagraph (C)].                                                               
[They are  listed subsequently in  subparagraphs (D) and  (E), of                                                               
paragraph (4), regarding "public body".]                                                                                        
                                                                                                                                
2:33:12 PM                                                                                                                    
                                                                                                                                
MR. BREUNIG, in  response to the same question, said  it is not a                                                               
topic he can address.                                                                                                           
                                                                                                                                
2:33:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE   noted  that   during  a   recent  Finance                                                               
subcommittee  meeting,  Mr. Breunig  had  spoken  about a  recent                                                               
cyberattack  and  mentioned  a  type of  incident  command  being                                                               
established  under the  Department  of  Administration for  quick                                                               
response.   She referenced  language in CSHB  3(STA), on  page 2,                                                               
[on   lines  5   and   6],  regarding   "consultation  with   the                                                               
commissioner of public  safety or a designee  of the commissioner                                                               
of public  safety", and she  asked whether that wording  fits the                                                               
organized  structure  Mr.  Breunig  is  establishing  within  the                                                               
Department  of Administration  regarding cybersecurity  and meets                                                               
the requires of statute.                                                                                                        
                                                                                                                                
2:34:46 PM                                                                                                                    
                                                                                                                                
MR.  BREUNIG  responded  that the  "incident  command  structure"                                                               
(ICS)  put out  through the  Federal Emergency  Management Agency                                                               
(FEMA),  is  part  of  an  emergency  management  program  and  a                                                               
standard framework that  all federal agencies use.   The language                                                               
in the bill would not change  that, he indicated.  In response to                                                               
a request  from Representative  Vance, he  spoke about  work with                                                               
the Department  of Military &  Veterans' Affairs on  an [incident                                                               
response] structure,  which currently is not  capable of handling                                                               
a large-scale incident.                                                                                                         
                                                                                                                                
REPRESENTATIVE VANCE said  CSHB 3(STA) speaks to  this issue, and                                                               
she encouraged efforts to speed up response to an incident.                                                                     
                                                                                                                                
2:38:36 PM                                                                                                                    
                                                                                                                                
MR.  BREUNIG recalled  he had  been  talking about  a solar  wind                                                               
incident during the Finance subcommittee  testimony and how speed                                                               
is of the  essence when responding.  He said  it took departments                                                               
24 hours to report back  whether they had vulnerable software, at                                                               
which point security  was able to "lock that  down" and determine                                                               
there had  been no  compromise.  However,  he emphasized  that in                                                               
cyber terms,  "24 hours is  an eternity."   He posited  that CSHB
3(STA)  is critical,  because  it would  bring  the right  people                                                               
together to build the "speed to response."                                                                                      
                                                                                                                                
2:39:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA   asked  for  a  definition   of  "imminent                                                               
cybersecurity  attack"  and  whether  there exists  a  metric  of                                                               
probably of attack.                                                                                                             
                                                                                                                                
2:40:54 PM                                                                                                                    
                                                                                                                                
MR. BREUNIG  replied that  when there  is imminent  threat, there                                                               
would be  an alert from the  federal Cybersecurity Infrastructure                                                               
Security Agency (CISA) regarding a  known attack.  State security                                                               
would watch out  for it.  That  in itself is not  a disaster, but                                                               
if the  threat "got  in" and  caused damage, then  it would  be a                                                               
disaster.   Regarding Microsoft, he  said security knew  early on                                                               
that  it was  coming and  was "able  to take  practice steps"  to                                                               
mitigate the risk,  which he said is another  example of imminent                                                               
threat.   In  response to  a follow-up  question, he  mentioned a                                                               
"denial  of  service" attack  in  which  someone floods  a  state                                                               
network  segment  with  malicious   traffic  "in  an  attempt  to                                                               
overwhelm it and take it down."                                                                                                 
                                                                                                                                
2:42:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  said it  sounds like  cybersecurity attacks                                                               
are  happening all  the time  in  various degrees.   He  directed                                                               
attention to  language in Section  1 of  CSHB 3(STA), on  page 1,                                                               
line  4, which  gives  a definition  of  disaster, including  its                                                               
causes.  He  offered his understanding that  "we're talking about                                                               
widespread  damage of  property,"  not just  "one department  had                                                               
some computers fried."                                                                                                          
                                                                                                                                
2:44:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON   offered  her  understanding   that  the                                                               
concern is that there could  be ongoing declarations of disaster.                                                               
She deferred to her staff to address the topic further.                                                                         
                                                                                                                                
2:45:23 PM                                                                                                                    
                                                                                                                                
MR.  CORDERO-GIORGANA proffered  that "imminent"  is a  matter of                                                               
timing and "widespread"  is a matter of geography  and whether an                                                               
issue can be  contained.  When talking about  a fire, earthquake,                                                               
or  flood, the  consideration is  "the amount  of resources  that                                                               
would  need to  be used  to be  able to  achieve the  containment                                                               
goal."    He said  DMVA  will  create  emergency plans  for  each                                                               
category listed  in the Act  and make recommendations as  to what                                                               
would be considered widespread and imminent.                                                                                    
                                                                                                                                
2:47:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA indicated that  the language in the proposed                                                               
legislation  should be  added, but  observed that  "a lot  of the                                                               
context  in  which   we're  talking  about  this"   is  found  in                                                               
subparagraph  (D), [on  page 2],  regarding  "enemy or  terrorist                                                               
attack  or  a credible  threat  of  imminent enemy  or  terrorist                                                               
attack in  or against the  state".  He offered  his understanding                                                               
that there  had been  a legal  opinion as  to "why  this wouldn't                                                               
apply under  (D)."   He remarked that  "all these  examples we're                                                               
talking about ... seem to be foreign actors."                                                                                   
                                                                                                                                
2:48:40 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, in response to  Representative Johnson, offered his                                                               
interpretation  that  Representative  Kurka was  reflecting  that                                                               
subparagraph  (D) doesn't  seem to  be cybersecurity-related  and                                                               
perhaps  wanted to  know how  the two  issues are  addressed when                                                               
determining whether an emergency has occurred.                                                                                  
                                                                                                                                
2:49:21 PM                                                                                                                    
                                                                                                                                
MR.  CORDERO-GIORGANA,  at  the  request  of  the  bill  sponsor,                                                               
addressed the question.   He said the separation was  done at the                                                               
recommendation of the bill drafter  in Legislative Legal Services                                                               
to avoid confusion.                                                                                                             
                                                                                                                                
2:49:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE   pointed  out  that  CSHB   3(STA)  speaks                                                               
specifically  to disaster;  "emergency"  is not  addressed.   She                                                               
gave an example  of a disaster being the  landslide that recently                                                               
occurred in  Haines, Alaska.   She said  the governor  declared a                                                               
disaster  in  the  Haines  area,  but  it  was  not  a  statewide                                                               
emergency.                                                                                                                      
                                                                                                                                
2:50:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    EASTMAN   asked    for   the    definition   of                                                               
cybersecurity.                                                                                                                  
                                                                                                                                
2:51:20 PM                                                                                                                    
                                                                                                                                
MR.  CORDERO-GIORGANA  said he  did  not  have a  definition  and                                                               
deferred to Mr. Breunig.                                                                                                        
                                                                                                                                
CHAIR  CLAMAN noted  that  it is  common for  courts  to use  the                                                               
dictionary  for  commonly  used  terms if  those  terms  are  not                                                               
defined in statute.                                                                                                             
                                                                                                                                
2:52:08 PM                                                                                                                    
                                                                                                                                
MR.  BREUNIG defined  cybersecurity  as "any  protection used  to                                                               
prevent cyber-attacks."                                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN  said he is familiar  with definition, and                                                               
it makes sense to him.  He continued:                                                                                           
                                                                                                                                
     But in  this case  we're talking about  a cybersecurity                                                                    
     attack,  and  so  if  we're   using  tools  to  prevent                                                                    
     attacks, but  then we're ...  adding the  word "attack"                                                                    
     on them, I'm  a little confused as  what that [emphasis                                                                    
     on "that"] means.                                                                                                          
                                                                                                                                
MR. BREUNIG  responded he thinks the  intent is that it  would be                                                               
an attack against [Alaska's] cybersecurity  - against the systems                                                               
and tools that the state has to protect itself.                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN asked for  confirmation that what is being                                                               
discussed is an  attack where "someone's trying  to overcome some                                                               
type  of  security"  as  opposed   to  "a  run-of-the-mill  fiber                                                               
attack."                                                                                                                        
                                                                                                                                
MR. BREUNIG answered, "Yes, I would agree."                                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN  noted   that  the  previously  discussed                                                               
subparagraph  (D), which  addresses  enemy  or terrorist  attack,                                                               
points to  a definition of  "attack" existing in  [AS 26.20.200],                                                               
and since  that definition does  not fit what is  being discussed                                                               
in the  cyber realm, he  suggested a definition may  be necessary                                                               
in subparagraph (F).                                                                                                            
                                                                                                                                
MR. BREUNIG said  he concurs with the bill sponsor  and her staff                                                               
that the intent is to clarify.   In subparagraph (D), "enemy" and                                                               
"terrorist  attack"  traditionally   relate  to  military-related                                                               
attacks,  not  cyber-attacks,  which are  specifically  addressed                                                               
under  subparagraph (F),  which  allows  the emergency  operation                                                               
center  to bring  resources  to bear  in  regard to  cyberattacks                                                               
rather  than other  "traditional forms  of disaster  or emergency                                                               
attack that are already identified."                                                                                            
                                                                                                                                
REPRESENTATIVE  CLAMAN noted  that subparagraph  (F) is  proposed                                                               
new  language.   He said  a  cyberattack would  be, for  example,                                                               
somebody getting  into his home computer;  a cybersecurity attack                                                               
would be on a larger scale.                                                                                                     
                                                                                                                                
MR. BREUNIG concurred.                                                                                                          
                                                                                                                                
2:56:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  referenced  a memorandum  ("memo")  from                                                               
[Megan  Wallace  of]  Legislative  Legal Services  [to  the  bill                                                               
sponsor and  staff, dated 2/10/20  and included in  the committee                                                               
packet], to  [subparagraph (C), which lists  equipment failure as                                                               
one of the causes of a "disaster" and read as follows]:                                                                         
                                                                                                                                
               (C) equipment failure, if  the failure is not                                                                    
     a   predictably   frequent   or  recurring   event   or                                                                    
     preventable  by   adequate  equipment   maintenance  or                                                                    
     operation;                                                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN  offered his  understanding that  the memo                                                               
talks about  "why ... [subparagraph] (C),  equipment failure, ...                                                               
may not be  adequate, and why this bill might  be needed for that                                                               
reason."  He asked to what  extent it is the sponsor's intent "to                                                               
predicate  the  cybersecurity  attacks  we're  talking  about  on                                                               
intentionality."  He continued:                                                                                                 
                                                                                                                                
     Because   certainly,   ...   if   we're   focusing   on                                                                    
     intentionality, then  an IT tech who  spills coffee and                                                                    
     destroys a server probably wouldn't  be captured in the                                                                    
     intent that we're talking about here.                                                                                      
                                                                                                                                
2:57:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON explained  that intentionality  must have                                                               
credible   background.     If  [the   attack]  is   imminent  and                                                               
widespread, as  determined by the commissioner  or commissioner's                                                               
designee, he/she would  determine that it was  a credible threat.                                                               
She added,  "The intentionality  of maybe mindreading  some would                                                               
not fall into that category."                                                                                                   
                                                                                                                                
2:58:13 PM                                                                                                                    
                                                                                                                                
MR.  CORDERO-GIORGANA   said  he  was  not   sure  he  understood                                                               
Representative Eastman's question.                                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN  indicated that [subparagraphs]  (A), (B),                                                               
(C),  and  (E)  address  disasters  that  are  not  man-made  and                                                               
intentional.   He questioned whether  it is important to  "tie it                                                               
to that intentionality,"  as is being done  in [subparagraph] (F)                                                               
or to  be more  focused on  the impact.   He  asked, "Is  there a                                                               
reason  that we're  making it  narrower  than ...  just a  larger                                                               
impact type of definition?"                                                                                                     
                                                                                                                                
2:59:52 PM                                                                                                                    
                                                                                                                                
MR.   CORDERO-GIORGANA  noted   that   the  legislature   removed                                                               
"manmade" from  the disaster  Act, which  caused ambiguity  as to                                                               
whether cybersecurity qualified under the Act.  He continued:                                                                   
                                                                                                                                
     If  a  widespread  system  failure  is  the  result  of                                                                    
     another cause that  is not manmade, or in  this case an                                                                    
     attack  or a  threat, it  actually would  probably fall                                                                    
     into one  of the  other categories.   So, in  the case,                                                                    
     for example,  of an  earthquake:   a system  goes down,                                                                    
     but  it's  really  the result  of  an  earthquake,  not                                                                    
     necessarily  a cybersecurity  attack.   And so,  if I'm                                                                    
     understanding  correctly,  this  would  actually  clear                                                                    
     authority specifically to those type of items."                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether it  is important to  make a                                                               
distinction between "those manmade  actions which are intentional                                                               
and which are accidental."   For example, he said an installation                                                               
of  "a  security  patch"  that cause  a  major  outage  "wouldn't                                                               
qualify  here" because  it is  not a  cybersecurity attack,  even                                                               
though  it may  have  the  same result  if  someone  had done  it                                                               
intentionally.                                                                                                                  
                                                                                                                                
MR. CORDERO responded  that that would be  a cyber vulnerability,                                                               
and  he  indicated   that  was  addressed  in   another  part  of                                                               
[subparagraph] (F).   He said there are so  many definitions that                                                               
could be  included in the  bill that  would make it  lengthy, for                                                               
example,   for  the   following  terms:     cyberattacks,   cyber                                                               
incidents,  cyberthreats,  major   threats,  minor  threats,  and                                                               
primary targets.  He stated, "We're  just trying to make it clear                                                               
that cybersecurity counts; give it an overview, and then it's up                                                                
to the Department of Military & Veterans' Affairs to come up                                                                    
with ... plans."                                                                                                                
                                                                                                                                
3:02:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN remarked that a lot of this comes back to the size                                                                 
and cost of what has happened.                                                                                                  
                                                                                                                                
CHAIR CLAMAN announced that CSHB 3(STA) was held over.                                                                          
                                                                                                                                
3:04:13 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:04 p.m.                                                                 

Document Name Date/Time Subjects
HB 105 v. A 2.19.2021.PDF HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Transmittal Letter 2.18.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Sectional Analysis v. A 2.23.2021.pdf HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Supporting Document - ABADA & AMHB Letter 3.5.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Testimony - Received as of 3.8.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Additional Document - Memo from DJJ to HJUD 3.9.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 v. A Amendments #1-2 HJUD 3.10.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 v. A Amendments #1-2 HJUD Final Votes 3.10.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DOC-IDO 2.8.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DHSS-PS 2.10.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DPS-AST 2.12.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note JUD-ACS 3.4.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 3 v. G 3.8.2021.PDF HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HB 3
HB 3 Sponsor Statement 2.18.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Legal Memo 2.10.2020.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - Alaska Health Department Reports Data Breach The Seattle Times 6.28.2018.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - DHSS Cyber Attack Impacts More Than 100,000 Alaska Households 1.23.2019.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - How One Alaskan Borough Survived A Cyber Attack CitiesSpeak 10.1.2019.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - MSBD Press Release Mat-Su Declares Disaster for Cyber Attack 7.31.2018.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - Pipeline Article Alaska Public Media 3.14.2018.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Supporting Document - CISA Critical Infrastructure 2.23.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Testimony - Received as of 2.22.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HSTA 2/23/2021 3:00:00 PM
HB 3
HB 3 Fiscal Note DOA-OIT 2.21.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/15/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HB 3
HB 57 v. B 2.18.2021.PDF HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Sponsor Statement 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Sectional Analysis v. B 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - OMB Letter 7.12.2019.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - CBR Sweep Breakdown by Fund - LFD March 2020 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - AEA Memo on PCE Sweep 8.24.2019.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - Hickel v. Cowper May 27, 1994 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - Legislative Finance Outline of AS 37.10.420 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - Legislative Research Memo GF Definitions 9.1.2020.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - FY19 Single Audit - Finding No. 2019-089 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Additional Document - FY20 CAFR General Fund Accounts 3.8.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 PowerPoint Presentation 3.10.2021.pdf HJUD 3/10/2021 1:30:00 PM
HJUD 3/17/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
HJUD 3/24/2021 1:30:00 PM
HJUD 3/29/2021 1:00:00 PM
HJUD 4/5/2021 1:00:00 PM
HB 57
HB 57 Fiscal Note GOV-OMB 3.6.2021.pdf HJUD 3/10/2021 1:30:00 PM