ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        January 28, 2022                                                                                        
                           1:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Roger Holland, Chair                                                                                                    
Senator Mike Shower, Vice Chair                                                                                                 
Senator Shelley Hughes                                                                                                          
Senator Robert Myers                                                                                                            
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative James Kaufman                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 19                                                                                                  
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to an appropriation limit.                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 129                                                                                                             
"An Act relating to information on judicial officers provided in                                                                
election pamphlets."                                                                                                            
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3(JUD)                                                                                  
"An Act relating to the definition of 'disaster.'"                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 155                                                                                                              
"An  Act  relating  to   court-appointed  visitors  and  experts;                                                               
relating  to  the powers  and  duties  of  the office  of  public                                                               
advocacy; relating to  the powers and duties of  the Alaska Court                                                               
System; and providing for an effective date."                                                                                   
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 19                                                                                                                  
SHORT TITLE: CONST. AM: APPROP LIMIT                                                                                            
SPONSOR(s): SENATOR(s) MYERS                                                                                                    
                                                                                                                                
01/18/22       (S)       PREFILE RELEASED 1/7/22                                                                                
01/18/22       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/22       (S)       JUD, FIN                                                                                               
01/28/22       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 129                                                                                                                  
SHORT TITLE: ELECTION PAMPHLET INFORMATION RE: JUDGES                                                                           
SPONSOR(s): SENATOR(s) MYERS                                                                                                    
                                                                                                                                
04/21/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/21/21       (S)       JUD, STA                                                                                               
05/05/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
05/05/21       (S)       Heard & Held                                                                                           
05/05/21       (S)       MINUTE(JUD)                                                                                            
05/12/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
05/12/21       (S)       Scheduled but Not Heard                                                                                
05/14/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
05/14/21       (S)       -- MEETING CANCELED --                                                                                 
01/28/22       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB   3                                                                                                                  
SHORT TITLE: DEFINITION OF "DISASTER": CYBERSECURITY                                                                            
SPONSOR(s): REPRESENTATIVE(s) JOHNSON                                                                                           
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       STA, JUD                                                                                               
02/23/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/21       (H)       Heard & Held                                                                                           
02/23/21       (H)       MINUTE(STA)                                                                                            
03/02/21       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/02/21       (H)       Moved CSHB 3(STA) Out of Committee                                                                     
03/02/21       (H)       MINUTE(STA)                                                                                            
03/08/21       (H)       STA RPT CS(STA) 1DP 1NR 5AM                                                                            
03/08/21       (H)       DP: KREISS-TOMKINS                                                                                     
03/08/21       (H)       NR: TARR                                                                                               
03/08/21       (H)       AM: CLAMAN, STORY, EASTMAN, VANCE,                                                                     
                         KAUFMAN                                                                                                
03/10/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/10/21       (H)       Heard & Held                                                                                           
03/10/21       (H)       MINUTE(JUD)                                                                                            
03/15/21       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
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                                                                           
05/06/21       (S)       Moved CSHB 3(JUD) Out of Committee                                                                     
05/06/21       (S)       MINUTE(STA)                                                                                            
05/07/21       (S)       STA RPT 2DP 1NR 1AM                                                                                    
05/07/21       (S)       NR: SHOWER                                                                                             
05/07/21       (S)       DP: HOLLAND, COSTELLO                                                                                  
05/07/21       (S)       AM: REINBOLD                                                                                           
05/12/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
05/12/21       (S)       Scheduled but Not Heard                                                                                
05/14/21       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
05/14/21       (S)       -- MEETING CANCELED --                                                                                 
01/28/22       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAELLA ANDERSON, Staff                                                                                                       
Senator Robert Myers                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SJR 19 on behalf of the sponsor.                                                                
                                                                                                                                
THERESA WOLSTAD, Staff                                                                                                          
Senator Robert Myers                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented SB 129 on behalf of the sponsor.                                                                
                                                                                                                                
DAVID IGNELL, representing self                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:   Testified   that   Alaska   Natives   are                                                             
underrepresented in the judicial branch  during the hearing on SB                                                               
129.                                                                                                                            
                                                                                                                                
SUSANNE DIPIETRO, Executive Director                                                                                            
Alaska Judicial Council                                                                                                         
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the  hearing on SB                                                             
129.                                                                                                                            
                                                                                                                                
MICHAELA THOMPSON, Administrative Operations Manager                                                                            
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions during the  hearing on SB                                                             
129.                                                                                                                            
                                                                                                                                
REPRESENTATIVE DELENA JOHNSON                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 3.                                                                                          
                                                                                                                                
ERICK CORDERO, Staff                                                                                                            
Representative Delena Johnson                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented  the sectional analysis on  HB 3 on                                                             
behalf of the sponsor.                                                                                                          
                                                                                                                                
PAULA VRANA, Commissioner Designee                                                                                              
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3 on behalf of the administration.                                                                                              
                                                                                                                                
BRYAN FISHER, Director                                                                                                          
Alaska Division of Homeland Security and Emergency Management                                                                   
Department of Military and Veterans Affairs                                                                                     
Joint Base Elmendorf-Richardson (JBER), Alaska                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3.                                                                                                                              
                                                                                                                                
CHRIS LETTERMAN                                                                                                                 
Chief Information Security Officer                                                                                              
Office of Information Technology                                                                                                
Department of Administration                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3.                                                                                                                              
                                                                                                                                
PETER HOUSE, IT Security Expert                                                                                                 
Deeptree, Inc.                                                                                                                  
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3.                                                                                                                              
                                                                                                                                
ERIK WYATT, IT Director                                                                                                         
Matanuska-Susitna Borough (MSB)                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3.                                                                                                                              
                                                                                                                                
NILS ANDREASSEN, Executive Director                                                                                             
Alaska Municipal League (AML)                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony in  support of HB                                                             
3.                                                                                                                              
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:30:45 PM                                                                                                                    
CHAIR  ROGER   HOLLAND  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:30  p.m. Present at the  call to                                                               
order  were  Senators Kiehl,  Myers,  Hughes,  Shower, and  Chair                                                               
Holland.                                                                                                                        
                                                                                                                                
CHAIR  HOLLAND  recognized  Representative  Kaufman  was  in  the                                                               
audience.                                                                                                                       
                                                                                                                                
                 SJR 19-CONST. AM: APPROP LIMIT                                                                             
                                                                                                                                
1:31:36 PM                                                                                                                    
CHAIR  HOLLAND  announced  the   consideration  of  SENATE  JOINT                                                               
RESOLUTION NO.  19, Proposing amendments  to the  Constitution of                                                               
the State of Alaska relating to an appropriation limit.                                                                         
                                                                                                                                
1:32:09 PM                                                                                                                    
SENATOR  MYERS,   speaking  as  the  sponsor,   stated  that  the                                                               
committee  heard Senate  Joint  Resolution 301  during the  third                                                               
special session. He noted that  SJR 19 incorporated the identical                                                               
language from that resolution.                                                                                                  
                                                                                                                                
1:32:26 PM                                                                                                                    
MICHAELLA  ANDERSON, Staff,  Senator Robert  Myers, Alaska  State                                                               
Legislature,  Juneau, Alaska,  on behalf  of the  sponsor, stated                                                               
that  as  SJR  19  is  identical to  the  language  in  committee                                                               
substitute  (CS) Senate  Joint Resolution  301 (JUD)  that passed                                                               
out of committee in the third special session.                                                                                  
                                                                                                                                
MS. ANDERSON  summarized SJR 19.  This appropriation  limit would                                                               
effectively be  14 percent  of the  five-year rolling  average of                                                               
the personal income  of Alaskan private employees.  The income of                                                               
state and local government employees  would not contribute to the                                                               
calculation, nor would the limit  include permanent fund dividend                                                               
income.                                                                                                                         
                                                                                                                                
MS. ANDERSON stated the exceptions to the limit:                                                                                
                                                                                                                                
     Exceptions  to the  limit would  include appropriations                                                                    
     for    payment    of    permanent    fund    dividends,                                                                    
     appropriations   to   the    Alaska   Permanent   Fund,                                                                    
     appropriations from federal  funds, appropriations from                                                                    
     other  nonstate sources  and trusts  such as  corporate                                                                    
     receipts,   appropriations   to   oblige   a   disaster                                                                    
     declaration, appropriations  to pay off  revenue bonds,                                                                    
     appropriations  to state  accounts or  funds that  have                                                                    
     subsequent  appropriations from  the accounts,  such as                                                                    
     the   constitutional   or  statutory   budget   reserve                                                                    
     accounts,  and  general  obligation  bonds.  The  limit                                                                    
     could be exceeded  to fund capital projects  with a 2/3                                                                    
     vote of each body.                                                                                                         
                                                                                                                                
1:33:54 PM                                                                                                                    
MS. ANDERSON explained  that the spending cap would  need to pass                                                               
by  constitutional   amendment  standards  in  both   bodies  and                                                               
subsequently require  voter approval. If approved  by the voters,                                                               
the  legislature  could approve  the  spending  cap by  a  simple                                                               
majority  vote of  the legislature.  However, the  spending limit                                                               
could never exceed 14 percent.                                                                                                  
                                                                                                                                
MS. ANDERSON  stated that  the purpose of  the spending  limit is                                                               
not  to ratchet  down current  spending  but rather  to create  a                                                               
meaningful spending  cap when the  state has  additional revenue,                                                               
such  as oil  revenue. It  would  smooth out  future spending  to                                                               
prevent  overspending and  save those  excess funds  for a  rainy                                                               
day. It  would also  smooth out  capital budget  expenditures and                                                               
prevent spikes for infrastructure  maintenance when the state may                                                               
not  have the  funds to  do  so. SJR  19 would  also help  create                                                               
predictability for the construction industry.                                                                                   
                                                                                                                                
MS. ANDERSON noted  that Alexei Painter was online  to answer any                                                               
technical questions.                                                                                                            
                                                                                                                                
1:34:49 PM                                                                                                                    
CHAIR  HOLLAND stated  his intention  to set  aside SJR  19 until                                                               
next week after committee discussions.                                                                                          
                                                                                                                                
1:35:03 PM                                                                                                                    
SENATOR  SHOWER  noted that  three  Fiscal  Policy Working  Group                                                               
(FPWG)  members also  serve on  this committee.  He asked  him to                                                               
compare the proposed  constitutional spending limit in  SJR 19 to                                                               
the Fiscal Policy Working Group's  recommendations for a spending                                                               
cap.                                                                                                                            
                                                                                                                                
1:36:04 PM                                                                                                                    
SENATOR MYERS  said he did not  have the FPWG report  in front of                                                               
him. Still,  he recalled  that the  report recommended  the state                                                               
institute a  reasonable spending cap without  specifying details.                                                               
He  stated that  Representative  Kaufman  suggested the  original                                                               
concept. He expressed his preference  for SJR 19's approach for a                                                               
spending cap  because it  would not  immediately put  pressure on                                                               
the state's  budget. He noted  the legislature  has appropriating                                                               
authority for  the budget.  The point  of the cap  is to  avoid a                                                               
run-up  in future  spending.  He said  if  the state  experienced                                                               
another  boom similar  to the  one from  2006 to  2014, it  would                                                               
force the  state to save  more revenue and constrain  spending to                                                               
diminish issues  when the boom  is over. He highlighted  that the                                                               
state's  economy  has been  based  on  oil revenue  historically.                                                               
Since that industry tends to be  boom or bust, it has resulted in                                                               
boom or  bust state spending,  with the bust  portion challenging                                                               
to navigate.                                                                                                                    
                                                                                                                                
1:37:31 PM                                                                                                                    
SENATOR   MYERS  explained   that   the  state's   constitutional                                                               
appropriation limit or spending cap  was initially based on Gross                                                               
Domestic  Product  (GDP).  He  stated  that  this  proposal  uses                                                               
personal  income  tied  directly   to  the  state's  economy.  He                                                               
predicted the  state will  face a  dilemma because  a substantial                                                               
amount of the  state's budget would be based  on Alaska Permanent                                                               
Fund income.  However, the state  no longer  has a direct  tie to                                                               
the states' economy. Other states'  tax revenue provides links to                                                               
their economies.  If these  states suffer  a downturn,  their tax                                                               
revenue diminishes. This provides  these states with an incentive                                                               
to ensure  that their economies  do well. As Alaska  becomes more                                                               
removed  from  any ties  to  its  economy, the  state's  spending                                                               
correlates more  with what is  happening in the stock  market. He                                                               
and  Representative  Kaufman wanted  to  ensure  that Alaska  has                                                               
incentives  to ensure  that state  government finances  are doing                                                               
well and that Alaskans prosper.                                                                                                 
                                                                                                                                
1:38:59 PM                                                                                                                    
SENATOR  MYERS  explained  that  under SJR  19,  if  the  state's                                                               
economy does not  grow, it will limit  state government spending.                                                               
As the  state's economy  grows, the  state can  grow with  it. As                                                               
Alaska's  economy grows,  especially during  resource booms,  the                                                               
state could  add state services  such as more police  and schools                                                               
needed  because  of  population growth.  Thus,  the  tie  between                                                               
personal income and the state's economy is necessary.                                                                           
                                                                                                                                
1:39:49 PM                                                                                                                    
SENATOR  SHOWER asked  how  closely he  had  followed the  Fiscal                                                               
Policy Work  Group (FPWG).  He offered to  talk offline  with the                                                               
sponsor  to   tie  the  structure   in  SJR  19  to   the  FPWG's                                                               
recommendations.                                                                                                                
                                                                                                                                
1:41:03 PM                                                                                                                    
SENATOR  HUGHES  acknowledged  that  the  FPWG's  recommendations                                                               
included  adopting  a  meaningful  spending cap.  She  said  that                                                               
"meaningful" meant  that the  spending cap  would need  to endure                                                               
over   time.   She  appreciated   that   this   proposal  was   a                                                               
constitutional  amendment rather  than  a  statutory change.  She                                                               
noted some colleagues  were leaning towards a  statutory fix. She                                                               
expressed  concern that  allowing the  legislature to  change the                                                               
percentage may  conflict with  the Alaska  Constitution's express                                                               
authority for  legislative appropriation.  She asked  whether the                                                               
sponsor  consulted   with  Legislative  Legal  Services   or  the                                                               
Department  of  Law on  whether  the  legislature would  need  to                                                               
adhere to  the 14  percent if SJR  19 were to  pass, and  that it                                                               
could not veer away from it.                                                                                                    
                                                                                                                                
SENATOR MYERS said  the committee addressed that  issue last fall                                                               
in  Senate   Joint  Resolution  301.  The   committee  passed  an                                                               
amendment  to  ensure  that  the  legislature  could  adjust  the                                                               
percentage under two  conditions. First, it would need  to pass a                                                               
bill that  is not an  appropriation bill. This would  prevent the                                                               
legislature  from overriding  the spending  limit by  passing the                                                               
budget.  Second, the  current 14  percent  in SJR  14 creates  an                                                               
upper limit. The legislature could  ratchet it down, but it could                                                               
never exceed the 14 percent limit.                                                                                              
                                                                                                                                
1:43:35 PM                                                                                                                    
SENATOR HUGHES asked how he arrived at the 14 percent limit.                                                                    
                                                                                                                                
1:43:52 PM                                                                                                                    
SENATOR  MYERS  referred  to  a  PowerPoint,  slide  2,  Proposed                                                               
Constitutional  Appropriation  Limits   Based  on  State  Private                                                               
Personal  Income.   He  explained  that   Representative  Kaufman                                                               
originally  suggested tying  the 14  percent limit  to the  Gross                                                               
Domestic  Product  (GDP).  He  offered his  view  that  using  14                                                               
percent gave the  state a fair amount of headroom.   However, the                                                               
vast majority of  the headroom disappeared when SJR  19 was based                                                               
on personal income. Although the  spending limit was tighter than                                                               
initially planned,  it is  still above  last year's  spending and                                                               
this year's proposed spending.                                                                                                  
                                                                                                                                
1:44:31 PM                                                                                                                    
SENATOR  KIEHL stated  that he  compromised on  the spending  cap                                                               
during  the FPWG  deliberations  when the  committee changed  the                                                               
proposed state spending  limit in the third  special session when                                                               
discussing  Senate Joint  Resolution  301.  He characterized  the                                                               
amendments adopted in that legislation  as putting the state in a                                                               
"not debilitating" position. That  language was incorporated into                                                               
SJR  19.   He  recalled  the   overall  effect  would   give  the                                                               
legislature an  estimated "headroom" of $600,000  to $700,000. He                                                               
asked if that was correct.                                                                                                      
                                                                                                                                
1:46:19 PM                                                                                                                    
SENATOR MYERS responded that it  sounded right, but he offered to                                                               
double-check the figures.                                                                                                       
                                                                                                                                
SENATOR  KIEHL suggested  that the  committee tweak  it a  little                                                               
since the  spending cap could  never exceed the 14  percent upper                                                               
limit.                                                                                                                          
                                                                                                                                
1:46:47 PM                                                                                                                    
CHAIR HOLLAND held SJR 19 in committee.                                                                                         
                                                                                                                                
        SB 129-ELECTION PAMPHLET INFORMATION RE: JUDGES                                                                     
                                                                                                                              
1:47:07 PM                                                                                                                    
CHAIR  HOLLAND announced  the consideration  of  SENATE BILL  NO.                                                               
129,  "An  Act  relating  to  information  on  judicial  officers                                                               
provided in election pamphlets."                                                                                                
                                                                                                                                
[The committee previously heard SB 129 on 5/5/21.]                                                                              
                                                                                                                                
1:47:27 PM                                                                                                                    
SENATOR  MYERS,   speaking  as  the  sponsor,   stated  that  the                                                               
committee heard SB  129 last year. He asked his  staff to present                                                               
the bill.                                                                                                                       
                                                                                                                                
1:47:51 PM                                                                                                                    
THERESA  WOLSTAD,  Staff,  Senator  Robert  Myers,  Alaska  State                                                               
Legislature,  Juneau, Alaska,  on behalf  of the  sponsor, stated                                                               
that based  on input  from the initial  hearing and  working with                                                               
the Alaska  Judicial Council, the  sponsor developed  a committee                                                               
substitute  (CS) for  SB  129,  Version O,  [not  yet before  the                                                               
committee as a working document].                                                                                               
                                                                                                                                
1:48:38 PM                                                                                                                    
MS.  WOLSTAD   refreshed  the  committees   recall   of  SB  129,                                                               
paraphrasing the sponsor statement. It read as follows:                                                                         
                                                                                                                                
[Original punctuation provided]:                                                                                                
                                                                                                                                
     The framers  of the  Alaska Constitution  established a                                                                    
     three-part judicial  merit selection  retention system.                                                                    
     Version O focuses on the third phase of that system.                                                                       
                                                                                                                                
     The  Judicial  Council conducts  extensive  performance                                                                    
     evaluations, interviews,  public hearings,  and surveys                                                                    
     to assess judicial  integrity, diligence, impartiality,                                                                    
     legal  ability, and  administrative  skills. Given  the                                                                    
     wealth of public information  collected by the Judicial                                                                    
     Council, it  is the  goal of this  proposed legislation                                                                    
     to increase  the information  readily available  to the                                                                    
     public to  foster informed and knowledgeable  voters in                                                                    
     terms of judicial retention elections.                                                                                     
                                                                                                                                
     The   judicial   retention    election   provides   the                                                                    
     electorate  critical   information  to   make  informed                                                                    
     decisions  regarding  judicial   retention.  This  will                                                                    
     provide accountability of judicial  officers as well as                                                                    
     strength public trust.                                                                                                     
                                                                                                                                
CHAIR HOLLAND asked Ms. Wolstad to explain the changes from the                                                                 
original language in Version B of SB 129 to Version O, [not yet                                                                 
before the committee].                                                                                                          
                                                                                                                                
1:49:59 PM                                                                                                                    
MS. WOLSTAD paraphrased the changes from SB 129 Version B to                                                                    
Version O.                                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Section  1  Adds  a new  section  to  AS  15.58.030(g).                                                                  
     Material filed by a candidate for election pamphlet.                                                                     
     New section  broadens information that may  be filed by                                                                    
     a person  seeking retention in  office as a  justice or                                                                    
     judge.  Clarifies information  that may  be filed  by a                                                                    
     person  seeking retention  in office  as  a justice  or                                                                    
     judge and establishes a 300-word limit.                                                                                    
        • Adds information regarding residency of the                                                                           
          justice or judge.                                                                                                     
        • Adds information regarding military service of                                                                        
          the justice or judge.                                                                                                 
        • Adds   information    regarding     professional                                                                      
          activities of the justice or judge, including                                                                         
          public outreach and administrative activities.                                                                        
        • Adds any additional information that the justice                                                                      
          or judge would like to publish to support the                                                                         
          justice or judge's candidacy.                                                                                         
                                                                                                                                
1:50:56 PM                                                                                                                    
     Section    2:    AS    15.58.050.    Information    and                                                                  
     recommendations on judicial officers.                                                                                    
     Section   is  amended   to  distinguishes   information                                                                    
     requirements for  justices and judges that  are subject                                                                    
     to   retention  election   for  the   first  time   and                                                                    
     individuals seeking continued retention.                                                                                   
                                                                                                                              
   Information requirements for judges seeking continued                                                                      
   retention.                                                                                                                 
     • Added information requirements.                                                                                          
        • (A) Statement describing the professional philosophy                                                                  
          not exceeding 150 words.                                                                                              
        • (E) Rating of justice or judge by law enforcement                                                                     
          officers, attorneys, court employees, jurors.                                                                         
        • (F) Number of decisions that were appealed and the                                                                    
          rate at which the decisions of the justice or judge                                                                   
          were affirmed."                                                                                                       
        • (G)  a description of any public disciplinary                                                                         
          proceedings against the justice or judge.                                                                             
        • (H)  Self-assessment evaluating the individual's                                                                      
          judicial performance, not to exceed 250 words.                                                                        
                                                                                                                                
1:51:53 PM                                                                                                                    
MS. WOLSTAD continued to paraphrase the changes from SB 129 to                                                                  
Version O.                                                                                                                      
                                                                                                                                
     • Amended information requirements include:                                                                                
        • Amend (A), "law school from which the justice or judge                                                                
          graduated" to (B) "a description of the judicial,                                                                     
          legal, or other education."                                                                                           
        • Amend (B), "primary practices areas of the justice or                                                                 
          judge before appointment" to (C) "description of                                                                      
          professional business experience and positions in the                                                                 
          preceding 10 years."                                                                                                  
        • Amend (G) "organizations in which the justice or judge                                                                
          is a current member" to (D) "a list of service                                                                        
          organization with which the justice or judge is                                                                       
          affiliated."                                                                                                          
     • Removed information requirements included pro bono work.                                                                 
        • Remove (D),  pro bono work has been removed for                                                                       
          justices or judges.                                                                                                   
                                                                                                                                
1:52:50 PM                                                                                                                    
     • Information requirements for justices seeking continued                                                                
        retention.                                                                                                            
        • Information required includes material described for a                                                                
          judge that is subject to a retention election except                                                                  
          the number of decisions that were appealed and the                                                                    
          rate at which the decisions that were affirmed.                                                                       
                                                                                                                                
   • Information requirements for justice or judge standing for                                                               
     retention for the first time.                                                                                            
        • Amended and merged (E) "elected offices held by the                                                                   
          justice or judge" and (F) "political party offices                                                                    
          held by justices or judge" to (A) "previous political                                                                 
         and governmental positions held, including any                                                                         
          political office held."                                                                                               
        • Amends (B) "the primary practice areas of the justice                                                                 
          or judge before appointment, including the percentage                                                                 
          of the justice's or judge's pre-appointment career                                                                    
          spent as a trial lawyer" to (B) "the justice's or                                                                     
          judge's primary practice areas before appointment,                                                                    
          including the approximate percentage of the justice's                                                                 
          or judge's pre-appointment career spent as a trial                                                                    
          lawyer."                                                                                                              
        • Amend (H) "clients and employers of members of the                                                                    
          justices' or judge's household" to "types of clients                                                                  
          the justice or judge represented before appointment"                                                                  
                                                                                                                                
MS.  WOLSTAD observed  that there  was  a significant  difference                                                               
between the original of SB 129 and Version O.                                                                                   
                                                                                                                                
1:54:46 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:55:08 PM                                                                                                                    
CHAIR HOLLAND reconvened the meeting  and opened public testimony                                                               
on SB 129.                                                                                                                      
                                                                                                                                
1:55:58 PM                                                                                                                    
DAVID IGNELL,  representing self, Juneau, Alaska,  stated that he                                                               
started the  website "Powered  by Justice."  He offered  his view                                                               
that   Alaska   Natives    are   underrepresented   in   Alaska's                                                               
administrative and judicial  branches. In the past  18 months, he                                                               
has tried to get the Alaska  Judicial Council (AJC) to expand the                                                               
scope of judicial evaluations for  the same reasons the committee                                                               
mentioned. The  AJC currently solicits responses  to their survey                                                               
from police officers and social  services workers. He recommended                                                               
that  the  AJC survey  the  230  federally-recognized tribes  and                                                               
publish their responses  on judges, but the  council declined. It                                                               
troubles  him that  Alaska Natives  represent 40  percent of  the                                                               
prison population. The AJC heard  testimony in November 2020 from                                                               
an Alaskan Native woman who testified  that she would like to see                                                               
more people  who look like her  when she walks into  a courtroom.                                                               
The council  did not address her  concern. When he is  in Hoonah,                                                               
where he owns a home, he  hears the resentment from residents. In                                                               
closing, he said he would like Alaska Native voices to be heard.                                                                
                                                                                                                                
1:59:28 PM                                                                                                                    
SENATOR HOLLAND found  no one else wished to  testify, and closed                                                               
public testimony on SB 129.                                                                                                     
                                                                                                                                
2:00:01 PM                                                                                                                    
SENATOR HUGHES asked  why the bill title no  longer contained the                                                               
language "election  pamphlet." She wondered if  Legislative Legal                                                               
Services was online to respond.                                                                                                 
                                                                                                                                
[Legislative Legal services was not online.]                                                                                    
                                                                                                                                
2:00:27 PM                                                                                                                    
SENATOR  MYERS  answered  he was  unsure  why  Legislative  Legal                                                               
drafters  removed   that  language.  He  stated   that  the  bill                                                               
addresses  the   judicial  retention  elections   and  additional                                                               
biographical information that should  be included in the election                                                               
pamphlet.                                                                                                                       
                                                                                                                                
SENATOR  HUGHES surmised  that the  phrase wasnt   needed because                                                               
Sections 1 and  2 related to judicial  candidate information were                                                               
tied to the requirements for  the election pamphlet. She asked if                                                               
that was an accurate statement.                                                                                                 
                                                                                                                                
2:01:33 PM                                                                                                                    
SENATOR MYERS agreed  that was effectively the  case. The statute                                                               
generally  addresses information  in  the  election pamphlet.  It                                                               
covers  legislative candidates,  ballot  initiatives, and  judges                                                               
seeking  judicial  retention. Section  1  would  codify what  the                                                               
Division  of Election  already asks  judges.  Since the  language                                                               
reads "may" and  not "shall," judicial candidates do  not have to                                                               
submit  photographs or  a short  biographical  statement for  the                                                               
election  pamphlet.  Section 2  relates  to  the Alaska  Judicial                                                               
Council's  (AJC)   information  provided   to  the   Division  of                                                               
Elections. SB 129 would require information from the AJC.                                                                       
                                                                                                                                
2:03:17 PM                                                                                                                    
SENATOR   SHOWER  commented   that   the  Alaska   Constitutional                                                               
Convention consisted of 55 delegates:  49 men and six women, with                                                               
one Alaska  Native. He stated that  underrepresentation of Alaska                                                               
Native  is also  present  in the  Village  Police Safety  Officer                                                               
program (VPSO). He spoke in  support of having more Alaska Native                                                               
representation  in Alaska.  He  viewed the  bill's  focus on  the                                                               
judicial branch as an effort to provide a better balance.                                                                       
                                                                                                                                
2:05:36 PM                                                                                                                    
SENATOR  HUGHES  referenced Section  2  and  asked why  the  bill                                                               
limits biographical  information on judges  to 10 rather  than 20                                                               
years.                                                                                                                          
                                                                                                                                
2:05:53 PM                                                                                                                    
SENATOR MYERS  answered that the  original draft of the  bill did                                                               
not have  a time  limit. After holding  discussions with  the AJC                                                               
and the Alaska Court System, it  seemed that after a judge served                                                               
in  office for  a  significant  time, their  law  school or  work                                                               
experience did not appear relevant.  The point was to give voters                                                               
relevant information, so it did  not seem to matter what happened                                                               
30 years ago.                                                                                                                   
                                                                                                                                
2:07:21 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:08:18 PM                                                                                                                    
CHAIR HOLLAND reconvened the meeting.                                                                                           
                                                                                                                                
2:08:21 PM                                                                                                                    
SENATOR   HUGHES   expressed   concern  that   the   biographical                                                               
information and work  experience section would be  left blank for                                                               
those judges  with lengthy  service. It  may give  the impression                                                               
that these judges had no professional service.                                                                                  
                                                                                                                                
2:09:14 PM                                                                                                                    
SENATOR SHOWER  made a motion  to adopt the  committee substitute                                                               
(CS)  for  SB  129,  work   order  32-LS0751\O,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
CHAIR HOLLAND heard no objection, and Version O was adopted.                                                                    
                                                                                                                                
CHAIR HOLLAND turned to invited testimony.                                                                                      
                                                                                                                                
2:10:28 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:10:43 PM                                                                                                                    
CHAIR HOLLAND reconvened the meeting.                                                                                           
                                                                                                                                
2:11:02 PM                                                                                                                    
SENATOR SHOWER asked  if the Alaska Court System  or the Division                                                               
of Elections could state their position on the bill.                                                                            
                                                                                                                                
2:11:45 PM                                                                                                                    
SUSANNE  DIPIETRO, Executive  Director, Alaska  Judicial Council,                                                               
Alaska Court  System, Anchorage,  Alaska, via Teams,  stated that                                                               
the Alaska Judicial Council (AJC) does  not have a position on SB                                                               
129.                                                                                                                            
                                                                                                                                
2:12:08 PM                                                                                                                    
MICHAELA  THOMPSON, Administrative  Operations Manager,  Division                                                               
of  Elections, Anchorage,  Alaska, via  teleconference, responded                                                               
that the  Division of Elections  does not  have a position  on SB                                                               
129.  The  division  would continue  to  implement  the  statutes                                                               
related to publishing the election pamphlet.                                                                                    
                                                                                                                                
2:12:34 PM                                                                                                                    
SENATOR HUGHES asked  whether the election pamphlet  would have a                                                               
category heading  left blank if  judges with 15 years  of service                                                               
did not list their biographical  experience on their application.                                                               
She pointed out that legislative  candidates could decide to skip                                                               
a question.  She recalled that  the question would appear  in the                                                               
election pamphlet as  a category, but it would be  left blank. If                                                               
so,  the  voter may  think  the  judicial candidate  lacked  work                                                               
experience.                                                                                                                     
                                                                                                                                
MS. THOMPSON  answered that the  heading would not appear  if the                                                               
judicial  candidate did  not answer  a  question, in  part, as  a                                                               
space-saving  measure  the  division   uses  since  the  election                                                               
pamphlet is lengthy.                                                                                                            
                                                                                                                                
2:13:49 PM                                                                                                                    
SENATOR HUGHES asked if headings  for legislative candidates were                                                               
included and left blank.                                                                                                        
                                                                                                                                
MS. THOMPSON answered no. She  stated that some candidates do not                                                               
follow  the election  pamphlet format  but submit  a biographical                                                               
statement  instead.  In  those   instances,  the  division  would                                                               
publish the candidates' statements.                                                                                             
                                                                                                                                
2:14:30 PM                                                                                                                    
CHAIR HOLLAND held SB 129 in committee.                                                                                         
                                                                                                                                
          HB 3-DEFINITION OF "DISASTER": CYBERSECURITY                                                                      
                                                                                                                                
2:14:42 PM                                                                                                                    
CHAIR HOLLAND  announced consideration of  CS FOR HOUSE  BILL NO.                                                               
3(JUD) "An Act relating to the definition of 'disaster.'"                                                                       
                                                                                                                                
2:15:14 PM                                                                                                                    
REPRESENTATIVE DELANA JOHNSON,  Alaska State Legislature, Juneau,                                                               
Alaska, speaking  as sponsor,  stated that HB  3 would  add cyber                                                               
attacks to  the Alaska Disaster  Act. She said  Alaska's disaster                                                               
statutes   are  vague   and  need   updating.  She   stated  that                                                               
cyberattacks are  increasing; the  state has had  several attacks                                                               
in the  past year. She noted  that under the bill,  a declaration                                                               
must  meet two  tests to  be  considered a  disaster. First,  the                                                               
incident must be  widespread and must cause  damage. Second, each                                                               
incident must be  assessed on a case-by-case basis.  Last year, a                                                               
cyber attack  disrupted services at  the Alaska Court  System for                                                               
several weeks. In addition, a  cyber attack disrupted services at                                                               
the  Department  of  Health  and Social  Services  (DHSS)  for  a                                                               
significant  time in  2021. The  state  still does  not know  the                                                               
extent of the monetary damage  or quantify other effects from the                                                               
cyber  attack.  Further, a  cyber  attack  shut down  the  Mat-Su                                                               
Borough (MSB),  disrupting critical services and  causing damages                                                               
exceeding  $25   million.  The  City  of   Valdez  experienced  a                                                               
ransomware  attack  requiring   substantial  payments  to  regain                                                               
access to  their systems.  She related  a more  significant cyber                                                               
attack that occurred  in Florida in 2020.  Cyber attackers gained                                                               
access to the  industrial controls of a  water treatment facility                                                               
and attempted  to increase the  levels of toxic chemicals  in the                                                               
water system.  Although the authorities contained  the attack, it                                                               
raises   concerns   about   what   could   happen   if   critical                                                               
infrastructure disrupts critical services.                                                                                      
                                                                                                                                
2:17:22 PM                                                                                                                    
REPRESENTATIVE  D. JOHNSON  said  adding "cyber  attacks" to  the                                                               
definition  of  disaster would  clarify  the  seriousness of  the                                                               
problem and allow access to resources.                                                                                          
                                                                                                                                
2:17:55 PM                                                                                                                    
ERICK  CORDERO,  Staff,  Representative  Delena  Johnson,  Alaska                                                               
State  Legislature, Juneau,  Alaska,  on behalf  of the  sponsor,                                                               
said  the intent  of HB  3 was  to update  Alaska's statutes.  He                                                               
stated that  many states have  updated or  are in the  process of                                                               
updating their disaster laws related to cyber attacks.                                                                          
                                                                                                                                
2:18:18 PM                                                                                                                    
MR. CORDERO said  the bill consists of one section.  Page 1, line                                                               
4, provides the current definition for a disaster, which read:                                                                  
                                                                                                                                
     (2) "disaster" means the  occurrence or imminent threat                                                                    
     of widespread  or severe damage,  injury, loss  of life                                                                    
     or  property,  or  shortage of  food,  water,  or  fuel                                                                    
     resulting from ....                                                                                                        
                                                                                                                                
MR. CORDERO stated that categories  were listed beginning on page                                                               
1, line  7 of  HB 3,  including natural  disasters, environmental                                                               
dangers,   equipment  failures,   and   terrorist  attacks.   The                                                               
definition  does not  list cyber  attacks. In  2000, the  statute                                                               
included  "man-made" disasters,  but that  language was  removed.                                                               
The Mat-Su  Borough and other political  subdivisions requested a                                                               
definition  for   a  disaster  declaration.  He   explained  that                                                               
declaring a  disaster could  result in  the state  or communities                                                               
achieving access to  resources faster. It also  would provide the                                                               
authority to contact agencies for assistance.                                                                                   
                                                                                                                                
2:19:49 PM                                                                                                                    
MR.  CORDERO said  the state  responded to  the Mat-Su  Borough's                                                               
request for  assistance by saying  that the statutes  were vague.                                                               
He referred to  the Legal Services memo in  members' packet dated                                                               
February  10, 2020,  from Megan  Wallace,  Director, who  advised                                                               
that equipment  failure could  qualify as  a "disaster"  under AS                                                               
26.23.900(2)(C).  Still,   it  should   be  defined   to  provide                                                               
certainty. HB  3 would  clarify that  cybersecurity is  a problem                                                               
and define cyber attacks in statute.                                                                                            
                                                                                                                                
2:20:23 PM                                                                                                                    
MR. CORDERO  said the  language on page  2 line  17, subparagraph                                                               
(F) would add cyberattacks to  the definition, specifically if it                                                               
affects  critical   infrastructure.  He   characterized  critical                                                               
infrastructure  as  key. It  is  a  term  typically used  by  the                                                               
federal government. It also  identified information systems owned                                                               
or  operated by  the  state  or a  political  subdivision of  the                                                               
state.                                                                                                                          
                                                                                                                                
2:21:08 PM                                                                                                                    
MR.  CORDERO  stated  that  during  the  committee  process,  the                                                               
sponsor  decided  to  define critical  infrastructure  using  the                                                               
federal definition to provide further clarity, which read:                                                                      
                                                                                                                                
     "critical  infrastructure"  means systems  and  assets,                                                                    
     whether  physical or  virtual,  so vital  to the  state                                                                    
     that the  incapacity or destruction of  the systems and                                                                    
     assets would  have a  debilitating effect  on security,                                                                    
     state  economic   security,  state  public   health  or                                                                    
     safety, or any combination of those matters;                                                                               
                                                                                                                                
MR.  CORDERO  said he  stated  "Alaska"  instead of  "state"  for                                                               
emphasis.                                                                                                                       
                                                                                                                                
2:21:43 PM                                                                                                                    
MR. CORDERO  said a previous US  President signed an order  a few                                                               
years   ago    citing   the   different   areas    for   critical                                                               
infrastructure,  including chemicals,  utilities, transportation,                                                               
and  telecommunications. The  Department of  Military &  Veterans                                                               
Affairs  (DMVA) plans  mitigation strategies  and supports  state                                                               
agencies once  a disaster  is declared.  According to  the Alaska                                                               
Disaster Act,  part of the  role includes advance  planning. Last                                                               
year,  DMVA   testified  that  cybersecurity  is   not  in  their                                                               
guidelines because the term is not in statute.                                                                                  
                                                                                                                                
2:23:06 PM                                                                                                                    
SENATOR   MYERS  said   the   definition   states  the   critical                                                               
infrastructure  must be  "owned  or operated  by  the state."  He                                                               
asked how  it would affect  the electrical grid owned  by various                                                               
cooperatives   throughout  the   state  since   it  is   critical                                                               
infrastructure.                                                                                                                 
                                                                                                                                
MR. CORDERO said  the bill reads critical  infrastructure "or" so                                                               
the definition would include the electrical grid.                                                                               
                                                                                                                                
2:23:54 PM                                                                                                                    
CHAIR  HOLLAND  read  [subparagraph   (F)  a  cyber  attack  that                                                               
affects] "critical  infrastructure in  the state,  an information                                                               
system  owned or  operated  by  the state  ...."  He stated  that                                                               
language would cover the electrical grid.                                                                                       
                                                                                                                                
MR.  CORDERO said  the  Department  of Administration  determines                                                               
what is included in critical infrastructure.                                                                                    
                                                                                                                                
2:24:44 PM                                                                                                                    
SENATOR HUGHES referred to page 2,  lines 23-24 of HB 3. She said                                                               
this language refers to cyber  attacks that have not happened but                                                               
that  could   potentially  happen.  She  surmised   that  if  the                                                               
department knew ahead of time,  it could possibly stop an attack,                                                               
but  probably not.  She wondered  why  it would  be necessary  to                                                               
declare a disaster.                                                                                                             
                                                                                                                                
2:25:28 PM                                                                                                                    
MR. CORDERO  answered that  the intelligence  community typically                                                               
reaches out to government agencies  about imminent cyber attacks.                                                               
If it  is not  contained and  becomes widespread,  the department                                                               
would need to take steps  to issue a disaster declaration. Often,                                                               
the state  identifies a vulnerability  and the presence of  a bad                                                               
actor.  The  department would  determine  if  it warranted  using                                                               
resources to  ensure a cyber  attack doesn't happen.  He deferred                                                               
to the experts at DMVA to answer the question more fully.                                                                       
                                                                                                                                
2:26:31 PM                                                                                                                    
SENATOR   HUGHES   related   her  understanding   that   critical                                                               
infrastructure  does not  require state  ownership. For  example,                                                               
suppose  banks   were  attacked  and  their   infrastructure  was                                                               
infiltrated or dismantled. The  critical infrastructure would not                                                               
necessarily be  a port  or power  line. She asked  if HB  3 would                                                               
apply to private sector infrastructure.                                                                                         
                                                                                                                                
MR.  CORDERO  answered  that  she was  correct.  He  stated  that                                                               
critical  infrastructure could  involve  economic  loss, lack  of                                                               
food, medicine, or fuel.                                                                                                        
                                                                                                                                
2:27:47 PM                                                                                                                    
SENATOR SHOWER  echoed Mr. Cordero's comments.  He explained that                                                               
the  intelligence   community  might  indicate  a   cyber  attack                                                               
happening somewhere  in the world  that potentially  could happen                                                               
in Alaska.  He surmised that  the state could declare  a disaster                                                               
in advance to prevent it.                                                                                                       
                                                                                                                                
2:28:16 PM                                                                                                                    
SENATOR MYERS  noted that Mr.  Fisher from DMVA was  available to                                                               
answer questions.                                                                                                               
                                                                                                                                
2:28:35 PM                                                                                                                    
SENATOR  HUGHES  said  she  was  initially  concerned  about  the                                                               
language on  page 3 defining "critical  infrastructure" that read                                                               
"would have a  debilitating effect on security  ..." She wondered                                                               
if "debilitating" might be subjective  but was reassured when she                                                               
read the  existing language in  statute includes  "... widespread                                                               
or severe damage, injury, loss of life or property, ...."                                                                       
                                                                                                                                
CHAIR HOLLAND turned to invited testifiers.                                                                                     
                                                                                                                                
2:30:22 PM                                                                                                                    
PAULA    VRANA,    Commissioner     Designee,    Department    of                                                               
Administration,  Juneau, Alaska,  stated that  the administration                                                               
supports  HB 3  since it  does not  change the  structure of  the                                                               
current  Alaska  Disaster  Act   statutes  but  will  update  the                                                               
statutes  to  address Alaska's  current  needs.  She stated  that                                                               
Chris  Letterman,   Chief  Information  Officer,   Department  of                                                               
Administration, could answer any technical questions.                                                                           
                                                                                                                                
2:31:55 PM                                                                                                                    
BRYAN FISHER, Director, Alaska Division  of Homeland Security and                                                               
Emergency  Management,   Department  of  Military   and  Veterans                                                               
Affairs,  Joint  Base  Elmendorf-Richardson  Alaska,  via  Teams,                                                               
stated  that the  administration supports  HB 3.  He said  he was                                                               
involved  in  the Mat-Su  Borough  (MSB)  response to  the  cyber                                                               
attack that affected the borough and the City of Valdez.                                                                        
                                                                                                                                
MR. FISHER highlighted  that the governor's cabinet  has a subset                                                               
known as  the governor's  disaster cabinet  that reviews  a cyber                                                               
event,  analyses it,  and makes  recommendations to  the governor                                                               
based on  the statutory definition  on whether an event  rises to                                                               
the level of  a disaster emergency. He said  the disaster cabinet                                                               
met  three  times and  held  six  hours  of discussions  on  this                                                               
definition. The division fully supports  adding cyber attacks and                                                               
cyber events to the definition of "disaster".                                                                                   
                                                                                                                                
2:33:17 PM                                                                                                                    
MR.  FISHER, in  response to  Senator Hughes'  earlier questions,                                                               
referred  to  a handout  in  members'  packets from  the  Federal                                                               
Cybersecurity  & Infrastructure  Security Agency  that identifies                                                               
16  critical   infrastructure  sectors.   The  State   of  Alaska                                                               
Emergency Operations Plan addresses  cyber events. He stated that                                                               
a cyber attack  that affects the economic sector  is one measure.                                                               
However, the  division has  other programs  and policies  it must                                                               
consider.  He said  private businesses  generally do  not benefit                                                               
from  state  or federal  disaster  funds  after an  emergency  is                                                               
declared.                                                                                                                       
                                                                                                                                
MR.  FISHER highlighted  that a  hurricane might  fall into  "the                                                               
credible  threat of  an  imminent cyber  attack  or cyber  event"                                                               
because  weathermen can  forecast  hurricanes. Thus,  communities                                                               
may  need additional  resources to  prepare for  one. He  related                                                               
that  the state  deployed the  US Army  National Guard  to remove                                                               
snow from roofs of critical  infrastructure in Yakutat to prevent                                                               
damage.  He  suggested  that any  "imminent  threat  or  credible                                                               
threat" as  certified by the  Department of  Administration would                                                               
be similar.                                                                                                                     
                                                                                                                                
2:35:13 PM                                                                                                                    
SENATOR KIEHL  asked about "cyber  event" as  a term in  the bill                                                               
that was not defined.                                                                                                           
                                                                                                                                
MR. FISHER emphasized the distinction  between a cyber attack and                                                               
a cyber event.  He highlighted instances of  natural, man-made or                                                               
cyber attacks  to infrastructure  that are not  necessarily cyber                                                               
attacks. These  cyber events lack  criminal, human,  or terrorist                                                               
intent. However, these events could  lead to system failures that                                                               
could  compromise  the   security,  availability,  integrity  and                                                               
assurance  of systems.  For example,  some  years ago,  lightning                                                               
struck  the   State  Office  Building   causing  damage   to  the                                                               
telecommunications infrastructure.                                                                                              
                                                                                                                                
2:37:30 PM                                                                                                                    
CHRIS LETTERMAN,  Chief Information  Security Officer,  Office of                                                               
Information  Technology,  Department of  Administration,  Juneau,                                                               
Alaska, read prepared remarks.                                                                                                  
                                                                                                                                
     The  cyber threats  that are  facing the  public sector                                                                    
     continue  to  evolve in  terms  of  speed, volume,  and                                                                    
     their  impacts.  Malicious  cyber actors  ranging  from                                                                    
     novice  to  nation-state   sponsored,  are  principally                                                                    
     motivated by  financial gain and political  ends. Cyber                                                                    
     threat to political  sector critical infrastructure has                                                                    
     expanded the  conversation beyond the digital  into the                                                                    
       physical realm with the potential to impact life,                                                                        
     safety, and public health.                                                                                                 
                                                                                                                                
     This legislation would support  the state and political                                                                    
     subdivisions should critical  infrastructure systems be                                                                    
     impacted by  a cyber attack  or a cyber event.  It will                                                                    
     bring  about  a  needed   maturity  to  enable  support                                                                    
     activities  and timeliness  of resources  necessary for                                                                    
     recovery.                                                                                                                  
                                                                                                                                
2:39:20 PM                                                                                                                    
PETER HOUSE, IT Security Expert,  Deeptree, Inc., Palmer, Alaska,                                                               
via  teleconference, said  he was  testifying from  Utqiagvik. He                                                               
advised that  he is  a cybersecurity  professional who  worked on                                                               
the Mat-Su  Borough during their  cyber attack. He  was surprised                                                               
at the number of departments  that needed to restore services. He                                                               
reported  that the  cyber attack  disrupted  work throughout  the                                                               
entire borough, so staff scrambled to  find ways to do their jobs                                                               
without digital  technology. He wondered  what would happen  if a                                                               
cyber event created life threatening  events. He offered his view                                                               
that HB  3 will go a  long way towards allowing  a rapid response                                                               
to  these cyber  events  and accelerate  the  state's ability  to                                                               
ensure that  critical services are  available to the  public with                                                               
minimal  disruption. He  said there  are many  metrics this  bill                                                               
will help address.                                                                                                              
                                                                                                                                
MR. HOUSE  reported that  he has noticed  an overall  increase in                                                               
cyber  attacks  on  organizations   throughout  Alaska  from  his                                                               
vantage point  in the security  operation center. He  offered his                                                               
belief that HB 3 will go a long  way to help the state respond to                                                               
cyber attacks or events.                                                                                                        
                                                                                                                                
2:42:13 PM                                                                                                                    
SENATOR SHOWER  reported that  the state  receives an  average of                                                               
over one million attempted cyber attacks per day.                                                                               
                                                                                                                                
2:42:34 PM                                                                                                                    
SENATOR  HUGHES appreciated  Mr. House's  insight. She  indicated                                                               
that the  legislature is concerned about  keeping all communities                                                               
in the state safe.                                                                                                              
                                                                                                                                
2:43:30 PM                                                                                                                    
ERIK  WYATT,   IT  Director,  Matanuska-Susitna   Borough  (MSB),                                                               
Palmer, Alaska, via Teams, stated  that the legislature was aware                                                               
of  the MSB's  cyber attack  that  occurred three  years ago.  He                                                               
highlighted that the  cost of recovery from the  cyber attack was                                                               
$2.5 million.  Cyber attacks directed at  critical infrastructure                                                               
adversely  impacted the  MSB  and  other political  subdivisions'                                                               
ability to  serve the public.  He reported that the  cyber attack                                                               
disrupted the borough for 60  days. MSB's critical infrastructure                                                               
affected included  its emergency services (EMS),  fire and rescue                                                               
services,  and  GIS  resources   that  support  them.  The  Kenai                                                               
Peninsula  Borough   (KPB)  experienced   a  cyber   attack  that                                                               
adversely  affected its  911  communications.  Cyber attacks  can                                                               
destroy or  disrupt emergency operations and  communications. The                                                               
MSB also provides  water and sewer services  to Talkeetna. During                                                               
the winter cyber attacks could  halt transportation by disrupting                                                               
the borough's ability to plow roads.                                                                                            
                                                                                                                                
2:46:04 PM                                                                                                                    
SENATOR  MYERS asked  what systems  were affected  in the  Mat-Su                                                               
Borough cyber attack.                                                                                                           
                                                                                                                                
MR.  WYATT answered  that  all MSB's  IT  systems were  affected,                                                               
including  email  and servers.  One  exception  was the  separate                                                               
network that  provides a land  mobile radio system  that supports                                                               
MSB's emergency services. He said that system was not affected.                                                                 
                                                                                                                                
2:46:55 PM                                                                                                                    
SENATOR  HUGHES asked  what precautions  the  Mat-Su Borough  has                                                               
taken since the cyber attack.                                                                                                   
                                                                                                                                
MR.  WYATT  answered  that  the  Mat-Su  Borough  (MSB)  added  a                                                               
cybersecurity analyst position and  converted another position to                                                               
a part-time chief information security  officer. The borough also                                                               
added some  IT security systems  to create layered  security that                                                               
will allow  MSB to identify  and isolate cyber threats.  MSB also                                                               
issued contracts to  allow the borough to reach  out more quickly                                                               
to consultants and improve cybersecurity responses.                                                                             
                                                                                                                                
2:48:24 PM                                                                                                                    
NILS  ANDREASSEN,  Executive  Director, Alaska  Municipal  League                                                               
(AML), Juneau, Alaska,  spoke in support of HB 3.  He stated that                                                               
he agreed with the previous  testifiers. He said AML supports the                                                               
language  in the  bill that  includes political  subdivisions. He                                                               
emphasized  the   importance  of  maintaining   the  relationship                                                               
between the  state and its  political subdivisions.  Ambiguity is                                                               
the  last  thing  needed  during a  cyber  attack.  AML  supports                                                               
efforts to strengthen the state's  Disaster Act. He characterized                                                               
it  as critically  important  to ensure  that  state support  and                                                               
resources are  on hand for deploying  efficiently and effectively                                                               
when  a local  government is  overwhelmed by  a cyber  attack. He                                                               
said he appreciated the sponsor bringing this bill forward.                                                                     
                                                                                                                                
2:49:38 PM                                                                                                                    
SENATOR HUGHES  commented that prevention is  less expensive than                                                               
treatment. She asked if communities  were acquiring expertise and                                                               
information to bring them current on cybersecurity measures.                                                                    
                                                                                                                                
2:50:11 PM                                                                                                                    
MR. ANDREASSEN  answered that AML has  prioritized cybersecurity.                                                               
Last year,  AML implemented  a shared  service program  for local                                                               
governments that  focuses on in-point  protection. This  helps to                                                               
ensure  that  all  systems  have   the  appropriate  hygiene  and                                                               
communities  perform   updates  to   ensure  their   systems  are                                                               
protected.  He remarked  that federal  infrastructure funding  is                                                               
available  to  support  that  effort. He  said  that  many  local                                                               
governments  have already  added  layers of  protection to  their                                                               
systems.                                                                                                                        
                                                                                                                                
2:51:35 PM                                                                                                                    
SENATOR KIEHL  said HB 3 would  add language to the  front of the                                                               
Disaster  Act.  However,  the  statutes  provide  powers  once  a                                                               
disaster is declared. He asked  if the committee should narrow it                                                               
down to limit triggering these powers.                                                                                          
                                                                                                                                
MR. FISHER answered that AS  26.23.020 of the Alaska Disaster Act                                                               
enumerates  the governor's  powers when  a disaster  emergency is                                                               
declared. He offered his view  that narrowing these powers should                                                               
not be done. For example,  Mr. Letterman stated how cyber threats                                                               
cross over  from the virtual  to the physical world.  Suppose the                                                               
state  had  a  cyber  attack that  caused  water  and  electrical                                                               
distribution. There  might be  powers at the  front end  of these                                                               
statutes  the  governor  has  such as  controlling  access  to  a                                                               
disaster area if  a kinetic or physical  disruption occurred. Mr.                                                               
Wyatt  stated that  systems  were  in place  for  MSB to  conduct                                                               
business electronically that had  to change. Local ordinances and                                                               
the   borough's   charter  allowed   MSB   to   use  some   local                                                               
flexibilities.   He  envisioned   the   state   might  need   the                                                               
flexibility  to suspend  regulations to  enable the  community to                                                               
conduct   business  in   another  way   if  their   systems  were                                                               
compromised, disrupting regular business functions.                                                                             
                                                                                                                                
2:54:20 PM                                                                                                                    
SENATOR SHOWER  asked if the Alaska  Disaster Act has a  nexus to                                                               
federal funds.                                                                                                                  
                                                                                                                                
MR.  FISHER  answered yes.  Just  as  the  state can  declare  an                                                               
emergency, it can request federal disaster funds.                                                                               
                                                                                                                                
2:55:34 PM                                                                                                                    
SENATOR HUGHES said  she had the same concern.  She advocated for                                                               
the legislature to  revise the Alaska Disaster Act  and to create                                                               
a separate  section for health  disasters. She  expressed concern                                                               
about the  checks and balances between  governmental branches. It                                                               
might make sense for the  legislature to decide if some executive                                                               
orders should continue.  She acknowledged that this  bill was not                                                               
the  appropriate  vehicle for  a  rewrite  since it  could  delay                                                               
passage of HB 3.                                                                                                                
                                                                                                                                
2:57:22 PM                                                                                                                    
CHAIR HOLLAND held HB 3 in committee.                                                                                           
                                                                                                                                
2:57:45 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Holland  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:57 p.m.