Legislature(2021 - 2022)GRUENBERG 120

03/17/2021 01:30 PM JUDICIARY

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Audio Topic
01:33:17 PM Start
01:35:25 PM Alaska Police Standards Council
01:55:45 PM Select Committee on Legislative Ethics
02:16:20 PM HB3
02:50:36 PM HB57
03:05:49 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
Alaska Police Standards Council -
Gregory Campbell, Justin Doll, Ed Mercer, &
Jennifer Winkelman
-- Public Testimony --
+ Confirmation Hearing: TELECONFERENCED
Select Committee on Legislative Ethics - Dennis
"Skip" Cook & Gerald "Jerry" McBeath
-- Public Testimony --
+= HB 57 FUNDS SUBJECT TO CBR SWEEP PROVISION TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 3 DEFINITION OF "DISASTER": CYBERSECURITY TELECONFERENCED
Moved CSHB 3(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 17, 2021                                                                                         
                           1:33 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Liz Snyder, Vice Chair (via Teams video)                                                                         
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):                                                                                                        
                                                                                                                                
Alaska Police Standards Council                                                                                               
                                                                                                                                
     Gregory "Scott" Campbell - Palmer                                                                                          
     Justin Dahl - Anchorage                                                                                                    
     Ed Mercer - Juneau                                                                                                         
     Jennifer Winkelman - Juneau                                                                                                
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Select Committee on Legislative Ethics                                                                                        
                                                                                                                                
     Dennis "Skip" Cook - Fairbanks                                                                                             
     Gerald "Jerry" McBeath - Fairbanks                                                                                         
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 3                                                                                                                
"An Act relating to the definition of 'disaster.'"                                                                              
                                                                                                                                
     - MOVED CSHB 3(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 57                                                                                                               
"An Act  relating to  the budget  reserve fund  established under                                                               
art.  IX,  sec.  17(d),  Constitution of  the  State  of  Alaska;                                                               
relating  to money  available for  appropriation for  purposes of                                                               
applying art. IX,  sec. 17, Constitution of the  State of Alaska;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - 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                                                                                           
03/15/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/15/21       (H)       Heard & Held                                                                                           
03/17/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB  57                                                                                                                  
SHORT TITLE: FUNDS SUBJECT TO CBR SWEEP PROVISION                                                                               
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/15/21                                                                               
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       JUD, FIN                                                                                               
03/10/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/10/21       (H)       Scheduled but Not Heard                                                                                
03/17/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GREGORY "SCOTT" CAMPBELL, Appointee                                                                                             
Alaska Police Standards Council                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
JUSTIN DAHL, Appointee                                                                                                          
Alaska Police Standards Council                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
ED MERCER, Appointee                                                                                                            
Alaska Police Standards Council                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
JENNIFER WINKLEMAN, Appointee                                                                                                   
Alaska Police Standards Council                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as  appointee to the Alaska Police                                                             
Standards Council.                                                                                                              
                                                                                                                                
DENNIS "SKIP" COOK, Appointee                                                                                                   
Select Committee on Legislative Ethics                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                             
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
GERALD "JERRY" MACBETH, Appointee                                                                                               
Select Committee on Legislative Ethics                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  as  appointee  to  the  Select                                                             
Committee on Legislative Ethics.                                                                                                
                                                                                                                                
REPRESENTATIVE DELENA JOHNSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   As prime sponsor of HB  3, offered feedback                                                             
regarding proposed amendments.                                                                                                  
                                                                                                                                
MARK BREUNIG, Chief Information Security Officer                                                                                
State Security Office                                                                                                           
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Offered his  opinion on Amendments 5  and 6                                                             
to CSHB 3(STA).                                                                                                                 
                                                                                                                                
ELISE THORNBERG, Staff                                                                                                          
Representative Andy Josephson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented the sectional analysis  for HB 57                                                             
on behalf of Representative Josephson, prime sponsor.                                                                           
                                                                                                                                
REPRESENTATIVE ANDY JOSEPHSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As prime sponsor, presented HB 57.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:33:17 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:33  p.m.  Representatives  Eastman, Vance,                                                               
Drummond, Kreiss-Tomkins,  Kurka, Snyder  (via Teams  video), and                                                               
Claman were present at the call to order.                                                                                       
                                                                                                                                
CHAIR  CLAMAN  stated  that  if  a committee  member  is  in  the                                                               
Capitol,  in his/her  office participating  "by  Teams, with  the                                                               
video running," then he/she will  be allowed to participate as if                                                               
in the committee room.  This  means being allowed to vote to move                                                               
a bill out of committee and  sign the committee report.  The same                                                               
will not  be allowed  for a  committee member  participating from                                                               
outside the Capitol  building; those members would  be allowed to                                                               
ask questions,  but not  allowed to  vote to move  a bill  out of                                                               
committee.   Chair Claman  said these  are instructions  from the                                                               
Speaker  of the  House that  have been  confirmed by  Legislative                                                               
Legal  Services.    In response  to  Representative  Eastman,  he                                                               
clarified  that  he  was  making   an  announcement  rather  than                                                               
bringing up a topic for discussion.                                                                                             
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                    CONFIRMATION HEARING(S):                                                                                
^ALASKA POLICE STANDARDS COUNCIL                                                                                                
                ALASKA POLICE STANDARDS COUNCIL                                                                             
                                                                                                                                
1:35:25 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
the  confirmation hearing  on the  governor's  appointees to  the                                                               
Alaska Police Standards Council.                                                                                                
                                                                                                                                
1:36:32 PM                                                                                                                    
                                                                                                                                
GREGORY  "SCOTT"  CAMPBELL,  Appointee, Alaska  Police  Standards                                                               
Council, offered  his biographical information [on  his resume in                                                               
the  committee  packet],  including  his 25  years  as  a  police                                                               
officer  and  previous service  on  the  Alaska Police  Standards                                                               
Council.   He  expressed interest  in maintaining  the standards,                                                               
recruitment,  background checks,  and  regulations  that are  the                                                               
responsibility of  the council.   In response to a  question from                                                               
Chair Claman,  he clarified that  he is not currently  serving on                                                               
the council.                                                                                                                    
                                                                                                                                
1:37:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  noted those with homeschool  diplomas are                                                               
facing obstacles  when seeking  to work in  law enforcement.   He                                                               
asked Mr. Campbell for his thoughts on the issue.                                                                               
                                                                                                                                
MR. CAMPBELL  answered that that is  the first time he  has heard                                                               
of that  issue, and  he thinks  there should  be no  obstacles in                                                               
that regard.                                                                                                                    
                                                                                                                                
CHAIR CLAMAN expressed  that this seems to be a  policy issue for                                                               
the  legislature  rather   than  a  topic  to   broach  with  the                                                               
appointee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN  explained the policy had  been instituted                                                               
by  the  council; therefore,  he  expressed  his desire  for  the                                                               
council to reverse or improve upon that decision.                                                                               
                                                                                                                                
1:40:48 PM                                                                                                                    
                                                                                                                                
JUSTIN   DAHL,  Appointee,   Alaska  Police   Standards  Council,                                                               
testified as  appointee to the  Alaska Police  Standards Council.                                                               
He said he has been  serving with the Anchorage Police Department                                                               
for the  last 25  years, currently  as chief  of police,  and has                                                               
been serving on the Alaska  Police Standards Council for the last                                                               
three to four years.                                                                                                            
                                                                                                                                
CHAIR  CLAMAN noted  that Mr.  Dahl  would be  retiring from  his                                                               
position  as  chief  of  police  with APD  and  had  applied  for                                                               
"similar positions in other locales."   He asked Mr. Dahl how his                                                               
retirement and subsequent work either  in Alaska or Outside would                                                               
affect his ability to serve on the council.                                                                                     
                                                                                                                                
MR.  DAHL stated,  "When my  retirement takes  effect, even  if I                                                               
were willing to continue to  serve and remain an Alaska resident,                                                               
it would need  to pass on to  another chief of police."   He said                                                               
he  spoke with  the Office  of the  Governor about  this when  he                                                               
announced  his retirement  and  was asked  to  continue with  the                                                               
appointment  process.   He  said  he is  currently  chair of  the                                                               
council  and  would continue  to  serve  in  that role  until  he                                                               
retires and is no longer eligible.   In response to Chair Claman,                                                               
he  confirmed  that, if  confirmed,  his  appointed term  on  the                                                               
council would  end June 30, [2021],  and if he is  hired as chief                                                               
of  police somewhere  else within  Alaska, he  would not  need to                                                               
retire from the council.                                                                                                        
                                                                                                                                
1:42:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked Mr.  Dahl  to  comment on  how  to                                                               
improve recruitment in law enforcement.                                                                                         
                                                                                                                                
MR. DAHL answered that "we" need  to continue doing what has been                                                               
done,  and he  emphasized  the importance  of  "getting the  word                                                               
out."   He said  he thinks  [recruitment] is  challenging because                                                               
currently law enforcement is under  a lot of scrutiny nationwide,                                                               
which can make it challenging  to convince young people to choose                                                               
it as  a career field.   He said  APD has  had a lot  of success,                                                               
with  staff "bumped  up"  to 100  percent for  the  academy.   He                                                               
indicated that outreach, education, and encouragement are key.                                                                  
                                                                                                                                
1:44:13 PM                                                                                                                    
                                                                                                                                
ED MERCER, Appointee, Alaska  Police Standards Council, testified                                                               
as appointee to the Alaska Police  Standards Council.  He said he                                                               
has worked in  law enforcement for approximately 28  years and is                                                               
currently the  chief of  police in  the Juneau  Police Department                                                               
(JPD).   He noted other  experience as  listed on his  resume [in                                                               
the  committee packet],  including  an FBI  Academy graduate  and                                                               
service on  several boards.   He estimated  he has served  on the                                                               
council for  at least a year  and a half.   He said he  serves on                                                               
the FBI  Criminal Justice Information System  Northwest Group and                                                               
is a member of the High Intensity Drug Trafficking (HIDA) Board.                                                                
                                                                                                                                
1:46:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  about a three-year bar  to making a                                                               
transition  from   military  law  enforcement  to   civilian  law                                                               
enforcement, and asked  Mr. Mercer for his thoughts  or ideas for                                                               
change in that regard.                                                                                                          
                                                                                                                                
MR. MERCER echoed  Chief Dahl's remark that this is  a tough time                                                               
for  recruitment and  retention of  personnel.   He said  APD has                                                               
several  members who  transferred from  military to  civilian law                                                               
enforcement.   He said APD  encourages all who are  interested in                                                               
law enforcement.   Currently APD  participates with  the National                                                               
Guard and  U.S. Army to  get current military  members interested                                                               
in  law enforcement  and direct  them to  those agencies  open to                                                               
accepting applicants  with a military  background.   He expressed                                                               
the  need to  "take  a broad  approach" and  said,  "I'm open  to                                                               
that."                                                                                                                          
                                                                                                                                
1:48:17 PM                                                                                                                    
                                                                                                                                
JENNIFER WINKLEMAN,  Appointee, Alaska Police  Standards Council,                                                               
shared her  biographical and educational information  as shown on                                                               
her  resume [in  the committee  packet], including  that she  has                                                               
worked with the Department of  Corrections (DOC) for just over 20                                                               
years,  with   current  service  as  the   director  of  Pretrial                                                               
Probation and Parole.   She said she considers it  a privilege to                                                               
be given  the opportunity to serve  on the council, and  she said                                                               
her  work has  helped  her recognize  the  challenges endured  by                                                               
Alaska law  enforcement.   She said being  on the  council allows                                                               
her  a  voice  to  ensure best  practices  in  certification  and                                                               
training  are  being  followed,  as well  as  affording  her  the                                                               
opportunity  to try  to  restore lost  faith  in law  enforcement                                                               
resulting from cases  of misconduct.  She said she  has served on                                                               
the council for a little over  two years and feels her experience                                                               
and personality  continue to  be an  asset to  the council.   She                                                               
said she  has been  fair and impartial  in making  decisions that                                                               
impact officers and communities.                                                                                                
                                                                                                                                
1:50:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN brought  up the  topic of  reserve police                                                               
officers and mentioned a limitation  in recruitment, and he asked                                                               
Ms. Winkleman whether she had any  comments on the topic based on                                                               
her experience on the council.                                                                                                  
                                                                                                                                
MS. WINKLEMAN answered that she  does not, but said her curiosity                                                               
has been peaked to look into the topic.                                                                                         
                                                                                                                                
1:52:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  expressed his appreciation  of Ms.                                                               
Winkleman's  service within  DOC, and  he opined  that the  state                                                               
would be well represented with her on the council.                                                                              
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony  on the confirmation hearing                                                               
on  the  governor's appointees  to  the  Alaska Police  Standards                                                               
Council.   There being no  one who  wished to testify,  he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
CHAIR CLAMAN invited final comments from the committee.                                                                         
                                                                                                                                
1:53:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND remarked that Mr.  Dahl will be missed in                                                               
Anchorage.  She said it is  frustrating that the governor has not                                                               
instead appointed  someone who is  not retiring in a  few months,                                                               
but she  said she  knows Mr.  Dahl will serve  well in  the brief                                                               
time he is on the council.                                                                                                      
                                                                                                                                
1:54:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  appreciation for  each of  the                                                               
appointees  willing to  serve on  the council  and asked  them to                                                               
focus on recruitment and retention.                                                                                             
                                                                                                                                
1:54:23 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  acknowledged the  work some  of the  appointees had                                                               
done while serving previous terms.                                                                                              
                                                                                                                                
1:54:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  stated that  the House  Judiciary Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointees and  recommends that the following  names be forwarded                                                               
to a joint session for  consideration:  Gregory "Scott" Campbell,                                                               
Justin  Dahl, Ed  Mercer, and  Jennifer Winkleman  to the  Alaska                                                               
Police Standards  Council.   She said this  does not  reflect any                                                               
intent  by any  of  the  members to  vote  for  or against  these                                                               
individuals  during   further  sessions   for  the   purposes  of                                                               
confirmation.                                                                                                                   
                                                                                                                                
CHAIR  CLAMAN  announced  that   the  names  of  Gregory  "Scott"                                                               
Campbell,  Justin  Dahl,  Ed   Mercer,  and  Jennifer  Winkleman,                                                               
appointees  to  the Alaska  Police  Standards  Council, would  be                                                               
forwarded to the joint session.                                                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
^SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                                         
             SELECT COMMITTEE ON LEGISLATIVE ETHICS                                                                         
                                                                                                                                
1:55:45 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
the  confirmation hearing  on the  governor's  appointees to  the                                                               
Select Committee on Legislative Ethics.                                                                                         
                                                                                                                                
1:56:30 PM                                                                                                                    
                                                                                                                                
DENNIS "SKIP"  COOK, Appointee,  Select Committee  on Legislative                                                               
Ethics, gave his biographical experience,  as noted on the resume                                                               
[included   in  the   committee  packet],   including  43   years                                                               
practicing law before  his retirement in 1970.   During that time                                                               
he was  appointed to the  Select Committee on  Legislative Ethics                                                               
by  Chief Justice  Matthews.   He  said he  enjoyed training  and                                                               
advisory  work and  has  participated  in suggesting  legislative                                                               
changes.  He remarked  that in the 27 years he  has served on the                                                               
committee,  there   has  been   considerable  turnover,   and  he                                                               
expressed the value of having some  continuity.  He asked that he                                                               
be allowed to continue this service.                                                                                            
                                                                                                                                
1:58:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  offered his  understanding that  Mr. Cook                                                               
had not  confirmed last  year, and he  inquired whether  there is                                                               
any limitation on members of  the Select Committee on Legislative                                                               
Ethics being put forward by the courts.                                                                                         
                                                                                                                                
CHAIR  CLAMAN noted  Representative  Eastman was  asking a  legal                                                               
question  and gave  Mr.  Cook  the leeway  to  answer  if he  was                                                               
comfortable doing so.                                                                                                           
                                                                                                                                
MR.  COOK responded  that  he  does not  believe  he  was on  the                                                               
schedule for confirmation last year or  that he has ever not been                                                               
confirmed.   He  said he  does not  think there  is a  limitation                                                               
regarding someone coming back on  the committee if he/she had not                                                               
been confirmed.                                                                                                                 
                                                                                                                                
1:59:41 PM                                                                                                                    
                                                                                                                                
GERALD   "JERRY"   MACBETH,   Appointee,  Select   Committee   on                                                               
Legislative  Ethics,   gave  his   resume  information   [in  the                                                               
committee packet],  sharing his background in  Political Science,                                                               
his study of  Alaska politics, and his former work  as a teacher.                                                               
He called himself  "the veteran political scientist  in the state                                                               
of Alaska."   He noted he had developed an  Ethics course as part                                                               
of University of  Alaska's core curriculum and  taught the course                                                               
for 25  years.  He  emphasized his  belief in the  legislature as                                                               
the heart  of democratic governance.   He said people's  trust in                                                               
legislatures is  essential and  has been  declining overall.   He                                                               
said  the  Select Committee  on  Legislative  Ethics ensures  the                                                               
public  knows the  legislature is  doing business  in an  ethical                                                               
manner.   He said  he wants  to reinforce  the public's  faith in                                                               
democratic institutions and  has the time to do that  now that he                                                               
is no longer  teaching.  He said he applied  because he thinks he                                                               
has something to  add that other public members  of the committee                                                               
may not have.  Further, he said he may learn a great deal.                                                                      
                                                                                                                                
2:03:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked Mr.  Macbeth how  he will  go about                                                               
improving the public's trust.                                                                                                   
                                                                                                                                
MR. MACBETH  answered that is  one of  the purposes of  AS 24.60,                                                               
which   is  the   Act  establishing   the  Select   Committee  on                                                               
Legislative  Ethics.    The  statute   allows  anyone  to  submit                                                               
complaints to  the committee about operations  of the legislature                                                               
and  legislative   members  that  any  individual   believes  are                                                               
wrongful  and  unethical.    He   pointed  out  that  unlike  the                                                               
executive and  judicial branch ethics, in  the legislative branch                                                               
there  is "the  problem of  focusing attention  on a  legislative                                                               
complaint while  having, as legislatures  to work with,  a member                                                               
of the  legislative body who  is under a  cloud."  He  noted that                                                               
the Alaska  Public Offices Commission  (APOC) as  an increasingly                                                               
rigorous  disclosure  requirement,  which   he  said  has  to  be                                                               
considered in  connection with legislative  ethics.   In response                                                               
to  a  follow-up question,  he  described  his work  with  former                                                               
Senator Frank Murkowski.                                                                                                        
                                                                                                                                
2:08:32 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  offered  clarification  on  the  subject  of  term                                                               
lengths.                                                                                                                        
                                                                                                                                
2:09:48 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  [opened  public   testimony  on  the  confirmation                                                               
hearings for  the governor's appointees  to the  Select Committee                                                               
on  Legislative  Ethics.]   There  being  no  one who  wished  to                                                               
testify, he closed public testimony.                                                                                            
                                                                                                                                
CHAIR CLAMAN invited final comments from the committee.                                                                         
                                                                                                                                
2:10:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  thanked the appointees and  asked them to                                                               
keep in  mind his  understanding that  there is  a lot  about the                                                               
Select Committee  on Legislative Ethics that  legislators "aren't                                                               
necessarily familiar with."                                                                                                     
                                                                                                                                
2:11:02 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  thanked both appointees  for their service  and for                                                               
the work Mr.  Macbeth has done in  the review of the  work of the                                                               
legislature in Alaska and other states.                                                                                         
                                                                                                                                
2:11:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  stated that  the House  Judiciary Standing                                                               
Committee  has  reviewed  the qualifications  of  the  governor's                                                               
appointees and  recommends that the following  names be forwarded                                                               
to a  joint session  for consideration:   Dennis "Skip"  Cook and                                                               
Gerald  "Jerry" Macbeth  to the  Select Committee  on Legislative                                                               
Ethics.  She said this does not  reflect any intent by any of the                                                               
members to  vote for  or against  the individuals  during further                                                               
sessions for the purposes of confirmation.                                                                                      
                                                                                                                                
CHAIR CLAMAN announced  that the names of Dennis  "Skip" Cook and                                                               
Gerald  "Jerry" Macbeth,  appointees to  the Select  Committee on                                                               
Legislative Ethics would  be forwarded to the  [joint session for                                                               
confirmation].                                                                                                                  
                                                                                                                                
2:12:18 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:12 p.m. to 2:16 p.m.                                                                       
                                                                                                                                
          HB 3-DEFINITION OF "DISASTER": CYBERSECURITY                                                                      
                                                                                                                                
2:16:20 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  3,  "An  Act  relating  to  the  definition  of                                                               
'disaster.'"  [Before the committee was CSHB 3(STA).]                                                                           
                                                                                                                                
2:17:17 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  passed  the  gavel   to  Vice  Chair  Snyder  [who                                                               
transitioned from  Teams video participation to  in-room presence                                                               
during this part of the meeting].                                                                                               
                                                                                                                                
2:17:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN moved  to adopt Amendment 1 to  CSHB 3(STA), labeled                                                               
32-LS0041\G.5, Dunmire, 3/16/21, which read as follows:                                                                         
                                                                                                                                
     Page 2, line 30, following "affected;":                                                                                
     Insert     "in     this     subparagraph,     "critical                                                                
     infrastructure"  means  systems   and  assets,  whether                                                                
     physical or  virtual, so  vital to  the state  that the                                                                
     incapacity  or destruction  of the  systems and  assets                                                                
     would  have a  debilitating effect  on security,  state                                                                
     economic security,  state public  health or  safety, or                                                                
     any combination of those matters;"                                                                                     
                                                                                                                                
2:17:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.                                                                 
                                                                                                                                
CHAIR  CLAMAN spoke  to Amendment  1.   He  said it  would add  a                                                               
definition  of  critical  infrastructure  based  on  the  federal                                                               
definition, changing the  reference to the United  States to "the                                                           
state".                                                                                                                     
                                                                                                                                
2:18:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DELENA  JOHNSON,  Alaska  State  Legislature,  as                                                               
prime sponsor of HB 3, said she is fine with Amendment 1.                                                                       
                                                                                                                                
2:18:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  for  a  definitions  showing  the                                                               
difference between "security" and "state economic security".                                                            
                                                                                                                                
REPRESENTATIVE CLAMAN  proffered that  an example of  security is                                                               
public security, such as a  threat to the public safety database,                                                               
while a  threat to  the transportation of  oil would  be directly                                                               
related  to  economic  security.   In  response  to  a  follow-up                                                               
question, he said  he thinks under the  proposed legislation, the                                                               
governor  would have  the authority  to declare  an emergency  if                                                               
there  was a  threat to  the pipeline.   To  a further  follow-up                                                               
regarding web sites,  he said the answer depends  on the specific                                                               
situation; a  massive web  site with a  tremendous amount  of use                                                               
that  is getting  threatened  is different  from  a personal  web                                                               
site.   He  said Amendment  1  "doesn't propose  to provide  that                                                               
level of definition."                                                                                                           
                                                                                                                                
2:22:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  said  she   likes  the  effort  to  define                                                               
critical infrastructure  in terms of cybersecurity;  however, she                                                               
said  all  the lines  in  Amendment  1 that  reference  security,                                                               
economic security, and  public health and safety  may be limiting                                                               
what can  be done.   She suggested ending the  sentence following                                                               
"have a debilitating  effect".  She expressed  concern that there                                                           
may be things that would fall  under that definition that are not                                                               
listed in Amendment 1.                                                                                                          
                                                                                                                                
2:24:36 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN responded  that he  would not  support that  change                                                               
because  the  definition  in  Amendment 1  is  patterned  on  the                                                               
federal definition  and he would  like the  two to align  so that                                                               
the federal standard informs how the state standard is applied.                                                                 
                                                                                                                                
2:25:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  expressed   concern  that   making  the                                                               
definition as broad  as it is would authorize  the declaration of                                                               
disaster for anything.                                                                                                          
                                                                                                                                
2:26:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  noted  that  Amendment  1  would  amend                                                               
[paragraph  (2),  subparagraph]  (F), [which  is  a  subparagraph                                                               
added  under CSHB  3(STA)].   She  highlighted  the following  in                                                               
subparagraph (F):                                                                                                               
                                                                                                                                
        (F) a cybersecurity attack that affects critical                                                                    
       infrastructure in the state, an information system                                                                   
     owned or operated by the state                                                                                         
                                                                                                                                
REPRESENTATIVE  DRUMMOND   opined  that  an   information  system                                                               
includes any web site and data  storage.  She gave the example of                                                               
"My Alaska," which includes not  only the permanent fund dividend                                                               
(PFD)  application process,  but also  public official  financial                                                               
disclosures  and  campaign  disclosures.   She  said  she  thinks                                                               
Amendment 1  strengthens the  definition of  cyber infrastructure                                                               
and "is fine as is."                                                                                                            
                                                                                                                                
2:28:15 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  in response  to  a  question from  Representative                                                               
Kurka,  offered  his view  that  Amendment  1 would  affect  only                                                               
[subparagraph] (F).                                                                                                             
                                                                                                                                
2:30:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  removed her  objection to the  motion to                                                               
adopt Amendment 1.                                                                                                              
                                                                                                                                
2:30:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
2:30:35 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Snyder,                                                               
Kreiss-Tomkins, Vance,  and Claman voted  in favor of  the motion                                                               
to adopt  Amendment 1.   Representatives Eastman and  Kurka voted                                                               
against it.   Therefore, Amendment 1 was adopted by  a vote of 5-                                                               
2.                                                                                                                              
                                                                                                                                
VICE CHAIR SNYDER passed the gavel back to Chair Claman.                                                                        
                                                                                                                                
2:31:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, labeled 32-                                                                  
LS0041\G.2, Marx/Dunmire, 3/16/21, which read as follows:                                                                       
                                                                                                                                
     Page 1, line 1, following "to":                                                                                          
          Insert "a declaration of a disaster emergency;                                                                      
     and relating to"                                                                                                         
                                                                                                                                
     Page 1, following line 2:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 26.23.020(c) is amended to read:                                                                   
          (c)  If the governor finds that a disaster has                                                                        
     occurred or that a disaster  is imminent or threatened,                                                                    
     the   governor  shall,   by  proclamation,   declare  a                                                                    
     condition   of   disaster   emergency.   The   disaster                                                                    
     emergency remains  in effect  until the  governor finds                                                                    
     that the  danger has  passed or  the disaster  has been                                                                    
     dealt with so that the  emergency no longer exists. The                                                                    
     governor  may  terminate   the  disaster  emergency  by                                                                    
     proclamation. A proclamation  of disaster emergency may                                                                    
     not  remain  in  effect  longer  than  30  days  unless                                                                    
     extended  by   a  majority  of   the  members   of  the                                                                
     legislature   in  joint   session   [BY  A   CONCURRENT                                                                
     RESOLUTION]. The proclamation  must indicate the nature                                                                    
     of the  disaster, the area threatened  or affected, and                                                                    
     the conditions that have brought  it about or that make                                                                    
     possible the  termination of the disaster  emergency. A                                                                    
     proclamation  to   declare  a  condition   of  disaster                                                                    
     emergency   must  also   state  whether   the  governor                                                                    
     proposes  to  expend  state funds  to  respond  to  the                                                                    
     disaster  under  (i) or  (j)  of  this section.  Unless                                                                
     authorized  by  a  majority  of   the  members  of  the                                                                
     legislature in joint session,                                                                                          
               (1)  the governor may not declare a                                                                          
     condition  of  disaster   emergency  while  a  declared                                                                
     condition of disaster emergency remains in effect; and                                                                 
               (2)  the governor may not declare a                                                                          
     condition of disaster emergency  related to a condition                                                                
     of  disaster  emergency  previously  declared  by  that                                                                
     governor.                                                                                                              
        * Sec. 2. AS 26.23.210(a) is amended to read:                                                                         
          (a)  In the event of a conflict between this                                                                          
     chapter  and  AS 26.20,  including  in  the  event  the                                                                    
     governor declares a disaster  under this chapter due to                                                                    
     an  attack  or credible  threat  of  imminent enemy  or                                                                    
     terrorist  attack  [AS DESCRIBED  IN  AS 26.23.900(2)],                                                                    
     the provisions of this chapter shall govern."                                                                              
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "resulting from"                                                                                               
          Insert "[RESULTING FROM"                                                                                              
                                                                                                                                
     Page 1, line 7, through page 2, line 30:                                                                                   
          Delete all material and insert:                                                                                       
               "(A)  AN INCIDENT SUCH AS STORM, HIGH WATER,                                                                     
     WIND-DRIVEN  WATER,  TIDAL WAVE,  TSUNAMI,  EARTHQUAKE,                                                                    
     VOLCANIC  ERUPTION,   LANDSLIDE,  MUDSLIDE,  AVALANCHE,                                                                    
     SNOWSTORM,  PROLONGED  EXTREME   COLD,  DROUGHT,  FIRE,                                                                    
     FLOOD, EPIDEMIC, EXPLOSION, OR RIOT;                                                                                       
               (B)  THE RELEASE OF OIL OR A HAZARDOUS                                                                           
     SUBSTANCE  IF THE  RELEASE  REQUIRES  PROMPT ACTION  TO                                                                    
     AVERT  ENVIRONMENTAL DANGER  OR MITIGATE  ENVIRONMENTAL                                                                    
     DAMAGE;                                                                                                                    
               (C)  EQUIPMENT FAILURE IF THE FAILURE IS NOT                                                                     
     A   PREDICTABLY   FREQUENT   OR  RECURRING   EVENT   OR                                                                    
     PREVENTABLE  BY   ADEQUATE  EQUIPMENT   MAINTENANCE  OR                                                                    
     OPERATION;                                                                                                                 
               (D)  ENEMY OR TERRORIST ATTACK OR A CREDIBLE                                                                     
     THREAT  OF IMMINENT  ENEMY OR  TERRORIST  ATTACK IN  OR                                                                    
     AGAINST  THE STATE  THAT THE  ADJUTANT  GENERAL OF  THE                                                                    
     DEPARTMENT  OF  MILITARY  AND VETERANS'  AFFAIRS  OR  A                                                                    
     DESIGNEE OF THE ADJUTANT  GENERAL, IN CONSULTATION WITH                                                                    
     THE COMMISSIONER OF PUBLIC SAFETY  OR A DESIGNEE OF THE                                                                    
     COMMISSIONER  OF   PUBLIC  SAFETY,  CERTIFIES   TO  THE                                                                    
     GOVERNOR  HAS A  HIGH PROBABILITY  OF OCCURRING  IN THE                                                                    
     NEAR FUTURE; THE CERTIFICATION  MUST MEET THE STANDARDS                                                                    
     OF AS 26.20.040(C); IN  THIS SUBPARAGRAPH, "ATTACK" HAS                                                                    
     THE MEANING GIVEN UNDER AS 26.20.200; OR                                                                                   
               (E)  AN OUTBREAK OF DISEASE OR A CREDIBLE                                                                        
     THREAT  OF AN  IMMINENT  OUTBREAK OF  DISEASE THAT  THE                                                                    
     COMMISSIONER  OF  HEALTH  AND   SOCIAL  SERVICES  OR  A                                                                    
     DESIGNEE  OF  THE  COMMISSIONER OF  HEALTH  AND  SOCIAL                                                                    
     SERVICES  CERTIFIES   TO  THE   GOVERNOR  HAS   A  HIGH                                                                    
     PROBABILITY  OF  OCCURRING  IN  THE  NEAR  FUTURE;  THE                                                                    
     CERTIFICATION  MUST BE  BASED  ON SPECIFIC  INFORMATION                                                                    
     RECEIVED   FROM    A   LOCAL,   STATE,    FEDERAL,   OR                                                                    
     INTERNATIONAL  AGENCY,  OR   ANOTHER  SOURCE  THAT  THE                                                                    
     COMMISSIONER OR THE DESIGNEE DETERMINES IS RELIABLE];"                                                                     
                                                                                                                                
2:31:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN  spoke to Amendment  2.  He said  it would                                                               
remove all the reasons for the  damage and focus instead on there                                                               
being damage;  therefore, any widespread damage  would qualify as                                                               
a disaster.   Further,  he said Amendment  2 would  prevent there                                                               
being  two  disasters  declared  when  the  legislature  had  not                                                               
addressed the first one.                                                                                                        
                                                                                                                                
2:34:33 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN observed  that Amendment  2 would  require a  title                                                               
change to the  purpose of the bill.  Further,  he stated that the                                                               
proposed  amendment would  delve  into "a  whole  new area  about                                                               
declarations  of disaster,"  which  he said  has  never been  the                                                               
subject  of  the  proposed  legislation.    Therefore,  he  ruled                                                               
Amendment 2 out of order.                                                                                                       
                                                                                                                                
2:34:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE objected.   She  observed that  Amendment 2                                                               
applies to  Section 1 of  CSHB 3(STA); therefore,  she questioned                                                               
how it would be out of order.                                                                                                   
                                                                                                                                
CHAIR CLAMAN  explained that part  of Amendment 2 proposes  a new                                                               
section  not part  of AS  26.23.900; it  goes into  AS 26.23.020,                                                               
which  addresses  the  declaration   itself  as  opposed  to  the                                                               
cybersecurity issue.   He  said, "This  is the  sort of  thing we                                                               
should spend  a lot more time  reviewing than taking it  up as an                                                               
amendment to an existing bill."                                                                                                 
                                                                                                                                
2:35:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if it was  Chair Claman's intention                                                               
to rule all amendments that change the bill title out of order.                                                                 
                                                                                                                                
CHAIR CLAMAN said this is not  a blanket rule.  He explained that                                                               
under  Rule 1  in Mason's  Manual,  the committee  is allowed  to                                                               
control the debate  and "not spend excessive time  on things that                                                               
aren't  really relevant  to the  matter at  hand."   He suggested                                                               
Representative  Eastman's proper  venue  is to  introduce a  bill                                                               
taking up these issues.                                                                                                         
                                                                                                                                
2:36:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
2:36:53 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Snyder,                                                               
Kreiss-Tomkins, and  Claman voted in  favor of the ruling  of the                                                               
chair on Amendment 2.   Representatives Vance, Eastman, and Kurka                                                               
voted against it.  Therefore, the  ruling of the chair was upheld                                                               
by a vote of 4-3.                                                                                                               
                                                                                                                                
2:37:57 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  ruled  Amendment 3,  [included  in  the  committee                                                               
packet but  never moved for adoption]  out of order.   He said it                                                               
brings  up  the  subject  of  martial law,  which  had  not  been                                                               
discussed  previously, and  which he  opined is  well beyond  the                                                               
bounds of what the committee would be discussing today.                                                                         
                                                                                                                                
2:38:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether   Amendment  3  had  been                                                               
"entered into the record."                                                                                                      
                                                                                                                                
CHAIR CLAMAN offered his understanding  that Amendment 3 had been                                                               
entered into  the record, since  it was "circulated on  [the Bill                                                               
Action & Status Inquiry System] (BASIS)."                                                                                       
                                                                                                                                
2:38:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected  to the ruling of the  chair.  He                                                               
said CSHB 3(STA)  deals with disaster emergencies,  and he opined                                                               
there is confusion on at  what point an emergency becomes martial                                                               
law.                                                                                                                            
                                                                                                                                
2:39:07 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Snyder,                                                               
Kreiss-Tomkins,  and  Claman  voted  in favor  of  upholding  the                                                               
ruling  of the  chair  on Amendment  3.   Representatives  Kurka,                                                               
Vance, and  Eastman voted against  it.  Therefore, the  ruling of                                                               
the chair was upheld by a vote of 4-3.                                                                                          
                                                                                                                                
2:39:50 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN ruled  Amendment 4,  [in the  committee packet  but                                                               
never moved for adoption], out of order.                                                                                        
                                                                                                                                
2:39:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected  and spoke to his  objection.  He                                                               
indicated the Chair  Claman, through his ruling,  was denying his                                                               
constituents their right to speak through the committee process.                                                                
                                                                                                                                
CHAIR  CLAMAN   welcomed  a  bill  from   Representative  Eastman                                                               
addressing  these   issues.    He   maintained  that   he  thinks                                                               
[Amendment 4]  would not be a  wise use of the  committee's time;                                                               
therefore, he said he would not change his ruling.                                                                              
                                                                                                                                
2:40:40 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Snyder,                                                               
Kreiss-Tomkins, and  Claman voted in  favor of the ruling  of the                                                               
chair on Amendment 4.   Representatives Eastman, Kurka, and Vance                                                               
voted against  it.  Therefore,  by a vote  of 4-3, the  ruling of                                                               
the chair was upheld.                                                                                                           
                                                                                                                                
2:41:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 5,  labeled 32-                                                               
LS0041\G.6, Dunmire, 3/17/21, which read as follows:                                                                            
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Delete "cybersecurity"                                                                                            
          Insert "cyber"                                                                                                    
                                                                                                                                
     Page 2, line 22:                                                                                                           
         Delete "cybersecurity attack or cybersecurity"                                                                     
     Insert "cyber attack or cyber"                                                                                         
                                                                                                                                
2:41:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS objected.                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN spoke  to Amendment 5.   He recalled there                                                               
had  been testimony  supporting a  broader scope  to include  all                                                               
cyber  incidents and  events,  not just  those  where someone  is                                                               
"going  through  the  guard  tower  and  causing  the  damage  or                                                               
injury."  He  said he does not have a  position on [Amendment 5],                                                               
but he explained that "it does  seem to clarify the intent of the                                                               
sponsor."   In  response  to  a question  from  Chair Claman,  he                                                               
clarified that he is offering Amendment  5 for the benefit of the                                                               
committee, not for his constituents.                                                                                            
                                                                                                                                
2:42:44 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   noted  Mark  Breunig,  an   information  security                                                               
officer, was available for questions.                                                                                           
                                                                                                                                
2:43:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  asked to  hear Mark Breunig's  thoughts on                                                               
Amendment 5.                                                                                                                    
                                                                                                                                
2:43:26 PM                                                                                                                    
                                                                                                                                
MARK BREUNIG, Chief Information  Security Officer, State Security                                                               
Office, Department  of Administration, said  he does not  have an                                                               
issue with  the change proposed  under Amendment  5.  He  said he                                                               
thinks the intent of [CSHB 3(STA)] would be maintained.                                                                         
                                                                                                                                
2:43:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  removed  his  objection.    There                                                               
being no further objection, Amendment 5 was [adopted].                                                                          
                                                                                                                                
2:44:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 6,  labeled 32-                                                               
LS0041\G.7, Dunmire, 3/17/21, which read as follows:                                                                            
                                                                                                                                
     Page 2, line 22:                                                                                                           
          Delete "vulnerability"                                                                                            
     Insert "event"                                                                                                         
                                                                                                                                
2:44:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE EASTMAN spoke to Amendment  6.  He said the reason                                                               
is  that the  bill sponsor  had said  that "event"  was what  was                                                               
originally intended.   He said he was offering  the amendment but                                                               
taking no position  on it.  In response to  a question from Chair                                                               
Claman, he explained the reason  he had not combined Amendments 5                                                               
and 6 was for the purpose of clarity.                                                                                           
                                                                                                                                
2:45:10 PM                                                                                                                    
                                                                                                                                
MR.  BREUNIG,  in  response  to  Chair  Claman,  said  he  thinks                                                               
"vulnerability" speaks  to potential  outcomes.  He  said "event"                                                               
is broader but does not damage  "the integrity and intent of this                                                               
change."                                                                                                                        
                                                                                                                                
2:45:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON, in response to  Chair Claman, said she is                                                               
fine with Amendment  6 because she does not think  it changes the                                                               
outcome of CSHB 3(STA).                                                                                                         
                                                                                                                                
2:46:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  removed  her objection  to  Amendment  6.                                                               
There being no further objection, Amendment 6 was [adopted].                                                                    
                                                                                                                                
CHAIR CLAMAN invited final comments on CSHB 3(STA), as amended.                                                                 
                                                                                                                                
2:46:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DRUMMOND  commented   that  her   prior  concern                                                               
regarding   political  subdivisions   of  the   state  had   been                                                               
addressed,  and they  would be  protected under  CSHB 3(STA),  as                                                               
amended.                                                                                                                        
                                                                                                                                
2:47:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE expressed  thanks to  the bill  sponsor for                                                               
bringing  the  proposed  legislation  forward  to  provide  "more                                                               
opportunities to protect our systems in the future."                                                                            
                                                                                                                                
2:47:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  appreciation for  the proposed                                                               
bill and said  he would not object to its  moving forward, but he                                                               
said  he has  concerns with  the  direction it  takes the  state,                                                               
since it  would broaden  the degree  to which  a disaster  can be                                                               
declared during  a time in which  "we are declaring an  awful lot                                                               
more disasters  than we have  in the past."   He opined,  "... if                                                               
we're  going  to  continue  to   declare  these  disasters  going                                                               
forward, I  think that  points to the  need for  some substantive                                                               
changes in our laws,  so we don't have to get  around the laws by                                                               
declaring the disasters as frequently as we do."                                                                                
                                                                                                                                
2:48:31 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  said  he appreciates  the  sponsor's  legislation,                                                               
since it addresses concerns that  have arisen since the state has                                                               
experienced  cybersecurity issues  and  attacks in  the last  few                                                               
years in Alaska, and he  appreciates the sponsor working with his                                                               
office on the definition of  critical infrastructure.  He further                                                               
expressed   appreciation   for    the   amendments   brought   by                                                               
Representative  Eastman  that  offered clarity  on  cyber  versus                                                               
cybersecurity.    For  those  reasons,  he  said,  he  encouraged                                                               
support of CSHB 3(STA), as amended.                                                                                             
                                                                                                                                
2:49:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER  moved to  report CSHB 3(STA),  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
3(JUD)  was   reported  out  of  the   House  Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
[REPRESENTATIVE  SNYDER returned  to  her  office to  participate                                                               
during the final portion of the meeting via Teams.]                                                                             
                                                                                                                                
           HB 57-FUNDS SUBJECT TO CBR SWEEP PROVISION                                                                       
                                                                                                                                
2:50:36 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 57, "An Act  relating to the budget  reserve fund                                                               
established under art. IX, sec.  17(d), Constitution of the State                                                               
of  Alaska; relating  to money  available  for appropriation  for                                                               
purposes of applying art. IX,  sec. 17, Constitution of the State                                                               
of Alaska; and providing for an effective date."                                                                                
                                                                                                                                
2:51:00 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:51 p.m. to 2:52 p.m.                                                                       
                                                                                                                                
2:52:15 PM                                                                                                                    
                                                                                                                                
ELISE  THORNBERG, Staff,  Representative  Andy Josephson,  Alaska                                                               
State Legislature, presented the sectional  analysis for HB 57 on                                                               
behalf  of   Representative  Josephson,   prime  sponsor.     The                                                               
sectional   analysis  read   as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section  1: Outlines  legislative intent  and findings.                                                                    
     This  section expounds  on the  principles outlined  in                                                                    
     the Alaska Supreme  Court ruling Hickel v  Cowper as to                                                                    
     how  the  constitutional  budget  reserve  (CBR)  sweep                                                                    
     provision  should be  interpreted  and also  summarizes                                                                    
     the    historic    disagreement    between    different                                                                    
     governmental   branches   and    agencies   about   the                                                                    
     interpretation of  the sweep provision. In  short, this                                                                    
     section outlines  the logic behind  and legal  need for                                                                    
     this bill.                                                                                                                 
                                                                                                                                
     Section 2: Repeals and reenacts  AS 37.10.420 (a). This                                                                    
     section  updates  the  statutory  definitions  on  "the                                                                    
     amount available  for appropriation,"  "funds available                                                                    
     for  appropriation," and  "amount appropriated  for the                                                                    
     previous  fiscal year"  to  align  with the  principles                                                                    
     outlined  in  Hickel  v Cowper.  Funds  "available  for                                                                    
     appropriation" in these definitions  are those that are                                                                    
     immediately usable  and over which the  legislature has                                                                    
     retained  appropriation  authority.  Additionally,  the                                                                    
     actual  amounts  of  appropriations of  trust  receipts                                                                    
     (such as  federal funds) and certain  monies explicitly                                                                    
     appropriated  for fund  administration are  included in                                                                    
     the  calculation  of   "available  for  appropriation".                                                                    
     Monies  not  considered "available  for  appropriation"                                                                    
     are:   illiquid    assets,   funds    already   validly                                                                    
     appropriated by  the legislature  or funds that  do not                                                                    
     require further appropriation prior to expenditure.                                                                        
                                                                                                                                
     Section  3:  Codifies  a  list  of  the  funds  already                                                                    
     determined by Legislative Finance  to not be subject to                                                                    
     the CBR sweep.                                                                                                             
                                                                                                                                
     Section  4: Creates  a  new  section, AS  37.10.420(c),                                                                    
     that  defines "general  fund" and  outlines fund  types                                                                    
     explicitly  not considered  to be  part of  the general                                                                    
     fund. The general fund, as  defined in this section, is                                                                    
     the state's main operating fund  and is composed of all                                                                    
     money  the state  receives not  legally required  to be                                                                    
     held separately.  Funds excluded from the  general fund                                                                    
     include:  funds   held  by  the  University   or  state                                                                    
     corporations,  enterprise  funds, debt  service  funds,                                                                    
     special  revenue  funds,  the  permanent  fund,  agency                                                                    
     funds and certain internal service funds.                                                                                  
                                                                                                                                
     Section 5: Provides  an effective date of  Jun 30, 2021                                                                    
     to  ensure that  this  legislation would  be in  effect                                                                    
     prior to the FY 2021 CBR sweep occurring.                                                                                  
                                                                                                                                
2:55:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY  JOSEPHSON,  Alaska  State  Legislature,  as                                                               
prime sponsor, presented  HB 57.  He said the  catalyst for HB 57                                                               
occurred  June 13,  2019, when  the legislature  adjourned before                                                               
getting a "reverse sweep" -  making the accounts vulnerable - and                                                               
before doing  a capital budget;  therefore, the  legislature knew                                                               
it  would have  to return.   He  relayed that  on June  28, 2019,                                                               
Governor  Mike  Dunleavy issued  "the  largest  vetoes in  Alaska                                                               
history"  - totaling  $440 million.    Then came  the dispute  on                                                               
whether the  legislature would  meet in Wasilla  or Juneau.   The                                                               
legislature  came  to Juneau  that  summer  to finish  its  work.                                                               
Because it  had not had the  reverse sweep by 11:59  p.m. on June                                                               
30, 2019,  all the  accounts were swept  into the  capital budget                                                               
reserve (CBR).   He  offered his  understanding that  the general                                                               
fund (GF)  was swept into  the CBR.  He  spoke of a  general fund                                                               
within the GF.   He said on July 19, 2019,  hearings were held in                                                               
Senate Finance to  discuss what was "swept" and  what should have                                                               
been swept.  He offered his  understanding that in 26 years there                                                               
has not  been "a real  effort to do the  thing the court  and the                                                               
law allows us to do."                                                                                                           
                                                                                                                                
2:58:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON explained that  in 1994, the legislature                                                               
laid out the rules  as to how the sweep would  work, "to sort out                                                               
what was meant by this  new constitutional provision."  He stated                                                               
that the court, in Hickel v.  Cowper, told the legislature it got                                                             
it "mostly" wrong,  but invited the legislature  "to take another                                                               
stab  at  it,"  with  guideposts  provided by  the  court.    The                                                               
Constitution of the  State of Alaska allows  [the legislature] to                                                               
explain what is meant by the CBR.   He said he wanted "to write a                                                               
bill  that required  us to  do  what the  [Alaska] Supreme  Court                                                               
said," but no  more than that.  He remarked  on the suffering and                                                               
anxiety  "that came  from sweeping  everything away"  and on  the                                                               
administration, which  appeared to  be saying that  everything is                                                               
sweepable.  He  indicated that the administration  wanted all the                                                               
funds to  compete, and he  said in  most cases they  do; however,                                                               
there  is  a  presumption  that  those  funds  will  be  used  as                                                               
designated.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON said  the language in the  early part of                                                               
HB 57 is  unique and helpful; it is the  uncodified language that                                                               
he  and  Ms.  Thornberg,  with   the  aid  of  Megan  Wallace  in                                                               
Legislative Legal  Services, drafted to express  to those reading                                                               
it what the Alaska  Supreme Court said.  He said  he found that a                                                               
lot, but not all,  has to be swept.  He  noted involvement by the                                                               
Division of  Legislative Finance and the  Division of Legislative                                                               
Audit.  He said  there can be a road map  to outline those things                                                               
that cannot be  swept because "to sweep them  would violate trust                                                               
principles"  or terminate  or "threaten  a revolving  loan fund."                                                               
He said all this information is in Hickel v. Cowper.                                                                          
                                                                                                                                
3:02:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  uncodified  language shows  there                                                               
are  funds for  which  no further  appropriation  is needed,  and                                                               
agencies can spend them as needed.   He gave the example of spill                                                               
prevention response,  a fund available  for something  that could                                                               
happen, such  as the Exxon  Valdez Oil Spill  of March 1989.   He                                                               
said there are revolving loan  funds that require there always be                                                               
funds  available.   He said  there are  discussions in  Hickel v.                                                             
Cowper  about  trust principles,  where  logically  no one  would                                                             
spend  the  entire funds,  and  the  only  amount that  would  be                                                               
available  for appropriation  is  a reasonable  sum  that may  be                                                               
appropriated every  year, while the rest  remains capitalized and                                                               
acts as  "the mini corpus for  that account."  The  court said it                                                               
did not  want to disrupt  the basic fiscal principles  or funding                                                               
sources  that are  used traditionally.   He  stated, "Remarkably,                                                               
Hickel v. Cowper,  while it certainly says something  is going to                                                             
go in  the CBR, it's  not all  of it."   Representative Josephson                                                               
concluded  by invited  the  committee "to  read  and re-read  the                                                               
uncodified language."                                                                                                           
                                                                                                                                
3:04:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN announced that HB 57 was held over.                                                                       
                                                                                                                                
3:05:49 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:06 p.m.                                                                 

Document Name Date/Time Subjects
Alaska Police Standards Council Appointment - Gregory Campbell Application 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
Alaska Police Standards Council Appointment - Justin Doll Resume 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
Alaska Police Standards Council Appointment - Ed Mercer Application 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
Alaska Police Standards Council Appointment - Jennifer Winkelman Resume 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
Select Committee on Legislative Ethics Appointment - Dennis Skip Cook Resume 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
Select Committee on Legislative Ethics Appointment - Gerald Jerry McBeath Resume 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
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 3 v. G Amendments #1-6 HJUD 3.17.2021.pdf HJUD 3/17/2021 1:30:00 PM
HB 3
HB 3 v. G Amendments #1-6 HJUD Final Votes 3.17.2021.pdf 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 Statement of Zero Fiscal Impact 3.6.2021.pdf 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