04/16/2016 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB147 | |
| HB308 | |
| HB317 | |
| HB126 | |
| SB182 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 147 | TELECONFERENCED | |
| += | HB 308 | TELECONFERENCED | |
| + | HB 317 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
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.]
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