03/26/2014 02:34 PM Senate JUD
| Audio | Topic |
|---|---|
| Start | |
| HB255 | |
| HJR22 | |
| SJR20 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 26, 2014
2:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 255(JUD)
"An Act relating to unmanned aircraft systems; and relating to
images captured by an unmanned aircraft system."
- MOVED CSHB 255(JUD) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 22 am
Requesting the United States Congress to call a convention of
the states to propose amendments to the Constitution of the
United States that impose fiscal restraints on the federal
government, limit the power and jurisdiction of the federal
government, and limit the terms of office of federal government
officials; and urging the legislatures of the other 49 states to
request the United States Congress to call a convention of the
states.
- MOVED HJR 22 AM OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 20
Urging the United States Congress to pass S. 967, the Military
Justice Improvement Act of 2013, including the requirement that
a decision to take a charge of sexual assault arising in the
military to court martial be made by high ranking and
experienced military prosecutors outside the chain of command.
- MOVED CSSJR 20(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 255
SHORT TITLE: UNMANNED AIRCRAFT SYSTEMS
SPONSOR(s): REPRESENTATIVE(s) HUGHES, HIGGINS, THOMPSON, PRUITT
01/21/14 (H) PREFILE RELEASED 1/17/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) STA, JUD
01/28/14 (H) STA AT 8:00 AM CAPITOL 106
01/28/14 (H) Heard & Held
01/28/14 (H) MINUTE(STA)
02/04/14 (H) STA AT 8:00 AM CAPITOL 106
02/04/14 (H) Moved CSHB 255(STA) Out of Committee
02/04/14 (H) MINUTE(STA)
02/05/14 (H) STA RPT CS(STA) 3DP 4NR
02/05/14 (H) DP: ISAACSON, KREISS-TOMKINS, HUGHES
02/05/14 (H) NR: MILLETT, GATTIS, KELLER, LYNN
02/12/14 (H) JUD AT 1:00 PM CAPITOL 120
02/12/14 (H) Heard & Held
02/12/14 (H) MINUTE(JUD)
03/05/14 (H) JUD AT 1:00 PM CAPITOL 120
03/05/14 (H) Scheduled But Not Heard
03/07/14 (H) JUD AT 1:00 PM CAPITOL 120
03/07/14 (H) Moved CSHB 255(JUD) Out of Committee
03/07/14 (H) MINUTE(JUD)
03/10/14 (H) JUD RPT CS(JUD) 5DP
03/10/14 (H) DP: PRUITT, LYNN, GRUENBERG, FOSTER,
KELLER
03/12/14 (H) TRANSMITTED TO (S)
03/12/14 (H) VERSION: CSHB 255(JUD)
03/14/14 (S) READ THE FIRST TIME - REFERRALS
03/14/14 (S) JUD
03/26/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HJR 22
SHORT TITLE: FEDERAL CONSTITUTIONAL CONVENTION
SPONSOR(s): REPRESENTATIVE(s) T.WILSON
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) STA, FIN
02/06/14 (H) STA AT 8:00 AM CAPITOL 106
02/06/14 (H) Moved Out of Committee
02/06/14 (H) MINUTE(STA)
02/07/14 (H) STA RPT 6DP 1NR
02/07/14 (H) DP: MILLETT, GATTIS, KELLER, ISAACSON,
HUGHES, LYNN
02/07/14 (H) NR: KREISS-TOMKINS
02/12/14 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/12/14 (H) Heard & Held
02/12/14 (H) MINUTE(FIN)
02/28/14 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/14 (H) Moved Out of Committee
02/28/14 (H) MINUTE(FIN)
03/03/14 (H) FIN RPT 3DP 6NR
03/03/14 (H) DP: MUNOZ, NEUMAN, T.WILSON
03/03/14 (H) NR: GUTTENBERG, HOLMES, EDGMON, GARA,
COSTELLO, AUSTERMAN
03/12/14 (H) TRANSMITTED TO (S)
03/12/14 (H) VERSION: HJR 22 AM
03/14/14 (S) READ THE FIRST TIME - REFERRALS
03/14/14 (S) FIN
03/14/14 (S) JUD REFERRAL ADDED BEFORE FIN
03/19/14 (S) FIN REFERRAL REMOVED
03/26/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SJR 20
SHORT TITLE: MILITARY SEXUAL TRAUMA
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/10/14 (S) READ THE FIRST TIME - REFERRALS
02/10/14 (S) JUD
03/26/14 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
GINGER BLAISDELL, Staff
Representative Shelly Hughes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 255 on behalf of the sponsor.
MICHAEL P. FARRIS, National Director
Convention of States and
Chancellor, Patrick Henry College
POSITION STATEMENT: Testified in support of HJR 22.
DON BRAND, Alaska Legislative Liaison
Convention of States (COS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 22.
RIC DAVIDGE, Chair
Government Affairs
Vietnam Veterans of America, Alaska
Juneau, Alaska
POSITION STATEMENT: Testified in support of SJR 20.
KEELEY OLSON, Standing Together Against Rape
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SJR 20.
ACTION NARRATIVE
2:34:33 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 2:34 p.m. Present at the call to
order were Senators Dyson, Olson, McGuire, and Chair Coghill.
Senator Wielechowski arrived momentarily.
HB 255-UNMANNED AIRCRAFT SYSTEMS
CHAIR COGHILL announced the consideration of HB 255. "An Act
relating to unmanned aircraft systems; and relating to images
captured by an unmanned aircraft system." [CSHB 255(JUD) was
before the committee.] He noted that the committee previously
heard SB 136, which is very similar.
2:35:32 PM
GINGER BLAISDELL, Staff, Representative Shelly Hughes stated
that there is a two word difference between HB 255 and SB 136
that the committee heard several weeks ago. The House Judiciary
Committee removed the statutory reference to AS 12.35 found on
page 2, lines 29-30. The language now says "under the express
terms of a search warrant issued by a court;". Law enforcement
would have to contact a court to get a search warrant and
another person would review the use of that unmanned aircraft.
CHAIR COGHILL noted that the law enforcement agency would have
to use the unmanned aircraft system in accordance with a
judicially recognized exception. He asked what that means.
2:38:00 PM
SENATOR WIELECHOWSKI joined the committee.
MS. BLAISDELL deferred to the Department of Law.
CHAIR COGHILL said he'd do a little research on that so he could
speak to it when the bill reaches the floor. Finding no further
questions, he solicited a motion.
2:39:13 PM
SENATOR DYSON moved to report CS for HB 255, Version Y, from
committee with individual recommendations and attached fiscal
note(s).
SENATOR WIELECHOWSKI asked if this was the first hearing and if
there was another committee of referral.
CHAIR COGHILL explained that the bill would go to Rules, but the
committee heard and passed a substantially similar bill several
weeks ago.
SENATOR WIELECHOWSKI indicated he had no further questions.
CHAIR COGHILL announced that without objection, CSHB 255(JUD)
moved from the Senate Judiciary Standing Committee.
2:40:02 PM
At Ease
HJR 22-FEDERAL CONSTITUTIONAL CONVENTION
2:40:48 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HJR 22. "Requesting the United States Congress
to call a convention of the states to propose amendments to the
Constitution of the United States that impose fiscal restraints
on the federal government, limit the power and jurisdiction of
the federal government, and limit the terms of office of federal
government officials; and urging the legislatures of the other
49 states to request the United States Congress to call a
convention of the states." This was the first hearing. [HJR 22
am was before the committee.]
2:41:15 PM
REPRESENTATIVE TAMMIE WILSON, sponsor of HJR 22, introduced the
bill speaking to the following sponsor statement: [Original
punctuation provided.]
It is the solemn duty of the states to protect the
liberty of its people, particularly for the
generations to come, to propose amendments to the
Constitution of the United States through a convention
of the states under article V to place clear
restraints on these and related abuses of powers.
Article V, U.S. Constitution states: "The Congress,
whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this
Constitution, or, on the application of the
legislatures of two thirds of the several states,
shall call a convention for proposing amendments,
which, in either case, shall be valid to all intents
and purposes, as part of this Constitution, when
ratified by the legislatures of three fourths of the
several states, or by conventions in three fourths
thereof as the one or the other mode of ratification
may be proposed by the Congress; provided that no
amendment which may be made prior to the year one
thousand eight hundred and eight shall in any manner
affect the first and fourth clauses in the ninth
section of the first article; and that no state,
without its consent, shall be deprived of its equal
suffrage in the Senate."
By calling a convention of states, we can stop the
federal spending and debt spree, the power grabs of
the federal courts, and other misuses of federal
power. The current situation is precisely what the
Founders feared, and they gave us a solution we have a
duty to use.
REPRESENTATIVE T. WILSON explained that 34 states would have to
come to a convention and agree word for word on a particular
amendment then send it back to all 50 states and 38 would need
to ratify it. One concern she heard was that it would be a
runaway convention, but she finds that hard to believe.
2:43:48 PM
CHAIR COGHILL noted that he heard a similar resolution in State
Affairs. He asked how many states have already signed on.
REPRESENTATIVE WILSON replied just 1, but about 12 states are in
various stages of the process.
SENATOR DYSON commented that he was surprised to find out that
the legislature passed a similar resolution about 22 years ago.
2:45:28 PM
MICHAEL P. FARRIS, National Director, Convention of States;
Chancellor, Patrick Henry College, stated that he helped draft
the model legislation upon which HJR 22 is based, and was one of
the few lawyers in the country who has litigated an Article V
case.
He related that there have been over 400 applications filed in
Congress in the history of the Republic, but there's never been
a convention because there hasn't been agreement on the subject
matter. Thirty four states have to agree on the subject matter,
all 50 states attend the convention, 26 must approve the
language in any proposed amendments on the topics that are
germane under the application that's been approved, and then 38
states would need to ratify the specific language. He said the
political reality is that a dangerous or crazy amendment
couldn't get through this process. The Founders understood that
this process was the only way that Washington, D.C. would have
real limitations on its power, because Congress will never
impose fiscal restraints or limitations on its power. The states
have to do that. He expressed hope that Alaska would be the
second state to joint in this process to restrict the federal
government.
CHAIR COGHILL asked if this is discretionary to Congress.
MR. FARRIS replied Congress has no discretion; it is their duty
to call a convention if 34 states agree on the subject matter.
CHAIR COGHILL commented that it would be no small political move
if 34 states were to agree.
MR. FARRIS said that's right, and Congress wouldn't dare rile up
that many state legislatures and grassroots activists by
ignoring its duty.
2:51:24 PM
DON BRAND, Alaska Legislative Liaison, Convention of States
(COS), Juneau, Alaska, described himself as a grassroots
volunteer, American, and Alaskan who is very concerned about the
direction that the federal government is headed. He posited that
the approach called for by HJR 22 is probably the last, best
chance to do anything about it. He urged the committee to pass
the resolution.
CHAIR COGHILL thanked Mr. Brand for his volunteer work.
2:53:25 PM
At Ease
2:53:45 PM
CHAIR COGHILL reconvened the meeting and relayed that three
members heard the companion bill in a previous committee.
Finding no questions or comments, he solicited a motion.
2:54:30 PM
SENATOR DYSON moved to report HJR 22 from committee with
individual recommendations and attached fiscal note(s).
CHAIR COGHILL announced that without objection, HJR 22 am was
reported from the Senate Judiciary Standing Committee.
2:55:10 PM
At Ease
SJR 20-MILITARY SEXUAL TRAUMA
2:57:31 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SJR 20. "Urging the United States Congress to
pass S. 967, the Military Justice Improvement Act of 2013,
including the requirement that a decision to take a charge of
sexual assault arising in the military to court martial be made
by high ranking and experienced military prosecutors outside the
chain of command." He noted this was the first hearing and there
was a work draft committee substitute (CS).
2:58:19 PM
SENATOR DYSON moved to adopt the work draft CS for SJR 20,
labeled 28-LS1386\N, as the working document.
CHAIR COGHILL objected for an explanation.
2:58:47 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SJR 20, explained that the resolution stems
from the issue of sexual assaults in the military. He reported
that about 20 percent of the women who serve in the military
experience sexual trauma and the process to report the assault
or rape is to go within the chain of command. This has presented
problems and veteran and other organizations support changing
this process to take it outside the chain of command.
SENATOR WIELECHOWSKI pointed out that Governor Parnell today
requested that reports of sexual assault and rape among members
of the Alaska National Guard be investigated independently,
outside the chain of command and the request was granted.
CHAIR COGHILL recounted the timeliness of the resolution along
with the Governor's request for independent investigations and
the Choose Respect campaign in Alaska.
3:01:09 PM
RIC DAVIDGE, Chair, Government Affairs, Vietnam Veterans of
America (VVA) Alaska, explained that this legislation was
initiated about three years ago after VVA heard from about a
dozen national organizations that were specifically concerned
with sexual assault on women. Information that subsequently came
to light was that the rate of sexual assault on men in the
military is higher than the rate on women in the service today.
MR. DAVIDGE expressed delight with the Governor's actions today
because it's an unfortunate fact that the chain of command
cannot be trusted to address the perpetration of sexual assault
and rape in the military. An employer whose employee is
assaulted by somebody in the business doesn't get to decide
whether or not the perpetrator is punished, but that's the way
it's been handled in the service, he said.
Although the public generally only hears about high ranking
officers who commit sexual assault, he assured the committee
that most of this activity takes place in the lower ranks.
Additional sad facts are that of the more than 30,000 sexual
assaults that are committed in the service, less than one-tenth
are reported and less than 100 make it through trial. He
stressed that these victims need to be empowered, but at this
point the victims of sexual assault in the service are afraid to
report because of retribution. The entire chain of command tends
to look at the victim as disloyal. The solution is to move
sexual assault and rape out of the chain of command and into the
formal prosecutorial investigative process that's already
established. When punishment is administered it then will be
ruled by court martial rather than by a commanding officer.
SENATOR WIELECHOWSKI thanked Mr. Davidge for his work advocating
for veterans and active duty military.
MR. DAVIDGE expressed appreciation to Senator Wielechowski and
his staff for bringing the committee substitute forward that
speaks to the broader issue in light of the inaction in
Congress.
3:05:46 PM
KEELEY OLSON, Standing Together Against Rape (STAR), Anchorage,
Alaska, testified in support of SJR 20. She said STAR has worked
with numerous victims of sexual assault who have specifically
noted that they are not choosing to report out of fear of
retaliation. This is not anecdotal information, but STAR's hands
are tied when it comes to the way the military investigates and
takes reports of sexual assault and rape. She stated that as the
sole standalone sexual assault response agency in the state of
Alaska, STAR supports SJR 20 asking Congress to require that the
decision about filing charges of sexual assault arising in the
military be made outside the chain of command.
3:09:17 PM
SENATOR DYSON commented that he appreciates that the sponsor and
the resolution make it clear that males are victims too. The
rate in the military is startlingly high.
MS. OLSON agreed and relayed that about 16 percent of STAR's
clientele are men. Rape and sexual assault isn't about sexual
gratification and it has nothing to do with sexual orientation.
It's about violence, power, and coercion.
CHAIR COGHILL stated that this committee has worked hard to give
victims a voice and the protection of the law.
SENATOR MCGUIRE expressed appreciation that the sponsor brought
the bill forward and her intention to add her name as a
cosponsor. She said bringing this into the light of day is a
great step forward.
CHAIR COGHILL [removed his objection] and solicited a motion.
3:13:01 PM
SENATOR DYSON moved to report the CS for SJR 20, Version N, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR COGHILL announced that without objection, CSSJR 20(JUD)
moved from the Senate Judiciary Standing Committee.
3:14:17 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 3:14 p.m.
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