Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/16/2016 09:00 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY TELECONFERENCED
Moved CSHB 147(JUD) Out of Committee
+= HB 308 CHILD SAFETY SEAT INSTALLATION LIABILITY TELECONFERENCED
Moved HB 308 AM Out of Committee
+ HB 317 NO COMMON LAW CIVIL IN REM FORFEITURE TELECONFERENCED
Moved SCS CSHB 317(JUD) Out of Committee
+ HB 126 CODE OF MILITARY JUSTICE; APPEALS TELECONFERENCED
Moved SCS CSHB 126(JUD) Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 182 DNA TESTING EXEMPTION FOR GENEALOGY TELECONFERENCED
Heard & Held
-- Public Testimony --
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 16, 2016                                                                                         
                           9:21 a.m.                                                                                            
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 147(JUD)                                                                                
"An Act relating  to cruelty to animals; relating  to the seizure                                                               
of animals; relating  to the destruction of  animals; relating to                                                               
the costs of  care of animals that have been  seized; relating to                                                               
the  inclusion of  animals in  protective orders  and crimes  and                                                               
arrests for  violating those protective  orders; and  relating to                                                               
the  ownership   of  animals  upon  divorce   or  dissolution  of                                                               
marriage."                                                                                                                      
                                                                                                                                
     - MOVED CSHB 147(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 308 AM                                                                                                           
"An  Act  relating  to  the   limitation  of  liability  for  the                                                               
inspection, installation,  or adjustment  of a child  safety seat                                                               
or  in   providing  education   regarding  the   installation  or                                                               
adjustment of a  child safety seat; and relating  to child safety                                                               
devices in motor vehicles.                                                                                                      
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 317(FIN)                                                                                
"An  Act  relating  to  civil  in  rem  forfeiture  actions;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED SCS CSHB 317(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 126(JUD) AM                                                                             
"An  Act  relating to  the  administration  of military  justice;                                                               
relating to the adoption of  regulations by the adjutant general;                                                               
relating to  the authority of  the adjutant general;  relating to                                                               
appeals   of  convictions   and   sentences  of   courts-martial;                                                               
establishing  the Military  Appeals Commission;  relating to  the                                                               
detention and  incarceration of members of  the militia; relating                                                               
to the jurisdiction of the  supreme court over petitions from the                                                               
Military Appeals  Commission; relating to  involuntary commitment                                                               
for evaluation or treatment of  a mental disease or defect before                                                               
court-martial  proceedings;  relating   to  offenses  subject  to                                                               
court-martial  proceedings;  amending  Rule 6,  Alaska  Rules  of                                                               
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
     - MOVED SCS CSHB 126(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
SENATE BILL NO. 182                                                                                                             
"An  Act   relating  to  genetic  genealogy,   DNA  testing,  DNA                                                               
analysis, DNA privacy, and DNA property rights."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
BILL: HB 147                                                                                                                  
SHORT TITLE: ANIMALS: PROTECTION/RELEASE/CUSTODY                                                                                
SPONSOR(s): REPRESENTATIVE(s) VAZQUEZ                                                                                           
                                                                                                                                
03/16/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/15       (H)       JUD                                                                                                    
03/20/15       (H)       BILL REPRINTED (CORRECTED) 3/20/15                                                                     
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/15       (H)       <Bill Hearing Canceled>                                                                                
04/01/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/15       (H)       Heard & Held                                                                                           
04/01/15       (H)       MINUTE (JUD)                                                                                           
04/06/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/06/15       (H)       <Bill Hearing Canceled>                                                                                
04/07/15       (H)       JUD AT 1:30 PM CAPITOL 120                                                                             
04/07/15       (H)       <Bill Hearing Canceled>                                                                                
04/13/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/13/15       (H)       <Bill Hearing Canceled>                                                                                
02/01/16       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/16       (H)       Heard & Held                                                                                           
02/01/16       (H)       MINUTE (JUD)                                                                                           
02/10/16       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/16       (H)       -- MEETING CANCELED --                                                                                 
04/06/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/06/16       (H)       Moved CSHB 147(JUD) Out of Committee                                                                   
04/06/16       (H)       MINUTE (JUD)                                                                                           
04/07/16       (H)       JUD RPT CS (JUD) NT 6DP                                                                                
04/07/16       (H)       DP:   MILLETT,   KREISS-TOMKINS,   LYNN,                                                               
                         CLAMAN, KELLER, LEDOUX                                                                                 
04/14/16       (H)       TRANSMITTED TO (S)                                                                                     
04/14/16       (H)       VERSION: CSHB 147(JUD)                                                                                 
04/15/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/16       (S)       JUD                                                                                                    
04/15/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/16       (S)       -- Postponed to 4/16/2016 at 9:00 a.m.                                                                 
04/16/16       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
BILL: HB 308                                                                                                                  
SHORT TITLE: CHILD SAFETY SEAT INSTALLATION LIABILITY                                                                           
SPONSOR(s): REPRESENTATIVE(s) MILLETT                                                                                           
                                                                                                                                
02/12/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/16       (H)       L&C, JUD                                                                                               
03/28/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/16       (H)       Moved HB 308 Out of Committee                                                                          
03/28/16       (H)       MINUTE (L&C)                                                                                           
03/29/16       (H)       L&C RPT 3DP 2NR                                                                                        
03/29/16       (H)       DP: HUGHES, TILTON, OLSON                                                                              
03/29/16       (H)       NR: JOSEPHSON, KITO                                                                                    
04/06/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/06/16       (H)       Moved HB 308 Out of Committee                                                                          
04/06/16       (H)       MINUTE (JUD)                                                                                           
04/07/16       (H)       JUD RPT 6DP                                                                                            
04/07/16       (H)       DP:   MILLETT,   KREISS-TOMKINS,   LYNN,                                                               
                         KELLER, CLAMAN, LEDOUX                                                                                 
04/10/16       (H)       TRANSMITTED TO (S)                                                                                     
04/10/16       (H)       VERSION: HB 308 AM                                                                                     
04/11/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/16       (S)       JUD                                                                                                    
04/13/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/13/16       (S)       Heard & Held                                                                                           
04/13/16       (S)       MINUTE (JUD)                                                                                           
04/16/16       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 317                                                                                                                  
SHORT TITLE: NO COMMON LAW CIVIL IN REM FORFEITURE                                                                              
SPONSOR(s): REPRESENTATIVE(s) WILSON                                                                                            
                                                                                                                                
02/17/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/16       (H)       JUD, FIN                                                                                               
03/30/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/30/16       (H)       Heard & Held                                                                                           
03/30/16       (H)       MINUTE (JUD)                                                                                           
03/31/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/31/16       (H)       -- Will be Continued from 3/30/16 --                                                                   
04/04/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/04/16       (H)       Moved CSHB 317(JUD) Out of Committee                                                                   
04/04/16       (H)       MINUTE (JUD)                                                                                           
04/05/16       (H)       JUD RPT CS (JUD) NT 4DP                                                                                
04/05/16       (H)       DP:   KREISS-TOMKINS,    LYNN,   CLAMAN,                                                               
                         LEDOUX                                                                                                 
04/11/16       (H)       FIN AT 5:00 PM HOUSE FINANCE 519                                                                       
04/11/16       (H)       -- MEETING CANCELED --                                                                                 
04/12/16       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/12/16       (H)       Moved CSHB 317(FIN) Out of Committee                                                                   
04/12/16       (H)       MINUTE (FIN)                                                                                           
04/13/16       (H)       FIN RPT CS (FIN) NT 8DP 1AM                                                                            
04/13/16       (H)       DP:   MUNOZ,   PRUITT,   GATTIS,   GARA,                                                               
                         WILSON, GUTTENBERG, EDGMON, THOMPSON                                                                   
04/13/16       (H)       AM: KAWASAKI                                                                                           
04/14/16       (H)       TRANSMITTED TO (S)                                                                                     
04/14/16       (H)       VERSION: CSHB 317(FIN)                                                                                 
04/15/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/16       (S)       JUD, FIN                                                                                               
04/16/16       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 126                                                                                                                  
SHORT TITLE: CODE OF MILITARY JUSTICE; APPEALS                                                                                  
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/25/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/25/15       (H)       MLV, JUD                                                                                               
03/24/15       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
03/24/15       (H)       -- MEETING CANCELED --                                                                                 
03/26/15       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
03/26/15       (H)       Heard & Held                                                                                           
03/26/15       (H)       MINUTE (MLV)                                                                                           
03/31/15       (H)       MLV AT 1:00 PM CAPITOL 120                                                                             
03/31/15       (H)       Moved CSHB 126(MLV) Out of Committee                                                                   
03/31/15       (H)       MINUTE (MLV)                                                                                           
04/01/15       (H)       MLV RPT CS(MLV) NT 3DP 4AM                                                                             
04/01/15       (H)       DP: LYNN, LEDOUX, HERRON                                                                               
04/01/15       (H)       AM: TUCK, GRUENBERG, COLVER, HUGHES                                                                    
04/14/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/14/15       (H)       Heard & Held                                                                                           
04/14/15       (H)       MINUTE (JUD)                                                                                           
09/22/15       (H)       JUD AT 1:30 PM Anch LIO AUDITORIUM                                                                     
09/22/15       (H)       Heard & Held                                                                                           
09/22/15       (H)       MINUTE (JUD)                                                                                           
11/17/15       (H)       JUD AT 1:30 PM ANCH LIO AUDITORIUM                                                                     
11/17/15       (H)       Heard & Held - Assigned to Subcommittee                                                                
11/17/15       (H)       MINUTE (JUD)                                                                                           
01/22/16       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/22/16       (H)       Moved CSHB 126(JUD) Out of Committee                                                                   
01/22/16       (H)       MINUTE (JUD)                                                                                           
01/25/16       (H)       JUD RPT CS(JUD) NT 7DP                                                                                 
01/25/16       (H)       DP: CLAMAN, KELLER, MILLETT, FOSTER,                                                                   
                         GRUENBERG, LYNN, LEDOUX                                                                                
02/03/16       (H)       TRANSMITTED TO (S)                                                                                     
02/03/16       (H)       VERSION: CSHB 126(JUD) AM                                                                              
02/05/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/05/16       (S)       STA, JUD                                                                                               
04/12/16       (S)       STA AT 8:00 AM BUTROVICH 205                                                                           
04/12/16       (S)       Heard & Held                                                                                           
04/12/16       (S)       MINUTE (STA)                                                                                           
04/13/16       (S)       STA AT 8:00 AM BUTROVICH 205                                                                           
04/13/16       (S)       -- Public Testimony --                                                                                 
04/13/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/13/16       (S)       <Pending Referral>                                                                                     
04/14/16       (S)       STA RPT SCS 4NR 1AM SAME TITLE                                                                         
04/14/16       (S)       NR: STOLTZE, COGHILL, HUGGINS, MCGUIRE                                                                 
04/14/16       (S)       AM: WIELECHOWSKI                                                                                       
04/14/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
04/14/16       (S)       Moved   SCS   CSHB   126(STA)   Out   of                                                               
                         Committee                                                                                              
04/14/16       (S)       MINUTE (STA)                                                                                           
04/15/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/16       (S)       -- Postponed to 4/16/2016 at 9:00 a.m.                                                                 
04/16/16       (S)       JUD AT 9:20 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 182                                                                                                                  
SHORT TITLE: DNA TESTING EXEMPTION FOR GENEALOGY                                                                                
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
02/17/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/17/16       (S)       JUD                                                                                                    
03/09/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/09/16       (S)       Heard & Held                                                                                           
03/09/16       (S)       MINUTE (JUD)                                                                                           
04/16/16       (S)       JUD AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE LIZ VAZQUEZ                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-sponsor of HB 147.                                                                                    
                                                                                                                                
NICOLI BAILEY, Staff                                                                                                            
Representative Amy Spohnholz and                                                                                                
the late Representative Max Gruenberg                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
                                                                                                                                
POSITION STATEMENT:  Introduced HB 147 on behalf of the                                                                       
sponsors.                                                                                                                       
                                                                                                                                
LINDSEY WITT, Staff                                                                                                             
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Summarized the contents of the House                                                                     
version of HB 308.                                                                                                              
                                                                                                                                
JESSEE LOGAN, Staff                                                                                                             
Senator Lesil McGuire                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Reviewed the changes in the Senate CS for                                                                
HB 308.                                                                                                                         
                                                                                                                                
REPRESENTATIVE TAMMIE WILSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 317.                                                                                       
                                                                                                                                
KENT SULLIVAN, Assistant Attorney General                                                                                       
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions related to HB 317.                                                                    
                                                                                                                                
CHRISTOPHER WEAVER, Lieutenant Colonel                                                                                          
Alaska National Guard                                                                                                           
Staff Judge Advocate for the Adjutant General                                                                                   
Department of Military & Veterans' Affairs (DMVA)                                                                               
Joint Base Elmendorf-Richardson, Alaska                                                                                         
POSITION STATEMENT:  Introduced HB 126.                                                                                       
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 126.                                                                                       
                                                                                                                                
RETIRED COLONEL BOB DOEHL, Deputy Commissioner                                                                                  
Department of Military & Veterans Affairs (DMVA)                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 126.                                                                    
                                                                                                                                
FORREST WOLFE, Staff                                                                                                            
Senator McGuire                                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Offered a summary of SB 182.                                                                             
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:21:06 AM                                                                                                                    
CHAIR  LESIL   MCGUIRE  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 9:21  a.m. Present at the  call to                                                               
order  were Senators  and  Coghill,  Wielechowski, Costello,  and                                                               
Chair McGuire.                                                                                                                  
                                                                                                                                
           HB 147-ANIMALS: PROTECTION/RELEASE/CUSTODY                                                                       
                                                                                                                                
9:21:30 AM                                                                                                                    
CHAIR MCGUIRE announced the consideration  of CSHB 147. She noted                                                               
that this is the first hearing.                                                                                                 
                                                                                                                                
9:21:50 AM                                                                                                                    
REPRESENTATIVE  LIZ VAZQUEZ,  Alaska State  Legislature, speaking                                                               
as  co-sponsor  of  HB  147, said  the  late  Representative  Max                                                               
Gruenberg  was  passionate about  this  bill.  When he  requested                                                               
help,  the  topic  also  became   her  passion.  It  has  serious                                                               
provisions  that will  help victims  of domestic  violence, local                                                               
shelters,  and   individuals  going   through  the   divorce  and                                                               
dissolution  process.  It  will  also save  money.  She  deferred                                                               
further introduction to Ms. Bailey.                                                                                             
                                                                                                                                
CHAIR MCGUIRE  shared stories about  the late  Representative Max                                                               
Gruenberg.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   VAZQUEZ   shared   remembrances  of   the   late                                                               
Representative Max Gruenberg.                                                                                                   
                                                                                                                                
9:26:14 AM                                                                                                                    
NICOLI BAILEY,  Staff, Representative Amy Spohnholz  and the late                                                               
Representative  Max Gruenberg,  stated that  HB 147  accomplishes                                                               
three things: it amends the cost  of care statutes for animals to                                                               
hold an  owner responsible for  the reasonable  third-party costs                                                               
of caring for animals lawfully  seized due to cruelty or neglect;                                                               
it  provides  statutory  protection  for  animals  in  protective                                                               
orders,  permits  granting  exclusive  temporary  custody  of  an                                                               
animal to the  victim; and permits a judge to  consider the well-                                                               
being  of   animals  when  deciding  ownership   in  divorce  and                                                               
dissolution proceedings.                                                                                                        
                                                                                                                                
MS.  BAILEY  highlighted  that   the  Municipality  of  Anchorage                                                               
reported that from  2009 to 2014 it spent over  $100,000 to house                                                               
neglected  animals.  She  described  it as  a  win-win  if  these                                                               
animals don't need to be in  a shelter. She directed attention to                                                               
an article  from the "New York  Times" that speaks to  the number                                                               
of domestic violence victims that  stay in the situation in order                                                               
to  ensure the  safety  of  their pets.  Point  two  in the  bill                                                               
ensures the victim may take their pets.                                                                                         
                                                                                                                                
CHAIR  MCGUIRE asked  her to  walk through  current law  and what                                                               
will happen  should the bill  pass with  regard to seizure  of an                                                               
animal  due to  cruelty or  neglect. She  expressed concern  that                                                               
there be an opportunity for the  other person with an interest in                                                               
the animal  to have a chance  to rectify the problem.  She drew a                                                               
tangential parallel  to a  recent bill  that allows  parents that                                                               
agree to relinquish parental power of attorney to a third party.                                                                
                                                                                                                                
MS.  BAILEY  said the  cost  of  care  provision is  targeted  on                                                               
individuals who have  so many animals under their  care that they                                                               
are  neglected and  dying. She  suggested  the domestic  violence                                                               
part of the bill relates to  the chair's concern; when someone is                                                               
trying  to leave  a  domestic violence  situation,  they want  to                                                               
ensure that all children and pets will be safe.                                                                                 
                                                                                                                                
CHAIR  MCGUIRE  said  she  wants   to  make  sure  that  all  the                                                               
circumstances  of animal  seizure  are considered.  She asked  if                                                               
there  is an  opportunity  for  the pet  owner  that hasn't  been                                                               
awarded  care rights  to make  a claim  for a  pet that  is being                                                               
purposefully    neglected   by    the   individual    given   the                                                               
responsibility of caring for the pet.                                                                                           
                                                                                                                                
MS.  BAILEY said  the animal  will not  be put  up for  permanent                                                               
adoption as long as the owner  demonstrates they can take care of                                                               
the animal  financially. Turning  to the third  part of  the bill                                                               
that permits a  judge to consider the well-being  of animals when                                                               
deciding ownership  in divorce  and dissolution  proceedings, she                                                               
discussed   how   important   this   piece  was   to   the   late                                                               
Representative Gruenberg who was a family lawyer.                                                                               
                                                                                                                                
CO-CHAIR  MCGUIRE commented  on  the  correlation between  animal                                                               
cruelty  and domestic  violence. She  expressed appreciation  for                                                               
the bill.                                                                                                                       
                                                                                                                                
9:34:57 AM                                                                                                                    
REPRESENTATIVE  VAZQUEZ noted  a  national survey  found that  52                                                               
percent of  domestic violence  victims did  not leave  a domestic                                                               
violence  situation  due  to concern  about  leaving  their  pets                                                               
behind.                                                                                                                         
                                                                                                                                
MS. BAILEY  shared that she  will put her  car on the  ferry when                                                               
she leaves Juneau and fly home with her cats.                                                                                   
                                                                                                                                
CHAIR  MCGUIRE  shared  a story  about  the  late  Representative                                                               
Gruenberg's dismay that someone who  stole a car with dogs inside                                                               
would only be charged with attempted theft of a vehicle.                                                                        
                                                                                                                                
9:38:33 AM                                                                                                                    
SENATOR COGHILL  commented that  the reading  of the  language in                                                               
Section 19, subsection (a) is  inarticulate. He asked if there is                                                               
a reason for the wording.                                                                                                       
                                                                                                                                
MS. BAILEY  explained that language  clarifies it is  a custodial                                                               
issue.  The sponsor  was ensuring  that the  property aspect  was                                                               
included.                                                                                                                       
                                                                                                                                
SENATOR COGHILL indicated he wouldn't offer the amendment.                                                                      
                                                                                                                                
CHAIR  MCGUIRE  found  no  further   questions  or  comments  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
9:41:14 AM                                                                                                                    
SENATOR  COGHILL moved  to report  the  CS for  HB 147(JUD)  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR MCGUIRE announced that without  objection, CSHB 147(JUD) is                                                               
reported from the Senate Judiciary Standing Committee.                                                                          
                                                                                                                                
9:41:45 AM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
        HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY                                                                     
                                                                                                                                
9:44:35 AM                                                                                                                    
CHAIR  MCGUIRE announced  the  consideration of  HB  308 am.  She                                                               
noted this is  the second hearing and there is  a proposed Senate                                                               
committee substitute.                                                                                                           
                                                                                                                                
9:44:49 AM                                                                                                                    
SENATOR COGHILL moved to adopt the  Senate CS for HB 308, labeled                                                               
29-LS1323\H, as the working document.                                                                                           
                                                                                                                                
CHAIR MCGUIRE  found no  objection and stated  that version  H is                                                               
before the committee.  She stated her intention to  move the bill                                                               
and listed the individuals available to answer questions.                                                                       
                                                                                                                                
9:45:33 AM                                                                                                                    
LINDSEY  WITT,  Staff,  Representative Charisse  Millett,  Alaska                                                               
State Legislature,  stated that the  part of  HB 308 she  is most                                                               
familiar  with  provides civil  immunity  to  volunteers who  are                                                               
trained car  seat technicians, instructors, and  individuals that                                                               
arrange child  car seat  checkup events. She  noted the  bill was                                                               
amended in  the other  body to  lower the booster  seat age  to 4                                                               
rather than 5.                                                                                                                  
                                                                                                                                
9:47:07 AM                                                                                                                    
SENATOR WIELECHOWSKI asked if there is opposition to the bill.                                                                  
                                                                                                                                
MS. WITT answered absolutely none so far.                                                                                       
                                                                                                                                
CHAIR MCGUIRE asked  Mr. Logan to explain the  amendment from her                                                               
office.                                                                                                                         
                                                                                                                                
9:47:22 AM                                                                                                                    
JESSEE  LOGAN,   Staff,  Senator  Lesil  McGuire,   Alaska  State                                                               
Legislature, reviewed  the changes in  the Senate CS for  HB 308.                                                               
He described  the changes  as fairly simply;  a few  sections are                                                               
added,  a few  sections  are  renumbered, and  there  is a  title                                                               
change. He  spoke to  the following document  titled "SCS  for HB                                                               
308(JUD) Summary of Changes version A.A to version H:"                                                                          
                                                                                                                                
     Title Change                                                                                                               
     Page 1, Line 1                                                                                                             
     Following "An Act relating to"                                                                                             
        Insert: "to compensation of attorneys in actions                                                                        
     against the state;                                                                                                         
                                                                                                                                
     Page 1, Line 4-5                                                                                                           
     Following "motor vehicles;"                                                                                                
     Insert "and amending Rule 35, Alaska Bar Rules"                                                                            
                                                                                                                                
     Section 1. AS 09.19.300                                                                                                  
     Page 1, Lines 7-11                                                                                                         
     New Section                                                                                                                
          Chapter 19 pertains only to prisoner and                                                                              
     correctional  facility  litigation against  the  state.                                                                    
     This  section inserts  language regarding  compensation                                                                    
     of attorneys  in actions against the  state. Under this                                                                    
     new section  a plaintiff's attorney may  not enter into                                                                    
     a  contract for  payment of  fees based  on contingency                                                                    
     fee in excess of 25% of damages awarded.                                                                                   
                                                                                                                                
     Section 2 AS 09.65.094                                                                                                   
     Page 1, Line 12 thru Page 2, Line 31                                                                                       
          Renumbered from Section 1.                                                                                            
                                                                                                                                
     Section 3 AS 28.05.095(b)                                                                                                
     Page 3, Lines 1-25                                                                                                         
          Renumbered from Section 2.                                                                                            
                                                                                                                                
     Section 4                                                                                                                
     Page 3, Lines 26-31                                                                                                        
          Indirect Court Rule Amendment                                                                                         
                                                                                                                                
          Section 1, regarding attorney contingency fees                                                                        
     has the  effect of changing  Rule 35, Alaska  Bar Rules                                                                    
     by  established a  rule governing  the  amount of  fees                                                                    
     that an attorney  may receive in an  action against the                                                                    
     state under AS 09.19                                                                                                       
                                                                                                                                
     Section 5                                                                                                                
     Page 4, Lines 1-8                                                                                                          
          Applicability                                                                                                         
                                                                                                                                
          (a) Provisions in Section 1 of this act apply to                                                                      
               contracts for legal services entered into on                                                                     
               or after the effective date of this Act.                                                                         
                                                                                                                                
     Section 6                                                                                                                
     Page 4, Lines 11-13                                                                                                        
                                                                                                                                
          Conditional Effect                                                                                                    
                                                                                                                                
          Section 1 of this act only takes effect if                                                                            
     Section 4  of this  Act receives a  two-thirds majority                                                                    
      vote in each house as required by art IV, sec 15, of                                                                      
     the Alaska State Constitution.                                                                                             
                                                                                                                                
MR.  LOGAN explained  that the  Department  of Corrections  (DOC)                                                               
report of December 2015 was  condemning of some practices in some                                                               
facilities  and  the worry  was  that  predatory attorneys  would                                                               
paint a  target on the state.  Moreover, it is a  victim's rights                                                               
motion. It ensures that an  incarcerated person who is injured by                                                               
the state  can be made  whole through  a lawsuit, and  the lawyer                                                               
representing the individual cannot take  50 percent to 60 percent                                                               
of the  award. The remainder  of the technical changes  appear in                                                               
Sections 5  and 6; changing  an Alaska  Bar Rule requires  a two-                                                               
thirds majority vote.                                                                                                           
                                                                                                                                
CHAIR MCGUIRE  added that  the amendment  embodied in  the Senate                                                               
committee  substitute is  to the  specific area  of statute  that                                                               
governs  lawsuits against  corrections. It  adds to  the existing                                                               
section that places  caps on damages. The caps were  put in place                                                               
initially in recognition that there  would be a lot of litigation                                                               
in this  area and that the  state shouldn't be overly  exposed to                                                               
liability.                                                                                                                      
                                                                                                                                
Specifically, version H  caps attorney's fees at  25 percent. She                                                               
noted  that  attorneys  practicing  in this  area  currently  are                                                               
taking 50 percent  to 60 percent of an award.  She clarified that                                                               
this is  a very narrow  part of the  statute that already  was an                                                               
area deemed to be a state  interest. She opined that this doesn't                                                               
materially change  the original bill.  She asked Ms. Witt  if she                                                               
would  like to  hear  from  any of  the  four  people online  and                                                               
members if they were comfortable with the changes.                                                                              
                                                                                                                                
9:52:14 AM                                                                                                                    
SENATOR WIELECHOWSKI objected.  He stated that HB 308  is a child                                                               
car  seat  bill  and  the amendment  adds  a  significant  change                                                               
relating to attorney's  fees. He said the  measure doesn't belong                                                               
in  the bill,  there's  been no  testimony on  it,  and it's  not                                                               
germane. Respectfully,  it's inappropriate and doesn't  belong in                                                               
the bill, he said. He restated his objection.                                                                                   
                                                                                                                                
9:52:40 AM                                                                                                                    
SENATOR COGHILL asked if 25 percent is a standard cap.                                                                          
                                                                                                                                
CHAIR  MCGUIRE replied  most states  do regulate  in the  area of                                                               
contingency fees and Alaska said  it has a compelling interest in                                                               
limiting liability in this area.  Therefore, a person is entitled                                                               
to less money in a wrongful death in a DOC facility.                                                                            
                                                                                                                                
SENATOR COGHILL said he would support the change.                                                                               
                                                                                                                                
CHAIR MCGUIRE  shared that  she participated  in "a  march toward                                                               
uncovering the wrongs in corrections"  and Senator Coghill warned                                                               
about exposing the  state to millions of dollars  of liability in                                                               
lawsuits. Her  choice was to  believe that wouldn't be  the case,                                                               
but it  turns out  that attorneys  are filing  in every  case and                                                               
it's plaguing  DOC. There is already  a limit on the  cap and the                                                               
intent of the  amendment is to make it clear  that attorneys that                                                               
take these cases will only receive 25 percent of the award.                                                                     
                                                                                                                                
9:56:52 AM                                                                                                                    
SENATOR WIELECHOWSKI  said this  major policy  change added  to a                                                               
car  seat  bill makes  the  entire  bill very  controversial.  He                                                               
pointed out that  there would have been a lot  of interest if the                                                               
bill had  been noticed and people  were aware that this  is being                                                               
added. At  the very  least, the  bill ought to  be held  open for                                                               
public testimony,  but the better  option is to debate  the issue                                                               
in a separate bill.                                                                                                             
                                                                                                                                
9:58:42 AM                                                                                                                    
CHAIR MCGUIRE said  she would set HB 308 aside,  recess to a call                                                               
of chair,  and bring it  up again when  there is time  to satisfy                                                               
Senator Wielechowski's concerns.                                                                                                
                                                                                                                                
          HB 317-NO COMMON LAW CIVIL IN REM FORFEITURE                                                                      
                                                                                                                                
9:59:43 AM                                                                                                                    
CHAIR MCGUIRE  announced the consideration  of HB 317.  She noted                                                               
this  is  the   first  hearing,  CSHB  317(FIN)   is  before  the                                                               
committee, and there is a proposed Senate committee substitute.                                                                 
                                                                                                                                
REPRESENTATIVE TAMMIE  WILSON, Alaska State  Legislature, Juneau,                                                               
Alaska,  sponsor  of HB  317,  explained  that version  P  amends                                                               
Alaska's  civil asset  forfeiture  laws  clarifying that  private                                                               
property   may  not   be  permanently   taken  from   individuals                                                               
suspected,  but  not  charged  or  found  guilty,  of  committing                                                               
crimes.                                                                                                                         
                                                                                                                                
10:00:23 AM                                                                                                                   
SENATOR COGHILL moved  to adopt the Senate CS for  CS for HB 317,                                                               
labeled 29-LS1380\P, as the working document.                                                                                   
                                                                                                                                
SENATOR COSTELLO objected to hear changes.                                                                                      
                                                                                                                                
10:00:56 AM                                                                                                                   
REPRESENTATIVE  WILSON  explained that  Section  1  of version  P                                                               
deletes the  language in Sec.  09.55.700 relating  to prohibiting                                                               
common  law civil  in rem  forfeiture except  by court  order. It                                                               
inserts,  "Common  law  civil  in   rem  forfeiture  actions  are                                                               
abolished if used instead of a criminal proceeding."                                                                            
                                                                                                                                
She related that the Department of  Law agreed to this portion of                                                               
the original bill. The intent  is to close the statutory loophole                                                               
where law enforcement can seize  private property before charging                                                               
an  individual with  a crime.  She said  DOL agrees  this is  the                                                               
right language.                                                                                                                 
                                                                                                                                
SENATOR COSTELLO removed her objection.                                                                                         
                                                                                                                                
CHAIR MCGUIRE said this bill  addresses a concern about the small                                                               
erosion  of  the  Fourth  Amendment  right  against  unreasonable                                                               
seizure. She  asked Senator Wielechowski  if he had  any concerns                                                               
with the bill.                                                                                                                  
                                                                                                                                
10:02:45 AM                                                                                                                   
SENATOR  WIELECHOWSKI asked  if  the court  has  a position,  and                                                               
noted the  representative in the  audience shook her head  in the                                                               
negative. He asked if there was any opposition to the bill.                                                                     
                                                                                                                                
REPRESENTATIVE WILSON said not now that it's a civil matter.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI asked  the  the Department  of Law's  (DOL)                                                               
position on the bill.                                                                                                           
                                                                                                                                
10:03:56 AM                                                                                                                   
KENT  SULLIVAN,  Assistant   Attorney  General,  Civil  Division,                                                               
Department  of  Law, said  neither  the  Civil Division  nor  the                                                               
Criminal  Division  have  concerns   with  HB  317  as  currently                                                               
drafted. Originally the bill seemed  to focus on forfeitures used                                                               
in  conjunction with  criminal proceedings  and  the concern  was                                                               
about  unintended  consequences  because civil  forfeitures  also                                                               
occur pursuant  to the common  law that uses in  rem jurisdiction                                                               
against property. His understanding  is that the current language                                                               
satisfies those concerns.                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked when in rem forfeitures are used.                                                                    
                                                                                                                                
MR. SULLIVAN replied  in rem actions are  relatively rare outside                                                               
of criminal  proceedings but they  do happen both within  DOL and                                                               
the private sector. A partition  action and a float house located                                                               
on state land are good examples.  DOL wanted to make sure, if the                                                               
owner couldn't  be located, that  it could seize the  float house                                                               
to do  something with it  and not be  affected by this  change in                                                               
statute. The Senate CS satisfies the concern.                                                                                   
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if there  is a  way the  state could                                                               
take action against  a derelict float house on  state property if                                                               
the bill is enacted.                                                                                                            
                                                                                                                                
MR. SULLIVAN  said it doesn't  affect the state's ability  if the                                                               
bill is enacted as currently drafted.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI  asked if this  will make it  more difficult                                                               
for the state to take action in certain cases.                                                                                  
                                                                                                                                
MR. SULLIVAN answered no.                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for  an example  of  how this  would                                                               
apply in a quiet title action.                                                                                                  
                                                                                                                                
MR. SULLIVAN  explained that the  property itself can be  sued in                                                               
quiet  title  actions  to affect  the  property  boundaries.  For                                                               
example, two neighbors can sue  over the strip of land separating                                                               
the two  driveways, arguing  how the  strip should  be configured                                                               
and  who ought  to be  the  owner. It's  a civil  in rem  action.                                                               
Initially  the concern  was that  while quiet  title actions  are                                                               
statutory, not all  the law that addresses how  that law proceeds                                                               
is statutory. Common  law is relied upon for a  large part of how                                                               
those actions  occur so DOL wanted  to make sure that  common law                                                               
as to  those civil in rem  proceedings is not done  away with. As                                                               
currently drafted, HB 317 does away with that concern.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked how it avoids the problem.                                                                           
                                                                                                                                
MR. SULLIVAN said it's because  it's a civil proceeding. The bill                                                               
seeks  to  abolish going  after  property  in criminal  instances                                                               
instead of going after the person.                                                                                              
                                                                                                                                
10:10:53 AM                                                                                                                   
REPRESENTATIVE WILSON  agreed with the explanation  and expressed                                                               
appreciation for the  work that takes care of  the intent without                                                               
having unintended consequences.                                                                                                 
                                                                                                                                
SENATOR COGHILL summarized his understanding of the bill.                                                                       
                                                                                                                                
MR. SULLIVAN  confirmed that civil  in rem  forfeiture associated                                                               
with criminal  activity will have  to happen either with  a court                                                               
order or through statute alone.                                                                                                 
                                                                                                                                
SENATOR COGHILL stated agreement with the bill and sponsor.                                                                     
                                                                                                                                
CHAIR MCGUIRE found no further questions and solicited a motion.                                                                
                                                                                                                                
10:12:52 AM                                                                                                                   
SENATOR COGHILL moved to report the  Senate CS for CS for HB 317,                                                               
labeled    29-LS1380\P,    from   committee    with    individual                                                               
recommendations and attached zero fiscal note(s).                                                                               
                                                                                                                                
CHAIR  MCGUIRE   announced  that  without  objection,   SCS  CSHB                                                               
317(JUD)  is   reported  from   the  Senate   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
10:13:32 AM                                                                                                                   
At ease                                                                                                                         
                                                                                                                                
            HB 126-CODE OF MILITARY JUSTICE; APPEALS                                                                        
                                                                                                                                
10:26:47 AM                                                                                                                   
CHAIR   MCGUIRE  reconvened   the  meeting   and  announced   the                                                               
consideration of  HB 126.  She noted this  is the  first hearing,                                                               
SCS CSHB 126(STA)  is before the committee, and  the intention is                                                               
to move the  bill today. She deferred to Senator  Costello to say                                                               
how much of an overview she  would like because the other members                                                               
already heard the bill.                                                                                                         
                                                                                                                                
SENATOR COSTELLO requested an adequate overview.                                                                                
                                                                                                                                
10:27:44 AM                                                                                                                   
CHRISTOPHER  WEAVER, Lieutenant  Colonel, Alaska  National Guard,                                                               
Staff  Judge Advocate  for the  Adjutant  General, Department  of                                                               
Military  &  Veterans'  Affairs  (DMVA),  Joint  Base  Elmendorf-                                                               
Richardson, Alaska,  explained that  HB 126 was  introduced after                                                               
the  Office of  Complex  Investigations with  the National  Guard                                                               
Bureau issued  a report  stating that  the Alaska  National Guard                                                               
did not have a functioning military justice program.                                                                            
                                                                                                                                
He  related  that the  Alaska  National  Guard  does not  have  a                                                               
codified punishment  system and  the other  tools it  attempts to                                                               
use are inadequate, resource intensive,  and generally do not fit                                                               
the  punishment  scheme.  For  this  reason  a  Uniform  Code  of                                                               
Military  Justice  (UCMJ) and  Alaska  Code  of Military  Justice                                                               
(ACMJ)  are needed.  The idea  is that  civilians will  prosecute                                                               
civilian crimes  and the military will  prosecute military crimes                                                               
or the  crimes that  affect the  unit. If  there's a  light crime                                                               
like sexual assault,  the military would look at it  to see if it                                                               
meets  military  elements.  He   noted  that  this  would  affect                                                               
nonjudicial  punishment for  minor  offenses and  courts-martials                                                               
for more  serious offenses. He  directed attention to  a document                                                               
in the packets  that enumerates various offenses  and the maximum                                                               
punishment as it relates to confinement.                                                                                        
                                                                                                                                
SENATOR COSTELLO  asked him  to talk about  the process;  how the                                                               
legislation was drafted, who was  involved, the response, and the                                                               
significance of the bill.                                                                                                       
                                                                                                                                
COLONEL  WEAVER spoke  to the  Guard's  input in  the bill.  They                                                               
tried to keep  the process open and brought in  people of various                                                               
ranks  to run  through scenarios  and trainings.  They talked  to                                                               
different commanders  to learn  what they  needed to  ensure good                                                               
order and discipline. They looked  at what other states have done                                                               
recently to implement a state military code.                                                                                    
                                                                                                                                
CHAIR MCGUIRE  recalled that two  years ago the  Senate Judiciary                                                               
Committee  brought   in  corrections   officers  to   talk  about                                                               
corrections  issues. Thereafter  the  committee  returned to  the                                                               
issue of the  military and the National Guard.  She didn't recall                                                               
if there was  a full hearing or just discussion  about the sexual                                                               
harassment  claims  in  the  Alaska  National  Guard.  She  asked                                                               
Senator Coghill to talk about the report she advocated.                                                                         
                                                                                                                                
10:34:36 AM                                                                                                                   
SENATOR COGHILL  said the committee  was looking  for information                                                               
about the same issue that the National Guard was dealing with.                                                                  
                                                                                                                                
CHAIR  MCGUIRE said  some members  were vocal  about the  culture                                                               
within the  Alaska National Guard  under former  Adjutant General                                                               
Katkus  and   former  Deputy  Commissioner  McHugh   Pierre.  She                                                               
recalled three areas of concerns:  a culture of sexual harassment                                                               
with  no  opportunity  to  make a  claim;  misuse  of  government                                                               
property; and drug  misuse. This played out in  the last governor                                                               
campaign and  election. Commissioner and Adjutant  General Laurie                                                               
Hummel  came  in  with  the mission  to  address  those  concerns                                                               
through the  update of the  Alaska Code of Military  Justice that                                                               
was last updated in 1955. The  idea is that updating the code and                                                               
the  process by  which individuals  are disciplined  will inspire                                                               
more confidence in the system  and raise morale. The intention is                                                               
to correct  the action and get  the individual back on  the right                                                               
course.                                                                                                                         
                                                                                                                                
COLONEL WEAVER agreed that is the goal.                                                                                         
                                                                                                                                
10:37:56 AM                                                                                                                   
CHAIR MCGUIRE  said the  remaining controversy  with the  bill is                                                               
the amendment to  reinsert the no turndown clause.  In a previous                                                               
committee Senator  Huggins expressed  concern with  the provision                                                               
and offered an amendment to remove  it. The remainder of the bill                                                               
is relatively uncontroversial.                                                                                                  
                                                                                                                                
10:38:31 AM                                                                                                                   
SENATOR COGHILL said he suspects  there will be a cost associated                                                               
with the  bill despite the fiscal  notes that were zeroed.  He is                                                               
satisfied at this point that  the federal government will pick up                                                               
much of the adjudication costs.                                                                                                 
                                                                                                                                
CHAIR  MCGUIRE thanked  Colonel  Weaver for  his  service to  the                                                               
country and state.  She asked him to synthesize why  he wants the                                                               
no turn  back clause  in the bill,  how National  Guard personnel                                                               
are disciplined, and what a courts-martial means.                                                                               
                                                                                                                                
COLONEL  WEAVER said  a no  turn down  provision for  nonjudicial                                                               
punishment means a soldier facing  a minor offense charge may not                                                               
decline the  imposition of nonjudicial  punishment in favor  of a                                                               
courts-martial. In  the Senate  State Affairs  Committee, Senator                                                               
Huggins argued  against having  a no turn  down provision  in the                                                               
nonjudicial  punishment regulations.  The  Alaska National  Guard                                                               
would prefer  that provision  be adopted  in regulation,  but not                                                               
without having a conversation with Senator Huggins first.                                                                       
                                                                                                                                
10:42:29 AM                                                                                                                   
CHAIR MCGUIRE  indicated she  would take  an at-ease  waiting for                                                               
Senator Wielechowski to return with an amendment.                                                                               
                                                                                                                                
SENATOR COGHILL  asked if this  code will make it  more difficult                                                               
for  the Alaska  National  Guard to  be flexible  and  help in  a                                                               
community.                                                                                                                      
                                                                                                                                
COLONEL WEAVER replied it will  have no effect whatsoever in that                                                               
area.                                                                                                                           
                                                                                                                                
CHAIR MCGUIRE  reviewed the recent  discussion and  asked Senator                                                               
Wielechowski to offer his amendment.                                                                                            
                                                                                                                                
10:44:14 AM                                                                                                                   
SENATOR  WIELECHOWSKI moved  to  adopt Amendment  1, labeled  29-                                                               
LS0473\L.1.                                                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  SCS CSHB 126(STA)                                                                                                
                                                                                                                                
     Page 9, line 8:                                                                                                            
          Delete "confinement of more than one year is sought"                                                                  
          Insert "the member of the militia is accused of                                                                       
     committing an offense that is punishable by confinement of                                                                 
     more than one year"                                                                                                        
                                                                                                                                
     Page 27, line 1:                                                                                                           
          Delete "authorized"                                                                                                   
          Insert "imposed"                                                                                                      
                                                                                                                                
     Page 27, line 5:                                                                                                           
          Delete "authorized"                                                                                                   
          Insert "imposed"                                                                                                      
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI   explained  that  both  Amendment   1  and                                                               
Amendment  2 reverse  changes made  in the  Senate State  Affairs                                                               
Committee  and  restore  the legislation  to  the  language  that                                                               
passed the House. He deferred to  the sponsor to provide her view                                                               
of why this is important.                                                                                                       
                                                                                                                                
10:45:16 AM                                                                                                                   
REPRESENTATIVE  GABRIELLE   LEDOUX,  Alaska   State  Legislature,                                                               
sponsor of  HB 126, described Amendment  1 as an antidote  to the                                                               
poison  pill  amendment  adopted  in  Senate  State  Affairs.  It                                                               
reverses making  a felon  of a National  Guard member  who didn't                                                               
show up for work for a  couple of days. The State Affairs version                                                               
of the  bill goes against  what the  legislature is trying  to do                                                               
this session  to keep  nonviolent offenders out  of jail,  and it                                                               
goes against what is intended in HB 126.                                                                                        
                                                                                                                                
10:48:17 AM                                                                                                                   
CHAIR  MCGUIRE  said  she  understands that  point  of  view  but                                                               
Senator Huggin's point  is that a person serving  in the military                                                               
would want an opportunity to clear their name.                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI clarified that  she was speaking to proposed                                                               
Amendment  2;   Senator  Stoltze   offered  the   amendment  that                                                               
Amendment 1 reverses.                                                                                                           
                                                                                                                                
CHAIR MCGUIRE  restated Senator  Huggins' concern  with proposed,                                                               
yet to be offered, Amendment 2.                                                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX said she is  prepared to defer to the Guard                                                               
on upcoming Amendment 2.                                                                                                        
                                                                                                                                
CHAIR MCGUIRE said she has no concern with Amendment 1.                                                                         
                                                                                                                                
SENATOR COGHILL said  the period of confinement is  a policy call                                                               
and then removed his objection to Amendment 1.                                                                                  
                                                                                                                                
10:50:59 AM                                                                                                                   
CHAIR MCGUIRE  found no  further objection,  and Amendment  1 was                                                               
adopted.                                                                                                                        
                                                                                                                                
10:51:11 AM                                                                                                                   
SENATOR  WIELECHOWSKI moved  to  adopt Amendment  2, labeled  29-                                                               
LS0473\L.                                                                                                                       
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
          TO:  SCS CSHB 126(STA)                                                                                                
                                                                                                                                
     Page 3, lines 8-10:                                                                                                        
          Delete "or prohibit a member of the militia from                                                                      
     declining the imposition of nonjudicial punishment in favor                                                                
     of a courts-martial"                                                                                                       
                                                                                                                                
SENATOR COGHILL objected.                                                                                                       
                                                                                                                                
10:51:30 AM                                                                                                                   
SENATOR WIELECHOWSKI  explained that  Amendment 2  essentially is                                                               
the no turn down provision. He  deferred to the National Guard to                                                               
speak to  the provision.  He said he  respects their  opinion and                                                               
they have experience with the provision in other states.                                                                        
                                                                                                                                
COLONEL WEAVER deferred to Colonel  Hummel or Deputy Commissioner                                                               
Doehl.                                                                                                                          
                                                                                                                                
CHAIR MCGUIRE  asked Colonel  Hummel to explain  why the  no turn                                                               
down provision is important.                                                                                                    
                                                                                                                                
10:52:29 AM                                                                                                                   
COLONEL LAURIE HUMMEL,  Commissioner/Adjutant General, Department                                                               
of  Military  &  Veterans  Affairs  (DMVA),  deferred  to  Deputy                                                               
Commissioner Doehl to  talk about the Guard's opinions  on the no                                                               
turn down provision.                                                                                                            
                                                                                                                                
10:53:15 AM                                                                                                                   
RETIRED  COLONEL BOB  DOEHL, Deputy  Commissioner, Department  of                                                               
Military & Veterans Affairs  (DMVA), Anchorage, Alaska, suggested                                                               
looking at  this from  the perspective that  all ranks  looked at                                                               
the issue from a military context  going forward with the no turn                                                               
down provision.  He pointed  out that  the military  has numerous                                                               
programs  with far  more severe  consequences that  have no  turn                                                               
down  provisions and  they  have been  repeatedly  upheld in  the                                                               
judicial  process  as  meeting appropriate  due  process  to  the                                                               
accused.  Therefore, it  has been  demonstrated  in the  military                                                               
context  that  we can  effectively  be  just to  the  individuals                                                               
facing these programs, he said.                                                                                                 
                                                                                                                                
He said  that if the legislature  decides to implement a  no turn                                                               
down provision, the  Guard will execute it but it  will result in                                                               
increased risk  to the force,  because the Alaska  National Guard                                                               
receives  no additional  funding from  the National  Guard Bureau                                                               
for implementing the provision. It will be costly to comply.                                                                    
                                                                                                                                
10:55:25 AM                                                                                                                   
SENATOR COSTELLO asked  if there is data showing, if  the no turn                                                               
down provision was offered, the  percentage of time someone would                                                               
prefer a courts-marital.                                                                                                        
                                                                                                                                
COLONEL DOEHL said it would  be speculative to offer a percentage                                                               
at  this  point,  but  it's   likely  there  would  be  far  more                                                               
challenges in the first year to test the system.                                                                                
                                                                                                                                
SENATOR COSTELLO  asked for  an estimate of  what one  case might                                                               
cost.                                                                                                                           
                                                                                                                                
COLONEL DOEHL  said it depends  on the  nature of the  matter but                                                               
more than  the dollar  cost it's  the number  of days  the people                                                               
spend in the process. One or  two people handling a simple matter                                                               
something like  dereliction of duty  could result in the  loss of                                                               
20 or  30 additional training  days. That means they  wouldn't be                                                               
as prepared  when they are deployed  or to serve the  state in an                                                               
emergency.                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  Colonel  Weaver  to   discuss  the                                                               
experience in  other states  and questioned  whether the  no turn                                                               
down is a federal provision.                                                                                                    
                                                                                                                                
COLONEL WEAVER said  the trend is moving toward no  turn down, as                                                               
recommended in  the model code  by the National Guard  Bureau. He                                                               
noted  that  Kansas felt  hamstrung  and  recently changed  their                                                               
statutes  to put  in a  no turn  down provision.  He related  his                                                               
experience that  good soldiers  that make  a mistake  will accept                                                               
this whereas the bad soldier  will ask for the courts-martial. He                                                               
estimated a special courts-martial costs from $3,000 to $7,000.                                                                 
                                                                                                                                
10:59:00 AM                                                                                                                   
CHAIR  MCGUIRE recommended  moving the  bill along  "as is."  She                                                               
said there  is no reason you  can't come back later  on with more                                                               
discrete evidence  and focus  to get the  no turn  down provision                                                               
restored.  She further  suggested asking  the federal  government                                                               
for  more grant  money to  address the  long-standing problem  in                                                               
Alaska  that yielded  a change  in leadership;  Alaska's code  of                                                               
military justice has  just been updated for the  first time since                                                               
1955 and resources are needed to continue to move forward.                                                                      
                                                                                                                                
She deferred to  Senator Wielechowski as to whether  he wanted to                                                               
move forward with Amendment 2.                                                                                                  
                                                                                                                                
11:01:26 AM                                                                                                                   
SENATOR WIELECHOWSKI said  he respects her opinion,  but he can't                                                               
in  good  conscience remove  the  amendment.  Without it,  combat                                                               
readiness will be  diminished and the process of  justice will be                                                               
slowed. He indicated he will offer  the amendment on the floor if                                                               
it fails in committee.                                                                                                          
                                                                                                                                
SENATOR  COGHILL said  it's  appropriate  that individuals  whose                                                               
career is on the line are able to defend themselves.                                                                            
                                                                                                                                
CHAIR MCGUIRE requested a roll call.                                                                                            
                                                                                                                                
A roll call  vote was taken. Senator Wielechowski  voted in favor                                                               
of Amendment 2 and Senators  Costello, Coghill, and McGuire voted                                                               
against it. Therefore, Amendment 2 failed by a 1:3 vote.                                                                        
                                                                                                                                
11:03:21 AM                                                                                                                   
CHAIR   MCGUIRE   found   no   further   amendments,   questions,                                                               
discussion, or public testimony.  She closed public testimony and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
11:03:26 AM                                                                                                                   
SENATOR COGHILL moved to report the  amended Senate CS for CS for                                                               
House Bill  126, from  committee with  individual recommendations                                                               
and attached fiscal note(s).                                                                                                    
                                                                                                                                
CHAIR  MCGUIRE   announced  that  without  objection,   SCS  CSHB                                                               
126(JUD)  is   reported  from   the  Senate   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
           SB 182-DNA TESTING EXEMPTION FOR GENEALOGY                                                                       
                                                                                                                                
11:05:12 AM                                                                                                                   
CHAIR MCGUIRE  announced the consideration  of SB 182.  She noted                                                               
that this is the second hearing.                                                                                                
                                                                                                                                
11:05:24 AM                                                                                                                   
FORREST  WOLFE, Staff,  Senator McGuire,  summarized that  SB 182                                                               
exempts the  field of genetic  genealogy from the  Alaska Genetic                                                               
Privacy Act.  In this field  an individual voluntarily  submits a                                                               
sample of their DNA to a  large pool for the purpose of comparing                                                               
lineage and ancestry to gain information about family history.                                                                  
                                                                                                                                
11:06:08 AM                                                                                                                   
CHAIR MCGUIRE,  speaking as sponsor,  said she is unaware  of any                                                               
controversy.  She  found  no public  comment  and  closed  public                                                               
testimony on SB 182.                                                                                                            
                                                                                                                                
11:06:29 AM                                                                                                                   
SENATOR WIELECHOWSKI highlighted that  SB 182 wasn't specifically                                                               
listed  as a  bill that  might be  taken up  today, and  there is                                                               
significant opposition to the bill.                                                                                             
                                                                                                                                
CHAIR MCGUIRE offered her understanding  that the only opposition                                                               
that  came forward  was to  a notion  that was  discussed in  the                                                               
other body about inserting a retroactivity clause.                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI expressed  dismay that  there is  an active                                                               
lawsuit about which the committee was never informed.                                                                           
                                                                                                                                
CHAIR MCGUIRE related  that the discussion in the  other body was                                                               
about an  amendment that would  have made this  bill retroactive.                                                               
That   would  have   intersected  the   active  lawsuit   Senator                                                               
Wielechowski referenced. She explained that  SB 182 is an attempt                                                               
to  clarify prospectively  an area  of law  related to  voluntary                                                               
buccal swab offerings  of DNA. It has nothing to  do with the law                                                               
relating to the use of DNA in criminal cases.                                                                                   
                                                                                                                                
CHAIR MCGUIRE set SB 182 aside  to allow people who have concerns                                                               
to express them on the record when the committee reconvenes.                                                                    
                                                                                                                                
11:10:47 AM                                                                                                                   
CHAIR MCGUIRE  recessed the  Senate Judiciary  Standing Committee                                                               
meeting  to a  call of  the chair  at 11:10  a.m. [The  committee                                                               
reconvened on 4/17/16, but SB 182 was not taken up.]                                                                            
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects