Legislature(2017 - 2018)GRUENBERG 120
02/13/2018 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 307 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF
1:10:56 PM
CHAIR TUCK announced that the only order of business would be
House Bill 307 HOUSE BILL NO. 307, "An Act requiring a person
who commits certain offenses under the code of military justice
to register as a sex offender or child kidnapper; relating to
the Servicemembers Civil Relief Act; relating to contracts made
by a member of the organized militia; relating to nonjudicial
punishment of members of the organized militia; relating to
offenses subject to court-martial proceedings; and providing for
an effective date."
[Left pending from the House Special Committee on Military and
Veterans' Affairs meeting on 2/6/18 was a motion to adopt
Amendment 1, as amended.]
1:10:56 PM
CHAIR TUCK reviewed that [before being amended], Amendment 1,
labeled 30-LS1099\A.1, Glover, 2/5/18, had read as follows:
Page 10, line 15, following "prisoner":
Insert "or unlawfully uses a drug with a
prisoner"
Page 12, line 3, following "alcohol":
Insert "or a drug"
Page 12, line 9, following "drunk":
Insert "or under the influence of a controlled
substance"
Page 12, line 9, following "direct.":
Insert "In this subsection, "controlled
substance" has the meaning given in AS 26.05.870."
Page 12, line 13, following "alcohol":
Insert "or a drug"
CHAIR TUCK said the purpose of Amendment 1 was to clarify
Sections 21-23, which relate to the use of alcohol and
controlled substances. He explained that the first part
Amendment 1 specifies unlawful use, because prohibiting the use
of cough syrup is not the intention of the bill. Regarding the
proposed change on page 12, line 3, to insert "or a drug", he
said that means legal or illegal. He said it took him a while
to fully understand Section 21, which refers to AS 26.05.860.
He advised that although a person may not be under the
influence, he/she could have a hangover as a result of
indulgence and be unfit for work. He said that makes sense.
Regarding the proposed change to page 12, line 9, regarding
"controlled substance", he recalled that the committee had been
concerned about controlled substances also being those that are
legal prescriptions. He said if that is still a concern, then
there is an amendment the committee could consider specifying
that the controlled substance is "other than a controlled
substance taken in accordance with a valid prescription". He
said he thinks that with that minor modification, everything
else in Amendment 1, [as amended], falls into place. He
expressed willingness to removed Section 21 if committee members
still find it problematic.
1:15:23 PM
REPRESENTATIVE SADDLER indicated that he thought the committee
could accomplish what it wished by amending Amendment 1, [as
amended], in the way described by Chair Tuck [rather than
deleting Section 21].
1:15:39 PM
CHAIR TUCK moved to adopt Amendment 2 to Amendment 1, as
amended, to add the following language following the insertion
of "or under the influence of a controlled substance", as
proposed on line 8 of Amendment 1:
other than a controlled substance taken in accordance
with a valid prescription
CHAIR TUCK, in response to Representative Saddler, explained
that Conceptual Amendment 1 to Amendment 1 had been adopted on
2/6/18 to amend a typographical error.
CHAIR TUCK asked if there was any objection to Amendment 2 to
Amendment 1, [as amended]. There being none, it was so ordered.
CHAIR TUCK noted that Representative Reinbold, who was not
currently present, had objected to the motion to adopt Amendment
1 on 2/6/18.
1:17:32 PM
The committee took a brief at-ease at 1:17 p.m.
1:17:49 PM
CHAIR TUCK announced that the objection to the motion to adopt
Amendment 1, [as amended], was maintained.
1:18:15 PM
The committee took a brief at-ease at 1:18 p.m.
1:18:25 PM
A roll call vote was taken. Representatives Rauscher, Saddler,
LeDoux, Parish, and Tuck voted in favor of Amendment 1, as
amended. Therefore, by a vote of 5-0, Amendment 1, as amended,
was adopted.
1:19:17 PM
REPRESENTATIVE LEDOUX moved to adopt Amendment 2, labeled 30-
LS1099\A.2, Glover, 2/5/18, which read as follows:
Page 1, line 3:
Delete "a member of the organized militia"
Insert "servicemembers"
Page 6, line 8, following "militia":
Insert "; contracts"
Page 6, lines 17 - 18:
Delete "member of the organized militia"
Insert "servicemember"
Page 6, line 18, following "services":
Insert "provided in this state"
Page 6, line 19:
Delete "member"
Insert "servicemember"
Page 6, line 20:
Delete "member"
Insert "servicemember"
Page 6, lines 26 - 27:
Delete "member of the organized militia"
Insert "servicemember"
Page 6, line 28:
Delete "member"
Insert "servicemember"
Page 6, line 29:
Delete "member"
Insert "servicemember"
Page 6, line 30:
Delete "member" in both places
Insert "servicemember" in both places
Page 7, line 1:
Delete "member"
Insert "servicemember"
Page 7, line 2:
Delete "member" in both places
Insert "servicemember" in both places
Page 7, line 5:
Delete "member"
Insert "servicemember"
Page 7, line 6:
Delete "member"
Insert "servicemember"
Page 7, line 8:
Delete "member of the organized militia"
Insert "servicemember"
Page 7, line 9:
Delete "member"
Insert "servicemember"
Page 7, line 10:
Delete "member"
Insert "servicemember"
Page 7, line 13:
Delete "member"
Insert "servicemember"
Page 7, line 15:
Delete "member"
Insert "servicemember"
Page 7, line 16:
Delete "member of the organized militia"
Insert "servicemember"
Page 7, line 17:
Delete "member"
Insert "servicemember"
Page 7, line 18:
Delete "member"
Insert "servicemember"
Page 7, line 22:
Delete all material.
Renumber the following paragraph accordingly.
Page 7, line 24, following "AS 26.05.010(b)(1)":
Insert ";
(2) "servicemember" means a member of the armed
forces of the United States or a member of the
organized militia of the state"
REPRESENTATIVE SADDLER objected for the purpose of discussion.
1:20:06 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
HB 307, said Amendment 2 relates to the Civil Service Members
Relief Act and would change reference of "a member of the
organized militia" to "servicemembers". She noted that the last
page of Amendment 2 explains that "servicemember" encompasses
armed forces of the U.S. and members of the organized militia of
states. In response to Representative Saddler, she listed all
those entities included in the armed forces of the United
States: the Alaska Air Guard, the Alaska Army Guard, the Alaska
State Defense Force, and the Alaska Naval Militia.
REPRESENTATIVE SADDLER removed his objection to the motion to
adopt Amendment 2. There being no further objection, Amendment
2 was adopted.
1:22:12 PM
REPRESENTATIVE LEDOUX moved to report HB 307, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
1:22:44 PM
REPRESENTATIVE RAUSCHER objected to ask if "this applies only to
servicemembers completely."
CHAIR TUCK answered that is correct.
REPRESENTATIVE RAUSCHER removed his objection.
1:22:55 PM
REPRESENTATIVE SADDLER objected to ask for clarification
regarding "offenses subject to court martial proceedings", found
in the bill title. He cited "such authority as shall be
punished as a court martial may direct" and asked if "this
excludes deliberately any administrative disciplinary measures."
He asked how administrative disciplinary measures and court
martial punishment differ.
1:23:54 PM
LIEUTENANT COLONEL CHRIS WEAVER, Judge Advocate, Alaska National
Guard Joint Staff, Department of Military & Veterans' Affairs
(DMVA), told Representative Saddler that administrative
procedures are "something totally separate" and are "still on
the table when misconduct occurs."
1:24:37 PM
REPRESENTATIVE RAUSCHER directed attention to language on Page
6, line 19, of HB 307, which is a provision that would allow a
servicemember to get out of a service contract [such as with an
Internet provider] if that servicemember receives orders to
relocate for a period of 90 or more days. He asked if the
credit rating of servicemembers would be affected.
CHAIR TUCK offered his understanding that because the contract
would be ended, there would be no adverse effect on the
servicemember's credit rating, because "no further monies would
be owed, unless they're delinquent already."
1:25:37 PM
REPRESENTATIVE PARISH speculated that [the provision] would
actually provide an extra measure of protection for the
servicemember's credit rating, because he/she would not have a
delinquent bill being charged month after month in his/her
absence.
1:26:04 PM
REPRESENTATIVE SADDLER directed attention to page 7, lines 1-7,
and he said it was brought to his attention that the bill
language presumes that a servicemember would have orders in
advance of deployment that would "kick in the provisions" of the
Servicemembers Civil Relief Act. He suggested that it might be
advantageous for the next committee of referral to include
language such that the provisions protecting the servicemember
to leave would be issued in advance, because sometimes the
servicemember has to leave immediately and there can be no 90-
day notice.
CHAIR TUCK proffered that the 90 days refers to the 90-day
minimum deployment.
1:27:28 PM
REPRESENTATIVE SADDLER removed his objection.
1:27:56 PM
The committee took a brief at-ease at 1:28 a.m.
1:28:18 PM
CHAIR TUCK announced that there being no further objection, CSHB
307(MLV) was reported out of the House Special Committee on
Military and Veterans' Affairs.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB307 Amendment A.3.pdf |
HMLV 2/13/2018 1:00:00 PM |
HB 307 |
| HB307 NFIB Letter 2.12.18.pdf |
HMLV 2/13/2018 1:00:00 PM |
HB 307 |
| Doehl to Saddler HB 307 - 02-12-2018.pdf |
HMLV 2/13/2018 1:00:00 PM |
HB 307 |