05/06/2021 03:30 PM Senate STATE AFFAIRS
| Audio | Topic | 
|---|---|
| Start | |
| SB108 | |
| SB109 | |
| SB82 | |
| SB1 | |
| SB4 | |
| SB115 | |
| SB83 | |
| HB3 | |
| SJR12 | |
| SB91 | |
| SB117 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | SB 83 | TELECONFERENCED | |
| + | SB 82 | TELECONFERENCED | |
| *+ | SB 115 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| *+ | SB 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 108 | TELECONFERENCED | |
| += | SB 109 | TELECONFERENCED | |
| += | SJR 12 | TELECONFERENCED | |
| += | SB 91 | TELECONFERENCED | |
| += | SB 117 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 6, 2021                                                                                           
                           3:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Shower, Chair                                                                                                      
Senator Lora Reinbold, Vice Chair (via Teams)                                                                                   
Senator Mia Costello (via Teams)                                                                                                
Senator Roger Holland (via Teams)                                                                                               
Senator Scott Kawasaki (via Teams)                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 108                                                                                                             
"An Act providing for state recognition of federally recognized                                                                 
tribes; and providing for an effective date."                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 109                                                                                                             
"An Act renaming the Alaska Native Language Preservation and                                                                    
Advisory Council as the Council for Alaska Native Languages; and                                                                
relating to the Council for Alaska Native Languages."                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 82                                                                                                              
"An Act relating to elections and election investigations."                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 1                                                                                                               
"An Act prohibiting the use of chokeholds by peace officers; and                                                                
relating to justification of use of force by peace officers."                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 4                                                                                                               
"An Act  relating to  justification of  use of  force by  a peace                                                               
officer; and relating to shooting at a moving vehicle."                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 115                                                                                                             
"An Act  relating to confidentiality of  information; relating to                                                               
the  duties  of the  Department  of  Administration; creating  an                                                               
address confidentiality  program; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 83                                                                                                              
"An Act  relating to  elections; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(JUD)                                                                                  
"An Act relating to the definition of 'disaster.'"                                                                              
                                                                                                                                
     - MOVED CSHB 3(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE JOINT RESOLUTION NO. 12                                                                                                  
Urging  the  United  States  Congress   to  repeal  the  Windfall                                                               
Elimination  Provision  and  Government  Pension  Offset  of  the                                                               
Social Security Act.                                                                                                            
                                                                                                                                
     - MOVED SJR 12 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 91                                                                                                              
"An  Act   relating  to  the   duties  of  the   commissioner  of                                                               
corrections;  relating to  the detention  of minors;  relating to                                                               
minors  subject to  adult courts;  relating to  the placement  of                                                               
minors  in adult  correctional facilities;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 91(STA) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 117                                                                                                             
"An Act relating to the  state procurement code; establishing the                                                               
construction manager  general contractor procurement  method; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED SB 117 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 108                                                                                                                  
SHORT TITLE: STATE RECOGNITION OF TRIBES                                                                                        
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
03/19/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/21       (S)       STA, CRA                                                                                               
04/29/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/29/21       (S)       -- MEETING CANCELED --                                                                                 
05/04/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
05/04/21       (S)       Scheduled but Not Heard                                                                                
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 109                                                                                                                  
SHORT TITLE: COUNCIL FOR ALASKA NATIVE LANGUAGES                                                                                
SPONSOR(s): SENATOR(s) OLSON                                                                                                    
                                                                                                                                
03/19/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/21       (S)       STA, FIN                                                                                               
04/29/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/29/21       (S)       -- MEETING CANCELED --                                                                                 
05/04/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
05/04/21       (S)       Scheduled but Not Heard                                                                                
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  82                                                                                                                  
SHORT TITLE: ELECTIONS; ELECTION INVESTIGATIONS                                                                                 
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/12/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/21       (S)       JUD, STA, FIN                                                                                          
03/01/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
03/01/21       (S)       Heard & Held                                                                                           
03/01/21       (S)       MINUTE(JUD)                                                                                            
04/12/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
04/12/21       (S)       Heard & Held                                                                                           
04/12/21       (S)       MINUTE(JUD)                                                                                            
04/21/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
04/21/21       (S)       <Bill Hearing Canceled>                                                                                
04/23/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
04/23/21       (S)       Heard & Held                                                                                           
04/23/21       (S)       MINUTE(JUD)                                                                                            
04/26/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
04/26/21       (S)       Moved CSSB 82(JUD) Out of Committee                                                                    
04/26/21       (S)       MINUTE(JUD)                                                                                            
04/28/21       (S)       JUD RPT CS  2DP 2NR 1AM SAME TITLE                                                                     
04/28/21       (S)       DP: HOLLAND, MYERS                                                                                     
04/28/21       (S)       NR: HUGHES, SHOWER                                                                                     
04/28/21       (S)       AM: KIEHL                                                                                              
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB   1                                                                                                                  
SHORT TITLE: CHOKEHOLD BAN                                                                                                      
SPONSOR(s): GRAY-JACKSON                                                                                                        
                                                                                                                                
01/22/21       (S)       PREFILE RELEASED 1/8/21                                                                                
01/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/21       (S)       STA, JUD                                                                                               
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB   4                                                                                                                  
SHORT TITLE: PROHIBIT PEACE OFF. SHOOT MOVING VEHICLE                                                                           
SPONSOR(s): GRAY-JACKSON                                                                                                        
                                                                                                                                
01/22/21       (S)       PREFILE RELEASED 1/8/21                                                                                
01/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/22/21       (S)       STA, JUD                                                                                               
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 115                                                                                                                  
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM                                                                                    
SPONSOR(s): KIEHL                                                                                                               
                                                                                                                                
03/31/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/21       (S)       STA, JUD, FIN                                                                                          
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  83                                                                                                                  
SHORT TITLE: ELECTIONS; VOTING; BALLOT REQS                                                                                     
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/12/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/21       (S)       STA, FIN                                                                                               
03/02/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/02/21       (S)       Heard & Held                                                                                           
03/02/21       (S)       MINUTE(STA)                                                                                            
03/11/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/11/21       (S)       Heard & Held                                                                                           
03/11/21       (S)       MINUTE(STA)                                                                                            
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB   3                                                                                                                  
SHORT TITLE: DEFINITION OF "DISASTER": CYBERSECURITY                                                                            
SPONSOR(s): JOHNSON                                                                                                             
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       STA, JUD                                                                                               
02/23/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/21       (H)       Heard & Held                                                                                           
02/23/21       (H)       MINUTE(STA)                                                                                            
03/02/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/02/21       (H)       Moved CSHB 3(STA) Out of Committee                                                                     
03/02/21       (H)       MINUTE(STA)                                                                                            
03/08/21       (H)       STA RPT CS(STA) 1DP 1NR 5AM                                                                            
03/08/21       (H)       DP: KREISS-TOMKINS                                                                                     
03/08/21       (H)       NR: TARR                                                                                               
03/08/21       (H)       AM: CLAMAN, STORY, EASTMAN, VANCE,                                                                     
                         KAUFMAN                                                                                                
03/10/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/10/21       (H)       Heard & Held                                                                                           
03/10/21       (H)       MINUTE(JUD)                                                                                            
03/15/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/15/21       (H)       Heard & Held                                                                                           
03/15/21       (H)       MINUTE(JUD)                                                                                            
03/17/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/17/21       (H)       Moved CSHB 3(JUD) Out of Committee                                                                     
03/17/21       (H)       MINUTE(JUD)                                                                                            
03/19/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/19/21       (H)       <Bill Hearing Canceled>                                                                                
03/20/21       (H)       JUD RPT CS(JUD) 5DP 2AM                                                                                
03/20/21       (H)       DP: VANCE, DRUMMOND, KREISS-TOMKINS,                                                                   
                         SNYDER, CLAMAN                                                                                         
03/20/21       (H)       AM: EASTMAN, KURKA                                                                                     
04/19/21       (H)       TRANSMITTED TO (S)                                                                                     
04/19/21       (H)       VERSION: CSHB 3(JUD)                                                                                   
04/21/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/21/21       (S)       STA, JUD                                                                                               
04/26/21       (S)       MOTION TO WAIVE PUBLICATION NOTICE,                                                                    
                         RULE 23 FAILED Y12 N7 E1                                                                               
05/04/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
05/04/21       (S)       Heard & Held                                                                                           
05/04/21       (S)       MINUTE(STA)                                                                                            
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SJR 12                                                                                                                  
SHORT TITLE: SOCIAL SECURITY BENEFIT REDUCTION REPEAL                                                                           
SPONSOR(s): WIELECHOWSKI                                                                                                        
                                                                                                                                
03/29/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/21       (S)       STA, FIN                                                                                               
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/27/21       (S)       <Bill Hearing Canceled>                                                                                
05/04/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
05/04/21       (S)       Heard & Held                                                                                           
05/04/21       (S)       MINUTE(STA)                                                                                            
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  91                                                                                                                  
SHORT TITLE: DETENTION OF MINORS                                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/22/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/21       (S)       HSS, STA                                                                                               
03/09/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/09/21       (S)       Heard & Held                                                                                           
03/09/21       (S)       MINUTE(HSS)                                                                                            
04/06/21       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
04/06/21       (S)       Moved CSSB 91(HSS) Out of Committee                                                                    
04/06/21       (S)       MINUTE(HSS)                                                                                            
04/07/21       (S)       HSS RPT CS  2DP 1NR SAME TITLE                                                                         
04/07/21       (S)       DP: WILSON, BEGICH                                                                                     
04/07/21       (S)       NR: REINBOLD                                                                                           
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/27/21       (S)       Heard & Held                                                                                           
04/27/21       (S)       MINUTE(STA)                                                                                            
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 117                                                                                                                  
SHORT TITLE: PROCUREMENT; CONSTRUCTION; CONTRACTS                                                                               
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
03/31/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/21       (S)       STA, TRA                                                                                               
04/27/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
04/27/21       (S)       Heard & Held                                                                                           
04/27/21       (S)       MINUTE(STA)                                                                                            
05/06/21       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DONNY OLSON                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 108.                                                                                        
                                                                                                                                
KEN TRUITT, Staff                                                                                                               
Senator Donny Olson                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 108.                                                              
                                                                                                                                
NATASHA SINGH, General Counsel                                                                                                  
Tanana Chiefs Conference                                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Co-presented a PowerPoint on SB 108.                                                                      
                                                                                                                                
JOY ANDERSON, General Counsel                                                                                                   
Association of Village Council Presidents                                                                                       
Bethel, Alaska                                                                                                                  
POSITION STATEMENT: Co-presented a PowerPoint on SB 108.                                                                      
                                                                                                                                
SENATOR DONNY OLSON                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 109.                                                                                        
                                                                                                                                
CORI MILLS, Deputy Attorney General                                                                                             
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented a PowerPoint to introduce SB 82.                                                                
                                                                                                                                
THOMAS FLYNN, Assistant Attorney General                                                                                        
Civil Division                                                                                                                  
Labor and State Affairs Section                                                                                                 
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Participated in the introduction of SB 82                                                                 
                                                                                                                                
MORGAN LIM                                                                                                                      
Planned Parenthood Alliance Advocate                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in opposition to both SB 82 and SB
83.                                                                                                                             
                                                                                                                                
SENATOR GRAY-JACKSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 1.                                                                                          
                                                                                                                                
BESSE ODOM, Staff                                                                                                               
Senator Gray-Jackson                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 1 on                                                              
behalf of the sponsor.                                                                                                          
                                                                                                                                
PETER MLYNARIK, Board Member                                                                                                    
Alaska Association of Chiefs of Police                                                                                          
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in opposition to SB 1.                                                                          
                                                                                                                                
MARK PEARSON, President                                                                                                         
Alaska Peace Officers Association                                                                                               
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in opposition to SB 1 on behalf of                                                              
APOA.                                                                                                                           
                                                                                                                                
KATIE BOTZ, representing self                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 1.                                                                             
                                                                                                                                
MORGAN LIM                                                                                                                      
Planned Parenthood Alliance Advocate                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 1 and SB 4.                                                                    
                                                                                                                                
CEYLON MICHELL, representing self                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 1.                                                                          
                                                                                                                                
DANIEL POTTER, representing self                                                                                                
Mat-Su Valley, Alaska                                                                                                           
POSITION STATEMENT: Testified in opposition to SB 1.                                                                          
                                                                                                                                
RON VIGIL, Anchorage Chapter President                                                                                          
Alaska Peace officers Association                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 1.                                                                          
                                                                                                                                
SENATOR GRAY-JACKSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 4.                                                                                          
                                                                                                                                
KEITH BAUGUESS, Staff                                                                                                           
Senator Gray-Jackson                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 4.                                                                
                                                                                                                                
PETER MLYNARIK, Board Member                                                                                                    
Alaska Association of Chiefs of Police                                                                                          
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Raised concerns about SB 4.                                                                               
                                                                                                                                
MARK PEARSON, President                                                                                                         
Alaska Peace Officers Association                                                                                               
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in opposition to SB 4.                                                                          
                                                                                                                                
RON VIGIL, Anchorage Chapter President                                                                                          
Alaska Peace officers Association                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Expressed concern with SB 4.                                                                              
                                                                                                                                
SENATOR JESSE KIEHL                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 115.                                                                                        
                                                                                                                                
EDRIC CARRILLO, Staff                                                                                                           
Senator Jesse Kiehl                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the sectional analysis for SB 115                                                               
on behalf of the sponsor.                                                                                                       
                                                                                                                                
MATTHEW DUBOIS, representing self                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 115.                                                                           
                                                                                                                                
REPRESENTATIVE DELENA JOHNSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 3.                                                                                          
                                                                                                                                
ERIC CORDERO, Staff                                                                                                             
Representative DeLana Johnson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions about HB 3.                                                                            
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  During  the   hearing  on  HB  3,  provided                                                             
information  about   the  recent  attack  on   the  Court  System                                                               
database.                                                                                                                       
                                                                                                                                
SENATOR BILL WIELECHOWSKI                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SJR 12.                                                                                        
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Commented on the amendment to SB 91.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:08 PM                                                                                                                    
CHAIR  MIKE  SHOWER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting  to order at 3:33  p.m. Present at the  call to                                                               
order were  Senators Kawasaki (via Teams),  Costello (via Teams),                                                               
Reinbold (via Teams), and Chair Shower.                                                                                         
                                                                                                                                
CHAIR  SHOWER reviewed  the remote  meeting protocols,  including                                                               
the roll call to show the  presence and location of the committee                                                               
member.                                                                                                                         
                                                                                                                                
Roll call: SENATOR REINBOLD, Capitol  room 427, SENATOR COSTELLO,                                                               
Capitol room  119, SENATOR  KAWASAKI, Capitol  room 7,  and CHAIR                                                               
SHOWER in the Butrovich room, Capitol 205.                                                                                      
                                                                                                                                
               SB 108-STATE RECOGNITION OF TRIBES                                                                           
                                                                                                                                
3:36:14 PM                                                                                                                    
CHAIR SHOWER announced  the consideration of SENATE  BILL NO. 108                                                               
"An Act  providing for state recognition  of federally recognized                                                               
tribes; and providing for an effective date."                                                                                   
                                                                                                                                
3:36:37 PM                                                                                                                    
SENATOR DONNY  OLSON, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor  of SB  108,  stated that  this  legislation proposes  to                                                               
formally  recognize  the  tribes  in Alaska,  which  are  already                                                               
recognized by the federal government  and listed in the Federally                                                               
Recognized  Tribal List  Act  of 1994.  He  highlighted that  the                                                               
Alaska  Supreme  Court  and the  executive  branch  already  have                                                               
recognized tribes in Alaska. In the  1999 Baker v. John case, the                                                               
Alaska Supreme Court  made this the law of the  state and in 2017                                                               
the  Alaska  attorney  general issued  a  memo  outlining  tribal                                                               
recognition.                                                                                                                    
                                                                                                                                
SENATOR OLSON  stated that the intent  of SB 108 is  to reconcile                                                               
the government  of Alaska  with its  First Peoples  and declaring                                                               
this formal state  policy is the first step into  the future with                                                               
tribes as partners rather than adversaries.                                                                                     
                                                                                                                                
SENATOR  OLSON stated  that SB  108 does  not expand  the current                                                               
rights  of established  tribes,  it does  not  obligate any  more                                                               
state resources to  tribes, and it does not  diminish the state's                                                               
ability to manage  its public resources. SB  108 simply dignifies                                                               
the  tribal citizens  of  Alaska by  recognizing  them as  tribal                                                               
people.                                                                                                                         
                                                                                                                                
3:39:04 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:40:10 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting.                                                                                            
                                                                                                                                
3:40:31 PM                                                                                                                    
KEN   TRUITT,   Staff,   Senator  Donny   Olson,   Alaska   State                                                               
Legislature, Juneau, Alaska,  advised that while SB  108 has just                                                               
three  operative  sentences,  it   has  some  large  concepts  to                                                               
consider.  He  reviewed  the  supporting  materials  in  members'                                                               
packets starting  with President Nixon's 1970  special address on                                                               
Indian  affairs, which  he said  is still  the most  succinct and                                                               
insightful  statement  of  the federal  Indian  policy  of  self-                                                               
determination.  The   Baker  v.   John  case  that   the  sponsor                                                               
referenced, was a  landmark moment when the  Alaska Supreme Court                                                               
determined the existence and  recognition of federally recognized                                                               
tribes in the state. He  noted that former Attorney General Jahna                                                               
Lindemuth's  exposition  of tribes  in  Alaska  was also  in  the                                                               
packets.                                                                                                                        
                                                                                                                                
                                                                                                                                
MR. TRUITT  spoke to the sponsor  statement for SB 108  that read                                                               
as follows:                                                                                                                     
                                                                                                                                
     Senate  Bill 108  proposes  to  formally recognize  the                                                                    
     tribes  in  this state  and  the  peoples who  governed                                                                    
     themselves  for  multiple millennia  before  statehood.                                                                    
     The  federal  government  has   a  special  and  unique                                                                    
     relationship  with tribes  that through  this bill  the                                                                    
     state would acknowledge.                                                                                                   
                                                                                                                                
     Alaska  obtained statehood  during the  era of  federal                                                                    
     Indian policy  where the  federal government  sought to                                                                    
     terminate  its  trust   relationship  with  its  tribal                                                                    
     people  and   force  them   to  abandon   their  tribal                                                                    
     identity, cultures, languages, and  ways of life. While                                                                    
     the federal government embraced  needed change and went                                                                    
     on  to  pass  the   Self  Determination  and  Education                                                                    
     Assistance  Act in  1975, Alaska's  state constitution,                                                                    
     and  state  policy, are  still  relics  of the  painful                                                                    
     past. We  have clung to  this policy to  our collective                                                                    
     peril as  all the peoples  of this state  have suffered                                                                    
     because of it.                                                                                                             
                                                                                                                                
     Many  of the  struggles facing  Alaska today,  from the                                                                    
     public safety  crisis, suicide, the epidemic  of sexual                                                                    
     assault   and   domestic   violence  have   only   been                                                                    
     reinforced by the state's policy  of telling its tribal                                                                    
     peoples   that  their   form  of   government  has   no                                                                    
     existence, no standing, and no recognition.                                                                                
                                                                                                                                
     It is time to stop this  policy and break from the past                                                                    
     and usher in a new era  that seeks to reconcile all the                                                                    
     state's peoples one to another.                                                                                            
                                                                                                                                
     Senate Bill  108 serves as  a first step, by  making it                                                                    
     the  formal state  policy that  the state's  indigenous                                                                    
     peoples  have  their  own   governments  and  that  the                                                                    
     government of the  state of Alaska will  no longer deny                                                                    
     their  existence. This  provides  for  not only  formal                                                                    
     recognition  in   our  statutes,  but  a   roadmap  for                                                                    
     healing,  wholeness, and  restoration  of all  Alaska's                                                                    
     people and communities.                                                                                                    
                                                                                                                                
3:43:22 PM                                                                                                                    
R.  TRUITT  emphasized that  this  legislation  is still  needed,                                                               
despite the Supreme Court's declaration  of the law in the state,                                                               
because it  is the  legislature's role  to establish  and declare                                                               
the official policy  of the state. It is not  the governor's role                                                               
to  declare  state  policy,   despite  former  Governor  Hickel's                                                               
statement that  Alaska was  one people and  did not  have tribes.                                                               
While that  might have  been what the  governor felt,  Mr. Truitt                                                               
said  it was  not the  governor's role  to declare  state policy.                                                               
Making state  policy is the  legislature's role and that  is part                                                               
of  the reasoning  behind  the formal  recognition  of tribes  in                                                               
statute.                                                                                                                        
                                                                                                                                
3:45:55 PM                                                                                                                    
MR. TRUITT explained that SB  108 declares the end of termination                                                               
era  thinking as  the  official  state policy,  which  is a  step                                                               
toward  aligning   with  the  federal   Indian  policy   of  self                                                               
determination. What  self determination  looks like on  the state                                                               
level  will take  some conversation,  he  said, but  it needs  to                                                               
start by acknowledging that tribes  not only exist in Alaska, but                                                               
they  are  also  properly  here. He  posited  that  this  session                                                               
underscores that  point given that  the legislature  received its                                                               
vaccinations from the tribal health provider for this region.                                                                   
                                                                                                                                
3:47:35 PM                                                                                                                    
MR.  TRUITT presented  the following  sectional  analysis for  SB
108:                                                                                                                            
                                                                                                                                
Section 1 contains  legislative findings and intent  that will be                                                             
uncodified. This  was added  to the bill  that was  introduced in                                                               
the previous legislature.                                                                                                       
                                                                                                                                
     Section 2.  This  is a technical change and  could have                                                                  
     been  included   in  a  revisor's   bill.    In   2016,                                                                    
     provisions from  chapter 14 of title  25 of the  United                                                                    
     States  Code  were  reorganized.    As  a  result,  the                                                                    
     Federally  Recognized Indian  Tribe  List Act  of  1994                                                                    
     received a different  section number in the U.S.  Code.                                                                    
     The operative  provision of this bill  in Section 4  of                                                                    
     the  bill  references  this  act.    The  proposed  new                                                                    
     statute in Section 4 cross references  AS 23.20.520 and                                                                    
     so  Legislative  Legal  is  suggesting  that   the  new                                                                    
     section number  in  the U.S.  Code be  updated in  this                                                                    
     statute.                                                                                                                   
                                                                                                                                
     Sections  3 and  4.   Sections 3  and  4 are  technical                                                                  
     changes.   The proposed  new statute of  this bill  was                                                                    
     deemed  to  be codified  in  AS  44.03  by  Legislative                                                                    
     Legal.   This chapter  of title 44  contains only  four                                                                    
     statutes   that   deal   with   state   ownership   and                                                                    
     jurisdiction of offshore water and submerged  lands and                                                                    
     rules  of  statutory  construction  for   the  chapter.                                                                    
     Because the  proposed  new statute  of this  bill is  a                                                                    
     completely   different  concept   than   the   existing                                                                    
     statutes  within  AS  44.03,  clarifying  language  was                                                                    
     inserted  to  accommodate  the  proposed   new  statute                                                                    
     within this chapter.                                                                                                       
                                                                                                                                
     Section  5.   This section  contains  the proposed  new                                                                  
     statute  which acknowledges  the unique  status  tribes                                                                    
     have  with the  federal  government  and makes  it  the                                                                    
     states official  policy that  the state recognizes  the                                                                    
     federally  recognized   tribes  within  the  state   of                                                                    
     Alaska.   The list  of federally  recognized tribes  is                                                                    
     codified in the  U.S. Code and this statute  references                                                                    
     that  act.     This  section  makes  clear  that   this                                                                    
     recognition  is  in  no  way  intended  to  affect  the                                                                    
     federal  trust   responsibility  the  U.S.   Government                                                                    
     extends to  tribes nor  is it  an attempt  to create  a                                                                    
     state trust responsibility to tribes.                                                                                      
                                                                                                                                
Section 6 is the effective date.                                                                                              
                                                                                                                                
3:51:17 PM                                                                                                                    
CHAIR SHOWER asked the sponsor how  he would respond to those who                                                               
feel this legislation would infringe on state rights.                                                                           
                                                                                                                                
3:52:53 PM                                                                                                                    
SENATOR  OLSON  replied  the  intent is  not  to  cause  conflict                                                               
between  state  rights and  tribal  rights.  He deferred  further                                                               
comment to Mr. Truitt                                                                                                           
                                                                                                                                
MR. TRUITT  offered an historical perspective.  He explained that                                                               
one  reason the  framers of  the U.S.  Constitution replaced  the                                                               
Articles of  Confederation was because it  granted supreme rights                                                               
to each of  the colonies, including the issue  of Indian affairs.                                                               
Because there was  no uniformity among the 13 colonies  as to how                                                               
to work  with the tribes,  the framers of the  constitution wrote                                                               
the  Indian  Commerce  Clause. The  colonies  relinquished  their                                                               
exclusive  control over  Indian  affairs and  made  it a  federal                                                               
question, which it has been to this day.                                                                                        
                                                                                                                                
He confirmed the sponsor's statement  that SB 108 does not expand                                                               
any rights  that tribes  have now by  virtue of  their recognized                                                               
status.                                                                                                                         
                                                                                                                                
CHAIR SHOWER commented that this  will be well debated because of                                                               
the strong  feelings on  the issue.  He opined  that it  was past                                                               
time for the discussion.                                                                                                        
                                                                                                                                
3:56:03 PM                                                                                                                    
SENATOR KAWASAKI  thanked the sponsor and  expressed appreciation                                                               
for the history lesson from Mr. Truitt.                                                                                         
                                                                                                                                
3:56:54 PM                                                                                                                    
SENATOR REINBOLD  asked the sponsor  if Alaska Native  history is                                                               
required in public schools.                                                                                                     
                                                                                                                                
3:57:31 PM                                                                                                                    
SENATOR OLSON  replied he was  not aware of that  requirement and                                                               
the bill  has nothing  to do  with any  curriculum the  state may                                                               
require.                                                                                                                        
                                                                                                                                
SENATOR REINBOLD  said she  just wondered  if tribal  issues were                                                               
discussed in the curriculum at any time.                                                                                        
                                                                                                                                
SENATOR OLSON  restated his previous  answer and said he  was not                                                               
aware of any discussion about curriculum.                                                                                       
                                                                                                                                
3:59:51 PM                                                                                                                    
NATASHA SINGH, General Counsel,  Tanana Chiefs Conference (Tanana                                                               
Chiefs),  Fairbanks, Alaska,  co-delivered a  presentation titled                                                               
Recognition  of  Alaska Tribes.  She  stated  that Tanana  Chiefs                                                               
represents  37  federally  recognized  tribes, and  she  was  co-                                                               
presenting   with  Joy   Anderson,   general   counsel  for   the                                                               
Association  of Village  Council  Presidents  that represents  56                                                               
federally  recognized  tribes.  She  began  the  presentation  by                                                               
paraphrasing the text on slide 2 that read as follows:                                                                          
                                                                                                                                
     Native peoples and Tribes have existed in the Americas                                                                     
     from time immemorial.                                                                                                      
                                                                                                                                
      "Before the coming of the Europeans, the tribes were                                                                      
     self-governing sovereign political communities."                                                                           
     -John v. Baker, Alaska Supreme Court                                                                                       
                                                                                                                                
4:01:55 PM                                                                                                                    
JOY  ANDERSON, General  Counsel, Association  of Village  Council                                                               
Presidents, Bethel, Alaska,  co-delivered the presentation titled                                                               
Recognition  of  Alaska Tribes.  She  explained  that tribes  are                                                               
domestic  dependent nations,  which  is the  legal  term for  all                                                               
federally recognized tribes, including  those in Alaska. They are                                                               
sovereign governments that  are subject only to  the authority of                                                               
the United  States. She  suggested the members  read the  list on                                                               
slide 3 that  describes the characteristics of  tribes. The slide                                                               
read as follows:                                                                                                                
                                                                                                                                
        xrhombus Inherent powers and authorities with self-governance                                                           
          of internal affairs e.g. type of government; tribal                                                                   
          membership                                                                                                            
        xrhombus Tribes exercise all powers, unless those powers have                                                           
          been expressly limited by Congress                                                                                    
        xrhombus Regulate matters pertaining to tribal members, e.g.                                                            
          taxes, property, members' conduct                                                                                     
        xrhombus Immune from lawsuits                                                                                           
        xrhombus Tribes are not state or local governments; political                                                           
          subdivisions or agencies or instrumentalities of the                                                                  
          federal or state governments; tax exempt organizations                                                                
                                                                                                                                
4:02:54 PM                                                                                                                    
MS. ANDERSON said the name of  the bill is very important because                                                               
it  recognizes that  tribes are  already in  Alaska. It  does not                                                               
create tribes or expand any powers.                                                                                             
                                                                                                                                
4:03:10 PM                                                                                                                    
MS. SINGH briefly  reviewed the history of  tribes since Columbus                                                               
arrived  in the  Americas and  emphasized the  point that  tribes                                                               
have rights and  a relationship with the  federal government with                                                               
or  without  SB  108  and recognition  by  the  legislature.  She                                                               
directed attention  to the  timeline on  slide 5  that identifies                                                               
the progression  of the federal  Indian policy  periods, starting                                                               
with the  1492-1820 Colonial Era  where tribes  were specifically                                                               
referenced  in the  constitution. The  subsequent federal  Indian                                                               
policy periods  were the  removal/relocation era  from 1820-1850;                                                               
the reservation/treaty  making era from 1850-1887;  the allotment                                                               
&  assimilation era  from 1887-1934;  the Indian  self-government                                                               
era from 1934-1953;  the termination era from  1953-1960s and the                                                               
self  determination   era  from  1960s-present.  She   noted  the                                                               
committee's time constraints  and said she would  not detail each                                                               
policy period                                                                                                                   
                                                                                                                                
MS. SINGH  related that the  Alaska Native Claims  Settlement Act                                                               
was negotiated  and signed at  the end of the  termination policy                                                               
period, which was followed by  the self determination policy that                                                               
was championed  by President  Nixon. She said  the point  is that                                                               
the current policy  is the only successful  federal Indian policy                                                               
in  the  history  of  the relationship  between  tribes  and  the                                                               
federal government.                                                                                                             
                                                                                                                                
4:04:47 PM                                                                                                                    
MS. ANDERSON  reviewed slides 6-8.  She stated that in  1831, the                                                               
Marshall  court issued  a trilogy  of decisions  that established                                                               
the  principles  that are  the  foundation  for the  relationship                                                               
between tribes and the federal  government. She noted that one of                                                               
the decisions  established the definition of  "Domestic Dependent                                                               
Nation." She directed attention to  slide 7 that encapsulates the                                                               
three  cases: Johnson  v. M'Intosh,  Cherokee Nation  v. Georgia,                                                               
and Worcester v. Georgia. The slide read as follow:                                                                             
                                                                                                                                
                                                                                                                                
4:05:33 PM                                                                                                                    
        xrhombus Aboriginal land claims: Aboriginal people retain                                                             
          the  rights of  use and  occupancy, that  only the                                                                    
          United  States  government can  settle  aboriginal                                                                    
          land claims,  and that the  U.S. has a  legal duty                                                                    
          to protect aboriginal title  until land claims are                                                                    
          officially settled.                                                                                                   
        xrhombus Tribal Authority: Tribes are nations with the                                                                
          authority  to  govern  themselves. The  source  of                                                                    
          their authority  to govern is  "inherent," meaning                                                                    
          that  it comes  from  tribes being  self-governing                                                                    
          long  before explorers  and settlers  came to  the                                                                    
          Americas.                                                                                                             
        xrhombus Federal Trust Responsibility: The   federal                                                                  
          government has a  responsibility to protect Indian                                                                    
          lands  and  resources,  and to  provide  essential                                                                    
          services  to Indian  people. This  comes from  the                                                                    
          fact  that the  federal government  took away  the                                                                    
          vast  majority  of  Indian lands,  and  in  return                                                                    
          promised to provide these things.                                                                                     
                                                                                                                                
4:06:13 PM                                                                                                                    
MS. ANDERSON  stated that in  1867 Russia sold the  United States                                                               
its  claim  to  Alaska  through  the  Treaty  of  Cession,  which                                                               
included the following statement:                                                                                               
                                                                                                                                
     The uncivilized tribes will be subject to such laws and                                                                    
     regulations as the United States may, from time to time,                                                                   
     adopt in regard to aboriginal tribes of that country.                                                                      
                                                                                                                                
It is an  example of the way that  colonialism treated indigenous                                                               
people as  inferior, but  it is also  clear evidence  that tribes                                                               
existed  in  Alaska.  The  treaty   recognized  that  Russia  had                                                               
exercised power over tribes in Alaska  and it ceded that power to                                                               
the United States.                                                                                                              
                                                                                                                                
4:07:08 PM                                                                                                                    
MS.  SINGH emphasized  that the  United States  recognizes tribes                                                               
because it is  in the constitution. She described  that point and                                                               
the  success   of  the   current  self-determination   policy  as                                                               
important takeaways.  That policy has had  bipartisan support for                                                               
four decades  and it  has worked  to improve  Native communities.                                                               
The Indian  Self-Determination Act of  1975 was a major  piece of                                                               
legislation  that   allows  tribes   to  identify   services  the                                                               
government  is  obligated  to  provide  and  contract  for  those                                                               
services  through either  the  Bureau of  Indian  Affairs or  the                                                               
Indian Health Service.  Tribes are doing that in  Alaska and that                                                               
is why the  rollout of the COVID-19 vaccine was  so successful in                                                               
Alaska's tribal communities.                                                                                                    
                                                                                                                                
4:08:41 PM                                                                                                                    
MS. SINGH directed attention to  the bulleted points of Executive                                                               
Order 13175 of 2000. It read as follows:                                                                                        
                                                                                                                                
        xrhombus Established regular and meaningful consultation                                                                
          and collaboration  with tribes in  the development                                                                    
          of    federal    policies   that    have    tribal                                                                    
          implications.                                                                                                         
        xrhombus Recognizes that the United States has a unique                                                                 
          legal relationship with  Indian tribal governments                                                                    
          as set  forth in the U.S.  Constitution, treaties,                                                                    
          statutes,  Executive  Orders,   and  U.S.  Supreme                                                                    
          Court decisions.                                                                                                      
        xrhombus Confirms that the U.S. recognizes Indian tribes                                                                
          as   "domestic   dependent   nations   under   its                                                                    
          protection."                                                                                                          
        xrhombus Recognizes a trust relationship with Indian                                                                    
          tribes.                                                                                                               
        xrhombus Recognizes the right of Indian tribes to self-                                                                 
          government,    tribal    authority    and    self-                                                                    
          determination.                                                                                                        
        xrhombus All federal agencies are to respect Indian tribal                                                              
          self-government and authority.                                                                                        
                                                                                                                                
MS  SINGH restated  that Alaska  tribes have  had a  relationship                                                               
with  the  federal  government  and   will  continue  to  have  a                                                               
relationship with or without passage of SB 108.                                                                                 
                                                                                                                                
4:09:40 PM                                                                                                                    
MS. SINGH credited Mr. Truitt with  giving a brief history of the                                                               
earlier position  of the  executive branch  in Alaska,  which was                                                               
that tribes did  not exist. She said the cases  cited on slide 14                                                               
demonstrate that  part of  the termination  era was  an effective                                                               
shift   to  eliminate   tribes   in   Alaska.  However,   history                                                               
demonstrates  that only  Congress has  that power;  the State  of                                                               
Alaska is unable to do that. Slide 14 cited the following cases:                                                                
                                                                                                                                
        xrhombus  Native Village of Stevens v. Alaska Management &                                                              
          Planning  (Alaska  1988)-"There  are not  now  and                                                                    
          never have been tribes of Indians in Alaska as                                                                        
          that term is used in federal Indian Law."                                                                             
        xrhombus Alaska Administrative Order No. 125 (1991)-"State                                                              
          of    Alaska   opposes    expansion   of    tribal                                                                    
          governmental powers and the creation of 'Indian                                                                       
          Country' in Alaska."                                                                                                  
                                                                                                                                
She highlighted that these cases  were overturned and reversed as                                                               
lawmakers became educated about federal Indian law.                                                                             
                                                                                                                                
4:10:54 PM                                                                                                                    
MS.  ANDERSON reviewed  the federal  government responses  to the                                                               
cases cited on slide 14, starting  in 1993 with the Department of                                                               
Interior  (DOI) Sansonetti  Opinion. It  controverted the  Alaska                                                               
Supreme  Court analyses,  observing that  the federal  government                                                               
had recognized tribes  in Alaska for many years  and treated them                                                               
as  such.  She reported  that  DOI  issued  a list  of  federally                                                               
recognized  tribes in  Alaska nine  months later.  Then in  1994,                                                               
Congress  required  the  lists of  recognized  tribes,  including                                                               
those in Alaska, to be published  annually. That was the List Act                                                               
and  all   versions  since  1994  have   included  the  federally                                                               
recognized tribes in Alaska.                                                                                                    
                                                                                                                                
4:11:54 PM                                                                                                                    
MS.  ANDERSON  reviewed the  current  position  of the  State  of                                                               
Alaska as to the recognition of  tribes that is outlined on slide                                                               
16.  She said  the state's  position  has shifted  over the  last                                                               
several  decades. Baker  v. John  was a  landmark case  where the                                                               
Alaska Supreme Court reversed itself  on the Stevens decision and                                                               
recognized the  existence and sovereignty  of tribes and  some of                                                               
the  powers  they exercise.  In  2018,  an Alaska  Administrative                                                               
Order by Governor Walker recognized  tribes by stating that there                                                               
was a  need to  improve government  to government  relations with                                                               
Alaska tribes. She said that  was preceded by the 2017 Department                                                               
of Law opinion  that, "[T]here are no  unresolved legal questions                                                               
regarding  the  legal  status  of   Alaska  Tribes  as  federally                                                               
recognized tribal governments."                                                                                                 
                                                                                                                                
MS. ANDERSON  read the  important points about  SB 108  that were                                                               
bulleted on slide 17, which read as follows:                                                                                    
                                                                                                                                
        xrhombus Will bring the Alaska State Legislature in line                                                                
          with the other two branches of state government                                                                       
          regarding the status of Alaska tribes.                                                                                
        xrhombus Will modernize the policy towards Alaska Native                                                                
          tribes by officially moving the state legislature                                                                     
          out of the Termination Era and into the Self-                                                                         
          Determination Era.                                                                                                    
        xrhombus Create the potential for the State of Alaska to                                                                
          lead the country in creation of state-tribal                                                                          
          relations.                                                                                                            
                                                                                                                                
4:13:40 PM                                                                                                                    
MS. SINGH concluded  the presentation stating that  should SB 108                                                               
pass,  it   will  be  a   first  step  in  developing   a  formal                                                               
relationship between the State of  Alaska and its 230 tribes. "We                                                               
can determine  together what that relationship  should become and                                                               
how we should learn from  the federal self-determination policy."                                                               
SB 108 presents a great opportunity, she said.                                                                                  
                                                                                                                                
4:14:38 PM                                                                                                                    
CHAIR SHOWER  thanked the presenters  and apologized  for rushing                                                               
the  presentation  due  to  the eight  additional  bills  on  the                                                               
schedule.  He said  he looked  forward  to debating  some of  the                                                               
questions.                                                                                                                      
                                                                                                                                
CHAIR SHOWER held SB 108 in committee.                                                                                          
                                                                                                                                
           SB 109-COUNCIL FOR ALASKA NATIVE LANGUAGES                                                                       
                                                                                                                                
4:15:33 PM                                                                                                                    
CHAIR SHOWER announced  the consideration of SENATE  BILL NO. 109                                                               
"An  Act renaming  the Alaska  Native  Language Preservation  and                                                               
Advisory Council as the Council  for Alaska Native Languages; and                                                               
relating to the Council for Alaska Native Languages."                                                                           
                                                                                                                                
4:15:44 PM                                                                                                                    
SENATOR DONNY  OLSON, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor of  SB 109, introduced  the legislation  paraphrasing the                                                               
following sponsor statement:                                                                                                    
                                                                                                                                
     Senate  Bill 109  reflects a  request  from the  Alaska                                                                    
     Native  Language Preservation  and Advisory  Council to                                                                    
     change  its  name to  the  "Council  for Alaska  Native                                                                    
     Languages."  This change  would  shorten the  Council's                                                                    
     name  while emphasizing  the  Council's broader  focus,                                                                    
     which  includes more  than just  language preservation.                                                                    
     In  fact,  the  statute establishing  the  Council,  AS                                                                    
     44.33.520,  states the  purpose  of the  Council is  to                                                                    
     recommend  "the  establishment   or  reorganization  of                                                                    
     programs to support  the preservation, restoration, and                                                                    
     revitalization of Alaska Native languages."                                                                                
                                                                                                                                
     The  Council also  requests an  increase in  membership                                                                    
     from 5 to 7 members  in recognition of the diversity of                                                                    
     Alaska  Native languages  in the  state  (there are  at                                                                    
     least 20  Native languages in Alaska).  This allows for                                                                    
     greater  language  representation  on the  Council  and                                                                    
     increases the  involvement of a great  number of native                                                                    
     language speakers from different regions of the state.                                                                     
                                                                                                                                
4:17:27 PM                                                                                                                    
CHAIR SHOWER held SB 109 in committee for future consideration.                                                                 
                                                                                                                                
           SB  82-ELECTIONS; ELECTION INVESTIGATIONS                                                                        
                                                                                                                                
4:18:13 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 82                                                               
"An Act relating to elections and election investigations."                                                                     
                                                                                                                                
[CSSB 82(JUD),  work order 32-GS1645\I, was  the working document                                                               
although  references are  to the  work draft  version B  that the                                                               
Judiciary Committee amended then passed from committee.]                                                                        
                                                                                                                                
4:18:52 PM                                                                                                                    
CORI MILLS,  Deputy Attorney General, Civil  Division, Department                                                               
of  Law,  Juneau,  Alaska,  on   behalf  of  the  administration,                                                               
presented a  PowerPoint to introduce  SB 82. She stated  that the                                                               
purpose of SB 82 is to  authorize the attorney general to conduct                                                               
civil investigations  into Title  15 election law  violations and                                                               
bring civil  enforcement actions if  a violation is  found. Under                                                               
current statute, if the Division  of Elections notices suspicious                                                               
behavior  related to  an election,  the  only option  is for  the                                                               
division to refer the matter for criminal investigation.                                                                        
                                                                                                                                
Ms.  MILLS advised  that SB  82 would  add a  civil investigation                                                               
tool  similar to  what the  Department of  Law does  for consumer                                                               
protection  investigations,  but  on   an  expedited  basis.  She                                                               
recounted the  advantages of civil investigations.  Action can be                                                               
taken more quickly,  the evidentiary standard of proof  is not as                                                               
high, and the Department of  Law can more quickly get information                                                               
to the  division it  may need to  make determinations  during the                                                               
election. When  needed, criminal  and civil  investigations could                                                               
run concurrently.                                                                                                               
                                                                                                                                
4:21:31 PM                                                                                                                    
MS.  MILLS skipped  ahead to  slide  7 to  discuss the  complaint                                                               
referral  process. She  said an  investigation can  start with  a                                                               
complaint from a member of  the public, when the division notices                                                               
something out  of the  ordinary in the  election process,  or the                                                               
attorney general can initiate an  investigation. Under SB 82, the                                                               
division  would  review   a  complaint  that  is   filed  and  in                                                               
consultation  with the  Department  of Law  determine whether  it                                                               
warrants   investigation.  If   not,  the   complaint  would   be                                                               
dismissed. If the complaint warrants  further review, it would be                                                               
forwarded to the  attorney general who has  discretion to conduct                                                               
an investigation and prioritize cases.                                                                                          
                                                                                                                                
4:22:54 PM                                                                                                                    
THOMAS FLYNN,  Assistant Attorney General, Civil  Division, Labor                                                               
and State Affairs Section, Department  of Law, Anchorage, Alaska,                                                               
continued  the presentation  with a  review  of the  steps of  an                                                               
investigation  from   less  formal   to  more   formal.  Informal                                                               
discovery includes voluntary  interviews with victims, witnesses,                                                               
and  the  target of  the  investigation.  More formal  techniques                                                               
include subpoenas  for testimony  or documents from  agencies. He                                                               
noted that the  bill sets out standard deadlines  with the option                                                               
to  move faster  for an  impending election.  At the  end of  the                                                               
investigation, the  attorney general has the  option of providing                                                               
a notice  of findings  to the  division, going  to court  to seek                                                               
enforcement, or referral for criminal investigation.                                                                            
                                                                                                                                
4:24:10 PM                                                                                                                    
MR. FLYNN presented  the sectional analysis for  SB 82, including                                                               
the changes made in the previous committee.                                                                                     
                                                                                                                                
     SB  82,  "An Act  relating  to  elections and  election                                                                    
     investigations" adds one new section to AS 15.56:                                                                          
                                                                                                                                
     Subsection (a)  would allow anyone  can file  a written                                                                    
     complaint alleging  a violation of state  election laws                                                                    
     or  regulations  to  the  Division  of  Elections.  The                                                                    
     complaint  must  be  filed  within  30  days  after  an                                                                    
     election  or  30  days   after  the  alleged  violation                                                                    
     occurred, whichever is later.                                                                                              
                                                                                                                                
     Subsection  (b) directs  the Division  of Elections  to                                                                    
     refer  alleged  violations  of  campaign  finance  laws                                                                    
     under AS 15.13 to  the Alaska Public Offices Commission                                                                    
     (APOC). The  division has the  discretion to  refer all                                                                    
     other  complaints  to  the  attorney  general.  If  the                                                                    
     complaint is incomplete, frivolous,  or does not allege                                                                    
     a  violation,  the   division  can  request  additional                                                                    
     information or it could dismiss the complaint.                                                                             
                                                                                                                                
     Subsection  (c),   as  amended,  allows   the  attorney                                                                    
     general to investigate an  alleged violation by issuing                                                                    
     subpoenas and interrogatories  and by obtaining records                                                                    
     from agencies.                                                                                                             
                                                                                                                                
     Subsection (d), as amended,  explains that the attorney                                                                    
     general  must  serve  the subpoenas  and  may  initiate                                                                    
     contempt proceedings as prescribed by other laws.                                                                          
                                                                                                                                
     Subsection  (e),   as  amended,  allows   the  attorney                                                                    
     general to  obtain a court  order requiring  a response                                                                    
     through  a  subpoena  or  interrogatory  in  a  shorter                                                                    
     amount of time than is provided in subsection (c).                                                                         
                                                                                                                                
     Subsection (f),  as amended, allows the  recipient of a                                                                    
     subpoena or interrogatory under  subsection (c) to file                                                                    
     an  opposing lawsuit,  which the  court must  expedite.                                                                    
     The  court may  choose to  hear the  attorney general's                                                                    
     argument ex parte.                                                                                                         
                                                                                                                                
     Subsection  (g),  as   amended,  directs  the  attorney                                                                    
     general to provide the division  with the result of the                                                                    
     investigation  and  a  notice   of  findings  once  the                                                                    
     investigation  is complete.  In the  event a  complaint                                                                    
     against  a  state agency  or  employee  has merit,  the                                                                    
     division will make reasonable effort to respond.                                                                           
                                                                                                                                
4:26:23 PM                                                                                                                    
     Subsection (h),  as amended,  provides that  the notice                                                                    
     of findings  and the record that  supports the findings                                                                    
     are public  records subject to the  Public Records Act.                                                                    
     But intelligence  information the attorney  general has                                                                    
     gathered or provided to law  enforcement is not subject                                                                    
     to disclosure.                                                                                                             
                                                                                                                                
     Subsection (i)  allows the attorney general  to sue for                                                                    
     injunctive relief after  the investigation provided the                                                                    
     alleged  violation  is  not  a  violation  of  campaign                                                                    
     finance laws.                                                                                                              
                                                                                                                                
     Subsection  (j),   as  amended,  allows   the  attorney                                                                    
     general to  seek a  fine of no  more than  $250,000 per                                                                    
     violation  along   with  reasonable  fees   and  costs,                                                                    
     including the cost of the investigation.                                                                                   
                                                                                                                                
4:27:00 PM                                                                                                                    
MR. FLYNN noted that subsection (k) was added by amendment.                                                                     
                                                                                                                                
      Subsection (k) would require the attorney general to                                                                      
     file an action against a candidate or elected official                                                                     
     within two years of the filing of the complaint.                                                                           
                                                                                                                                
       Subsections (l) and (m) allow the division and the                                                                       
       attorney general to adopt regulations to implement                                                                       
     this section.                                                                                                              
                                                                                                                                
      Subsection (n) clarifies that the person filing the                                                                       
     complaint may always go to court.                                                                                          
                                                                                                                                
       Subsection (o) defines frivolous, state agency and                                                                       
     state employee.                                                                                                            
                                                                                                                                
4:28:13 PM                                                                                                                    
SENATOR KAWASAKI  said he had a  number of questions, but  he was                                                               
willing  to wait  for  a  written response  if  the answers  were                                                               
lengthy. He raised the following questions:                                                                                     
                                                                                                                                
   • Is there an appeal process for dismissed complaints?                                                                       
   • What does information regarding intelligence information                                                                   
     include and why would that not be part of the public record                                                                
     under the Freedom of Information Act (FOIA)?                                                                               
                                                                                                                                
MS.   MILLS   answered   that  while   there   is   no   specific                                                               
administrative  appeal  process  if   the  division  dismisses  a                                                               
complaint, this does  not preclude the complainant  from going to                                                               
court  or   the  attorney   general  initiating   an  independent                                                               
investigation.                                                                                                                  
                                                                                                                                
MS. MILLS, addressing the  second question regarding intelligence                                                               
information,  explained that  the  terms come  from the  Consumer                                                               
Protection Act, which  makes the record of  the investigation and                                                               
intelligence  information   confidential.  She  noted   that  the                                                               
Judiciary  Committee determined  that  the  public would  benefit                                                               
from having  some of  the records be  public, so  they bifurcated                                                               
those   into  a   record   of   investigation  and   intelligence                                                               
information.  The  record   of  investigation  includes  anything                                                               
needed to  support the  notice of  findings and  everything else,                                                               
such as tips, is considered intelligence information.                                                                           
                                                                                                                                
SENATOR  KAWASAKI  asked  why  a tip  would  not  be  disclosable                                                               
information.                                                                                                                    
                                                                                                                                
MS.  MILLS  answered that  a  tip  might  lead to  an  additional                                                               
investigation   and  if   disclosed,   could   hinder  a   future                                                               
investigation                                                                                                                   
                                                                                                                                
CHAIR SHOWER  advised that he  read the  list in statute  of what                                                               
would be exempted.                                                                                                              
                                                                                                                                
4:33:33 PM                                                                                                                    
SENATOR  REINBOLD asked  if  it  was wise  to  have the  attorney                                                               
general  in charge  of the  process  since that  is an  appointed                                                               
rather than elected position.                                                                                                   
                                                                                                                                
MS. MILLS  pointed out that  the Department of Law  already works                                                               
with  sensitive  matters  that  do  not  always  align  with  the                                                               
position of  elected officials and  they have to find  a balance.                                                               
In addition,  the bill does  not preclude  going to court  so the                                                               
information would be made public.                                                                                               
                                                                                                                                
4:35:25 PM                                                                                                                    
SENATOR REINBOLD  expressed concern  that every person  would not                                                               
hold to such a high bar.                                                                                                        
                                                                                                                                
CHAIR SHOWER  commented on the importance  of getting legislative                                                               
intent on  the record and the  notion of an elected  or appointed                                                               
attorney general or an elected inspector general.                                                                               
                                                                                                                                
4:36:16 PM                                                                                                                    
CHAIR SHOWER opened public testimony on SB 82.                                                                                  
                                                                                                                                
4:36:40 PM                                                                                                                    
MORGAN  LIM, representing  Planned  Parenthood Alliance  Advocate                                                               
(PPAA), Juneau, Alaska,  stated that PPAA opposes both  SB 82 and                                                               
SB 83. He  reported that in the first quarter  of 2021, more than                                                               
361  voter  suppression  measures  have  been  introduced  in  47                                                               
states. He  posited that they are  part of a nationwide  trend as                                                               
many elected  officials try to make  it more difficult to  cast a                                                               
ballot.  He said  SB 83  imposes burdensome  voter identification                                                               
requirements on  absentee voters  and limits in-person  voting in                                                               
communities with populations of less  than 750. SB 82 perpetuates                                                               
the   unsubstantiated  narrative   that  election   offenses  are                                                               
widespread. Both bills claim to  be combating election fraud, but                                                               
in reality  are bills  in search  of a  problem. Both  bills will                                                               
likely disenfranchise voters, he said.                                                                                          
                                                                                                                                
MR.  LIM  stated  that  PPAA   supports  policies  that  make  it                                                               
convenient for eligible voters to  register and cast a ballot and                                                               
opposes burdensome  requirements for identification  for absentee                                                               
voting and refusing  to allow ballot curing. He  pointed out that                                                               
the  promise of  equal  access at  the ballot  box  has not  been                                                               
achieved when Black, indigenous,  and people of color communities                                                               
are more likely to face  barriers to voting. Nationwide there are                                                               
inadequate  polling places,  increasingly  limited voting  hours,                                                               
disenfranchised  formerly  incarcerated persons,  and  systematic                                                               
efforts to suppress votes.                                                                                                      
                                                                                                                                
He concluded  saying that  Planned Parenthood  Alliance Advocates                                                               
urges the committee not to advance either SB 82 or SB 83.                                                                       
                                                                                                                                
4:39:35 PM                                                                                                                    
CHAIR SHOWER closed  public testimony on SB 82 and  held the bill                                                               
in  committee.  He  advised  that   written  testimony  could  be                                                               
submitted to [email protected].                                                                                                    
                                                                                                                                
                       SB 1-CHOKEHOLD BAN                                                                                   
                                                                                                                                
4:40:05 PM                                                                                                                    
CHAIR SHOWER  announced the  consideration of  SENATE BILL  NO. 1                                                               
"An Act prohibiting the use  of chokeholds by peace officers; and                                                               
relating to justification of use of force by peace officers."                                                                   
                                                                                                                                
4:40:23 PM                                                                                                                    
SENATOR GRAY-JACKSON,  Alaska State Legislature,  Juneau, Alaska,                                                               
sponsor of  SB 1, stated  that the recent civilian  casualties by                                                               
law  enforcement   has  created   real  momentum  to   address  a                                                               
longstanding  injustice. She  related  that her  office has  been                                                               
working with Senator  Begich's office to craft a  series of bills                                                               
to  reduce  police  violence.  She  has  talked  to  stakeholders                                                               
throughout  the process  to  ensure  the proposals  in  SB 1  are                                                               
fitting for Alaska.                                                                                                             
                                                                                                                                
SENATOR  GRAY-JACKSON reported  that  she  engaged the  Anchorage                                                               
Police  Department,   Anchorage  Police   Employees  Association,                                                               
Public   Safety   Employees   Association,   and   the   National                                                               
Organization of  Black Law Enforcement Executives  (NOBLE) during                                                               
this  process.  Because  of  this   proactive  approach,  she  is                                                               
confident  in moving  forward to  implement public  safety policy                                                               
changes  that  will benefit  both  citizens  and law  enforcement                                                               
officers.                                                                                                                       
                                                                                                                                
4:43:10 PM                                                                                                                    
SENATOR GRAY-JACKSON read the following  sponsor statement for SB
1:                                                                                                                              
                                                                                                                                
     Police use  numerous restraints  to restrain  and limit                                                                    
     the movement and overall activity  of someone who poses                                                                    
     a  danger to  themselves  or to  others (including  the                                                                    
     police officer). One of the  most common restraints are                                                                    
     carotid  and tracheal  chokes.  Both restraints  impede                                                                    
     breathing   and   circulation   of  blood.   If   these                                                                    
     restraints   are   used  incorrectly,   death   through                                                                    
     asphyxiation may  occur. Throughout the  United States,                                                                    
     there  are cases  of the  misuse of  chokeholds. Senate                                                                    
     Bill  (SB)  1 would  assist  in  reducing the  rate  of                                                                    
     chokeholds used incorrectly. SB1  would further seek to                                                                    
     improve police community  relationships by addressing a                                                                    
     longstanding issue around use of force.                                                                                    
                                                                                                                                
4:43:59 PM                                                                                                                    
BESSE  ODOM,  Staff,  Senator  Elvi  Gray-Jackson,  Alaska  State                                                               
Legislature,  Juneau,   Alaska,  read  the   following  sectional                                                               
analysis for SB 1:                                                                                                              
                                                                                                                                
     Section  1. This  section amends  AS 11.81.370,  the statute                                                             
     regarding  use of  force by  a  peace officer  in making  an                                                               
     arrest or terminating  an escape by adding  a new subsection                                                               
     that   would  prohibit   the  use   of  potentially   lethal                                                               
     restraints.                                                                                                                
                                                                                                                                
SENATOR  REINBOLD offered  her understanding  that the  Anchorage                                                               
Police Department  (APD) already  had this prohibition  and asked                                                               
what particular Alaska peace officer group was being targeted.                                                                  
                                                                                                                                
SENATOR GRAY-JACKSON  agreed that  APD prohibits choke  holds and                                                               
said she brought this forward because  the policy is not in state                                                               
statute. Therefore, a different APD  police chief could decide to                                                               
change  the  current  policy.  The  bill  would  apply  to  peace                                                               
officers throughout the state.                                                                                                  
                                                                                                                                
CHAIR SHOWER turned to invited testimony.                                                                                       
                                                                                                                                
4:46:39 PM                                                                                                                    
PETER  MLYNARIK, Board  Member, Alaska  Association of  Chiefs of                                                               
Police (AACP), Soldotna,  Alaska, stated that he has  been in law                                                               
enforcement for 31 years, the last  9 of which have been as chief                                                               
of police  in Soldotna. He  said AACP agrees that  without proper                                                               
training,  the use  of  choke holds  and  carotid restraints  can                                                               
cause  serious   injury  or  death.   It  is  not   uncommon  for                                                               
departments to prohibit these types  of force. AACP also believes                                                               
that police agencies  in Alaska have good  policies regarding use                                                               
of force  and it is  therefore unnecessary to  mandate compliance                                                               
in statute. He  offered his professional opinion  that the proper                                                               
use of carotid restraints may  prevent further injury. Whether or                                                               
not  this  type of  restraint  is  used  should  be made  by  the                                                               
department.  He said  his  experience is  with  the Alaska  State                                                               
Troopers and  the Soldotna Police Department,  but he understands                                                               
that  it  is  uncommon  in  Alaska to  use  a  chokehold  carotid                                                               
restraint when dealing with an individual.                                                                                      
                                                                                                                                
SENATOR REINBOLD  expressed appreciation  for the input  from the                                                               
frontline. She  commented on being  a minority voice  and offered                                                               
her view that everyone should be heard.                                                                                         
                                                                                                                                
4:50:14 PM                                                                                                                    
MARK  PEARSON,  President,   Alaska  Peace  Officers  Association                                                               
(APOA0, Soldotna, Alaska,  stated that he has been  active in law                                                               
enforcement for the  last 18 years and the  APOA organization has                                                               
been  active in  representing law  enforcement for  75 years.  He                                                               
advised  that  when  APOA  had  its  annual  meeting  to  discuss                                                               
relevant  legislation  with  AACOP,  PSEA and  APDA,  they  voted                                                               
unanimously to  oppose SB 1,  SB 2,  SB 3, SB  4, and SB  46. The                                                               
reason  for  the  opposition  was   the  collective  belief  that                                                               
policing  regulation and  certification  should  remain with  the                                                               
Alaska   Police   Standards   Council   and   within   individual                                                               
departments.  He  said  Alaska   has  unique  challenges  due  to                                                               
geography  and  limited backup  and  its  peace officers  do  not                                                               
respond in  ways that  might escalate  the situation.  He offered                                                               
that  his experience  in remote  locations is  that somebody  you                                                               
arrest one day might be your  backup another day, so everybody is                                                               
treated with respect.                                                                                                           
                                                                                                                                
MR. PEARSON  challenged the information on  BASIS indicating that                                                               
APOA supports  SB 1  and other policing  bills because  they sent                                                               
letters of opposition for  SB 1, SB 2, SB 3, SB 4,  and SB 46. He                                                               
said that  as the  current president  of APOA  he speaks  for law                                                               
enforcement throughout  the state.  He stressed  that SB  1 would                                                               
place officers  at risk and  would negatively  affect recruitment                                                               
and retention.                                                                                                                  
                                                                                                                                
SENATOR  REINBOLD asked  if the  Alaska Police  Standards Council                                                               
(APSC) had a position.                                                                                                          
                                                                                                                                
MR. PEARSON recalled  that in a previous hearing  APSC said these                                                               
issues are already addressed in statute,  but they did not take a                                                               
specific position.                                                                                                              
                                                                                                                                
CHAIR SHOWER  said he was  welcome to send his  written testimony                                                               
to [email protected].                                                                                                              
                                                                                                                                
4:56:46 PM                                                                                                                    
SENATOR GRAY-JACKSON clarified that she  never said that APOC was                                                               
part of the process when she was working on the bill.                                                                           
                                                                                                                                
4:57:13 PM                                                                                                                    
MS.  ODOM confirmed  that the  sponsor's office  did receive  the                                                               
letters of opposition from APOC.  She emphasized that contrary to                                                               
what  the   APOC  letter  stated,   SB  1  does  not   take  away                                                               
decertification  authority  from   the  Alaska  Police  Standards                                                               
Council. She added that the  bill provides individual departments                                                               
and agencies  as to  when it  is safe to  use these  methods. She                                                               
directed  attention  to the  language  on  line  8 that  read  as                                                               
follow:   "...force is authorized  by law  and the policy  of the                                                               
entity that employs the officer."                                                                                               
                                                                                                                                
SENATOR  GRAY-JACKSON added  that  her  office worked  diligently                                                               
with the chair of the Alaska Police Standards Council.                                                                          
                                                                                                                                
4:59:16 PM                                                                                                                    
CHAIR SHOWER opened public testimony on SB 1.                                                                                   
                                                                                                                                
4:59:33 PM                                                                                                                    
KATIE  BOTZ,  representing  self,  Juneau,  Alaska,  thanked  the                                                               
sponsor for SB  1 and SB 4  and asked the committee  to pass both                                                               
bills. She  stated support for  the police and related  a concern                                                               
she had  heard that  police officers  in Juneau  do not  have the                                                               
proper training to use choke holds.                                                                                             
                                                                                                                                
5:01:21 PM                                                                                                                    
MORGAN LIM, Planned Parenthood  Alliance Advocate (PPAA), Juneau,                                                               
Alaska,  on behalf  of PPAA,  stated support  SB 1  and SB  4 and                                                               
urged  the committee  to move  both bills  forward. He  said PPAA                                                               
stands with  Black, indigenous, and  people of  color communities                                                               
as they  seek to  create communities where  they feel  safe. This                                                               
involves transforming  law enforcement. He  said SB 1 is  a first                                                               
step  towards  reducing police  use  of  force, including  deadly                                                               
force.  He  mentioned  that  SB  4  would  prohibit  police  from                                                               
discharging a  firearm at  a moving vehicle.  He cited  data that                                                               
identifies Alaska as  the second highest rate  of police killings                                                               
in the  country and  the second highest  rate of  police violence                                                               
against  Black   and  indigenous   people.  [His   testimony  was                                                               
terminated due to time constraints.]                                                                                            
                                                                                                                                
5:03:06 PM                                                                                                                    
CEYLON  MICHELL,  representing  self, Anchorage,  Alaska,  stated                                                               
that as  a retired sergeant  with the Department  of Corrections,                                                               
he was testifying against SB 1 and  SB 4. He said he has 45 years                                                               
in  law enforcement/corrections,  and  he has  not  found a  more                                                               
professional and  well-trained group of officers  than those that                                                               
he worked with  in Alaska. They take pride in  serving the people                                                               
of  Alaska and  they put  their lives  on the  line for  Alaskans                                                               
every day. He emphasized that officers  go to work each day to do                                                               
their  job to  protect citizens  and they  also want  to go  home                                                               
safely to their families.                                                                                                       
                                                                                                                                
5:04:29 PM                                                                                                                    
DANIEL POTTER,  representing self, Mat-Su Valley,  Alaska, stated                                                               
that he  has been in  law enforcement  in Alaska for  about seven                                                               
years and has never seen a  chokehold used. He shared that he had                                                               
experienced choke holds  numerous times while in the  Army and he                                                               
is "fine."  He offered his  belief that there  was a lot  of fear                                                               
mongering associated with  this method of restraint  and that law                                                               
enforcement was  being over legislated.  He stated  opposition to                                                               
both SB 1 and SB 4.                                                                                                             
                                                                                                                                
5:05:36 PM                                                                                                                    
RON  VIGIL, Anchorage  Chapter President,  Alaska Peace  Officers                                                               
Association, Anchorage, Alaska, stated opposition  to SB 1, SB 4,                                                               
and SB 46. He related that in  his 24 years in law enforcement he                                                               
has worked  for departments  that allow  and departments  that do                                                               
not allow  lateral vascular  neck restraints.  He knows  the APSC                                                               
sets the standards for the training  that is required and to over                                                               
legislate to  Lower 48  standards is  not appropriate  for Alaska                                                               
communities. He asked the committee not to pass the bills.                                                                      
                                                                                                                                
5:07:18 PM                                                                                                                    
CHAIR SHOWER recessed the meeting to a call of the chair.                                                                       
                                                                                                                                
5:36:30 PM                                                                                                                    
CHAIR  SHOWER reconvened  the  meeting. A  roll  call showed  the                                                               
presence  of SENATOR  COSTELLO in  capitol room  118 and  SENATOR                                                               
HOLLAND in  capitol room  113 and CHAIR  SHOWER in  the committee                                                               
room.                                                                                                                           
                                                                                                                                
5:37:26 PM                                                                                                                    
CHAIR SHOWER  closed public testimony on  SB 1 and held  the bill                                                               
in committee.                                                                                                                   
                                                                                                                                
         SB 4-PROHIBIT PEACE OFF. SHOOT MOVING VEHICLE                                                                      
                                                                                                                                
5:37:50 PM                                                                                                                    
CHAIR SHOWER announced the consideration of SENATE BILL NO. 4                                                                   
"An Act relating to justification of use of force by a peace                                                                    
officer; and relating to shooting at a moving vehicle."                                                                         
                                                                                                                                
5:38:02 PM                                                                                                                    
SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska,                                                                 
sponsor of SB 4, read the sponsor statement into the record.                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     SB4 "An Act  relating to justification of  use of force                                                                    
     by  a peace  officer;  and relating  to  shooting at  a                                                                    
     moving vehicle."                                                                                                           
                                                                                                                                
     The use  of force in  making an  arrest or stop  is not                                                                    
     justified  under   this  bill  if  the   peace  officer                                                                    
     knowingly discharges  a firearm at or  in the direction                                                                    
     of  a   propelled  vehicle  while  another   person  is                                                                    
     operating the  vehicle unless the vehicle  poses a risk                                                                    
     of imminent danger to a peace officer or others.                                                                           
                                                                                                                                
     With  the passing  of SB4,  AS 11.81.370(d)  will amend                                                                    
     the previous Statute  by adding a new  section to read:                                                                    
     Applicability, which would apply  to conduct by a peace                                                                    
     officer  occurring on  or after  the effective  date of                                                                    
     this Act.                                                                                                                  
                                                                                                                                
5:39:07 PM                                                                                                                    
KEITH BAUGUESS, Staff, Senator Gray-Jackson, Alaska State                                                                       
Legislature, Juneau, Alaska, presented the sectional analysis                                                                   
for SB 4.                                                                                                                       
                                                                                                                                
     Section  1: Amends  AS 11.81.370  (d) by  adding a  new                                                                  
     subsection to read: If, in  making an arrest or stop, a                                                                    
     peace officer  knowingly discharges a firearm  at or in                                                                    
     the  direction of  a  propelled  vehicle while  another                                                                    
     person is  operating the vehicle,  the use of  force is                                                                    
     not justified  under this section unless  the person is                                                                    
     operating  the  vehicle  in  a  manner  that  poses  an                                                                    
     immediate threat  of serious  risk to  the life  of the                                                                    
     officer or another person.                                                                                                 
                                                                                                                                
     Section 2:  Adopts conforming language from  section 1,                                                                  
     setting an effective date.                                                                                                 
                                                                                                                                
CHAIR SHOWER turned to invited testimony.                                                                                       
                                                                                                                                
5:40:42 PM                                                                                                                    
PETER  MLYNARIK, Board  Member, Alaska  Association of  Chiefs of                                                               
Police  (AACOP), Soldotna,  Alaska,  stated  that AACOP  believes                                                               
that shooting at a moving vehicle  is deadly force but the use of                                                               
the words  "not justified" creates  an automatic at fault  for an                                                               
officer. AACOP  also believes that  police already  have policies                                                               
and procedures that effectively deal  with this sort of incident,                                                               
and  it should  not be  governed by  statute. He  emphasized that                                                               
agencies are capable and do a good job of self-regulating.                                                                      
                                                                                                                                
CHAIR SHOWER commented  on the option to work together  to find a                                                               
bridge  or compromise  to  meet  the intent  of  the sponsor  and                                                               
assuage the concerns of law enforcement.                                                                                        
                                                                                                                                
5:43:20 PM                                                                                                                    
SENATOR GRAY-JACKSON expressed appreciation  for the comments and                                                               
stressed that  this and her other  bills were not trying  to take                                                               
control  away  from any  agency.  The  intent is  to  standardize                                                               
procedures in  statute. She highlighted  her high regard  for law                                                               
enforcement   and   her   longstanding   and   positive   working                                                               
relationship with APD.                                                                                                          
                                                                                                                                
CHAIR  SHOWER asked  Chief Mlynarik  to  comment on  the idea  of                                                               
working to find a compromise.                                                                                                   
                                                                                                                                
CHIEF MLYNARIK said  he would be willing to work  on a compromise                                                               
in  the language  and he  appreciated the  sponsor's concern  for                                                               
public safety.                                                                                                                  
                                                                                                                                
5:45:46 PM                                                                                                                    
MARK  PEARSON,  President,   Alaska  Peace  Officers  Association                                                               
(APOA), Soldotna,  Alaska, stated  that APOA represents  a number                                                               
of police organizations and departments  throughout the state. On                                                               
behalf  of APOA,  he  stated  opposition to  SB  4.  He said  the                                                               
collective belief  is that policing regulation  and certification                                                               
should  remain  with  the Alaska  Police  Standards  Council  and                                                               
within individual  departments. He  highlighted that APOA  sent a                                                               
letter to both the sponsor  and Senator Begich stating opposition                                                               
to a  suite of  bills that  included SB 4.  However, that  is not                                                               
reflected on BASIS.                                                                                                             
                                                                                                                                
5:47:21 PM                                                                                                                    
SENATOR REINBOLD joined the committee                                                                                           
                                                                                                                                
CHAIR SHOWER  commented that further  conversation with  APOA may                                                               
be a good idea to try to find common ground.                                                                                    
                                                                                                                                
5:47:50 PM                                                                                                                    
SENATOR GRAY-JACKSON stated that she  would reach out to APOA and                                                               
some of the agencies it represents to try come to consensus.                                                                    
                                                                                                                                
CHAIR SHOWER  offered to work with  both APOA and the  sponsor to                                                               
look for common ground.                                                                                                         
                                                                                                                                
MR. PEARSON thanked the committee for its time.                                                                                 
                                                                                                                                
5:48:53 PM                                                                                                                    
CHAIR SHOWER opened public testimony on SB 4.                                                                                   
                                                                                                                                
5:49:11 PM                                                                                                                    
RON   VIGIL,  President,   Alaska  Peace   Officers  Association,                                                               
Anchorage Chapter, Anchorage, Alaska, stated  that he has been in                                                               
law   enforcement  for   24  years   and  throughout   that  time                                                               
departments have followed  the U.S. Supreme Court  case Graham v.                                                               
Conner that determined that  an objective reasonableness standard                                                               
should apply  regarding the use  of force by law  enforcement. He                                                               
said  every department  trains  for and  uses  this standard.  He                                                               
offered  his professional  belief that  SB 4  was a  step in  the                                                               
wrong  direction and  did not  reflect the  unique circumstances,                                                               
the  training,  and the  professionalism  of  law enforcement  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR SHOWER restated the offer to  work with the sponsor and law                                                               
enforcement  agencies to  consider ideas  or compromise  language                                                               
that might be acceptable.                                                                                                       
                                                                                                                                
5:51:30 PM                                                                                                                    
CHAIR SHOWER  closed public testimony on  SB 4 and held  the bill                                                               
in committee.                                                                                                                   
                                                                                                                                
              SB 115-ADDRESS CONFIDENTIALITY PROGRAM                                                                        
                                                                                                                                
5:52:08 PM                                                                                                                    
CHAIR SHOWER announced  the consideration of SENATE  BILL NO. 115                                                               
"An Act  relating to confidentiality of  information; relating to                                                               
the  duties  of the  Department  of  Administration; creating  an                                                               
address confidentiality  program; and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
5:52:23 PM                                                                                                                    
SENATOR JESSE  KIEHL, Alaska  State Legislature,  Juneau, Alaska,                                                               
sponsor  of  SB 115,  stated  that  this legislation  creates  an                                                               
address confidentiality  program similar to what  41 other states                                                               
have done. He  recounted two stories to demonstrate  the need for                                                               
this  program.  The  first  was  about  a  survivor  of  domestic                                                               
violence who  got out of  a life-threatening marriage. She  had a                                                               
protective order  against her  abuser, moved to  a new  city, and                                                               
received her  mail at a post  office box. He noted  that this was                                                               
before  the days  of social  media.  Quite some  time later,  she                                                               
spotted her  abuser waiting in a  car outside the post  office in                                                               
her new  city. Senator Kiehl  said he  didn't want to  think what                                                               
might have happened if she hadn't  spotted her abuser. He said he                                                               
learned about the second story from  a friend who works in one of                                                               
the law  enforcement professions. It  is not public.  In summary,                                                               
this individual  and his family  were threatened and to  this day                                                               
he fears for his home and his family.                                                                                           
                                                                                                                                
5:53:00 PM                                                                                                                    
SENATOR  KIEHL  explained that  SB  115  is designed  to  balance                                                               
safety  for  those who  need  it  while maintaining  the  various                                                               
public records.  Survivors of domestic violence,  sexual assault,                                                               
stalking,  peace   officers,  and  correctional   officers  could                                                               
receive their mail - especially their  public records mail - at a                                                               
central state address.  That mail would then be  forwarded to the                                                               
individual's  actual mailing  address  that remains  confidential                                                               
and cannot be found through a  public records search by an abuser                                                               
or someone bent on revenge.                                                                                                     
                                                                                                                                
SENATOR  KIEHL  advised  that the  Department  of  Administration                                                               
would  host   the  program  and   that  mail  would  go   to  the                                                               
confidential address  for five  years after  the expiration  of a                                                               
protective order or  the work of a peace  officer or correctional                                                               
officer  ends.  He  committed  to   continue  to  work  with  the                                                               
department,  law enforcement,  correctional officers,  and victim                                                               
advocates  over  the Interim  to  fine  tune  the bill  for  next                                                               
session.  This work  will include  a cost  estimate based  on the                                                               
experience of  other states. He  said he  hopes the cost  will be                                                               
small, but it is a cost worth paying to keep Alaskans safe.                                                                     
                                                                                                                                
CHAIR SHOWER requested the sectional analysis.                                                                                  
                                                                                                                                
5:57:17 PM                                                                                                                    
EDRIC  CARRILLO,   Staff,  Senator  Jesse  Kiehl,   Alaska  State                                                               
Legislature,  Juneau, Alaska,  presented the  following sectional                                                               
analysis for SB 115.                                                                                                            
                                                                                                                                
     Sec. 1:  Updates court laws to  add confidentiality for                                                                  
     peace  officers and  state  and municipal  correctional                                                                    
     officers to existing laws for victims and witnesses                                                                        
                                                                                                                                
     Sec. 2: Personal address and  telephone number of peace                                                                  
     officers and correctional  officers are confidential in                                                                    
      court documents and must be redacted before release.                                                                      
                                                                                                                                
     Sec. 3: Personal address and  telephone number of peace                                                                  
     officers and correctional  officers are confidential in                                                                    
     open court and  cannot be placed in  court files unless                                                                    
     ordered by the court.                                                                                                      
                                                                                                                                
5:57:55 PM                                                                                                                    
     Sec.  4:  Defines   state  and  municipal  correctional                                                                  
     officers.                                                                                                                  
                                                                                                                                
     Sec.  5:  Assigns the  duty  to  administer an  address                                                                  
     confidentiality   program   to    the   Department   of                                                                    
     Administration.                                                                                                            
                                                                                                                                
     Sec.  6:  Creates  the   new  program,  describing  its                                                                  
     purpose, requiring  a Post Office  Box as  a substitute                                                                    
     mailing  address  for   enrollees,  and  requiring  the                                                                    
     department   to   adopt   regulations.   This   section                                                                    
     describes  eligibility,  requires state  and  municipal                                                                    
     agency to accept the P.O.  Box, and describes the five-                                                                    
     year eligibility period.   It lays out  how that period                                                                    
     may  be  extended  and   forbids  the  department  from                                                                    
     charging  a fee.  The section  allows  a peace  officer                                                                    
     access to an enrollee's  personal address with a search                                                                    
     warrant  and   establishes  penalties   for  unlawfully                                                                    
     revealing a protected individual's address.                                                                                
                                                                                                                                
     Sec.  7:  Establishes  a   transition  period  for  the                                                                  
     department to adopt regulations to implement the bill.                                                                     
                                                                                                                                
     Sec.  8:  Sets  an  immediate effective  date  for  the                                                                  
     process to adopt regulations.                                                                                              
                                                                                                                                
     Sec. 9: Sets an effective date  of Feb. 1, 2022 for the                                                                  
     rest of the bill.                                                                                                          
                                                                                                                                
5:59:14 PM                                                                                                                    
SENATOR COSTELLO asked if the bill had a provision to protect                                                                   
the addresses of individuals on the permanent fund dividend and                                                                 
voter registration rolls.                                                                                                       
                                                                                                                                
SENATOR KIEHL  replied, the bill  does not change  the underlying                                                               
law  on  those  addresses  but  a  person  participating  in  the                                                               
registry  could   use  the  state  protected   address  on  their                                                               
application.                                                                                                                    
                                                                                                                                
6:00:30 PM                                                                                                                    
SENATOR  HOLLAND  asked   if  any  group  was   opposed  to  this                                                               
legislation.                                                                                                                    
                                                                                                                                
SENATOR  KIEHL answered  that  his office  had  not received  any                                                               
opposition, he was  not expecting any opposition,  and his office                                                               
was working to make the cost acceptable.                                                                                        
                                                                                                                                
6:01:22 PM                                                                                                                    
CHAIR SHOWER  asked if any  consideration was given  to including                                                               
other categories  of individuals  such as judges  or if  the bill                                                               
was a model legislation.                                                                                                        
                                                                                                                                
MR. CARRILLO  answered that  the research  so far  indicates that                                                               
the question has  been considered but nothing has come  of it. He                                                               
offered to follow up.                                                                                                           
                                                                                                                                
CHAIR  SHOWER commented  that there  may be  other categories  of                                                               
individuals that  would benefit from  being included. He  said he                                                               
liked  the idea  and would  suggest casting  the net  as wide  as                                                               
possible.                                                                                                                       
                                                                                                                                
SENATOR REINBOLD suggested doing  a risk benefit analysis because                                                               
the list could become very broad.                                                                                               
                                                                                                                                
CHAIR SHOWER said he agrees but the concept is solid.                                                                           
                                                                                                                                
SENATOR KIEHL said  he would include those items  in the analysis                                                               
and the work with the department  over the Interim. He noted that                                                               
when   he  introduced   similar  legislation   in  the   previous                                                               
legislature   someone  made   the  insightful   observation  that                                                               
regardless  of  the  requirements, the  department  cannot  erase                                                               
somebody's Facebook page and other  online records. Using himself                                                               
as an  example, he said  he constantly  posts on social  media as                                                               
part  of his  interaction  with friends  and  constituents so  he                                                               
would not  benefit from  this registry.  However, the  people who                                                               
will benefit are  those who are seriously  guarding their privacy                                                               
daily from a  major, violent threat. He reiterated  that he would                                                               
look at the other categories as part of the analysis.                                                                           
                                                                                                                                
CHAIR SHOWER turned to invited testimony.                                                                                       
                                                                                                                                
6:06:18 PM                                                                                                                    
MATTHEW DUBOIS,  representing self,  Juneau, Alaska,  stated that                                                               
he has  been a police  officer with the Juneau  Police Department                                                               
(JPD) since 2007,  he is a member of the  Public Safety Employees                                                               
Association (PSEA)  union, and he sits  on the board. He  said he                                                               
was speaking in favor of SB  115, and he had personal examples to                                                               
support that position.  The first was when  a corrections officer                                                               
contacted him  to relay information  he heard while  monitoring a                                                               
violent felon's prison phone  conversation. The individual stated                                                               
his intention  to look up  Officer DuBois's home address  when he                                                               
was released  from jail  and cause him  harm. The  second example                                                               
relates to  what is  called extra patrol.  This is  when officers                                                               
drive  by  another  officer's home  because  they  have  received                                                               
serious threats.  He related that  another alarming  incident was                                                               
learning about a webpage that  had profiles of police officers in                                                               
Fairbanks and  North Pole. The  data included the  officers' home                                                               
addresses, phone  numbers, where their spouses  worked, and where                                                               
their children  went to  school. He concluded  that SB  115 would                                                               
not only  protect the groups listed  in the bill, but  also their                                                               
families.                                                                                                                       
                                                                                                                                
SENATOR KIEHL  restated his commitment  to continue to  work with                                                               
the  people in  law enforcement,  the victim  community, and  the                                                               
department to refine the bill.                                                                                                  
                                                                                                                                
6:09:40 PM                                                                                                                    
CHAIR SHOWER opened public testimony  on SB 115; finding none, he                                                               
closed public  testimony and advised that  public testimony could                                                               
be submitted to [email protected].                                                                                                 
                                                                                                                                
[SB 115 was held in committee.]                                                                                                 
                                                                                                                                
               SB 83-ELECTIONS; VOTING; BALLOT REQS                                                                         
                                                                                                                                
6:10:01 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 83                                                               
"An Act  relating to  elections; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
CHAIR SHOWER stated he was  extending the amendment period for SB
83. He  noted who  was available to  answer questions,  but found                                                               
none.                                                                                                                           
                                                                                                                                
6:11:01 PM                                                                                                                    
CHAIR SHOWER held SB 83 in committee.                                                                                           
                                                                                                                                
         HB   3-DEFINITION OF "DISASTER": CYBERSECURITY                                                                     
                                                                                                                                
6:11:08 PM                                                                                                                    
CHAIR SHOWER  announced the  consideration of  CS FOR  HOUSE BILL                                                               
NO. 3(JUD) "An Act relating to the definition of 'disaster.'"                                                                   
                                                                                                                                
He noted  that this was  the second hearing and  public testimony                                                               
was closed. He asked the sponsor if she had any comments.                                                                       
                                                                                                                                
6:11:46 PM                                                                                                                    
REPRESENTATIVE DELENA JOHNSON,  Alaska State Legislature, Juneau,                                                               
Alaska, sponsor of  HB 3, advised that a  representative from the                                                               
Court System  was available  to answer  questions about  how [the                                                               
recent  cybersecurity  breach]  affected the  Court  System.  She                                                               
deferred further comment to her staff, Eric Cordero.                                                                            
                                                                                                                                
6:12:28 PM                                                                                                                    
ERIC CORDERO,  Staff Representative DeLana Johnson,  Alaska State                                                               
Legislature,  Juneau, Alaska,  offered  to  answer any  lingering                                                               
questions about HB 3.                                                                                                           
                                                                                                                                
SENATOR COSTELLO stated  support for the bill and  asked if other                                                               
states had added cybersecurity into their disaster statutes.                                                                    
                                                                                                                                
MR.  CORDERRO  answered  that  a number  of  states  have  listed                                                               
cybersecurity in  their disaster  statutes and the  Department of                                                               
Homeland Security is encouraging all  states to be more proactive                                                               
in protecting  against cyber threats.  He noted  that Legislative                                                               
Legal  Services suggested  the legislature  clarify the  disaster                                                               
statute after it removed the  reference to manmade causes several                                                               
years ago.                                                                                                                      
                                                                                                                                
CHAIR SHOWER commented  on the times the state  has been breached                                                               
the  last  several  years,  including  elections  and  the  Court                                                               
System. He listed the individuals available to answer questions.                                                                
                                                                                                                                
SENATOR REINBOLD asked  if a disaster can be declared  based on a                                                               
cyber  [attack].  She added  that  she  was  "kind of  done  with                                                               
disaster declarations and emergency declarations right now."                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  answered that  everyone is  probably sick                                                               
and tired of what's happened in  the last year, but it has caused                                                               
a greater understanding of the  declaration of disaster than when                                                               
she  initially introduced  the  bill nearly  two  years ago.  She                                                               
deferred further response to Mr. Corderro.                                                                                      
                                                                                                                                
MR.   CORDERRO  explained   that   the  language   in  the   bill                                                               
specifically refers  to a credible immanent  threat of widespread                                                               
damage  to critical  infrastructure  due to  a  cyber attack.  He                                                               
noted that  Nancy Mead could  comment on the recent  cyber attack                                                               
on the Court System database.                                                                                                   
                                                                                                                                
6:16:54 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative   Director,  Alaska  Court   System,  Juneau,                                                               
Alaska, offered  her belief  that the  record might  benefit from                                                               
hearing about  the recent  widespread cyber  attack on  the Court                                                               
System  database. She  said it  has been  very difficult  to deal                                                               
with and  it has affected  the public because all  their websites                                                               
and CourtView are offline. A team  is working around the clock to                                                               
create workarounds and resolve the  issues. The court immediately                                                               
hired  a  security consultant  to  determine  the extent  of  the                                                               
attack  and the  expectation  is to  soon  enter the  remediation                                                               
phase.                                                                                                                          
                                                                                                                                
6:17:36 PM                                                                                                                    
MS.  MEADE said  many  people would  acknowledge  that the  Court                                                               
System is  critical to the  ongoing operations of the  state, and                                                               
it  was fortunate  that the  attack did  not completely  shut the                                                               
court down. Employees  have internal access to  email, but nobody                                                               
can email  the Court System and  employees have no access  to the                                                               
internet. She acknowledged  that the Court System  has some older                                                               
equipment that  made it vulnerable  and said the  monetary damage                                                               
is very  real. She advised  that she  spoke to the  sponsor about                                                               
letting the committee  and others know about what  an impact this                                                               
sort of attack can have.                                                                                                        
                                                                                                                                
CHAIR SHOWER said he understands  Senator Reinbold's comment, but                                                               
a cyber attack of a certain  scope and scale would certainly be a                                                               
disaster.                                                                                                                       
                                                                                                                                
He asked the sponsor if she had final comments.                                                                                 
                                                                                                                                
6:19:27 PM                                                                                                                    
REPRESENTATIVE  JOHNSON offered  her  belief that  the threat  of                                                               
cyber attacks would not decrease over time.                                                                                     
                                                                                                                                
CHAIR SHOWER commented that it is the world today.                                                                              
                                                                                                                                
SENATOR  REINBOLD said  she  had  to read  between  the lines  to                                                               
discern that  the answer was  "yes" and  that was a  concern. She                                                               
maintained that  terms such as "widespread"  and "infrastructure"                                                               
were not adequately  defined. She said she would not  try to slow                                                               
the bill,  but her recommendation  would be to amend  because the                                                               
bill needed sideboards.                                                                                                         
                                                                                                                                
CHAIR  SHOWER committed  to work  with  the sponsor  in the  next                                                               
committee of referral. He solicited a motion.                                                                                   
                                                                                                                                
6:21:32 PM                                                                                                                    
SENATOR REINBOLD  moved to report  HB 3, work  order 32-LS0041\W,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  SHOWER found  no objection  and CSHB  3(JUD) was  reported                                                               
from the Senate State Affairs Standing Committee.                                                                               
                                                                                                                                
        SJR 12-SOCIAL SECURITY BENEFIT REDUCTION REPEAL                                                                     
                                                                                                                                
6:21:57 PM                                                                                                                    
CHAIR  SHOWER   announced  the  consideration  of   SENATE  JOINT                                                               
RESOLUTION NO.  12 Urging  the United  States Congress  to repeal                                                               
the Windfall Elimination Provision  and Government Pension Offset                                                               
of the Social Security Act.                                                                                                     
                                                                                                                                
He  noted  that the  bill  was  previously heard,  the  amendment                                                               
period was past,  and public testimony was opened  and closed. He                                                               
asked the sponsor if he had final comments.                                                                                     
                                                                                                                                
6:22:18 PM                                                                                                                    
SENATOR  BILL  WIELECHOWSKI,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor of SJR 12,  said this is about fairness. Somebody                                                               
who  pays into  Social Security  through multiple  private sector                                                               
employers is not penalized but  somebody who works in the private                                                               
sector  and  moves to  a  public  sector  employer in  Alaska  is                                                               
penalized. It could  amount to $6,000 per year.  His office heard                                                               
from hundreds  of Alaskans  who have  been penalized.  Alaska has                                                               
the highest  percentage of people  in the U.S. who  are penalized                                                               
by  [the   Windfall  Elimination   Provision  (WEP)   and/or  the                                                               
Government   Pension   Offset   (GPO)].  This   includes   public                                                               
employees,  military  veterans,  firefighters,  police  officers,                                                               
nurses,  and teachers.  He emphasized  that  the resolution  will                                                               
cost  the state  nothing.  It  simply urges  Congress  to say  it                                                               
values the  public service  and it will  not penalize  people for                                                               
it.                                                                                                                             
                                                                                                                                
SENATOR HOLLAND  said he was  not opposed to the  resolution, but                                                               
he wondered what the cost would be at the federal level.                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  said  the   rough  math  would  be  12,000                                                               
Alaskans who are penalized up to  $6,000 per year. He pointed out                                                               
that this  was money that  people have put into  Social Security,                                                               
so it was a matter of fairness.                                                                                                 
                                                                                                                                
SENATOR HOLLAND clarified that he was not opposed to the bill.                                                                  
                                                                                                                                
CHAIR  SHOWER   found  no  further  questions   or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
6:25:08 PM                                                                                                                    
SENATOR REINBOLD moved to report  SJR 12, work order 32-LS0664\B,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR SHOWER found no objection and  SJR 12 was reported from the                                                               
Senate State Affairs Standing Committee.                                                                                        
                                                                                                                                
                   SB 91-DETENTION OF MINORS                                                                                
                                                                                                                                
6:25:33 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 91                                                               
"An  Act   relating  to  the   duties  of  the   commissioner  of                                                               
corrections;  relating to  the detention  of minors;  relating to                                                               
minors  subject to  adult courts;  relating to  the placement  of                                                               
minors  in adult  correctional facilities;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
[CSSB 91(HSS) was before the committee.]                                                                                        
                                                                                                                                
6:26:12 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:27:04 PM                                                                                                                    
CHAIR  SHOWER   reconvened  the  meeting  and   moved  Conceptual                                                               
Amendment 1 to SB 91.                                                                                                           
                                                                                                                                
                     CONCEPTUAL AMENDMENT 1                                                                                   
                                                                                                                                
      Adds a new Section 1 that amends AS 18.85.100(a) by                                                                       
           inserting "or at a review hearing under AS                                                                       
     47.12.105(f)" following "Child in Need of Aid Rules".                                                                  
                                                                                                                                
     Renumber subsequent sections.                                                                                              
                                                                                                                                
He read subsection (a) with the new language.                                                                                   
                                                                                                                                
SENATOR HOLLAND objected for discussion purposes.                                                                               
                                                                                                                                
6:28:22 PM                                                                                                                    
CHAIR SHOWER  asked Ms. Meade for  an explanation and why  it was                                                               
requested.                                                                                                                      
                                                                                                                                
6:28:29 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative   Director,  Alaska  Court   System,  Juneau,                                                               
Alaska, described the proposed  amendment as somewhat conforming.                                                               
She  directed attention  to  page  8, lines  25  and  26 of  CSSB
91(HSS), version  I. It  is the provision  about minors  who have                                                               
been waived  into adult  court. She explained  that if  the judge                                                               
determined  that   the  minor   should  be   held  in   an  adult                                                               
correctional facility, the minor is  entitled to a review hearing                                                               
every 30  days to  make sure  they still  need to  be held  in an                                                               
adult facility.  Lines 25  and 26  say the  minor is  entitled to                                                               
counsel at  the review  hearing and  the amendment  clarifies who                                                               
provides that  counsel. It authorizes  the public defender  to do                                                               
what the bill says a waived minor is entitled to have.                                                                          
                                                                                                                                
6:30:52 PM                                                                                                                    
CHAIR SHOWER  asked if  this had been  discussed with  the public                                                               
defender.                                                                                                                       
                                                                                                                                
MS. MEADE confirmed  that the public defender  had no opposition,                                                               
and the sponsor and administration were aware of this.                                                                          
                                                                                                                                
6:31:31 PM                                                                                                                    
SENATOR HOLLAND withdrew his objection.                                                                                         
                                                                                                                                
CHAIR SHOWER found no further  objection and Conceptual Amendment                                                               
1 passed. Finding no further  comments or questions, he solicited                                                               
a motion.                                                                                                                       
                                                                                                                                
6:32:03 PM                                                                                                                    
SENATOR REINBOLD  moved to  report SB 91  as amended,  work order                                                               
[32-GS1576\I]   as  amended,   from  committee   with  individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
6:32:43 PM                                                                                                                    
CHAIR SHOWER found no objection and CSSB 91(STA) was reported                                                                   
from the Senate State Affairs Standing Committee.                                                                               
                                                                                                                                
          SB 117-PROCUREMENT; CONSTRUCTION; CONTRACTS                                                                       
                                                                                                                                
6:33:05 PM                                                                                                                    
CHAIR SHOWER announced  the consideration of SENATE  BILL NO. 117                                                               
"An Act relating to the  state procurement code; establishing the                                                               
construction manager  general contractor procurement  method; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR SHOWER he asked if there were questions or comments.                                                                      
                                                                                                                                
6:33:30 PM                                                                                                                    
SENATOR REINBOLD asked for a high-level summary of the bill.                                                                    
                                                                                                                                
CHAIR SHOWER read the transmittal letter.                                                                                       
                                                                                                                                
6:35:45 PM                                                                                                                    
SENATOR REINBOLD asked if this aligns with federal code.                                                                        
                                                                                                                                
CHAIR SHOWER answered yes.                                                                                                      
                                                                                                                                
SENATOR COSTELLO said she always appreciates the analysis on the                                                                
fiscal note. She read the last paragraph that read as follows:                                                                  
                                                                                                                                
     The   department's   experience   is  that   the   CMGC                                                                    
     contracting   method   produces  decreased   contractor                                                                    
     change  orders  and  quicker  project  completion  and,                                                                    
     therefore, will  result in an unknown  savings in staff                                                                    
     time and leveraging of departmental resources.                                                                             
                                                                                                                                
SENATOR COSTELLO said the department has been using this method                                                                 
and she would urge the committee to pass the bill.                                                                              
                                                                                                                                
CHAIR SHOWER thanked her for the input.                                                                                         
                                                                                                                                
6:37:26 PM                                                                                                                    
SENATOR HOLLAND said he was not opposed to the bill.                                                                            
                                                                                                                                
CHAIR SHOWER solicited a motion.                                                                                                
                                                                                                                                
6:37:57 PM                                                                                                                    
SENATOR REINBOLD moved to report SB 117, work order 32-GS1579\A,                                                                
from committee with individual recommendations and attached                                                                     
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR SHOWER found no objection and SB 117 was reported from the                                                                
Senate State Affairs Standing Committee.                                                                                        
                                                                                                                                
6:38:48 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Shower adjourned the Senate State Affairs Standing                                                                        
Committee meeting at 6:38 p.m.