Legislature(2021 - 2022)GRUENBERG 120

03/15/2021 01:30 PM JUDICIARY

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Audio Topic
01:47:18 PM Start
01:47:52 PM Attorney General - Department of Law
02:47:33 PM HB3
02:58:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:45 pm --
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
Attorney General, Dept. of Law, Treg Taylor
-- Public Testimony --
+= HB 3 DEFINITION OF "DISASTER": CYBERSECURITY TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 15, 2021                                                                                         
                           1:47 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Liz Snyder, Vice Chair                                                                                           
Representative Harriet Drummond                                                                                                 
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative David Eastman                                                                                                    
Representative Christopher Kurka                                                                                                
Representative Sarah Vance                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Attorney General - Department of Law                                                                                          
                                                                                                                                
     Tregg Taylor - Anchorage                                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An Act relating to the definition of 'disaster.'"                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 3                                                                                                                    
SHORT TITLE: DEFINITION OF "DISASTER": CYBERSECURITY                                                                            
SPONSOR(s): REPRESENTATIVE(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                                                                           
03/10/21       (H)       Heard & Held                                                                                           
03/10/21       (H)       MINUTE(JUD)                                                                                            
03/15/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TREGG TAYLOR, Appointee                                                                                                         
Attorney General                                                                                                                
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified  as  appointee   for  attorney                                                             
general, Department of Law.                                                                                                     
                                                                                                                                
ERICK CODERO-GIORGANA, Staff                                                                                                    
Representative Mike Prax                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  during the  hearing on                                                             
CSHB 3(STA).                                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:47:18 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to   order  at  1:47  p.m.     Representatives  Eastman,                                                               
Drummond, Kreiss-Tomkins, Snyder, and  Claman were present at the                                                               
call to  order.  Representatives  Vance and Kurka arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
^Attorney General - Department of Law                                                                                           
              Attorney General - Department of Law                                                                          
                                                                                                                                
1:47:52 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
the  confirmation   hearing  for  the  governor's   appointee  to                                                               
attorney general, Department of Law.                                                                                            
                                                                                                                                
1:48:09 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN open public testimony on the confirmation hearing.                                                                 
                                                                                                                                
1:48:24 PM                                                                                                                    
                                                                                                                                
TREGG  TAYLOR, Appointee,  Attorney General,  Department of  Law,                                                               
gave  his biographical,  educational,  and employment  background                                                               
[resume  included in  the committee  packet]  and emphasized  his                                                               
attraction  to public  service.   He said  he has  worked in  the                                                               
attorney  general's office  for  over  two years  now.   He  gave                                                               
examples of  his involvement  in support  of minority  groups and                                                               
bringing together  groups with varied beliefs  to communicate and                                                               
listen.                                                                                                                         
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
MR.  TAYLOR  said  at  the  end of  January  2021  Governor  Mike                                                               
Dunleavy asked him to serve as  attorney general, and he said his                                                               
first thought  was of Alaska  being the highest ranking  state in                                                               
occurrence  of  sex  crimes.    He showed  a  related  slide  and                                                               
expressed  his  determination  and  commitment  to  address  this                                                               
difficult issue.   He  vowed to  make Alaska  a better  place for                                                               
every Alaskan.                                                                                                                  
                                                                                                                                
2:00:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  mentioned  Ed Sniffen's  resignation  and                                                               
asked Mr. Taylor if he  remembered a previous conversation during                                                               
which he  had expressed disappointment  that "there were  so many                                                               
opportunities for adults who knew  better that could stop it, but                                                               
they didn't."                                                                                                                   
                                                                                                                                
MR.   TAYLOR   confirmed  he   remembered   that   part  of   the                                                               
conversation.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SNYDER then  noted that  former attorney  general                                                               
Kevin Clarkson's  misconduct had  occurred "months before  it was                                                               
brought to  the public."   She clarified  she was referring  to a                                                               
series of inappropriate text messages,  and she asked Mr. Taylor,                                                               
"Were you aware of his behavior?"                                                                                               
                                                                                                                                
MR. TAYLOR answered no.  In  response to a follow-up question, he                                                               
said he became  aware after Mr. Clarkson had  already been placed                                                               
on administrative leave.                                                                                                        
                                                                                                                                
2:02:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  Mr. Taylor  what he  had learned  in                                                               
regard  to "the  accusations  that have  come  from the  previous                                                               
attorney general" and how he would "change that for the future."                                                                
                                                                                                                                
MR. TAYLOR, regarding sexual assault  and domestic violence, said                                                               
he has "three  close family members that  have experienced that."                                                               
The common thread is that  the perpetrators have not been brought                                                               
to justice.   He  said this  is a multi-faceted  issue.   He said                                                               
within  the Department  of Law  training  is being  given in  sex                                                               
assault prosecution,  and he said  he hopes that training  can be                                                               
extended to  law enforcement.   He said two  prosecutors provided                                                               
by the federal government are being  utilized in rural areas.  He                                                               
spoke  about  traumatic experiences  of  Alaska  Natives, and  he                                                               
expressed hope that  in reaching out, the Department  of Law will                                                               
have a better idea of what it can  do.  In response to a question                                                               
about transparency, he  said he strives to follow  his values but                                                               
sometimes falls short,  so he said he promises  to keep learning.                                                               
Further,  he  promised  to  hold   employees  of  the  department                                                               
responsible  "for any  of  the  actions that  they  take that  is                                                               
contrary to  that."  He  said it is  not always possible  to open                                                               
personnel files  to the  public, but he  promised to  "take those                                                               
issues  very   seriously,"  mentioning  investigations   and  the                                                               
outcomes of them.                                                                                                               
                                                                                                                                
2:07:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said he  has been troubled with how                                                               
the  Office of  the Governor  failed  to handle  the issues  with                                                               
attorney  general Clarkson.   He  inquired  whether Mr.  Taylor's                                                               
assessment of  response to attorney  general Clarkson,  which was                                                               
known internally,  is consistent  with the zero  tolerance policy                                                               
Mr. Taylor outlined in his opening statement.                                                                                   
                                                                                                                                
MR. TAYLOR replied  the little he knows of the  situation is that                                                               
Human Resources  looked at the  evidence and decided "to  put him                                                               
on unpaid administrative  leave until they figured  out what else                                                               
to do."  He continued:                                                                                                          
                                                                                                                                
     And so,  ultimately, I think  the right  thing happened                                                                    
     there,  and I  know Kevin  very well,  and he's  a good                                                                    
     friend of mine, and I know  him to be an honorable man,                                                                    
     and he himself  would be the first to tell  you that he                                                                    
     is extremely embarrassed by what  had occurred and what                                                                    
     happened,  and that  it was  inappropriate in  the work                                                                    
     place.                                                                                                                     
                                                                                                                                
2:09:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  said  he would  not  characterize                                                               
attorney general  Clarkson's behavior as honorable  or respectful                                                               
to his subordinate, nor would it  seem the response by the Office                                                               
of the  Governor to complaints  presented was decisive.   He said                                                               
he is looking for an evaluation  from Mr. Taylor as to whether he                                                               
thinks how  that all  unfolded was appropriate  or there  is room                                                               
for improvement.                                                                                                                
                                                                                                                                
MR. TAYLOR  responded that he  a firm believer in  holding people                                                               
accountable.   He added that  he also believes that  "good people                                                               
do bad things."   He said that  does not mean they  should not be                                                               
held accountable, and "as a society we need to do that."                                                                        
                                                                                                                                
MR. TAYLOR,  in response  to a  new question  from Representative                                                               
Kreiss-Tomkins about how he plans  to address sex crimes compared                                                               
to  how  his  predecessors  may  have  done,  said  he  has  been                                                               
researching  means  by which  to  support  victims and  families,                                                               
whether  through   state  or   local  governments   or  nonprofit                                                               
entities.   He amended his  use of  the word "victim"  to reflect                                                               
that those he  knows who have suffered [sexual  abuse or domestic                                                               
violence] prefer to  be known as survivors.  He  posited that one                                                               
of  the problems  is that  survivors do  not feel  they can  come                                                               
forward, or  they worry they will  be mocked or disbelieved.   He                                                               
stated  that  he  wants  to  assuage  those  worries  and  assure                                                               
survivors that they will be heard  and supported.  In response to                                                               
a follow-up  question, he  said he does  not have  concrete plans                                                               
yet, since he is still in  the phase of gathering information and                                                               
talking with survivors.   He said he would like  to hold a summit                                                               
where this issue can be discussed.   He said he would welcome any                                                               
suggestions from the committee.                                                                                                 
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that the  most recent statistics  provided by                                                               
Mr. Skidmore  show that  approximately 50  percent of  sex crimes                                                               
are being declined for prosecution; that  is about half of 620 in                                                               
a year that were studied.   In terms of survivors being unwilling                                                               
to come forward, he expressed  his understanding that it is worse                                                               
in rural  villages.  He advised  that the unlikeliness of  a case                                                               
being prosecuted "builds the culture  of not coming forward."  He                                                               
asked Mr.  Taylor if  he has  any suggestions  on how  to improve                                                               
that statistic.                                                                                                                 
                                                                                                                                
MR. TAYLOR responded  those are sobering statistics.   Further he                                                               
stated that  only 70 percent of  the cases that are  tried result                                                               
in  convictions.     He  restated  the   importance  of  training                                                               
prosecutors and  law enforcement.   He  said these  are difficult                                                               
cases to  prosecute because [sex]  acts typically  are consensual                                                               
and occur in  private.  He mentioned rape  kits left unprocessed.                                                               
He said  that the  "nuance between  what's consensual  and what's                                                               
not consensual"  is what makes the  cases hard to prosecute.   In                                                               
addition to training,  he said the department is  making "a large                                                               
step" in  requesting 10 additional  prosecutors and  9 additional                                                               
sport  staff, which  he said  he thinks  "will go  a long  way in                                                               
reducing the  caseload of those primarily  engaged in prosecution                                                               
of sex  crimes."  He  said currently there  are 67 cases;  a more                                                               
normal caseload would be about 40.   He said moving cases forward                                                               
faster would benefit the [survivors], as well.                                                                                  
                                                                                                                                
2:18:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN recalled hearing  from the department that                                                               
the  conviction  rate is  70-80  percent.    He then  recalled  a                                                               
conversation with a former  Municipality of Anchorage prosecutor.                                                               
He offered his understanding that  the prosecutor had said that a                                                               
prosecutor with a  conviction rate higher than 70  percent is not                                                               
doing  his/her job,  because  that means  the  prosecutor is  not                                                               
taking the  hard cases he/she needs  to be taking.   He asked for                                                               
Mr. Taylor's opinion.                                                                                                           
                                                                                                                                
2:18:43 PM                                                                                                                    
                                                                                                                                
MR. TAYLOR  replied that  that is  an interesting  perspective he                                                               
had not  heard.  He said  it is possible that  when gathering the                                                               
information regarding  rates of  prosecution, the  department may                                                               
lower  the  threshold  for  which   it  is  willing  to  start  a                                                               
prosecution.  He  added that he is not certain  that would be the                                                               
outcome,  but said  that  is  certainly an  issue  that would  be                                                               
considered.                                                                                                                     
                                                                                                                                
2:19:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS asked for  Mr. Taylor's thoughts on                                                               
how to reduce recidivism.                                                                                                       
                                                                                                                                
2:19:47 PM                                                                                                                    
                                                                                                                                
MR. TAYLOR  responded that he  does not  know the answer  at this                                                               
time.                                                                                                                           
                                                                                                                                
2:20:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  brought  up  the topic  of  Ben  Stevens,                                                               
Governor Dunleavy's former chief of  staff, who has been hired at                                                               
ConocoPhillips  Alaska,  Inc.  as   vice  president  of  external                                                               
affairs  and  transportation.   She  cited  AS  39.52.180,  which                                                               
spells  out  restrictions  on   employment  after  leaving  state                                                               
service.  She specified [subsection] (c), which read:                                                                           
                                                                                                                                
          (c) The  head of  an agency may  waive application                                                                    
     of  (a)   of  this   section  after   determining  that                                                                    
     representation  by  a  former  public  officer  is  not                                                                    
     adverse to the public interest.   The waiver must be in                                                                    
     writing and  a copy of  the waiver must be  provided to                                                                    
     the attorney general for approval or disapproval.                                                                          
                                                                                                                                
REPRESENTATIVE   SNYDER,  regarding   the  waiver,   offered  her                                                               
understanding that "that's  not happened or been  signed off on."                                                               
She asked Mr. Taylor to speak to the issue.                                                                                     
                                                                                                                                
2:21:19 PM                                                                                                                    
                                                                                                                                
MR.  TAYLOR answered  that the  department determined  that there                                                               
was  no  need  for  a  conflict  waiver,  because  there  was  no                                                               
conflict.   He indicated that  the department's statement  on the                                                               
issue  ended by  outlining that  in the  event that  [a conflict]                                                               
does arise, it would be addressed at that time.  He continued:                                                                  
                                                                                                                                
     Over the  course of  the next  couple years  ... you'll                                                                    
     probably see a series  of these conflict waivers either                                                                    
     being addressed  ... or  put into  effect to  allow Ben                                                                    
     Stevens to  work in his job  duties if it is  a benefit                                                                    
     to the state.  ... My  guess is we're going to see some                                                                    
     in the near future.                                                                                                        
                                                                                                                                
MR. TAYLOR  responded to follow-up questions  from Representative                                                               
Snyder.   He  said he  could not  address the  waivers for  Bruce                                                               
Tangeman,  Ed  Fogle,   or  Daniel  Smith  because   he  had  not                                                               
participated in them.  Notwithstanding  that, he said any time an                                                               
individual  works  substantially  on  any given  issue  while  in                                                               
service to the  state and then "does that in  the private sector"                                                               
within  a  two-year  period  of   leaving  the  state  job,  that                                                               
individual will  need a waiver.   He added,  "If there is  even a                                                               
question  on  whether  a  waiver  is needed,  my  advice  to  the                                                               
governor will  be ... to  ... [issue] the  waiver."  He  said the                                                               
duty lies  with the individual who  leaves state work to  take on                                                               
that work  within the  private sector  to notify  the department.                                                               
Failing to  do so, the  individual is  subject to the  Ethics Act                                                               
and is liable for his/her actions.                                                                                              
                                                                                                                                
2:26:18 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN commented that presumably  Mr. Stevens is working in                                                               
his office with ConocoPhillips Alaska,  Inc.  He asked whether it                                                               
is Mr.  Taylor's perspective  that if Mr.  Stevens were  to lobby                                                               
legislators  on  behalf  of  the  perspective  of  ConocoPhillips                                                               
Alaska, Inc. on  legislation related to oil taxes,  then he would                                                               
need to acquire a waiver before doing so.                                                                                       
                                                                                                                                
MR. TAYLOR emphasized that it  would depend on the materiality of                                                               
Mr.  Stevens' involvement  when he  worked in  the Office  of the                                                               
Governor.                                                                                                                       
                                                                                                                                
2:27:49 PM                                                                                                                    
                                                                                                                                
MR. TAYLOR, in response to  Representative Snyder, said the state                                                               
wants to  attract the best people,  and that is possible  only if                                                               
those people "have  the ability to work" [in  the private sector]                                                               
afterwards.   He said the [Ethics]  Act is clear that  only under                                                               
certain  circumstances  would  the  need  arise  for  a  conflict                                                               
waiver, and  it is  the discretion of  the governor  and attorney                                                               
general whether  to grant the waiver.   He opined that  issuing a                                                               
broad waiver does not protect  the state "in certain aspects that                                                               
might be confidential."                                                                                                         
                                                                                                                                
2:29:56 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  questioned the  onus of asking  for a  waiver being                                                               
placed  with the  former  state employees  rather  than with  the                                                               
state, which  he suggested should  decide whether the  person was                                                               
involved in discussions that  should preclude his/her involvement                                                               
in a matter.                                                                                                                    
                                                                                                                                
MR. TAYLOR confirmed there are  certain circumstances wherein the                                                               
state has knowledge of a  person's material involvement and would                                                               
step  in with  a letter  to cease  and desist  until obtaining  a                                                               
conflict waiver.   He clarified that the Ethics Act  does not put                                                               
the liability  on the state;  it puts it  on the individual.   In                                                               
response to follow-up questions,  he confirmed his perspective is                                                               
to take these things on  a case-by-case basis rather than issuing                                                               
a  blanket waiver,  and  he reiterated  his  statement about  the                                                               
former state  employee determining the  need to request  a waiver                                                               
based  on the  extent of  material involvement  in an  issue that                                                               
would require one.                                                                                                              
                                                                                                                                
CHAIR CLAMAN  offered his perspective  that in the  last two-plus                                                               
years  Governor  Dunleavy  had   opposed  all  proposed  oil  tax                                                               
legislation;  therefore,   there  may   have  been   no  analysis                                                               
whatsoever that Mr.  Stevens had had knowledge of  that topic and                                                               
nothing  problematic   "depending  on   what  or  what   was  not                                                               
discussed."                                                                                                                     
                                                                                                                                
2:33:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  for an  example of  when a  waiver                                                               
might be denied.                                                                                                                
                                                                                                                                
MR.  TAYLOR answered  that the  individual  may be  privy to  the                                                               
viability of a state project and  the money spent by the state to                                                               
determine that viability.                                                                                                       
                                                                                                                                
2:34:48 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN brought  up the  topic of  power cost  equalization                                                               
(PCE)  and whether  PCE funds  are "sweepable"  into the  general                                                               
fund (GF).   He stated  his understanding that a  former attorney                                                               
general, Craig  Richards, had taken  the position that  PCE funds                                                               
were not subject to sweep.  He asked Mr. Taylor for his opinion.                                                                
                                                                                                                                
MR. TAYLOR  responded that he had  not studied the issue  to form                                                               
an  opinion but  knew  enough  about it  to  say  there are  good                                                               
arguments  on  both  sides.     He  said  the  subject  would  be                                                               
considered  by  the  department.   In  response  to  a  follow-up                                                               
question, he  said he  is not  sure the  court has  addressed the                                                               
issue directly,  although the court has  made decisions regarding                                                               
the Alaska permanent fund and  earnings reserve fund, which could                                                               
give some  indication as  to how the  court might  rule regarding                                                               
the  PCE.   In  further response,  he allowed  it  is a  distinct                                                               
possibility that under  his leadership the department  may take a                                                               
different position on "sweepability"  than past attorneys general                                                               
have  taken.   There  may be  recent court  action  made that  is                                                               
different from past court action.                                                                                               
                                                                                                                                
2:36:52 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN listed  examples of  "a long  series of  cases" the                                                               
department has lost,  which he advised means  either the governor                                                               
is getting  bad advice or  is getting  advice that the  cases are                                                               
unlikely to  succeed and  going forward with  them anyway.   Both                                                               
scenarios he characterized  as poor decisions on the  part of the                                                               
governor.  Chair Claman said this  troubles him, and he asked Mr.                                                               
Taylor how he expects to change  that, since he opined the single                                                               
most important job  of the attorney general is  "to convince this                                                               
governor to stop taking poor cases."                                                                                            
                                                                                                                                
MR.  TAYLOR responded  that  he would  look  closely at  probable                                                               
outcomes.  That said, he  expressed his disagreement with some of                                                               
Chair Claman's  words.  He  said the  governor does not  make the                                                               
decision; the  attorney general has  the discretion  to determine                                                               
what is  in the public's  best interest.   He said he  takes that                                                               
responsibility  seriously   and  will   "be  hands-on   on  those                                                               
decisions."  He spoke of  the department's many clients, the law,                                                               
and probable outcomes as considerations.   He expressed hope that                                                               
under his leadership there will not be a string of losing cases.                                                                
                                                                                                                                
2:40:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS remarked  that it's a mind-boggling                                                               
list of  lawsuits.   He said he  thinks the  interbranch conflict                                                               
over the last  few years is unprecedented, and he  said he thinks                                                               
this  trend has  receded in  the  last six  months.   He said  he                                                               
appreciated Mr. Taylor's comments.                                                                                              
                                                                                                                                
2:42:19 PM                                                                                                                    
                                                                                                                                
MR. TAYLOR  clarified that he  in no  way meant to  denigrate the                                                               
good work  being done  by the  attorneys in  the department.   He                                                               
said the  list is long,  and there was  a good legal  argument to                                                               
support  the stances  in  those cases.    A completely  different                                                               
matter,  he  said,   is  whether  he  would   have  advised  that                                                               
litigation.  He said the  recent litigation between the executive                                                               
and legislative  branch has been  unfortunate.  He said  he would                                                               
take every  opportunity "to reach  across with  Legislative Legal                                                               
[Services] on  these issues" to  try to  come to an  agreement at                                                               
least on the major issues.   He promised to think and talk before                                                               
filing, and hopefully "resolve some  of these issues outside of a                                                               
courtroom."                                                                                                                     
                                                                                                                                
2:44:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted the number of  questions still to be asked and                                                               
asked Mr.  Taylor if he would  be available to return  before the                                                               
committee another day.                                                                                                          
                                                                                                                                
2:44:30 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:44 p.m. to 2:46 p.m.                                                                       
                                                                                                                                
2:46:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  confirmed his choice  to continue  the confirmation                                                               
hearing at a future date.                                                                                                       
                                                                                                                                
2:47:07 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN closed public testimony  on the confirmation hearing                                                               
for  Tregg Taylor,  Appointee,  Attorney  General, Department  of                                                               
Law.                                                                                                                            
                                                                                                                                
          HB 3-DEFINITION OF "DISASTER": CYBERSECURITY                                                                      
                                                                                                                                
2:47:33 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
CS FOR HOUSE BILL NO. 3(STA),  "An Act relating to the definition                                                               
of 'disaster.'"  [Before the committee was CSHB 3(STA).]                                                                        
                                                                                                                                
2:47:52 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN opened  public  testimony on  CSHB  3(STA).   After                                                               
ascertaining there  was no one  who wished to testify,  he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
CHAIR CLAMAN invited committee questions.                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN  noted that  a switch  had been  made from                                                               
natural  disasters  to manmade  disasters.    He asked,  "Is  the                                                               
intent  of  the sponsor  to  draw  distinction between  accidents                                                               
versus  the kinds  of  attacks and  intentionality  that we  were                                                               
talking about?"                                                                                                                 
                                                                                                                                
2:49:26 PM                                                                                                                    
                                                                                                                                
ERICK  CODERO-GIORGANA, Staff,  Representative Mike  Prax, Alaska                                                               
State Legislature, answered  that the intent is "to  cover all of                                                               
that."                                                                                                                          
                                                                                                                                
2:50:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   asked  Mr.   Codero-Girogana  to                                                               
confirm he is staff for Representative Mike Prax.                                                                               
                                                                                                                                
MR.  CODERO-GIORGANA answered  yes.   He added,  "I'm allowed  to                                                               
help today  - Representative  Johnson - for  the bill,  because I                                                               
was helping her carry that bill."                                                                                               
                                                                                                                                
2:50:33 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN explained  a  recent switch  of  staff between  the                                                               
offices  of  Representatives  Johnson  and Prax  to  explain  Mr.                                                               
Codero-Giorgana's involvement.                                                                                                  
                                                                                                                                
2:52:03 PM                                                                                                                    
                                                                                                                                
MR.  CODERO-GIORGANA, in  response to  a follow-up  question from                                                               
Representative Eastman  as to whether  the bill would  cover both                                                               
cyber  attacks   and  cyber  security  attacks,   answered,  "The                                                               
sponsor's intention is to cover all of it."                                                                                     
                                                                                                                                
2:53:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND indicated she  had, at a previous hearing                                                               
on CSHB  3(STA), asked  about political  subdivisions.   She then                                                               
noted that  Mr. Wyatt, the  information technology  (IT) director                                                               
of the Matanuska-Susitna (Mat-Su)  Borough, had testified about a                                                               
cyberattack  in 2019.    She  asked whether  the  state would  be                                                               
assisting  boroughs  in  protecting themselves  and  whether  the                                                               
definition of "disaster" in CSHB 3(STA) should be amended.                                                                      
                                                                                                                                
MR.  CODERO-GIORGANA   answered  that  it  will   depend  on  the                                                               
circumstances of each disaster.   He explained that each district                                                               
can  seek assistance  and would  do so  depending on  whether the                                                               
disaster was  or was  not contained.   He  stated that  when that                                                               
cyberattack occurred, the Mat-Su  Borough tried to get additional                                                               
assistance  from  the  state  by having  the  state  declare  the                                                               
situation a disaster.  He said  because this was not clarified in                                                               
statute,  it  did  not  happen.    The  district  still  received                                                               
assistance, but "it wasn't as easy to  get as if this had been in                                                               
statute."  He then referred  to questions Representative Drummond                                                               
had asked previously and noted one  had not been answered at that                                                               
time, which  was that the  Alaska Railroad is  an instrumentality                                                               
of the state "and therefore would be covered under the statute."                                                                
                                                                                                                                
REPRESENTATIVE DRUMMOND indicated she  had just received from her                                                               
staff a  list of political  subdivisions of the state,  which she                                                               
said addressed her questions.                                                                                                   
                                                                                                                                
2:56:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN,  considering   the  broadness   of  the                                                               
language in  CSHB 3(STA), asked  whether there was a  good reason                                                               
not to  allow the governor  to declare a  disaster if there  is a                                                               
potential  for  federal aid,  for  example.   He  indicated  that                                                               
currently  statute limits  the governor's  ability  to declare  a                                                               
disaster.                                                                                                                       
                                                                                                                                
MR.  CODERO-GIORGANA responded  that under  CSHB 3(STA),  certain                                                               
criteria must  be met to declare  a disaster, and whether  or not                                                               
the  governor should  or should  not have  the authority  to call                                                               
more  disasters or  fewer disasters  is a  policy call  not being                                                               
address under the proposed legislation.                                                                                         
                                                                                                                                
2:57:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that CSHB 3(STA) was held over.                                                                          
                                                                                                                                
2:58:06 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.                                                                 

Document Name Date/Time Subjects
Attorney General Appointment - Treg Taylor Resume 3.15.2021.pdf HJUD 3/15/2021 1:30:00 PM
HJUD 3/19/2021 1:30:00 PM
Attorney General Appointment - Treg Taylor
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