Legislature(2017 - 2018)GRUENBERG 120

02/13/2018 01:00 PM MILITARY & VETERANS' AFFAIRS

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Audio Topic
01:10:09 PM Start
01:10:56 PM HB307
01:28:42 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Moved CSHB 307(MLV) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
   HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS                                                                  
                       February 13, 2018                                                                                        
                           1:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Chris Tuck, Chair                                                                                                
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Justin Parish                                                                                                    
Representative George Rauscher                                                                                                  
Representative Dan Saddler                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ivy Spohnholz                                                                                                    
Representative Lora Reinbold                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
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."                                                                              
                                                                                                                                
     - MOVED CSHB 307(MLV) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
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                                                                           
02/06/18       (H)       Heard & Held                                                                                           
02/06/18       (H)       MINUTE(MLV)                                                                                            
02/13/18       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KENDRA KLOSTER, Staff                                                                                                           
Representative Chris Tuck                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Explained Amendment  2 during the hearing on                                                             
HB 307, on behalf of Representative Tuck, prime sponsor.                                                                        
                                                                                                                                
LIEUTENANT COLONEL CHRIS WEAVER, Judge Advocate                                                                                 
Alaska National Guard Joint Staff                                                                                               
Department of Military & Veterans' Affairs (DMVA)                                                                               
Joint Base Elmendorf-Richardson (JBER)                                                                                          
POSITION STATEMENT:   Answered a  question during the  hearing on                                                             
HB 307.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:10:09 PM                                                                                                                    
                                                                                                                                
CHAIR CHRIS TUCK  called the House Special  Committee on Military                                                             
and   Veterans'   Affairs  meeting   to   order   at  1:10   p.m.                                                               
Representatives LeDoux, Rauscher, Saddler,  Parish, and Tuck were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
         HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                     
                                                                                                                                
1:10:56 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that  the only order  of business  would be                                                               
House Bill  307 HOUSE BILL  NO. 307,  "An Act requiring  a person                                                               
who commits certain  offenses under the code  of military justice                                                               
to register  as a  sex offender or  child kidnapper;  relating to                                                               
the Servicemembers  Civil Relief Act; relating  to contracts made                                                               
by a  member of  the organized  militia; relating  to nonjudicial                                                               
punishment  of  members of  the  organized  militia; relating  to                                                               
offenses subject to court-martial  proceedings; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
[Left pending  from the House  Special Committee on  Military and                                                               
Veterans'  Affairs  meeting  on  2/6/18 was  a  motion  to  adopt                                                               
Amendment 1, as amended.]                                                                                                       
                                                                                                                                
1:10:56 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK reviewed  that [before  being amended],  Amendment 1,                                                               
labeled 30-LS1099\A.1, Glover, 2/5/18, had read as follows:                                                                     
                                                                                                                                
     Page 10, line 15, following "prisoner":                                                                                    
          Insert "or unlawfully uses a drug with a                                                                              
     prisoner"                                                                                                                  
                                                                                                                                
     Page 12, line 3, following "alcohol":                                                                                      
          Insert "or a drug"                                                                                                
                                                                                                                                
     Page 12, line 9, following "drunk":                                                                                        
          Insert "or under the influence of a controlled                                                                        
     substance"                                                                                                                 
                                                                                                                                
     Page 12, line 9, following "direct.":                                                                                      
          Insert    "In    this   subsection,    "controlled                                                                    
     substance" has the meaning given in AS 26.05.870."                                                                         
                                                                                                                                
     Page 12, line 13, following "alcohol":                                                                                     
          Insert "or a drug"                                                                                                
                                                                                                                                
CHAIR  TUCK  said the  purpose  of  Amendment  1 was  to  clarify                                                               
Sections  21-23,  which   relate  to  the  use   of  alcohol  and                                                               
controlled  substances.    He  explained   that  the  first  part                                                               
Amendment 1  specifies unlawful use, because  prohibiting the use                                                               
of cough syrup  is not the intention of the  bill.  Regarding the                                                               
proposed change  on page 12,  line 3, to  insert "or a  drug", he                                                           
said that means  legal or illegal.   He said it took  him a while                                                               
to fully  understand Section  21, which  refers to  AS 26.05.860.                                                               
He  advised  that  although  a   person  may  not  be  under  the                                                               
influence,  he/she  could   have  a  hangover  as   a  result  of                                                               
indulgence and  be unfit  for work.   He  said that  makes sense.                                                               
Regarding  the proposed  change  to page  12,  line 9,  regarding                                                               
"controlled substance",  he recalled that the  committee had been                                                               
concerned about  controlled substances also being  those that are                                                               
legal prescriptions.   He said if  that is still a  concern, then                                                               
there  is an  amendment the  committee could  consider specifying                                                               
that  the  controlled  substance  is  "other  than  a  controlled                                                               
substance taken  in accordance  with a  valid prescription".   He                                                               
said  he thinks  that  with that  minor modification,  everything                                                               
else  in  Amendment  1,  [as  amended], falls  into  place.    He                                                               
expressed willingness to removed  Section 21 if committee members                                                               
still find it problematic.                                                                                                      
                                                                                                                                
1:15:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  indicated that  he thought  the committee                                                               
could  accomplish what  it wished  by amending  Amendment 1,  [as                                                               
amended],  in  the  way  described by  Chair  Tuck  [rather  than                                                               
deleting Section 21].                                                                                                           
                                                                                                                                
1:15:39 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  moved  to  adopt  Amendment 2  to  Amendment  1,  as                                                               
amended, to  add the following  language following  the insertion                                                               
of  "or  under  the  influence of  a  controlled  substance",  as                                                               
proposed on line 8 of Amendment 1:                                                                                              
                                                                                                                                
     other than a controlled substance taken in accordance                                                                      
     with a valid prescription                                                                                                  
                                                                                                                                
CHAIR  TUCK, in  response  to  Representative Saddler,  explained                                                               
that Conceptual  Amendment 1 to  Amendment 1 had been  adopted on                                                               
2/6/18 to amend a typographical error.                                                                                          
                                                                                                                                
CHAIR TUCK  asked if there  was any  objection to Amendment  2 to                                                               
Amendment 1, [as amended].  There being none, it was so ordered.                                                                
                                                                                                                                
CHAIR  TUCK  noted  that Representative  Reinbold,  who  was  not                                                               
currently present, had objected to  the motion to adopt Amendment                                                               
1 on 2/6/18.                                                                                                                    
                                                                                                                                
1:17:32 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:17 p.m.                                                                                 
                                                                                                                                
1:17:49 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  objection to the motion  to adopt                                                               
Amendment 1, [as amended], was maintained.                                                                                      
                                                                                                                                
1:18:15 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:18 p.m.                                                                                 
                                                                                                                                
1:18:25 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Rauscher, Saddler,                                                               
LeDoux,  Parish, and  Tuck  voted  in favor  of  Amendment 1,  as                                                               
amended.  Therefore,  by a vote of 5-0, Amendment  1, as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
1:19:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt Amendment 2, labeled 30-                                                                   
LS1099\A.2, Glover, 2/5/18, which read as follows:                                                                              
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "a member of the organized militia"                                                                          
          Insert "servicemembers"                                                                                             
                                                                                                                                
     Page 6, line 8, following "militia":                                                                                   
          Insert "; contracts"                                                                                              
                                                                                                                                
     Page 6, lines 17 - 18:                                                                                                     
          Delete "member of the organized militia"                                                                              
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, line 18, following "services":                                                                                     
          Insert "provided in this state"                                                                                       
                                                                                                                                
     Page 6, line 19:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, line 20:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, lines 26 - 27:                                                                                                     
          Delete "member of the organized militia"                                                                              
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, line 28:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, line 29:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 6, line 30:                                                                                                           
          Delete "member" in both places                                                                                        
          Insert "servicemember" in both places                                                                                 
                                                                                                                                
     Page 7, line 1:                                                                                                            
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 2:                                                                                                            
          Delete "member" in both places                                                                                        
          Insert "servicemember" in both places                                                                                 
                                                                                                                                
     Page 7, line 5:                                                                                                            
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 6:                                                                                                            
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 8:                                                                                                            
          Delete "member of the organized militia"                                                                              
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 9:                                                                                                            
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 10:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 13:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 15:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 16:                                                                                                           
          Delete "member of the organized militia"                                                                              
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 17:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 18:                                                                                                           
          Delete "member"                                                                                                       
          Insert "servicemember"                                                                                                
                                                                                                                                
     Page 7, line 22:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 7, line 24, following "AS 26.05.010(b)(1)":                                                                           
          Insert ";                                                                                                             
        (2)  "servicemember" means a member of the armed                                                                        
         forces of the United States or a member of the                                                                         
     organized militia of the state"                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER objected for the purpose of discussion.                                                                  
                                                                                                                                
1:20:06 PM                                                                                                                    
                                                                                                                                
KENDRA KLOSTER,  Staff, Representative  Chris Tuck,  Alaska State                                                               
Legislature, on  behalf of Representative Tuck,  prime sponsor of                                                               
HB 307,  said Amendment  2 relates to  the Civil  Service Members                                                               
Relief  Act  and would  change  reference  of  "a member  of  the                                                               
organized militia" to "servicemembers".   She noted that the last                                                               
page  of Amendment  2 explains  that "servicemember"  encompasses                                                               
armed forces of the U.S. and  members of the organized militia of                                                               
states.   In response to  Representative Saddler, she  listed all                                                               
those  entities  included  in  the armed  forces  of  the  United                                                               
States:  the Alaska Air Guard,  the Alaska Army Guard, the Alaska                                                               
State Defense Force, and the Alaska Naval Militia.                                                                              
                                                                                                                                
REPRESENTATIVE  SADDLER removed  his objection  to the  motion to                                                               
adopt Amendment 2.   There being no  further objection, Amendment                                                               
2 was adopted.                                                                                                                  
                                                                                                                                
1:22:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to report  HB 307, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
1:22:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER objected to ask  if "this applies only to                                                               
servicemembers completely."                                                                                                     
                                                                                                                                
CHAIR TUCK answered that is correct.                                                                                            
                                                                                                                                
REPRESENTATIVE RAUSCHER removed his objection.                                                                                  
                                                                                                                                
1:22:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  objected   to  ask   for  clarification                                                               
regarding "offenses subject to  court martial proceedings", found                                                               
in  the  bill title.    He  cited  "such  authority as  shall  be                                                               
punished  as a  court  martial  may direct"  and  asked if  "this                                                               
excludes deliberately any  administrative disciplinary measures."                                                               
He  asked  how  administrative disciplinary  measures  and  court                                                               
martial punishment differ.                                                                                                      
                                                                                                                                
1:23:54 PM                                                                                                                    
                                                                                                                                
LIEUTENANT COLONEL CHRIS WEAVER,  Judge Advocate, Alaska National                                                               
Guard  Joint Staff,  Department of  Military &  Veterans' Affairs                                                               
(DMVA),   told   Representative   Saddler   that   administrative                                                               
procedures  are "something  totally separate"  and are  "still on                                                               
the table when misconduct occurs."                                                                                              
                                                                                                                                
1:24:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  directed attention  to language  on Page                                                               
6, line 19,  of HB 307, which  is a provision that  would allow a                                                               
servicemember to get  out of a service contract [such  as with an                                                               
Internet  provider]  if  that servicemember  receives  orders  to                                                               
relocate  for a  period of  90 or  more days.   He  asked if  the                                                               
credit rating of servicemembers would be affected.                                                                              
                                                                                                                                
CHAIR TUCK  offered his understanding  that because  the contract                                                               
would  be  ended,  there  would  be  no  adverse  effect  on  the                                                               
servicemember's credit  rating, because "no further  monies would                                                               
be owed, unless they're delinquent already."                                                                                    
                                                                                                                                
1:25:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  speculated  that  [the  provision]  would                                                               
actually  provide   an  extra  measure  of   protection  for  the                                                               
servicemember's credit  rating, because  he/she would not  have a                                                               
delinquent  bill  being  charged  month after  month  in  his/her                                                               
absence.                                                                                                                        
                                                                                                                                
1:26:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  directed attention to page  7, lines 1-7,                                                               
and  he said  it  was  brought to  his  attention  that the  bill                                                               
language  presumes  that a  servicemember  would  have orders  in                                                               
advance of deployment that would  "kick in the provisions" of the                                                               
Servicemembers Civil Relief  Act.  He suggested that  it might be                                                               
advantageous  for  the  next committee  of  referral  to  include                                                               
language such  that the  provisions protecting  the servicemember                                                               
to  leave  would be  issued  in  advance, because  sometimes  the                                                               
servicemember has  to leave immediately  and there can be  no 90-                                                               
day notice.                                                                                                                     
                                                                                                                                
CHAIR TUCK proffered that the 90 days refers to the 90-day                                                                      
minimum deployment.                                                                                                             
                                                                                                                                
1:27:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER removed his objection.                                                                                   
                                                                                                                                
1:27:56 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 1:28 a.m.                                                                                 
                                                                                                                                
1:28:18 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK announced that there being no further objection, CSHB                                                                
307(MLV) was reported out of the House Special Committee on                                                                     
Military and Veterans' Affairs.                                                                                                 
                                                                                                                                
1:28:42 PM                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Military and Veterans' Affairs meeting was                                                                 
adjourned at 1:29 p.m.                                                                                                          

Document Name Date/Time Subjects
HB307 Amendment A.3.pdf HMLV 2/13/2018 1:00:00 PM
HB 307
HB307 NFIB Letter 2.12.18.pdf HMLV 2/13/2018 1:00:00 PM
HB 307
Doehl to Saddler HB 307 - 02-12-2018.pdf HMLV 2/13/2018 1:00:00 PM
HB 307