Legislature(2021 - 2022)GRUENBERG 120
03/15/2021 01:30 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Attorney General - Department of Law | |
| HB3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
March 15, 2021
1:47 p.m.
DRAFT
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Attorney General - Department of Law
Tregg Taylor - Anchorage
- HEARD & HELD
HOUSE BILL NO. 3
"An Act relating to the definition of 'disaster.'"
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 3
SHORT TITLE: DEFINITION OF "DISASTER": CYBERSECURITY
SPONSOR(s): REPRESENTATIVE(s) JOHNSON
02/18/21 (H) PREFILE RELEASED 1/8/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
02/23/21 (H) STA AT 3:00 PM GRUENBERG 120
02/23/21 (H) Heard & Held
02/23/21 (H) MINUTE(STA)
03/02/21 (H) STA AT 3:00 PM GRUENBERG 120
03/02/21 (H) Moved CSHB 3(STA) Out of Committee
03/02/21 (H) MINUTE(STA)
03/08/21 (H) STA RPT CS(STA) 1DP 1NR 5AM
03/08/21 (H) DP: KREISS-TOMKINS
03/08/21 (H) NR: TARR
03/08/21 (H) AM: CLAMAN, STORY, EASTMAN, VANCE,
KAUFMAN
03/10/21 (H) JUD AT 1:30 PM GRUENBERG 120
03/10/21 (H) Heard & Held
03/10/21 (H) MINUTE(JUD)
03/15/21 (H) JUD AT 1:30 PM GRUENBERG 120
WITNESS REGISTER
TREGG TAYLOR, Appointee
Attorney General
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee for attorney
general, Department of Law.
ERICK CODERO-GIORGANA, Staff
Representative Mike Prax
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSHB 3(STA).
ACTION NARRATIVE
1:47:18 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:47 p.m. Representatives Eastman,
Drummond, Kreiss-Tomkins, Snyder, and Claman were present at the
call to order. Representatives Vance and Kurka arrived as the
meeting was in progress.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
^Attorney General - Department of Law
Attorney General - Department of Law
1:47:52 PM
CHAIR CLAMAN announced that the first order of business would be
the confirmation hearing for the governor's appointee to
attorney general, Department of Law.
1:48:09 PM
CHAIR CLAMAN open public testimony on the confirmation hearing.
1:48:24 PM
TREGG TAYLOR, Appointee, Attorney General, Department of Law,
gave his biographical, educational, and employment background
[resume included in the committee packet] and emphasized his
attraction to public service. He said he has worked in the
attorney general's office for over two years now. He gave
examples of his involvement in support of minority groups and
bringing together groups with varied beliefs to communicate and
listen.
1:58:27 PM
MR. TAYLOR said at the end of January 2021 Governor Mike
Dunleavy asked him to serve as attorney general, and he said his
first thought was of Alaska being the highest ranking state in
occurrence of sex crimes. He showed a related slide and
expressed his determination and commitment to address this
difficult issue. He vowed to make Alaska a better place for
every Alaskan.
2:00:26 PM
REPRESENTATIVE SNYDER mentioned Ed Sniffen's resignation and
asked Mr. Taylor if he remembered a previous conversation during
which he had expressed disappointment that "there were so many
opportunities for adults who knew better that could stop it, but
they didn't."
MR. TAYLOR confirmed he remembered that part of the
conversation.
REPRESENTATIVE SNYDER then noted that former attorney general
Kevin Clarkson's misconduct had occurred "months before it was
brought to the public." She clarified she was referring to a
series of inappropriate text messages, and she asked Mr. Taylor,
"Were you aware of his behavior?"
MR. TAYLOR answered no. In response to a follow-up question, he
said he became aware after Mr. Clarkson had already been placed
on administrative leave.
2:02:12 PM
REPRESENTATIVE VANCE asked Mr. Taylor what he had learned in
regard to "the accusations that have come from the previous
attorney general" and how he would "change that for the future."
MR. TAYLOR, regarding sexual assault and domestic violence, said
he has "three close family members that have experienced that."
The common thread is that the perpetrators have not been brought
to justice. He said this is a multi-faceted issue. He said
within the Department of Law training is being given in sex
assault prosecution, and he said he hopes that training can be
extended to law enforcement. He said two prosecutors provided
by the federal government are being utilized in rural areas. He
spoke about traumatic experiences of Alaska Natives, and he
expressed hope that in reaching out, the Department of Law will
have a better idea of what it can do. In response to a question
about transparency, he said he strives to follow his values but
sometimes falls short, so he said he promises to keep learning.
Further, he promised to hold employees of the department
responsible "for any of the actions that they take that is
contrary to that." He said it is not always possible to open
personnel files to the public, but he promised to "take those
issues very seriously," mentioning investigations and the
outcomes of them.
2:07:36 PM
REPRESENTATIVE KREISS-TOMKINS said he has been troubled with how
the Office of the Governor failed to handle the issues with
attorney general Clarkson. He inquired whether Mr. Taylor's
assessment of response to attorney general Clarkson, which was
known internally, is consistent with the zero tolerance policy
Mr. Taylor outlined in his opening statement.
MR. TAYLOR replied the little he knows of the situation is that
Human Resources looked at the evidence and decided "to put him
on unpaid administrative leave until they figured out what else
to do." He continued:
And so, ultimately, I think the right thing happened
there, and I know Kevin very well, and he's a good
friend of mine, and I know him to be an honorable man,
and he himself would be the first to tell you that he
is extremely embarrassed by what had occurred and what
happened, and that it was inappropriate in the work
place.
2:09:06 PM
REPRESENTATIVE KREISS-TOMKINS said he would not characterize
attorney general Clarkson's behavior as honorable or respectful
to his subordinate, nor would it seem the response by the Office
of the Governor to complaints presented was decisive. He said
he is looking for an evaluation from Mr. Taylor as to whether he
thinks how that all unfolded was appropriate or there is room
for improvement.
MR. TAYLOR responded that he a firm believer in holding people
accountable. He added that he also believes that "good people
do bad things." He said that does not mean they should not be
held accountable, and "as a society we need to do that."
MR. TAYLOR, in response to a new question from Representative
Kreiss-Tomkins about how he plans to address sex crimes compared
to how his predecessors may have done, said he has been
researching means by which to support victims and families,
whether through state or local governments or nonprofit
entities. He amended his use of the word "victim" to reflect
that those he knows who have suffered [sexual abuse or domestic
violence] prefer to be known as survivors. He posited that one
of the problems is that survivors do not feel they can come
forward, or they worry they will be mocked or disbelieved. He
stated that he wants to assuage those worries and assure
survivors that they will be heard and supported. In response to
a follow-up question, he said he does not have concrete plans
yet, since he is still in the phase of gathering information and
talking with survivors. He said he would like to hold a summit
where this issue can be discussed. He said he would welcome any
suggestions from the committee.
2:13:53 PM
CHAIR CLAMAN noted that the most recent statistics provided by
Mr. Skidmore show that approximately 50 percent of sex crimes
are being declined for prosecution; that is about half of 620 in
a year that were studied. In terms of survivors being unwilling
to come forward, he expressed his understanding that it is worse
in rural villages. He advised that the unlikeliness of a case
being prosecuted "builds the culture of not coming forward." He
asked Mr. Taylor if he has any suggestions on how to improve
that statistic.
MR. TAYLOR responded those are sobering statistics. Further he
stated that only 70 percent of the cases that are tried result
in convictions. He restated the importance of training
prosecutors and law enforcement. He said these are difficult
cases to prosecute because [sex] acts typically are consensual
and occur in private. He mentioned rape kits left unprocessed.
He said that the "nuance between what's consensual and what's
not consensual" is what makes the cases hard to prosecute. In
addition to training, he said the department is making "a large
step" in requesting 10 additional prosecutors and 9 additional
sport staff, which he said he thinks "will go a long way in
reducing the caseload of those primarily engaged in prosecution
of sex crimes." He said currently there are 67 cases; a more
normal caseload would be about 40. He said moving cases forward
faster would benefit the [survivors], as well.
2:18:03 PM
REPRESENTATIVE EASTMAN recalled hearing from the department that
the conviction rate is 70-80 percent. He then recalled a
conversation with a former Municipality of Anchorage prosecutor.
He offered his understanding that the prosecutor had said that a
prosecutor with a conviction rate higher than 70 percent is not
doing his/her job, because that means the prosecutor is not
taking the hard cases he/she needs to be taking. He asked for
Mr. Taylor's opinion.
2:18:43 PM
MR. TAYLOR replied that that is an interesting perspective he
had not heard. He said it is possible that when gathering the
information regarding rates of prosecution, the department may
lower the threshold for which it is willing to start a
prosecution. He added that he is not certain that would be the
outcome, but said that is certainly an issue that would be
considered.
2:19:26 PM
REPRESENTATIVE KREISS-TOMKINS asked for Mr. Taylor's thoughts on
how to reduce recidivism.
2:19:47 PM
MR. TAYLOR responded that he does not know the answer at this
time.
2:20:15 PM
REPRESENTATIVE SNYDER brought up the topic of Ben Stevens,
Governor Dunleavy's former chief of staff, who has been hired at
ConocoPhillips Alaska, Inc. as vice president of external
affairs and transportation. She cited AS 39.52.180, which
spells out restrictions on employment after leaving state
service. She specified [subsection] (c), which read:
(c) The head of an agency may waive application
of (a) of this section after determining that
representation by a former public officer is not
adverse to the public interest. The waiver must be in
writing and a copy of the waiver must be provided to
the attorney general for approval or disapproval.
REPRESENTATIVE SNYDER, regarding the waiver, offered her
understanding that "that's not happened or been signed off on."
She asked Mr. Taylor to speak to the issue.
2:21:19 PM
MR. TAYLOR answered that the department determined that there
was no need for a conflict waiver, because there was no
conflict. He indicated that the department's statement on the
issue ended by outlining that in the event that [a conflict]
does arise, it would be addressed at that time. He continued:
Over the course of the next couple years ... you'll
probably see a series of these conflict waivers either
being addressed ... or put into effect to allow Ben
Stevens to work in his job duties if it is a benefit
to the state. ... My guess is we're going to see some
in the near future.
MR. TAYLOR responded to follow-up questions from Representative
Snyder. He said he could not address the waivers for Bruce
Tangeman, Ed Fogle, or Daniel Smith because he had not
participated in them. Notwithstanding that, he said any time an
individual works substantially on any given issue while in
service to the state and then "does that in the private sector"
within a two-year period of leaving the state job, that
individual will need a waiver. He added, "If there is even a
question on whether a waiver is needed, my advice to the
governor will be ... to ... [issue] the waiver." He said the
duty lies with the individual who leaves state work to take on
that work within the private sector to notify the department.
Failing to do so, the individual is subject to the Ethics Act
and is liable for his/her actions.
2:26:18 PM
CHAIR CLAMAN commented that presumably Mr. Stevens is working in
his office with ConocoPhillips Alaska, Inc. He asked whether it
is Mr. Taylor's perspective that if Mr. Stevens were to lobby
legislators on behalf of the perspective of ConocoPhillips
Alaska, Inc. on legislation related to oil taxes, then he would
need to acquire a waiver before doing so.
MR. TAYLOR emphasized that it would depend on the materiality of
Mr. Stevens' involvement when he worked in the Office of the
Governor.
2:27:49 PM
MR. TAYLOR, in response to Representative Snyder, said the state
wants to attract the best people, and that is possible only if
those people "have the ability to work" [in the private sector]
afterwards. He said the [Ethics] Act is clear that only under
certain circumstances would the need arise for a conflict
waiver, and it is the discretion of the governor and attorney
general whether to grant the waiver. He opined that issuing a
broad waiver does not protect the state "in certain aspects that
might be confidential."
2:29:56 PM
CHAIR CLAMAN questioned the onus of asking for a waiver being
placed with the former state employees rather than with the
state, which he suggested should decide whether the person was
involved in discussions that should preclude his/her involvement
in a matter.
MR. TAYLOR confirmed there are certain circumstances wherein the
state has knowledge of a person's material involvement and would
step in with a letter to cease and desist until obtaining a
conflict waiver. He clarified that the Ethics Act does not put
the liability on the state; it puts it on the individual. In
response to follow-up questions, he confirmed his perspective is
to take these things on a case-by-case basis rather than issuing
a blanket waiver, and he reiterated his statement about the
former state employee determining the need to request a waiver
based on the extent of material involvement in an issue that
would require one.
CHAIR CLAMAN offered his perspective that in the last two-plus
years Governor Dunleavy had opposed all proposed oil tax
legislation; therefore, there may have been no analysis
whatsoever that Mr. Stevens had had knowledge of that topic and
nothing problematic "depending on what or what was not
discussed."
2:33:12 PM
REPRESENTATIVE EASTMAN asked for an example of when a waiver
might be denied.
MR. TAYLOR answered that the individual may be privy to the
viability of a state project and the money spent by the state to
determine that viability.
2:34:48 PM
CHAIR CLAMAN brought up the topic of power cost equalization
(PCE) and whether PCE funds are "sweepable" into the general
fund (GF). He stated his understanding that a former attorney
general, Craig Richards, had taken the position that PCE funds
were not subject to sweep. He asked Mr. Taylor for his opinion.
MR. TAYLOR responded that he had not studied the issue to form
an opinion but knew enough about it to say there are good
arguments on both sides. He said the subject would be
considered by the department. In response to a follow-up
question, he said he is not sure the court has addressed the
issue directly, although the court has made decisions regarding
the Alaska permanent fund and earnings reserve fund, which could
give some indication as to how the court might rule regarding
the PCE. In further response, he allowed it is a distinct
possibility that under his leadership the department may take a
different position on "sweepability" than past attorneys general
have taken. There may be recent court action made that is
different from past court action.
2:36:52 PM
CHAIR CLAMAN listed examples of "a long series of cases" the
department has lost, which he advised means either the governor
is getting bad advice or is getting advice that the cases are
unlikely to succeed and going forward with them anyway. Both
scenarios he characterized as poor decisions on the part of the
governor. Chair Claman said this troubles him, and he asked Mr.
Taylor how he expects to change that, since he opined the single
most important job of the attorney general is "to convince this
governor to stop taking poor cases."
MR. TAYLOR responded that he would look closely at probable
outcomes. That said, he expressed his disagreement with some of
Chair Claman's words. He said the governor does not make the
decision; the attorney general has the discretion to determine
what is in the public's best interest. He said he takes that
responsibility seriously and will "be hands-on on those
decisions." He spoke of the department's many clients, the law,
and probable outcomes as considerations. He expressed hope that
under his leadership there will not be a string of losing cases.
2:40:29 PM
REPRESENTATIVE KREISS-TOMKINS remarked that it's a mind-boggling
list of lawsuits. He said he thinks the interbranch conflict
over the last few years is unprecedented, and he said he thinks
this trend has receded in the last six months. He said he
appreciated Mr. Taylor's comments.
2:42:19 PM
MR. TAYLOR clarified that he in no way meant to denigrate the
good work being done by the attorneys in the department. He
said the list is long, and there was a good legal argument to
support the stances in those cases. A completely different
matter, he said, is whether he would have advised that
litigation. He said the recent litigation between the executive
and legislative branch has been unfortunate. He said he would
take every opportunity "to reach across with Legislative Legal
[Services] on these issues" to try to come to an agreement at
least on the major issues. He promised to think and talk before
filing, and hopefully "resolve some of these issues outside of a
courtroom."
2:44:00 PM
CHAIR CLAMAN noted the number of questions still to be asked and
asked Mr. Taylor if he would be available to return before the
committee another day.
2:44:30 PM
The committee took an at-ease from 2:44 p.m. to 2:46 p.m.
2:46:00 PM
CHAIR CLAMAN confirmed his choice to continue the confirmation
hearing at a future date.
2:47:07 PM
CHAIR CLAMAN closed public testimony on the confirmation hearing
for Tregg Taylor, Appointee, Attorney General, Department of
Law.
HB 3-DEFINITION OF "DISASTER": CYBERSECURITY
2:47:33 PM
CHAIR CLAMAN announced that the final order of business would be
CS FOR HOUSE BILL NO. 3(STA), "An Act relating to the definition
of 'disaster.'" [Before the committee was CSHB 3(STA).]
2:47:52 PM
CHAIR CLAMAN opened public testimony on CSHB 3(STA). After
ascertaining there was no one who wished to testify, he closed
public testimony.
CHAIR CLAMAN invited committee questions.
REPRESENTATIVE EASTMAN noted that a switch had been made from
natural disasters to manmade disasters. He asked, "Is the
intent of the sponsor to draw distinction between accidents
versus the kinds of attacks and intentionality that we were
talking about?"
2:49:26 PM
ERICK CODERO-GIORGANA, Staff, Representative Mike Prax, Alaska
State Legislature, answered that the intent is "to cover all of
that."
2:50:10 PM
REPRESENTATIVE KREISS-TOMKINS asked Mr. Codero-Girogana to
confirm he is staff for Representative Mike Prax.
MR. CODERO-GIORGANA answered yes. He added, "I'm allowed to
help today - Representative Johnson - for the bill, because I
was helping her carry that bill."
2:50:33 PM
CHAIR CLAMAN explained a recent switch of staff between the
offices of Representatives Johnson and Prax to explain Mr.
Codero-Giorgana's involvement.
2:52:03 PM
MR. CODERO-GIORGANA, in response to a follow-up question from
Representative Eastman as to whether the bill would cover both
cyber attacks and cyber security attacks, answered, "The
sponsor's intention is to cover all of it."
2:53:10 PM
REPRESENTATIVE DRUMMOND indicated she had, at a previous hearing
on CSHB 3(STA), asked about political subdivisions. She then
noted that Mr. Wyatt, the information technology (IT) director
of the Matanuska-Susitna (Mat-Su) Borough, had testified about a
cyberattack in 2019. She asked whether the state would be
assisting boroughs in protecting themselves and whether the
definition of "disaster" in CSHB 3(STA) should be amended.
MR. CODERO-GIORGANA answered that it will depend on the
circumstances of each disaster. He explained that each district
can seek assistance and would do so depending on whether the
disaster was or was not contained. He stated that when that
cyberattack occurred, the Mat-Su Borough tried to get additional
assistance from the state by having the state declare the
situation a disaster. He said because this was not clarified in
statute, it did not happen. The district still received
assistance, but "it wasn't as easy to get as if this had been in
statute." He then referred to questions Representative Drummond
had asked previously and noted one had not been answered at that
time, which was that the Alaska Railroad is an instrumentality
of the state "and therefore would be covered under the statute."
REPRESENTATIVE DRUMMOND indicated she had just received from her
staff a list of political subdivisions of the state, which she
said addressed her questions.
2:56:01 PM
REPRESENTATIVE EASTMAN, considering the broadness of the
language in CSHB 3(STA), asked whether there was a good reason
not to allow the governor to declare a disaster if there is a
potential for federal aid, for example. He indicated that
currently statute limits the governor's ability to declare a
disaster.
MR. CODERO-GIORGANA responded that under CSHB 3(STA), certain
criteria must be met to declare a disaster, and whether or not
the governor should or should not have the authority to call
more disasters or fewer disasters is a policy call not being
address under the proposed legislation.
2:57:28 PM
CHAIR CLAMAN announced that CSHB 3(STA) was held over.
2:58:06 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Attorney General Appointment - Treg Taylor Resume 3.15.2021.pdf |
HJUD 3/15/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM |
Attorney General Appointment - Treg Taylor |
| HB 3 v. G 3.8.2021.PDF |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM |
HB 3 |
| HB 3 Sponsor Statement 2.18.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Legal Memo 2.10.2020.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - Alaska Health Department Reports Data Breach The Seattle Times 6.28.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - DHSS Cyber Attack Impacts More Than 100,000 Alaska Households 1.23.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - How One Alaskan Borough Survived A Cyber Attack CitiesSpeak 10.1.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - MSBD Press Release Mat-Su Declares Disaster for Cyber Attack 7.31.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - Pipeline Article Alaska Public Media 3.14.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - CISA Critical Infrastructure 2.23.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 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 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 |
HB 3 |