Legislature(2017 - 2018)GRUENBERG 120

02/06/2018 01:00 PM MILITARY & VETERANS' AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 262 MILITARY SPOUSE COURTESY LICENSE TELECONFERENCED
Heard & Held
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
   HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS                                                                  
                        February 6, 2018                                                                                        
                           1:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Chris Tuck, Chair                                                                                                
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Justin Parish                                                                                                    
Representative Ivy Spohnholz                                                                                                    
Representative George Rauscher                                                                                                  
Representative Lora Reinbold                                                                                                    
Representative Dan Saddler                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 262                                                                                                              
"An  Act  relating to  temporary  courtesy  licenses for  certain                                                               
nonresident  professionals; and  relating  to  the Department  of                                                               
Commerce, Community, and Economic Development."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
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."                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 262                                                                                                                  
SHORT TITLE: MILITARY SPOUSE COURTESY LICENSE                                                                                   
SPONSOR(s): REPRESENTATIVE(s) KAWASAKI                                                                                          
                                                                                                                                
01/16/18       (H)       PREFILE RELEASED 1/8/18                                                                                
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       MLV, L&C                                                                                               
02/06/18       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 307                                                                                                                  
SHORT TITLE: MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                            
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/24/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/18       (H)       MLV, JUD                                                                                               
01/30/18       (H)       MLV AT 1:30 PM GRUENBERG 120                                                                           
01/30/18       (H)       Heard & Held                                                                                           
01/30/18       (H)       MINUTE(MLV)                                                                                            
02/06/18       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE SCOTT KAWASAKI                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 262, presented the                                                              
legislation as prime sponsor.                                                                                                   
                                                                                                                                
WILLIAM JODWALIS, Staff                                                                                                         
Representative Scott Kawasaki                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 262, testified and                                                              
answered questions.                                                                                                             
                                                                                                                                
FRED PARADY, Deputy Commissioner                                                                                                
Department of Commerce, Community & Economic Development (DCCED)                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 262, testified and                                                              
answered questions.                                                                                                             
                                                                                                                                
ROBERT MR. DOEHL, Deputy Commissioner                                                                                           
Department of Military & Veterans' Affairs (DMVA)                                                                               
Joint Base Elmendorf-Richardson (JBER), Alaska                                                                                  
POSITION STATEMENT:  During the hearing of HB 262, testified and                                                              
answered questions.                                                                                                             
                                                                                                                                
DALE VANDE HAY                                                                                                                  
Defense State Liaison Office                                                                                                    
Military Community and Family Policy                                                                                            
Department of Defense                                                                                                           
San Antonio, Texas                                                                                                              
POSITION STATEMENT:  During the  hearing of HB 262, testified and                                                             
answered questions.                                                                                                             
                                                                                                                                
DAVID NEES                                                                                                                      
Alaska Policy Forum                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the  hearing of HB 262, testified and                                                             
answered questions.                                                                                                             
                                                                                                                                
LIEUTENANT COLONEL CHRISTOPHER WEAVER                                                                                           
Office of the Adjutant General                                                                                                  
Alaska National Guard                                                                                                           
Joint Base Elmendorf-Richardson (JBER), Alaska                                                                                  
POSITION  STATEMENT:   During the  hearing of  HB 262,  discussed                                                             
Amendment 1 and answered questions.                                                                                             
                                                                                                                                
CAPTAIN BLAKE CIRCLE                                                                                                            
Alaska National Guard                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During the  hearing of  HB 307,  discussed                                                             
Amendment 1 and answered questions.                                                                                             
                                                                                                                                
DEPUTY COMMISSIONER ROBERT DOEHL                                                                                                
Office of the Commissioner/Adjutant General                                                                                     
Department of Military & Veterans' Affairs (DMLV)                                                                               
Joint Base Elmendorf-Richardson (JBER), Alaska                                                                                  
POSITION  STATEMENT:   During the  hearing of  HB 307,  discussed                                                             
Amendment 1 and answered questions.                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:03:00 PM                                                                                                                    
                                                                                                                                
CHAIR CHRIS TUCK  called the House Special  Committee on Military                                                             
and   Veterans'   Affairs  meeting   to   order   at  1:03   p.m.                                                               
Representatives Tuck,  Spohnholz, Rauscher, Reinbold,  and Parish                                                               
were present  at the call  to order.  Representative  Saddler and                                                               
LeDoux arrived as the meeting was in progress.                                                                                  
                                                                                                                                
            HB 262-MILITARY SPOUSE COURTESY LICENSE                                                                         
                                                                                                                                
1:04:09 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  first order of business  would be                                                               
HOUSE  BILL  NO. 262,  "An  Act  relating to  temporary  courtesy                                                               
licenses for  certain nonresident professionals; and  relating to                                                               
the   Department    of   Commerce,   Community,    and   Economic                                                               
Development."                                                                                                                   
                                                                                                                                
1:04:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SCOTT   KAWASAKI,  Alaska   State   Legislature,                                                               
explained that HB  262 is a culmination of  many discussions that                                                               
took  place over  several  years  regarding expediting  temporary                                                               
courtesy  licenses.   In  2011,  House Bill  28,  [passed in  the                                                               
Twenty-Seventh  Alaska  State   Legislature],  allowed  expedited                                                               
temporary  courtesy  licenses  for   spouses  of  Armed  Services                                                               
members  so   they  could   practice  their   profession  without                                                               
experiencing   extensive  wait-times   for  licensure   approval.                                                               
Similar legislation has passed in  other states; however, several                                                               
states,  such  as  the  States  of  Washington  and  Connecticut,                                                               
include a reporting mechanism to  the legislature and Joint Armed                                                               
Services Committees wherein  the state can track  the progress of                                                               
the  executive  branches'  implementation of  those  occupational                                                               
boards.  He noted that House  Bill 28 did not include a reporting                                                               
requirement  when  it  was  enacted.     In  the  Fall  of  2017,                                                               
legislators voiced concern that  the full implementation of House                                                               
Bill  28 was  not yet  completed  and that  not all  occupational                                                               
boards  were   aware  of  the  seven-year-old   statute.    While                                                               
questions remain, HB  262 simply seeks to  strengthen the ability                                                               
of those  military spouses in obtaining  occupational licenses in                                                               
an efficient  and expedited  manner as prescribed  by law.   This                                                               
legislation seeks to  amend Title 8 to include  the Department of                                                               
Commerce, Community  & Economic Development (DCCED)  such that it                                                               
prepares an annual report of  the courtesy licenses issued in the                                                               
previous fiscal  year.  He  commented that this  simple reporting                                                               
mechanism  will help  to  facilitate  communications between  the                                                               
legislative branch,  the executive  branch, and  the occupational                                                               
boards that  oversee those licenses,  he described.   Thereby, he                                                               
said,  this  legislation  will  help  facilitate  those  military                                                               
spouses  in  getting  back  into  the  workforce  as  quickly  as                                                               
possible.   The  passage of  HB 262  will improve  communications                                                               
between those  boards, the departments, and  the legislature, and                                                               
it  will  improve  the  efficiency   and  awareness  as  to  what                                                               
opportunities  are  available.   He  urged  the support  of  this                                                               
corrective bill and described that it  is in the best interest of                                                               
improving  communications and  accountability  and helping  those                                                               
military families transition into their new life in this state.                                                                 
                                                                                                                                
1:07:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to   HB  262,  Section  1,  AS                                                               
08.01.063(f), page 2, lines 3-9, which read as follows:                                                                         
                                                                                                                                
          (f)  The   department  shall  submit   the  report                                                                    
     prepared under (e)  of this section to  the Joint Armed                                                                    
     Services Committee on  or before the first  day of each                                                                    
     regular session  of the legislature.   In addition, the                                                                    
     department  shall  consolidate   the  two  most  recent                                                                    
     reports   and  submit   a   biennial   report  to   the                                                                    
     legislature on  or before  the first  day of  the first                                                                    
     regular session  of each  legislature.   The department                                                                    
     shall  deliver a  copy of  the biennial  report to  the                                                                    
     senate secretary  and the chief  clerk of the  house of                                                                    
     representatives  and notify  the  legislature that  the                                                                    
     report is available.                                                                                                       
                                                                                                                                
REPRESENTATIVE   SADDLER   asked  why   Representative   Kawasaki                                                               
directed  that  the  report  go   to  the  Joint  Armed  Services                                                               
Committee  because if  the report  is  also going  to the  senate                                                               
secretary  and  chief clerk,  why  does  it  need  to go  to  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KAWASAKI  responded  that  that  is  a  technical                                                               
question for his staff member,  William Jodwalis.  He opined that                                                               
the  purpose of  the report  going  to the  Joint Armed  Services                                                               
Committee  is  because  it  will get  to  more  legislators  more                                                               
quickly.   The report will  also go  to the senate  secretary and                                                               
the chief clerk  because "sometimes we do get  those reports, and                                                               
other times we don't," he pointed out.                                                                                          
                                                                                                                                
1:08:51 PM                                                                                                                    
                                                                                                                                
WILLIAM  JODWALIS, Staff,  Representative Scott  Kawasaki, Alaska                                                               
State   Legislature,   responded  to   Representative   Saddler's                                                               
previous question and advised that  the report would be presented                                                               
to the  Joint Armed  Services Committee  annually.   He explained                                                               
that  it would  be two  reports during  the first  year, and  the                                                               
second year  would be bi-annually  presented to  the legislature.                                                               
The  idea  of the  report  being  presented  to the  Joint  Armed                                                               
Services  Committee is  so that  the information  can get  to the                                                               
military community  more efficiently.   The information  would be                                                               
passed on to  legislators who may have districts  that would more                                                               
directly  be  affected with  the  content  of  that report.    As                                                               
Representative  Kawasaki  advised,  this legislation  is  modeled                                                               
after the States of Washington and Connecticut, he reiterated.                                                                  
                                                                                                                                
1:10:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  the  sponsor  considered                                                               
drafting the legislation  such that the one-year  report would be                                                               
delivered  to "everybody"  one-year, and  the two-year  bi-annual                                                               
report would  go "everybody" the second  year, if the goal  is to                                                               
provide the information  to as many people as possible  and in as                                                               
broad a reach as possible.                                                                                                      
                                                                                                                                
MR.   JODWALIS  answered   that   the   sponsor  would   consider                                                               
Representative Saddler's suggestion.                                                                                            
                                                                                                                                
1:10:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked the name  of the sponsor of the 2011                                                               
House Bill 28 courtesy license bill.                                                                                            
                                                                                                                                
MR. JODWALIS  replied that he  could get that information  to the                                                               
committee.                                                                                                                      
                                                                                                                                
1:11:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to the sponsor's  statement that                                                               
this bill would increase  communications between different boards                                                               
and commissions,  and he asked  how reporting to  the legislature                                                               
would improve communications between boards and commissions.                                                                    
                                                                                                                                
MR.  JODWALIS  responded  that the  requirements  of  the  report                                                               
direct that the  department work with the boards  in drafting the                                                               
report.   He  explained  that the  department  would compile  the                                                               
report  after  working  with  the  various  occupational  boards,                                                               
determine what is being done,  what better efforts could be taken                                                               
to fit  the requirements of the  report as outlined in  the bill;                                                               
submit the report  to the Joint Armed Services  Committee; and to                                                               
the legislature bi-annually.  The  intent, he advised, is that it                                                               
would facilitate  communications.  He opined  that the Department                                                               
of Defense suggested that  those states experiencing difficulties                                                               
with  the implementation  of their  military spouse  occupational                                                               
licensure situation  would review the  examples of the  States of                                                               
Washington and Connecticut.                                                                                                     
                                                                                                                                
1:12:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER suggested  that rather  than sending  the                                                               
information solely to the boards  authorized to issue a temporary                                                               
license, that  the legislature might  encourage "a little  bit of                                                               
an initiative" by  sending that notice to all of  the boards with                                                               
the thought that they might  decide to follow the same procedure.                                                               
He commented  that he  appreciates efforts  to make  the courtesy                                                               
license information  more publicly  available, and he  noted that                                                               
he may  come forward with  an amendment  to broaden the  scope of                                                               
the distribution.                                                                                                               
                                                                                                                                
MR. JODWALIS thanked Representative Saddler for his suggestion.                                                                 
                                                                                                                                
CHAIR TUCK asked Representative Saddler  to depict the boards and                                                               
commissions he would include in the potential amendment.                                                                        
                                                                                                                                
REPRESENTATIVE SADDLER  responded that it  is with regard  to all                                                               
boards and commissions.                                                                                                         
                                                                                                                                
1:13:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked whether the sponsor  anticipates a                                                               
fiscal note.                                                                                                                    
                                                                                                                                
MR.  JODWALIS answered  that the  sponsor does  not anticipate  a                                                               
fiscal note.                                                                                                                    
                                                                                                                                
1:14:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  referred   to  the   sponsor's  opening                                                               
statement  that  reporting would  increase  the  activity of  the                                                               
executive branch and  asked whether that statement  was under the                                                               
theory  that  if more  people  knew  about  it, they  would  take                                                               
advantage of this opportunity.                                                                                                  
                                                                                                                                
MR. JODWALIS replied that concerns  were brought to the sponsor's                                                               
attention  by  the  Department of  Defense  through  the  updated                                                               
preliminary  funding  of  the Eielson  Air  Force  Base  Regional                                                               
Growth  Plan.    He  noted  that a  focus  group  among  military                                                               
families  had taken  place in  order to  determine the  potential                                                               
challenges in  moving to Eielson Air  Force Base in light  of the                                                               
arrival of the  F-35s.  He advised that included  within the bill                                                               
packet is  a comment regarding  the challenges for anyone  with a                                                               
license from  a different state who  is required to obtain  a new                                                               
license or certification  in Alaska.  The point of  House Bill 28                                                               
was  to reduce  the  sort of  challenges faced  in  2011, and  he                                                               
opined  that   the  sponsor  identified   some  of   the  issues.                                                               
Facilitating the  department further  and "getting  their fingers                                                               
in those  regulations and checking  with their boards,  that will                                                               
hopefully get us where we want to go," he offered.                                                                              
                                                                                                                                
1:15:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to   HB  262,  Section  1,  AS                                                               
08.01.063(g), page 2, lines 13-16, which read as follows:                                                                       
                                                                                                                                
          (g) ... The department  shall encourage the boards                                                                    
     to designate  a single employee  to serve as  the point                                                                    
     of  contact   for  public  information   and  inquiries                                                                    
     related  to temporary  courtesy  licenses for  military                                                                    
     spouses.                                                                                                                   
                                                                                                                                
REPRESENTATIVE SADDLER  advised that he previously  worked on the                                                               
Alaska Boards  and Commissions  and each board  does have  such a                                                               
person,  and  he suggested  that  it  might  be helpful  to  make                                                               
certain they  know the name of  the contact person, and  that the                                                               
person knows it is part of their duties.                                                                                        
                                                                                                                                
1:16:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  noted that everything in  this legislation                                                               
is a  good idea but commented  that it is sad  the bill regarding                                                               
temporary licenses  was passed in  2011, and the  legislature had                                                               
to pass another  bill to make certain the  boards and commissions                                                               
actually  understood   "what  we've  done."     It  appears  that                                                               
something  slipped through  the  cracks of  the executive  branch                                                               
during a  couple of  administrations, and  she asked  whether the                                                               
administration should  be advising its boards  and commissions as                                                               
to what is available.                                                                                                           
                                                                                                                                
MR. JODWALIS commented that the  sponsor asked himself those same                                                               
questions  and  opined  that  it  was a  matter  of  letting  the                                                               
foundation settle  a bit  in order  to see  the cracks,  and that                                                               
some  of  the cracks  were  not  anticipated.   For  instance,  a                                                               
licensed  acupuncturist  from  another  state  would  investigate                                                               
Alaska  "acupuncturist   license"  on   the  internet,   and  the                                                               
expedited military spouse licensing  information is listed off to                                                               
the  side under  "military licensing."    Due to  the spouse  not                                                               
being military  personnel, they may  not think that the  link off                                                               
to the  side directly applies.   Although, he pointed out,  it is                                                               
necessary that  the spouse  follow that link  in order  to obtain                                                               
the  additional paperwork  and receive  that expedited  licensure                                                               
privilege.   He offered  that the report  will reveal  the cracks                                                               
and hopefully after  everyone has reviewed the  report, they will                                                               
be fixed.                                                                                                                       
                                                                                                                                
1:19:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  commented  that  sometimes  entities  and                                                               
departments  prepare  reports  on   different  issues  and  those                                                               
reports  are  not  necessarily perused  to  the  greatest  extent                                                               
possible.   She suggested that  a concerted effort might  be made                                                               
to  work with  the  administration  to try  to  determine how  to                                                               
redesign a website, if that is the problem.                                                                                     
                                                                                                                                
1:20:23 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK advised  that the 2011 House Bill  28 was co-sponsored                                                               
by Representatives Bill  Thomas, Bob Herron, and  Eric Feige, all                                                               
of which are no longer serving in office.                                                                                       
                                                                                                                                
1:20:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  referred to  the previous  testimony of                                                               
Sarah Chambers, Deputy Director,  Workforce Investment Board, who                                                               
shared that 13,396 applications  were submitted for certification                                                               
or licensure last  year, of which approximately  70 were veterans                                                               
or military spouse-related.   This, she offered, may  be the case                                                               
of the "needle and the hay-stack"  wherein a light could be shown                                                               
on the needle  through HB 262, in order to  elevate the issue and                                                               
keep it on  everyone's mind.  She added that  when there are over                                                               
13,000  applications, there  could be  the natural  propensity to                                                               
lean  toward volume  processing and  less toward  the exceptions.                                                               
This discussion, she  pointed out, is about  unique exceptions in                                                               
which to  make note, and  she commended the sponsor  for bringing                                                               
the bill forward.                                                                                                               
                                                                                                                                
1:22:30 PM                                                                                                                    
                                                                                                                                
FRED  PARADY,   Deputy  Commissioner,  Department   of  Commerce,                                                               
Community  & Economic  Development (DCCED),  advised that  he was                                                               
available for questions.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  opined that  quite a  few of  these boards                                                               
and commissions from  which people would like  to obtain courtesy                                                               
licenses would be  under the Department of  Commerce, Community &                                                               
Economic Development (DCCED).                                                                                                   
                                                                                                                                
MR. PARADY offered  to first provide a  background, and explained                                                               
that  the Division  of Corporations,  Business, and  Professional                                                               
Licensing handles  roughly 225,000  renewals for licenses  or new                                                               
licenses  each year,  roughly 1/3  corporations, 1/3  businesses,                                                               
and  1/3   professional.    Within  the   professional  licensing                                                               
category, it has  43 professions that the legislature  saw fit to                                                               
regulate, and 21 of those professions have boards.                                                                              
                                                                                                                                
1:23:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  surmised  that  House  Bill  28  and  the                                                               
presentation  of  HB  262  sheds  some light  on  the  fact  that                                                               
military  spouses  are  experiencing difficulties  obtaining  the                                                               
courtesy licenses  enacted into law  in 2011.  She  asked whether                                                               
Mr. Parady had suggestions to remedy the situation.                                                                             
                                                                                                                                
MR. PARADY  advised that the department  was certainly responsive                                                               
to 2011  House Bill  28, it has  the department's  attention, and                                                               
the  department  shares  the  eagerness  to  serve  our  military                                                               
personnel.   After  the enactment  of House  Bill 28,  three best                                                               
practices were established by the  Department of Defense, each of                                                               
which   the  Department   of  Commerce,   Community  &   Economic                                                               
Development  has enacted.    He offered  those  best practice  as                                                               
follows:  licensure   by  endorsement  or  credentials;   if  the                                                               
credentials  approximate   the  department's   requirements;  the                                                               
application then moves to temporary  licensure for 360 days while                                                               
the  person  puts together  the  necessary  paperwork; and  those                                                               
military  applications  are expedited.    He  commented that  the                                                               
department does have  its focus on that "needle  in the haystack"                                                               
and that it  serves its residents.  He directed  the committee to                                                               
the   department's  webpage   and  acknowledged   that  "military                                                               
licensure"  is  a   sidebar  on  its  quick   links  because  the                                                               
department puts  everything that  is "in  common across  those 43                                                               
professions in one  link," and he would look to  see whether that                                                               
could be  [more user  friendly].   That link  "takes you  to this                                                               
page, and  it takes you  to a  one-page form that  clarifies your                                                               
military status."   Regardless  of whether  the person  fills out                                                               
that form, during  the time the department's  examiners review an                                                               
application  and observe  anything military  on the  application,                                                               
the  application goes  to the  top of  the list.   He  noted that                                                               
relative to the  Eielson Regional Growth Plan, there  is a "Tiger                                                               
Team" that meets in Fairbanks  regarding the upcoming growth with                                                               
the  stationing of  the F-35s.   He  advised that  he was  on the                                                               
telephone when  the Eielson Regional  Growth Plan  was presented,                                                               
noted  this potential  problem, and  spoke to  the fact  that the                                                               
department  is  supportive  to the  needs  of  military  spouses,                                                               
veterans, and  members to licensure.   The department  is focused                                                               
on the  project, the problem,  and it is  happy to do  better, he                                                               
offered.                                                                                                                        
                                                                                                                                
1:26:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether  this bill  would help  the                                                               
department do better and remain focused.                                                                                        
                                                                                                                                
MR. PARADY advised that the department  is neutral on HB 262, the                                                               
addition in  statute of  an annual  reporting requirement  is the                                                               
will of  the legislature, communication  is always a  good thing,                                                               
and the department  is a telephone call away and  happy to report                                                               
to the legislature.                                                                                                             
                                                                                                                                
1:26:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to  Mr. Parady's  statement that                                                               
there are  43 professions and 21  of those have boards,  he asked                                                               
how many boards or commissions  currently offer military courtesy                                                               
licenses.                                                                                                                       
                                                                                                                                
MR. PARADY responded that according to  the data in front of him,                                                               
the list  depicts 11 boards  that do not offer  military courtesy                                                               
licenses and  typically that is  because they either do  not have                                                               
an exam requirement or they are  unique licenses for Alaska.  For                                                               
example,  registered  or  assisted   guide  outfitters  who  must                                                               
demonstrate knowledge of Alaska's  game law; game transporter who                                                               
has a  reporting requirement in  the transportation of  big game;                                                               
marine pilots who  step on board and take command  of large ships                                                               
that  might  be  traveling  into  a  harbor  unfamiliar  to  that                                                               
captain,  or through  the Wrangell  Narrows, and  so forth.   The                                                               
boards that do  not offer military courtesy  licenses are limited                                                               
to specific reasons.                                                                                                            
                                                                                                                                
1:28:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  offered a  scenario of a  military spouse                                                               
availing themselves  to one of  these professional  licenses, and                                                               
asked whether they pay a fee, and  if so, is it credited to their                                                               
eventual permanent professional license.                                                                                        
                                                                                                                                
MR. PARADY related that he would  have to confirm his answer, and                                                               
he opined that they pay a fee just like any other applicant.                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER noted  that  there  are individuals  with                                                               
professional licenses who certainly  support the military but are                                                               
concerned about  being asked to support  the professional license                                                               
of a possible competitor.                                                                                                       
                                                                                                                                
1:28:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER referred to  the question of whether this                                                               
bill  would help  the department  "accomplish  better" and  asked                                                               
whether the department can accomplish better without the bill.                                                                  
                                                                                                                                
MR. PARADY  reiterated that the  department is neutral as  to the                                                               
bill and it  certainly has its attention focused  here.  Frankly,                                                               
he  stated,  within  the  Department  of  Commerce,  Community  &                                                               
Economic  Development  on  the  Commerce  side,  it  is  of  keen                                                               
interest  that the  Fairbanks military  expansion with  the F-35s                                                               
growth plans  come to fruition and  bear fruit for Alaskans.   He                                                               
explained that  what he is trying  to say is that  the department                                                               
is paying attention.                                                                                                            
                                                                                                                                
1:29:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER requested  clarification that the Division                                                               
of Corporations,  Business, and Professional  Licensing currently                                                               
does  need a  single  person  to serve  as  the  point of  public                                                               
contact, or whether that is a position to be redirected.                                                                        
                                                                                                                                
MR. PARADY  deferred to Sara Chambers,  Deputy Division Director,                                                               
because she  is the lead.   He related that across  the 21 boards                                                               
there are approximately 150 or so  members, and they go through a                                                               
new  board  member  orientation and  board  training,  and  those                                                               
materials  include  reference  to   military  licensing  and  its                                                               
specific requirements.  He pointed  out that the department tries                                                               
to build it into the front loading of its new board members.                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether the committee  would be able                                                               
to question Commissioner Robert Doehl or Sara Chambers.                                                                         
                                                                                                                                
CHAIR  TUCK   advised  that  Sara  Chambers   was  not  currently                                                               
available as she was testifying in other committees.                                                                            
                                                                                                                                
1:31:45 PM                                                                                                                    
                                                                                                                                
ROBERT MR.  DOEHL, Deputy Commissioner, Department  of Military &                                                               
Veterans'  Affairs (DMVA),  advised  he was  available to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
1:31:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked that  when families arrive  on base,                                                               
whether part of  their orientation or procedure  makes clear that                                                               
special courtesy licenses are available.                                                                                        
                                                                                                                                
MR. DOEHL  responded that there  is not a mandatory  briefing for                                                               
military spouses  or children  arriving on  Alaskan bases  as the                                                               
service members are  required to attend briefings.   Although, he                                                               
acknowledged that the service member  may not advise their spouse                                                               
about  the licenses  but  that is  completely  controlled by  the                                                               
Department of Defense,  and currently spouses are  not briefed in                                                               
the United States locations.                                                                                                    
                                                                                                                                
1:33:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX surmised  that  there is  not a  mandatory                                                               
briefing  or orientation  for military  spouses or  children, and                                                               
she asked  whether there is  some sort of voluntary  briefing for                                                               
those spouses who would like a briefing.                                                                                        
                                                                                                                                
MR. DOEHL  answered that they may,  as an option, attend  the end                                                               
briefing that  their service member  attends, but there is  not a                                                               
briefing focused on the needs of the spouse in the new location.                                                                
                                                                                                                                
1:33:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX commented that  without making it a federal                                                               
case, so to speak, could there be a spouse briefing.                                                                            
                                                                                                                                
MR. DOEHL  replied that  the briefings  or orientations  given to                                                               
service members and their families  arriving on Alaska's military                                                               
bases are controlled  by the federal government,  and the federal                                                               
government  has  not  yet given  Alaska  sovereignty  over  those                                                               
briefings.   At  this point,  the department  could reach  out to                                                               
Citizens  Action Group  or other  groups in  which Representative                                                               
Saddler  regularly participates  with JBER  and ask  the base  to                                                               
consider that  option.  However, he  said, it would be  a federal                                                               
military decision as to what it offers.                                                                                         
                                                                                                                                
REPRESENTATIVE  SADDLER  commented  that there  are  an  infinite                                                               
number  of  programs  available  that  exchange  information  and                                                               
operate well that do not necessarily require a federal program.                                                                 
                                                                                                                                
1:34:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether  the department  offers any                                                               
type of publications as to  the benefits available to veterans in                                                               
Alaska and  the resources available  for military  spouses, while                                                               
acknowledging    that   is    not   the    department's   primary                                                               
responsibility.                                                                                                                 
                                                                                                                                
MR.  DOEHL answered  that at  this time  the department  does not                                                               
have publications tailored to military spouses in Alaska.                                                                       
                                                                                                                                
1:35:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented  that this  is  an  important                                                               
issue  because the  service member  may receive  a whole  host of                                                               
information,  but it  is never  distributed to  the spouse.   She                                                               
opined   that  there   should  be   some   sort  of   information                                                               
distribution system that offers  awareness to the spouses because                                                               
there could be a communication gap.                                                                                             
                                                                                                                                
MR. DOEHL  responded that Major  General Hummel can reach  out to                                                               
the Alaska command (ALCOM) commander  and the general officers in                                                               
the state to  explore what mechanisms they may  have available to                                                               
facilitate this issue.                                                                                                          
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked Mr.  Doehl  to  get back  to  the                                                               
committee with that information.                                                                                                
                                                                                                                                
MR. DOEHL  advised that  he would  get back  to the  committee or                                                               
Major  General Hummel  will  be  in Juneau  and  can discuss  the                                                               
issue.                                                                                                                          
                                                                                                                                
1:36:59 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK opened public testimony on HB 262.                                                                                   
                                                                                                                                
1:39:01 PM                                                                                                                    
                                                                                                                                
DALE VANDE HAY, Defense State  Liaison Office, Military Community                                                               
and Family  Policy, Department of  Defense, advised that  this is                                                               
an issue the Department of Defense  has been working on as one of                                                               
its ten  key issues throughout  the years.  He  acknowledged that                                                               
the issues were "birthed somewhat"  during the 2011 timeframe and                                                               
advised  that the  Defense  State Liaison  Office  tries to  help                                                               
military  members and  their spouses  who relocate,  whether they                                                               
are  service members  getting out  of  the service  that wish  to                                                               
settle  in  Alaska or  spouses  who  arrive with  their  military                                                               
member to an installation in Alaska.   He commented that he was a                                                               
support group commander  at Elmendorf Air Force Base  in the late                                                               
1990s, and  he does have a  frame of reference on  the challenges                                                               
of moving  to Alaska.   This  effort is  probably the  number one                                                               
challenge, even  today, for those military  spouses joining their                                                               
spouse as  they move around the  country.  He advised  that he is                                                               
one of eight  liaisons who cover the 50 states  and he can attest                                                               
to the fact that  this problem has not gone away.   This issue is                                                               
back because  the Department  of Defense  was still  hearing that                                                               
this was  a problem  even though  all states  had passed  laws to                                                               
work through  the issues of  licensure by  endorsement, temporary                                                               
license, and  expedited processes,  but it did  not appear  to be                                                               
getting   better.     Therefore,   the   Department  of   Defense                                                               
commissioned  the University  of  Minnesota to  prepare a  report                                                               
examining military  spouse licensure  and the results  across the                                                               
board were that  more efforts could be taken.   Granted, he said,                                                               
in the  hearing two days ago  on the whole issue  of occupational                                                               
licensure,  there was  a lot  of  discussion about  the issue  of                                                               
academic credentials, and  what the boards are or  are not doing,                                                               
and  this legislation  will reinforce  the need  to give  further                                                               
attention to this  continuing dilemma.  He advised  that the base                                                               
has a  spouse employment manager  who is typically at  either the                                                               
Army  Community  Services Center  or  the  Army Family  Readiness                                                               
Site, and  they do everything  they can  to help a  spouse access                                                               
their new location.   Typically, when a person  is a professional                                                               
spouse with  a certification or  a license, they know  that their                                                               
license is controlled by the board  in that state, and the person                                                               
would go to the board to  have their license renewed or certified                                                               
in some manner.  The onus is  on the spouse to contact the board,                                                               
and he related that it is  reassuring to hear that the boards are                                                               
doing everything they can to improve that process.                                                                              
                                                                                                                                
1:44:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER noted that  his general experience is that                                                               
top  vocations for  military spouses  tend to  be teachers,  real                                                               
estate agents,  healthcare professionals, and businesses,  and he                                                               
asked  Mr. Vande  Hay  to  relay the  most  likely vocations  for                                                               
temporary licenses.                                                                                                             
                                                                                                                                
MR.  VANDE  HAY  responded  that   the  professions  include  the                                                               
professions  Representative Saddler  mentioned, and  teachers and                                                               
nurses  are in  that category.   There  is an  effort across  the                                                               
country to  advocate for interstate compacts  which are currently                                                               
in the areas of  physical therapy, emergency medical technicians,                                                               
nurses,  and  psychology  professionals.   The  point  being,  he                                                               
offered, is  that these interstate  compacts, being  populated in                                                               
all   50   states   by   those   particular   associations,   are                                                               
opportunities for assistance for the  military spouses.  He added                                                               
that a  University of  Minnesota report  zeroed in  on particular                                                               
skills that  are also needed  and used by military  spouses, such                                                               
as cosmetology,  dental hygiene,  massage therapy,  mental health                                                               
counseling, occupational therapy, and real estate.                                                                              
                                                                                                                                
1:46:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  Mr.   Vande  Hay  to  repeat  the                                                               
occupations.                                                                                                                    
                                                                                                                                
MR.  VANDE  HAY  advised  as  follows:  massage  therapy,  dental                                                               
hygiene,   cosmetology,  physical   therapy,  emergency   medical                                                               
services, nurses, and psychologists.                                                                                            
                                                                                                                                
1:47:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH noted  that  in  previous discussions  the                                                               
question has been raised as to  what is being done to accommodate                                                               
people with  teaching credentials,  which might not  follow under                                                               
the  Department of  Commerce, Community  & Economic  Development.                                                               
He asked  what the  legislature can do  to facilitate  a military                                                               
spouse's teaching  credential and being  able to teach in  one of                                                               
Alaska's schools.  He noted that  Mr. Parady was shaking his head                                                               
no.   Representative Parish  then broadened  his question  to ask                                                               
what  the other  states are  doing more  effectively that  Alaska                                                               
could model.                                                                                                                    
                                                                                                                                
MR. VANDE HAY advised that this  is another one of the Department                                                               
of  Defense's  issues because  teachers  do  not fall  under  the                                                               
purview  of  these licensing  compacts,  and  as to  a  temporary                                                               
certificate, the  States of Indiana  and Oregon provide  a three-                                                               
year temporary  certificate.   He explained  that when  a teacher                                                               
arrives in one of those  states, their initial qualifications are                                                               
required and  sometimes they don't  have all of  the information,                                                               
such  as state  history.   Those teachers  are given  a temporary                                                               
license  for three  years  or eighteen  months  and then  another                                                               
eighteen months,  which is  pretty much in  the purview  of House                                                               
Bill 28.   Except, he noted,  it does not cover  teachers because                                                               
teachers are  not under that bill.   In the event  the Department                                                               
of  Education was  rolled into  this  process and  had that  same                                                               
requirement,   the   person   could  be   given   the   temporary                                                               
certificate,  gather  the  paperwork  or  obtain  the  additional                                                               
credentials, and  the license  could be  renewed after  a certain                                                               
amount of time.                                                                                                                 
                                                                                                                                
1:50:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER asked  whether the  list he  had offered                                                               
was a finite list or an example list.                                                                                           
                                                                                                                                
MR. VANDE HAY  answered that the list was an  example of the most                                                               
used populations of professional  military spouses, but there are                                                               
other occupations.                                                                                                              
                                                                                                                                
1:51:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER offered an example  of being married to a                                                               
plumber, a  general contractor, or  a profession of  that nature,                                                               
and  "you are  the person  getting transferred  to Alaska  in the                                                               
military" and those  are the types of licenses  your spouse would                                                               
hold, "are those excluded also?"                                                                                                
                                                                                                                                
MR.  VANDE HAY  asked whether  the  question is  if plumbers  and                                                               
contractors are excluded.                                                                                                       
                                                                                                                                
REPRESENTATIVE  RAUSCHER  advised  that   he  was  interested  in                                                               
general  contracting  and all  of  those  types of  licenses  and                                                               
commented that he imagined they are excluded.                                                                                   
                                                                                                                                
MR. VANDE  HAY advised that  it all  depends on whether  they are                                                               
currently  covered by  the Department  of  Commerce, Community  &                                                               
Economic Development  that handles most  of those skills,  but he                                                               
did not have a listing of those  skills.  In the event the desire                                                               
is  to   have  those  particular   skills  covered,   then  those                                                               
professional boards could be included in this process.                                                                          
                                                                                                                                
REPRESENTATIVE RAUSCHER asked  Chair Tuck if there was  a way "we                                                               
can get on a list from wherever it is supposed to come from?"                                                                   
                                                                                                                                
CHAIR  TUCK opined  that it  would  come from  the Department  of                                                               
Commerce,  Community &  Economic  Development.   He advised  that                                                               
House  Bill 28  is  in  front of  him  which  is basically  about                                                               
licenses, and  he was  unsure how far  it went  into professional                                                               
licenses.   In the event  someone had a contractor's  license, he                                                               
said, he was  unsure it would be easily transferred  as it mostly                                                               
refers to professional licenses.                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER said, dental hygienist.                                                                                 
                                                                                                                                
CHAIR TUCK pointed  out that that is a professional  license.  He                                                               
said  he would  try  to  obtain a  list  from  the Department  of                                                               
Commerce, Community & Economic Development.                                                                                     
                                                                                                                                
1:53:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  referred   to  female  service  members                                                               
married to a general contractor  who is following them around the                                                               
country and  asked whether  there are a  rising number  of female                                                               
service members.                                                                                                                
                                                                                                                                
CHAIR  TUCK reminded  the committee  that it  is currently  under                                                               
public  testimony and  all questions  should be  directed to  the                                                               
testifier and not to other witnesses.                                                                                           
                                                                                                                                
1:54:49 PM                                                                                                                    
                                                                                                                                
DAVID NEES, Alaska Policy Forum,  offered appreciation for HB 262                                                               
because it  offers the public a  chance to review how  the system                                                               
is currently working, and it  appears that there are major issues                                                               
to consider.   The Alaska Policy  Forum noticed that a  number of                                                               
military  spouses with  teaching credentials  are working  at the                                                               
private schools because "it requires  too much money out of their                                                               
pocket" to  train to become Alaska  certified.  He said,  "We" do                                                               
have a  temporary system for  teachers, but  it is only  good for                                                               
one year  and he suggested  allowing, for example, one  year with                                                               
one year  out and  then another  one year  out.   In the  event a                                                               
spouse arrives from overseas, there may  have been a gap in their                                                               
teaching service because  they were unable to teach  in the local                                                               
schools overseas, but  they still hold a  professional license in                                                               
teaching.  He reminded the committee  that there is a shortage of                                                               
teachers in Alaska  so anything "you can do to  include that into                                                               
this process"  would be  helpful.   The concentration  of getting                                                               
the information  out regarding  professional licenses  should not                                                               
be solely  focused on  the base; information  should be  given to                                                               
parents when they  register their children at  the local schools,                                                               
he  suggested.   He asked  the committee  to consider  whether to                                                               
include teaching in  one of the temporary licensures  in order to                                                               
work in the  State of Alaska.  Currently, he  said, most military                                                               
spouses with a degree in education  are not working in the public                                                               
school system  and are working  in private school  systems simply                                                               
because there  are too many hurdles  to jump when they  know full                                                               
well  that  at   some  point,  they  will  return   home.    This                                                               
legislation  looks   at  whether  the  Department   of  Commerce,                                                               
Community  &  Economic  Development  is the  best  place  to  get                                                               
information about licensure out to the military.                                                                                
                                                                                                                                
REPRESENTATIVE  PARISH  asked   whether  a  three-year  temporary                                                               
license for those in the  teaching profession would substantively                                                               
respond to the needs he had pointed out.                                                                                        
                                                                                                                                
MR. NEES  answered that it  would, or  to simply have  a one-year                                                               
license.                                                                                                                        
                                                                                                                                
1:59:23 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK,  after ascertaining  that no  one wished  to testify,                                                               
closed public testimony on HB 262.                                                                                              
                                                                                                                                
[HB 262 was held over.]                                                                                                         
                                                                                                                                
         HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                     
                                                                                                                                
2:00:05 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  final order of business  would be                                                               
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."                                                                                                             
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:00 p.m. to 2:02 p.m.                                                                       
                                                                                                                                
2:02:03 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK listed  the witnesses  available for  questions.   He                                                               
advised that two  amendments were before the committee.   One was                                                               
related to  discussion that took  place during the  last meeting,                                                               
regarding the idea  of including all service  members, whether or                                                               
not  they are  a member  of the  organized militia,  so that  the                                                               
standard  is the  same for  all military  personnel.   The second                                                               
amendment follows the alcohol and  drug policies throughout Title                                                               
26 statutes.                                                                                                                    
                                                                                                                                
2:03:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX moved  to adopt  Amendment 1,  labeled 30-                                                               
LS1099\A.1, Glover, 2/5/18, which 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"                                                                                                
                                                                                                                                
2:03:45 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:03 p.m. to 2:05 p.m.                                                                       
                                                                                                                                
2:05:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  objected to the adoption  of Amendment 1                                                               
for purposes of discussion, and for a friendly amendment.                                                                       
                                                                                                                                
2:05:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  explained that  Amendment  1  attempts to  keep  the                                                               
language consistent with  the language "we had  earlier" that was                                                               
pointed out  on HB 307  because some  areas dealt with  drugs and                                                               
other areas dealt with alcohol.                                                                                                 
                                                                                                                                
2:05:53 PM                                                                                                                    
                                                                                                                                
LIEUTENANT  COLONEL CHRISTOPHER  WEAVER, Office  of the  Adjutant                                                               
General, Alaska National Guard, advised  that he was driving, and                                                               
asked that Chair Tuck explain Amendment 1.                                                                                      
                                                                                                                                
CHAIR TUCK advised  that during the last  hearing, the discussion                                                               
began at Sec. 16, [AS  26.05.785(b), page 10, lines 14-15], which                                                               
read as follows:                                                                                                                
                                                                                                                                
       (b) A member of the militia who unlawfully drinks                                                                        
     an alcoholic beverage with a prisoner may be punished                                                                      
     by up to one year of confinement ...                                                                                       
                                                                                                                                
CHAIR TUCK  explained that the  committee wanted the  language to                                                               
refer not to  simply drinking but "unlawfully uses a  drug with a                                                               
prisoner."                                                                                                                      
                                                                                                                                
2:07:04 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK referred to [Sec. 21.  AS 26.05.860, page 12, line 3],                                                               
and advised  that the amendment  brings in the drug  component to                                                               
all alcohol references.                                                                                                         
                                                                                                                                
CHAIR TUCK referred to [Sec. 21.  AS 26.05.860, page 12, lines 1-                                                               
7], which read as follows:                                                                                                      
                                                                                                                                
          Drunkennes   and  other   incapacitating  offenses                                                                
     [DRUNK ON DUTY].   A member of the  militia, other than                                                                  
     a  sentinel or  lookout,  who (1)  is  found under  the                                                                
     influence of alcohol while on  duty, or (2) as a result                                                                
     of  indulgence in  any alcoholic  beverage or  drug, is                                                                
     unable  to properly  perform the  member's duty  may be                                                                
     punished up to one year of confinement ...                                                                                 
                                                                                                                                
CHAIR TUCK  explained that  the amendment takes  page 12,  line 3                                                               
and  adds the  word "drug,"  thereby the  language would  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     ... who (1) is found  under the influence of alcohol or                                                            
     a drug while on duty, or (2).                                                                                      
                                                                                                                                
2:08:02 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK referred  to  [Sec. 22,  AS  26.05.865(b)], page  12,                                                               
lines  9-10,  and  explained  that the  language  would  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
          (b)  A   member  of  the  militia   who,  while  a                                                                    
     prisoner,  is  drunk  or  under   the  influence  of  a                                                                
     controlled  substance shall  be  punished  as a  court-                                                                
     martial may direct.                                                                                                        
                                                                                                                                
CHAIR TUCK  again referred  to [Sec.  22, AS  26.05.865(b)], page                                                               
12, lines  9-10, and  explained that the  language would  read as                                                               
follows:                                                                                                                        
                                                                                                                                
          (b)  A   member  of  the  militia   who,  while  a                                                                    
     prisoner,  is  drunk  or  under   the  influence  of  a                                                                
     controlled  substance shall  be  punished  as a  court-                                                                
     martial may  direct.   In this  subsection, "controlled                                                                
     substance" has the meaning given in AS 26.05.870.                                                                      
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  referred to  [Sec. 23. AS  26.05.865] page  12, lines                                                               
12-13, and explained that the language would read as follows:                                                                   
                                                                                                                                
          A  sentinel  or lookout  who  is  found under  the                                                                    
     influence  of alcohol  or  a drug  or  sleeping on  the                                                                
     sentinel's or lookout's post ...                                                                                           
                                                                                                                                
CHAIR TUCK offered that intent of  Amendment 1 is to list alcohol                                                               
and any illegal drugs as well.                                                                                                  
                                                                                                                                
2:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to  [Sec. 22,  AS 26.05.865(b)],                                                               
page  12, line  10, and  the addition  of the  following language                                                               
[after  the  word  "direct."]  In  this  subsection,  "controlled                                                           
substance" has  the meaning  given in AS  26.05.870.   He offered                                                           
concern where  the amendment adds  in "illegally uses  drugs" and                                                               
"drugs,"  and requested  clarity as  to whether  these terms  are                                                               
according to state or federal  law, whether there is a definition                                                               
for a  drug, whether a drug  necessarily is an illegal  drug, and                                                               
so forth.                                                                                                                       
                                                                                                                                
LIEUTENANT  COLONEL  CHRISTOPHER  WEAVER responded  that  in  the                                                               
performance  of a  service member's  duties, it  does not  matter                                                               
whether the drug  is legal or illegal.  He  offered that in other                                                               
portions of  the Alaska  Code of Military  Justice (ACMJ),  it is                                                               
illegal just  as a matter of  being in the military,  so it would                                                               
have to be an illegal drug.                                                                                                     
                                                                                                                                
2:09:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked that he  repeat his answer and asked                                                               
whether it is  necessary to define drugs as legal,  illegal, or a                                                               
controlled substance, and  whether there is one way  to list this                                                               
consistently throughout  the bill or  whether it is  necessary to                                                               
have the distinct verbiage in each individual case.                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER   clarified  that  he  would   feel  more                                                               
comfortable  if   he  saw   consistent  nomenclature   for  every                                                               
reference  to  alcohol,  drug,  legal,  illegal,  and  controlled                                                               
substance because  different words  may have  different technical                                                               
definitions.                                                                                                                    
                                                                                                                                
2:11:46 PM                                                                                                                    
                                                                                                                                
CAPTAIN BLAKE  CIRCLE, Alaska National Guard,  explained that "on                                                               
a number  of these," the  reason it  does not matter  whether the                                                               
language is "legal drug" or  "illegal drug," is because the issue                                                               
is the  resulting incapacitation.   For  example, Nyquil  or some                                                               
other drug can  cause incapacitation to where  the service member                                                               
could not  perform their  duties.   He said  that is  the problem                                                               
some  of these  sections  address,  and the  reason  some of  the                                                               
language is  "drug" and not  "illegal drug," is because  the goal                                                               
is  to  address  instances  where  a soldier  may  take  what  is                                                               
determined a legal  drug, but it causes  incapacitation such that                                                               
they could not perform their duties, he reiterated.                                                                             
                                                                                                                                
2:12:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  commented that that  information answered                                                               
his question, except  the underlying question still  remains.  He                                                               
asked whether language could be  used consistently throughout the                                                               
bill,  for example,  "a  drug or  an illegal  drug  such that  it                                                               
results in incapacitation."                                                                                                     
                                                                                                                                
CAPTAIN CIRCLE  apologized that Amendment  1 was not in  front of                                                               
him.                                                                                                                            
                                                                                                                                
2:13:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that  she had those  same concerns                                                               
and had  "quite an  in-depth conversation with  Leg Legal."   She                                                               
suggested a friendly conceptual amendment  wherein on lines 2, 5,                                                               
15, delete  the words "a  drug" and insert "an  illicit substance                                                               
or a controlled substance."                                                                                                     
                                                                                                                                
REPRESENTATIVE   SPOHNHOLZ  commented   that  that   changes  the                                                               
meaning.                                                                                                                        
                                                                                                                                
2:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX noted  that she was looking  at Amendment 1                                                               
and HB  307 as written,  and on page  12, line 3-4,  the language                                                               
read as follows:                                                                                                                
                                                                                                                                
       or (2) as a result of indulgence in any alcoholic                                                                    
     beverage or drug, ...                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX asked whether  that would include a service                                                               
member who  had taken a  prescription drug or  a non-prescription                                                               
drug  with no  criminal intent.   She  stressed that,  if someone                                                               
falls asleep  on duty that is  one thing, but if  they had simply                                                               
taken Sudafed  or something  similar, and  were aware  they could                                                               
fall asleep, but  they were not asleep, she does  not want to see                                                               
someone prosecuted  for taking cold  medication unless  they were                                                               
"over-taking it  or something"  just for fun.   Her  concern, she                                                               
expressed, is how  that reads in the statute as  "we now have it,                                                               
even before the amendment."                                                                                                     
                                                                                                                                
CHAIR TUCK asked Deputy Commissioner  Robert Doehl to explain why                                                               
"drug" is written in this  provision, and whether it includes all                                                               
drugs, legal and illegal, prescribed and non-prescribed drugs.                                                                  
                                                                                                                                
2:16:24 PM                                                                                                                    
                                                                                                                                
DEPUTY    COMMISSIONER    ROBERT    DOEHL,    Office    of    the                                                               
Commissioner/Adjutant   General,   Department   of   Military   &                                                               
Veterans'  Affairs (DMVA),  answered  that the  concern from  the                                                               
department is regarding any substance  that renders an individual                                                               
unable  to safety  operate an  aircraft or  machine gun  or other                                                               
lethal instrumentality.   In the  case of drugs such  as Sudafed,                                                               
he noted  that a warning  is placed on the  box, and even  for an                                                               
over-the-counter  drug, it  may  render  a person  incapacitated.                                                               
There are avenues  within the military for the  service member to                                                               
advise  that they  are  sick  and are  taking  a medication  that                                                               
instructs a  person not to  operate heavy machinery,  he offered.                                                               
In the event  a service member is not fit  for duty, the solution                                                               
is not to  ignore the warnings on  the label, it is  to report to                                                               
their supervisor that they are  medically unable to perform their                                                               
duties at that  time.  He advised that it  is called, "duties not                                                               
involving flight"  (DNIF) for  pilots.   Virtually anyone  in the                                                               
military who  is required  medication for  a medical  purpose can                                                               
report to their supervisor that  they are unable to perform their                                                               
duty due to a medication and it is not actionable.                                                                              
                                                                                                                                
2:17:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX argued  that this  [legislation] does  not                                                               
solely cover pilots and people  using other heavy equipment.  For                                                               
example, this would  mean that if someone took a  Sudafed and was                                                               
feeling a  little sleepy, they  could be prosecuted for  a crime.                                                               
She stated  that that is  not necessarily  where "we or  you" may                                                               
want to go.                                                                                                                     
                                                                                                                                
MR. DOEHL  answered that if  he drives when  he is drowsy,  and a                                                               
warning label advised that "this  may make you drowsy," he should                                                               
be prosecuted in that case.  As  to the equipment they use in the                                                               
operating  parameters,   there  is   a  heightened   standard  of                                                               
responsibility, which  is why they  are given that "free  out" if                                                               
they medically are unable to perform  a duty, they report it, and                                                               
"they don't have to."                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX commented, "If a  person is driving, but if                                                               
the person was simply attending a committee meeting ..."                                                                        
                                                                                                                                
2:19:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ interjected  and referred Representative                                                               
LeDoux to page 12, lines 3-4, which read as follows:                                                                            
                                                                                                                                
     or (2) as a result of indulgence in any alcoholic                                                                      
     beverage or drug, is unable to properly perform the                                                                    
     member's duty ...                                                                                                      
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ explained that  the service member would                                                               
not be prosecuted  for taking Sudafed and being  a little drowsy,                                                               
the person would be prosecuted  for taking an inappropriate level                                                               
of Sudafed  thereby rendering the person  incapable of performing                                                               
their duties, and not taking  advantage of the procedure of which                                                               
allows the person to not work.                                                                                                  
                                                                                                                                
MR.  DOEHL responded  that "in  our case,"  properly perform  the                                                               
duties  would be  the test,  and  whether an  improper amount  of                                                               
substance was  taken.   In the  event he  was unable  to properly                                                               
testify at  this committee hearing  because he was asleep  in the                                                               
corner  of the  room and  he  was in  the military,  he would  be                                                               
improperly performing his  duties.  At that  point, he explained,                                                               
his  actions  would  be actionable  because  the  government  had                                                               
trusted him  with the responsibility  and he was derelict  in his                                                               
duties.                                                                                                                         
                                                                                                                                
2:20:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  commented that during her  tenure with the                                                               
legislature,  she has  seen numbers  of people  nod off  during a                                                               
committee meeting and while it is not  a great idea to nod off in                                                               
a committee meeting, on the floor,  or in caucus, she is not sure                                                               
that should rise to the level of being put in jail.                                                                             
                                                                                                                                
CHAIR  TUCK   interjected  that  the  original   language  in  AS                                                               
26.05.860, is just  "drunk on duty."  Amendment 1  adds any other                                                               
type of  incapacitating offenses, and  the military is held  to a                                                               
higher  standard  when it  comes  to  the safety,  security,  and                                                               
protection  required  of  the military  members  to  protect  our                                                               
nation.                                                                                                                         
                                                                                                                                
2:22:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH   referred  to   HB  307,  [Sec.   21.  AS                                                               
26.05.860], page 12, line 3-4, which read as follows:                                                                           
                                                                                                                                
     or (2) as a result of indulgence in any alcoholic                                                                      
     beverage or drug, is unable to properly perform the                                                                    
     member's duty ...                                                                                                      
                                                                                                                                
REPRESENTATIVE  PARISH  referred  to the  word  "indulgence"  and                                                               
asked how to interpret that word in this context.                                                                               
                                                                                                                                
MR.  DOEHL   deferred  to   Webster's  Dictionary   for  defining                                                               
indulgence  and  offered his  belief  that  a person  voluntarily                                                               
partakes of a substance as an option to make them feel better.                                                                  
                                                                                                                                
2:23:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH then  referred  to [HB  307,  Sec. 21.  AS                                                               
26.05.860, page 12, lines 1-7],  and he paraphrased and commented                                                               
as follows:                                                                                                                     
                                                                                                                                
     A member of the militia, other than a sentinel or                                                                          
     lookout, who (1) is found under the influence of                                                                           
     alcohol.  And then the amendment adds language "or a                                                                       
     drug" while on duty, or.  And then it refers to the                                                                        
     condition of being unable to adequately perform one's                                                                      
     duty.                                                                                                                      
                                                                                                                                
REPRESENTATIVE PARISH  commented that  under a strict  reading of                                                               
the above,  the committee should  be wary  that were a  person to                                                               
take  a Tylenol  and people  were aware  the person  had taken  a                                                               
Tylenol while  on duty, he would  be under its influence  even if                                                               
it did not  result in any loss of capacity  on the person's part.                                                               
In order  to get  at the  spirit of this  legislation, it  may be                                                               
more  useful  to  say,  "under  the influence  of  alcohol  or  a                                                               
controlled substance."   He advised  that the  language regarding                                                               
indulgence  in any  alcoholic  beverage or  drug  and the  person                                                               
being  unable  to perform  their  duty  is the  correct  language                                                               
because in  the event  someone takes "a  whole bunch"  of Nyquil,                                                               
they may be unable to properly perform their duty.                                                                              
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ offered  appreciation for Representative                                                               
Parish's comment regarding  [HB 307, Sec. 21.  AS 26.05.860, page                                                               
12, line 3]  where the phrase "or a drug"  is being inserted, and                                                               
to  instead insert  "a controlled  substance"  is an  interesting                                                               
possibility.   She  then referred  to a  possible drafting  error                                                               
located on  Amendment 1, page 1,  line 10, which read:  "Page 12,                                                               
line 9"  and suggested it  should read  "line 10," and  it should                                                               
possibly be considered a friendly amendment.                                                                                    
                                                                                                                                
2:27:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER commented  that if a person  were to take                                                               
a drug  because they have  a cold and they  wanted to be  able to                                                               
better  perform   their  duties,  Webster's   Dictionary  defines                                                               
"indulgence"  as  satisfaction, gratification,  and  fulfillment.                                                               
In the event a person takes  the drug to actually fulfill his/her                                                               
duty and "not for  those reasons, say you get hit  by a car while                                                               
you  are  on this  sentinel  duty,  and  you didn't  do  anything                                                               
wrong," but the  person will go to the hospital  for a blood test                                                               
which will reveal  "you have this in your system."   A case could                                                               
be  made  that the  person  "did  not jump  out  of  the way,  or                                                               
whatever, it really  wasn't hampering you doing  your duty unless                                                               
they  really  wanted  to  push   that."    He  offered  that  the                                                               
suggestion  from   Representative  Parish   would  be   a  better                                                               
clarification,  although  a  person  could partake  of  too  much                                                               
Sudafed and be impaired.                                                                                                        
                                                                                                                                
2:28:58 PM                                                                                                                    
                                                                                                                                
MR.  DOEHL advised  that the  department's position  remains "any                                                               
substance that ... or mind-altering  substance is troublesome for                                                               
the duties  service members are  doing or  may be called  upon to                                                               
do."   The illicit or controlled  language is of some  concern to                                                               
the extent that  synthetic drugs are coming out  faster than they                                                               
can  be   regulated  with  the   same  deleterious   effects  and                                                               
impairment.    There  is  a  voluntary  decision  of  indulgence,                                                               
wherein  an  individual  decides  to take  the  drug,  it  wasn't                                                               
slipped into  their drink, and  they made the decision  that even                                                               
though  drugs  were in  their  system,  they still  attempted  to                                                               
perform  their military  duties.   For  the  person crossing  the                                                               
street and  was not  jaywalking, they  would still  be performing                                                               
their duties and  it would not be actionable  under this section.                                                               
However,  if they  stumbled out  into the  street it  would be  a                                                               
different  scenario.    He  said   the  department  supports  the                                                               
amendment  and  believes the  emphasis  should  be on  the  mind-                                                               
altering or  "just a substance there  with -- as proposed  in the                                                               
amendment."    The  department   recognizes  there  may  be  some                                                               
consistency  issues in  the  amendment to  work  through, and  it                                                               
believes that  "illicit" is  an issue and  also "even  a lawfully                                                               
prescribed drug,  if an  individual is impaired  by it  and there                                                               
are warnings  they could be  impaired by  it, they should  not be                                                               
doing those duties."  The  committee discussed Sudafed, but if he                                                               
was  prescribed Vicodin  and was  trying  to perform  "something"                                                               
with  all  of the  warning  on  that drug,  it  would  be a  very                                                               
different scenario.                                                                                                             
                                                                                                                                
CHAIR  TUCK  added that  if  something  were  to happen  where  a                                                               
soldier was unable to properly perform  their duty as a result of                                                               
"taking these  things," is  what this  is all about.   It  is not                                                               
about whether  they took  the drug, but  rather that  an accident                                                               
happened as a result of them ingesting the substance.                                                                           
                                                                                                                                
2:31:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  moved to  adopt Conceptual  Amendment 1                                                               
to Amendment 1 on  page 1, line 10, to delete  "9" after the word                                                               
line,  and insert  "10."   There being  no objection,  Conceptual                                                               
Amendment 1 to Amendment 1 was adopted.                                                                                         
                                                                                                                                
2:32:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  moved to adopt Conceptual  Amendment 2 to                                                               
Amendment  1, that  any  reference to  "consumption  of drugs  or                                                               
indulgence in  drugs" to substitute  language along the  lines of                                                               
"or as  a result  of consumption  of any  substance, a  member is                                                               
unable to properly perform the member's duty."                                                                                  
                                                                                                                                
CHAIR TUCK objected.   He pointed out that the  reason "drug" was                                                               
included in some of these  situations is that the department does                                                               
not want the person to be  under any influence, no matter if they                                                               
were able to  perform their duties, or not  perform their duties.                                                               
He said that  he does not want  to make it that  every time there                                                               
is  a  drug  reference,  the committee  is  conditionalizing  the                                                               
reference.  He  commented that the committee needs  to take these                                                               
one  by one  because  there is  a  reason there  is  one form  of                                                               
language versus the other form of language.                                                                                     
                                                                                                                                
CHAIR TUCK referred to Sec.  16, [AS 26.05.785(b), page 10, lines                                                               
14-15], which read as follows:                                                                                                  
                                                                                                                                
          (b) A member of the militia who unlawfully drinks                                                                     
     an alcoholic beverage with a prisoner may be punished                                                                      
     by up to one year of confinement ...                                                                                       
                                                                                                                                
CHAIR TUCK  explained that Amendment  1 would add  "or unlawfully                                                               
uses  a  drug  with  a   prisoner"  after  the  words  "alcoholic                                                               
beverage."  He commented that the  use of drug is specific, it is                                                               
unlawfully, but  there may be  conditions where a  service member                                                               
can lawfully "use it."                                                                                                          
                                                                                                                                
2:35:54 PM                                                                                                                    
                                                                                                                                
CAPTAIN CIRCLE responded  that adding "or unlawfully  uses a drug                                                               
with a  prisoner" is correct  as there  may be instances  where a                                                               
member of the militia may be able  to lawfully use a drug in that                                                               
situation.    He explained  that  qualifier  would address  those                                                               
instances.                                                                                                                      
                                                                                                                                
CHAIR  TUCK   asked  whether  the   committee  had   problems  or                                                               
suggestions for lines 1-2 of Amendment 1.                                                                                       
                                                                                                                                
2:37:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH referred  to the  language that  a service                                                               
member can  be punished for up  to one year for  the unlawful use                                                               
of  a drug  with a  prisoner,  and he  asked whether  that is  in                                                               
addition to other penalties which may be prescribed by law.                                                                     
                                                                                                                                
MR.  DOEHL answered  that  due to  double  jeopardy issues,  this                                                               
would be either a criminal  prosecution militarily or in civilian                                                               
court, it  is not that one  or the other would  prosecute in that                                                               
case.    This particular  language  arises  here because  when  a                                                               
prisoner  is in  a  custodial relationship,  all  drugs they  are                                                               
taking must  be approved through  a certain medical  process, not                                                               
simply illicit drugs.                                                                                                           
                                                                                                                                
2:38:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  asked  at which  entity's  discretion  it                                                               
would  be prosecuted:    under  a court  martial  or in  civilian                                                               
court.                                                                                                                          
                                                                                                                                
MR. DOEHL noted  that Representative LeDoux is the  author of the                                                               
original  House  Bill  126,  Code  of  Military  Justice  Appeals                                                               
[passed  in  the  Twenty-Ninth Alaska  State  Legislature].    He                                                               
advised that civilian courts have the first right of refusal.                                                                   
                                                                                                                                
2:38:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  that she  has a  problem with                                                               
the  word "drug"  as it  too  broad and  she has  a problem  with                                                               
"prisoner," and  asked, "can't this  be individually as  well, or                                                               
does it  have to be with  the prisoner?"   She said, "I did  do a                                                               
friendly conceptual amendment on line 2,  5, and 15, to delete 'a                                                               
drug' and  put in  an 'illicit or  controlled substance'  like 20                                                               
minutes ago."  She said  she is convinced her friendly amendments                                                               
are important, because "'a drug' is too broad."                                                                                 
                                                                                                                                
CHAIR  TUCK advised  Representative Reinbold  said that  he heard                                                               
her  bring  up  a  suggestion,  but he  did  not  hear  a  formal                                                               
movement.                                                                                                                       
                                                                                                                                
MR.  DOEHL advised  Representative Reinbold  that the  department                                                               
thanks her for  drawing attention to this important  issue a week                                                               
ago in order  to have this dialogue.  In  terms of the discussion                                                               
of "uses with  a prisoner," he explained that that  is a separate                                                               
type of offense rather than performing  a duty impaired.  This is                                                               
with  regard to  any  unlawful  use of  a  drug  with a  prisoner                                                               
regardless  of whether  a service  member is  impaired.   At that                                                               
point, it  is actionable  on its face  because it  is undermining                                                               
good order and discipline.    That sort of relationship between a                                                               
prisoner  and the  person in  charge  of keeping  the prisoner  a                                                               
prisoner  is  unacceptable,  which  is   why  it  is  a  separate                                                               
provision than  those in terms  of the  duty issues.   He related                                                               
that  he understands  the concern  about  how to  define drug  or                                                               
define the  illicit or controlled  substance, and the  concern of                                                               
the department is that there are  substances that can be used for                                                               
mild-altering purposes that may not be  on a schedule as a banned                                                               
or controlled substance.                                                                                                        
                                                                                                                                
[The motion  to adopt Conceptual  Amendment 2 to Amendment  1 was                                                               
treated as withdrawn.]                                                                                                          
                                                                                                                                
REPRESENTATIVE REINBOLD commented that to  her an illicit drug is                                                               
an  illicit drug  and possibly  the committee  needs a  technical                                                               
definition, it is a mind-altering substance.                                                                                    
                                                                                                                                
2:41:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD moved to  adopt Conceptual Amendment 3 to                                                               
Amendment 1,  and referred to  Amendment 1,  lines 2, 5,  15, "in                                                               
the very left  column," to delete the phrase "a  drug" and insert                                                               
"with an illicit or controlled substance."                                                                                      
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ objected.                                                                                              
                                                                                                                                
CHAIR   TUCK   restated  Representative   Reinbold's   Conceptual                                                               
Amendment  3 to  Amendment 1,  and advised  that on  Amendment 1,                                                               
page  1, lines  2, 5,  15, any  reference to  the word  "drug" is                                                               
replaced  with  the  phrase   "illicit  substance  or  controlled                                                               
substance."                                                                                                                     
                                                                                                                                
2:42:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ requested  the specific legal definition                                                               
of  the term  "illicit," and  asked whether  the committee  could                                                               
simply use the  dictionary or ask Legislative  Legal and Research                                                               
Services.                                                                                                                       
                                                                                                                                
MR. DOEHL responded that he  googled the term "illicit" and noted                                                               
that it means,  "forbidden by law, rules, or  regulation," and he                                                               
related that he does not have  the Alaska Statues in front of him                                                               
to determine whether "illicit" is more specifically defined.                                                                    
                                                                                                                                
CHAIR TUCK surmised that within  Conceptual Amendment 3, there is                                                               
"illicit  substance or  controlled  substance"  that pretty  much                                                               
covers all drugs.                                                                                                               
                                                                                                                                
MR. DOEHL responded  that "controlled" would be  those drugs that                                                               
are controlled,  such as the  scheduled narcotics;  and "illicit"                                                               
is  forbidden by  law,  rules,  or regulation.    Sudafed is  not                                                               
forbidden by  law, rules, or regulation  on its face, but  use of                                                               
it in "a duty-impairing way" would be.                                                                                          
                                                                                                                                
CHAIR TUCK  asked Representative  Reinbold whether  her intention                                                               
is to exclude drugs such as Sudafed.                                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD advised  that  her intention  is to  not                                                               
make it  so broad that it  includes everything, and she  needs to                                                               
see the definition.                                                                                                             
                                                                                                                                
2:44:42 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:44 p.m. to 2:47 p.m.                                                                       
                                                                                                                                
2:47:42 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  advised  that before  the  committee  is  Conceptual                                                               
Amendment 3  to Amendment  1, and  there may  be other  issues to                                                               
fix.                                                                                                                            
                                                                                                                                
2:47:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  removed her objection to  the motion to                                                               
adopt Conceptual Amendment 3 to Amendment 1.                                                                                    
                                                                                                                                
2:48:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  withdrew her motion to  adopt Conceptual                                                               
Amendment  3  to Amendment  1  to  address  the concerns  of  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR  TUCK  announced  his intent  that  the  committee  members                                                               
review Amendment 1 [as amended], in  order to speak to all of the                                                               
problems  they perceive,  and any  other  additional language  in                                                               
going through Amendment 1 that may  be in the original bill, with                                                               
the intent to properly draft Amendment 1.                                                                                       
                                                                                                                                
2:48:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  referred to  [Sec. 21. AS  26.05.860, page                                                               
12, lines 1-7], which read as follows:                                                                                          
                                                                                                                                
          Drunkennes   and  other   incapacitating  offenses                                                                
     [DRUNK ON DUTY].   A member of the  militia, other than                                                                  
     a  sentinel or  lookout,  who (1)  is  found under  the                                                                
     influence of alcohol while on  duty, or (2) as a result                                                                
     of  indulgence in  any alcoholic  beverage or  drug, is                                                                
     unable  to properly  perform the  member's duty  may be                                                                
     punished up to one year of confinement ...                                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX  commented that  the whole problem  is that                                                               
under (1), it is kind of  strict liability as to whether a person                                                               
is  under the  influence  of something;  whereas,  under (2)  the                                                               
person  must be  impaired.   She said  that she  agrees with  the                                                               
department that  if someone is  impaired, even if it  is Sudafed,                                                               
they should not  be on duty.   Except, she pointed out,  if it is                                                               
strict liability,  it makes sense  to say, "alcohol,  or probably                                                               
not illicit, but I mean something  that gets the idea that its an                                                               
illegal substance that  you want strict liability for  if you are                                                               
on  duty."   She added  that another  glitch to  throw into  this                                                               
discussion is how  the committee prefers to  deal with marijuana,                                                               
which is illegal under federal law  and legal under state law and                                                               
this is something the committee does need to consider.                                                                          
                                                                                                                                
MR.  DOEHL referred  to  HB  307, page  12,  Sec. 26.05.860,  and                                                               
pointed out that  it connotates two different  ways someone other                                                               
than a sentinel  could be in violation.  One  is for influence of                                                               
alcohol, and he opined that a  drug in that case would mirror the                                                               
illicit  or  controlled   substance  as  Representative  Reinbold                                                               
offered.  For instance, if  someone has a random urinalysis while                                                               
on duty, there is a list  of those controlled substances that are                                                               
not allowed.   The department's intent for  the random urinalysis                                                               
example  is that  there  is  a defined  list  of substances  they                                                               
cannot take, and that "or" is  "or this other condition" which is                                                               
where whatever  substance had been  taken, impaired  the person's                                                               
ability to perform their duties.   Therefore, it would be apropos                                                               
in that  case if  the committee  does not want  to use  "drug" to                                                               
perhaps use  "mind-altering substance or impairing  substance" or                                                               
something  to  that  effect to  capture  something  broader  than                                                               
simply the controlled drugs.                                                                                                    
                                                                                                                                
2:51:38 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK referred  Representative Reinbold to HB  307, page 12,                                                               
line 4, which read as follows:                                                                                                  
                                                                                                                                
     ... any alcoholic beverage or drug                                                                                     
                                                                                                                              
CHAIR TUCK explained that that  means "illegal or not," and asked                                                               
whether she  agrees with  leaving "drug" in  that line,  or would                                                               
she like to replace it with a different terminology.                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD  answered  that  her  recommendation  is                                                               
"illicit or  controlled substance,"  because "drug" is  broad and                                                               
that is her concern.                                                                                                            
                                                                                                                                
CHAIR TUCK  explained that he  was not referring to  Amendment 1,                                                               
he was referring  to page 12, line  4, of the bill.   Amendment 1                                                               
was attempting to add "alcohol or  drug" in line 3, and he opined                                                               
that it  does need to  be spelled  out because the  discussion is                                                               
not  about illegal  drugs,  the discussion  is  about illicit  or                                                               
controlled   substances.      He  advised   that   Representative                                                               
Reinbold's  Conceptual  Amendment 3  to  Amendment  1 made  sense                                                               
"right there."  He clarified that  when looking at line 4 whether                                                               
after "beverage  or drug"  would encompass  those drugs  that are                                                               
legally over the  counter and can be taken but  happens to impair                                                               
a person's  ability to  perform their duties.   He  asked whether                                                               
"that is  good enough  terminology to encompass  all of  that for                                                               
you."                                                                                                                           
                                                                                                                                
REPRESENTATIVE REINBOLD responded that she  has to put a bit more                                                               
thought  into  the   question  because  that  was   part  of  her                                                               
amendment.                                                                                                                      
                                                                                                                                
2:53:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  asked  Representative   Saddler  the  same  question                                                               
because there were concerns about  where "drug" was used in "some                                                               
of this stuff."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER  responded  that the  committee  had  not                                                               
begun the process  of going down each paired line  of Amendment 1                                                               
to determine  whether the application  of the operative  words to                                                               
each individual circumstance is appropriate.   He opined that the                                                               
committee had  generally agreed to  the first pair on  lines 1-2,                                                               
and  then the  committee  was  subsumed by  the  proposal for  an                                                               
omnibus amendment  to change "drug".   He commented that  he does                                                               
not  feel   comfortable  doing  this  until   speaking  with  the                                                               
Legislative  Legal and  Research  Services drafter,  so he  would                                                               
recuse himself from the discussion.                                                                                             
                                                                                                                                
CHAIR  TUCK clarified  that this  is not  part of  the amendment,                                                               
this is  simply [page 12], line  4, "as we were  looking at this,                                                               
and clarifying what we meant with  line 3, adding 'drug' in there                                                               
but  now,   maybe  changing  that   to  'illicit   or  controlled                                                               
substance.'"                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  commented that if drug  is conditioned by                                                               
"is unable  to properly  perform member's duty,  you can  call it                                                               
anything  you  want to  if  that  is the  test  and  that is  the                                                               
standard."  He said he  would support "illicit" or "drug" because                                                               
either word  conditioned by  "is unable  to properly  perform the                                                               
member's duty" makes either acceptable.                                                                                         
                                                                                                                                
CHAIR  TUCK  reiterated that  it  is  the  chair's wish  for  the                                                               
committee to set Amendment 1  [as amended] aside, and each member                                                               
will work on  it to get it right, and  currently the committee is                                                               
going through everything generally.                                                                                             
                                                                                                                                
2:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH opined  that the  adjustments contemplated                                                               
on page 12, line 3-4, are  sensible.  Although, he commented, the                                                               
committee  may want  to  look at  page 12,  lines  12-13, and  he                                                               
paraphrased  as follows:  "A  sentinel or  lookout  who is  found                                                               
under the influence  of alcohol or sleeping on  the sentinel's or                                                               
lookout's post"  in the  same light as  Sec. 26.05.860  [page 12,                                                               
lines  9-10]  and  capture  the   nuance  of,  "or  a  controlled                                                               
substance or  other drug which would  tend to impair them  in the                                                               
performance  of  their  duties."   He  suggested  trying  to  tie                                                               
together  the two  critical clauses  brought  to the  committee's                                                               
attention  by Mr.  Doehl, and  pointed to  the problem  of people                                                               
using  illicit  substances and  also  those  using perfect  legal                                                               
substances which could tend to  impair them in the performance of                                                               
their duties without  the knowledge of their  medical officer, he                                                               
said.  Generally,  he advised, a medical officer  would give them                                                               
a "not  fit for  duty" chit  and let them  tend to  their health.                                                               
Under extreme conditions,  such as during a  natural disaster, he                                                               
opined that  the courts would tend  to take that into  account if                                                               
someone  sprained  an ankle  and  wanted  to  take an  Advil  and                                                               
continue working.                                                                                                               
                                                                                                                                
2:56:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented  that someone  could  have  a                                                               
reaction  to a  drug that  impaired  their ability,  and she  was                                                               
unsure whether that was included  in the legislation which is why                                                               
she is  sensitive to the  "illegal or  illicit" part of  this and                                                               
"drug" is too  broad.  She referred to  "Sec. 26.05.870, Wrongful                                                               
use of  possession," and  said she  was glad  "that is  down here                                                               
lower on line 12, which is important."                                                                                          
                                                                                                                                
2:58:08 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK advised  that Amendment  1,  as amended,  and HB  307                                                               
would  be  held  over.   [The  committee  treated  Representative                                                               
Saddler's Conceptual Amendment 2 to Amendment 1 as held over.]                                                                  
                                                                                                                                
2:58:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  whether  a  section  deals  with                                                               
someone giving a prisoner drugs.                                                                                                
                                                                                                                                
CHAIR TUCK  answered that it  would be the section  the committee                                                               
previously discussed regarding someone guarding a prisoner ...                                                                  
                                                                                                                                
REPRESENTATIVE  RAUSCHER  interrupted  and  said  that  giving  a                                                               
prisoner  drugs  and not  doing  drugs  with  a prisoner  is  not                                                               
addressed here.                                                                                                                 
                                                                                                                                
MR.  DOEHL explained  that "doing  drugs with  the prisoner"  and                                                               
giving drugs  to a prisoner  is addressed in  HB 307 in  terms of                                                               
standing orders.                                                                                                                
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked why  there  is  a need  for  this                                                               
paragraph  if there  is a  paragraph covering  a person  while on                                                               
duty "a couple of paragraphs  later."  He reiterated his question                                                               
and asked  why the  need for  this paragraph  if a  person cannot                                                               
give the  drug to  a prisoner  in another  section, and  then the                                                               
earlier paragraph stating,  "you can't do drugs while  you are on                                                               
duty."                                                                                                                          
                                                                                                                                
MR.  DOEHL  answered that  the  short  answer  is  that it  is  a                                                               
different count of a higher count  due to the negative effects on                                                               
good order and discipline.                                                                                                      
                                                                                                                                
CHAIR  TUCK  added that  it  is  a  higher violation  under  that                                                               
circumstance.                                                                                                                   
                                                                                                                                
[HB 307 was held over.]                                                                                                         
                                                                                                                                
3:00:27 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Military and Veterans' Affairs meeting was                                                                 
adjourned at 3:00 p.m.                                                                                                          

Document Name Date/Time Subjects
HB307 Amendment A.2.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Amendment A.1.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Additional Document - SCRA Enhancements One Pager 2.4.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Additional Document - SCRA Enhancement from Other States 2.4.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB262 Supporting Documents- Expedited Application for Mil. Spouses.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- EAFB Regional Growth Plan.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- DoD Officials Assesment Article.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- Board of Barber Curt. Lic. App..pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- Board of Accupunture Lic. App..pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Document- DoD Licensure Implementation Eval. 2.2.17.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Document- DC Doehl MLV Letter.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Sponsor Statement 2.2.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 v D.PDF HMLV 2/6/2018 1:00:00 PM
HB 262