04/14/2016 08:30 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB126 | |
| HJR30 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 126 | TELECONFERENCED | |
| + | HJR 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 14, 2016
9:08 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
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 court-martials;
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(STA) OUT OF COMMITTEE
CS FOR HOUSE JOINT RESOLUTION NO. 30(STA)
Urging the American Psychiatric Association to change the term
"post-traumatic stress disorder" or "PTSD" to "post-traumatic
stress injury" or "PTSI"; urging the governor to support usage
of the term "post-traumatic stress injury"; respectfully
requesting that the Alaska delegation in Congress champion this
change of designation in the United States Congress; and
designating June 27, 2016, as Post-Traumatic Stress Injury
Awareness Day.
- MOVED CSHJR 30(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
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 ANCHORAGE 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 AT 8:30 AM BUTROVICH 205
BILL: HJR 30
SHORT TITLE: POST-TRAUMATIC STRESS INJURY
SPONSOR(s): HERRON
02/19/16 (H) READ THE FIRST TIME - REFERRALS
02/19/16 (H) MLV, STA
03/15/16 (H) MLV AT 1:00 PM GRUENBERG 120
03/15/16 (H) Heard & Held
03/15/16 (H) MINUTE(MLV)
03/22/16 (H) MLV AT 3:00 PM GRUENBERG 120
03/22/16 (H) Moved CSHJR 30(MLV) Out of Committee
03/22/16 (H) MINUTE(MLV)
03/23/16 (H) MLV RPT CS(MLV) NT 6DP 1NR
03/23/16 (H) DP: SPOHNHOLZ, TUCK, LEDOUX, COLVER,
HUGHES, HERRON
03/23/16 (H) NR: LYNN
03/24/16 (H) STA AT 8:00 AM CAPITOL 106
03/24/16 (H) Scheduled but Not Heard
03/31/16 (H) STA AT 8:00 AM CAPITOL 106
03/31/16 (H) Moved CSHJR 30(STA) Out of Committee
03/31/16 (H) MINUTE(STA)
04/01/16 (H) STA RPT CS(STA) NT 4DP 1NR
04/01/16 (H) DP: SPOHNHOLZ, TALERICO, VAZQUEZ,
KREISS-TOMKINS
04/01/16 (H) NR: KELLER
04/09/16 (H) TRANSMITTED TO (S)
04/09/16 (H) VERSION: CSHJR 30(STA)
04/11/16 (S) READ THE FIRST TIME - REFERRALS
04/11/16 (S) STA
04/14/16 (S) STA AT 8:30 AM BUTROVICH 205
WITNESS REGISTER
DANIEL GEORGE, Staff
Senator Bill Stoltze
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed amendments for HB 126.
CHRISTOPHER WEAVER, Lieutenant Colonel, Staff Judge Advocate
Office of the Commissioner/Adjutant General
Alaska National Guard
Department of Military and Veterans' Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: Reviewed HB 126.
REPRESENTATIVE BOB HERRON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HJR 30.
FAITH MYERS, volunteer and mental health advocate
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HJR 30.
BOB DOEHL, Deputy Commissioner
Department of Military and Veteran Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: Testified in support of HJR 30.
ACTION NARRATIVE
9:08:08 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:08 a.m. Present at the call to
order were Senators Coghill, Huggins, Wielechowski, McGuire, and
Chair Stoltze.
HB 126-CODE OF MILITARY JUSTICE; APPEALS
9:08:45 AM
CHAIR STOLTZE announced the consideration of HB 126.
CHAIR STOLTZE offered Amendment 1, labeled: 29-LS0473\F.A.1:
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR STOLTZE
TO: CSHB 126(JUD)am
Page 26, line 30:
Delete "imposed"
Insert "authorized"
Page 27, line 2:
Delete "imposed"
Insert "authorized"
SENATOR COGHILL objected for discussion purposes.
9:09:46 AM
DANIEL GEORGE, Staff, Senator Bill Stoltze, Alaska State
Legislature, Juneau, Alaska, explained that Amendment 1 labeled
29-LS0473\F.A.1, addresses a policy call in the bill that
changes "imposed" sentences to "authorized" sentences. He
detailed that offenses in the bill are classified as either
misdemeanor or felony and based on the sentences that are
"imposed;" that differs from existing state law where offenses
are classified as either misdemeanor or felony and based on the
sentences that are "authorized." He noted that "misdemeanor" and
"felony" were terms not traditionally used in the military.
9:11:23 AM
CHRISTOPHER WEAVER, Lieutenant Colonel (LTC), Staff Judge
Advocate, Office of the Commissioner/Adjutant General, Alaska
National Guard, Department of Military and Veterans' Affairs,
Joint Base Elmendorf-Richardson, Alaska, concurred that the
amendment was a policy call for the Legislature. He stated that
the Alaska National Guard had no position on misdemeanor or
felony classifications.
He disclosed that the Uniform Code of Military Justice (UCMJ)
and the Alaska Code of Military Justice (ACMJ) do not have
degrees of felonies or misdemeanors. He specified that the ACMJ
charges were based on the offense itself and whether that met
the specifications. He added that a court-martial decided on a
sentence. He said he believed that the change was imposed
because if somebody was charged with a particular crime that may
warrant ten years, but the court-martial decides to give a 45-
day sentence, the same offense based on prosecutorial discretion
in the civilian world may have been charged as either a felony
or misdemeanor, also known as a "wobbler" offense.
CHAIR STOLTZE pointed out that an ACMJ sentence could "cut both
ways."
LTC. WEAVER answered yes.
SENATOR COGHILL asserted that dovetailing a couple of civilian
and military codes together was tough.
CHAIR STOLTZE stated that the discussion regarding the change
from the amendment would continue in the next committee of
assignment if the amendment was left in.
SENATOR COGHILL removed his objection.
9:13:53 AM
CHAIR STOLTZE announced that Amendment 1 passed without
objection.
9:14:03 AM
SENATOR HUGGINS moved Amendment 2, labeled 29-LS0473\F.A.2:
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR STOLTZE
TO: CSHB 126(JUD)am
Page 3, line 8, following "service":
Insert "or prohibit a member of the militia from
declining the imposition of non-judicial punishment in
favor of a court-martial."
CHAIR STOLTZE objected for discussion purposes.
MR. GEORGE detailed that Amendment 2 addressed concerns
regarding no turndown for non-judicial punishment. He specified
that no turndown meant a non-judicial punishment could not be
turned down for a court-martial. He specified that the amendment
would prohibit the department and governor from putting into
place regulations which would prohibit a militia member from
declining the imposition of non-judicial punishment in favor of
court-martial.
9:15:12 AM
LTC. WEAVER testified that the Alaska National Guard opposes
Amendment 2. He set forth that not having a no turndown
provision would affect good order and discipline. He added that
not having a no turndown provision would result in a "game of
chicken."
He revealed that Title 10 for the National Guard was different
from active duty. He detailed that active duty had a court-
martial budget and the courts had dedicated resources, but the
National Guard did not. He divulged that the Alaska National
Guard has to use training money for a court-martial.
He specified that the no turndown rule had the following
safeguards:
· No confinement,
· No adverse discharge,
· Right to appeal to the next higher command,
· No stigmatization from a court-martial conviction.
LTC. WEAVER disclosed that non-judicial punishment was for minor
offenses and a court-martial was for serious offenses with great
punishment attached. He remarked that an unsavvy guard member
may actually select a court-martial over non-judicial punishment
where the individual risks confinement and stigmatization.
He revealed that Kansas recently put the no turndown provision
into its state code and has recognized the following benefits:
· Allows minor offenses to be immediately addressed.
· Allows for service member rehabilitation.
· Places command authority back into the command.
· Does not expose service member to greater punishment.
· Maintains good order and discipline.
He added that Kansas has a legally efficient framework with an
appeal provision where guard members are provided counsel and
commanders are required to consult with the judge advocate to
make sure punishments are in-line with other punishments.
9:18:23 AM
SENATOR HUGGINS asserted that not allowing a soldier to demand a
court-martial was not fair. He asked how many Article 15 non-
judicial punishments have been given in the Alaska National
Guard within the last 24 month.
9:21:29 AM
MR. WEAVER answered zero.
SENATOR HUGGINS continued that instituting a no turndown
provision was not based on experience of everybody turning down
an Article 15 because there have been zero experienced. He
reiterated that no turndown was a bad deal and he supported
Amendment 2.
SENATOR WIELECHOWSKI asked that Mr. Weaver explain if he was
worried that so many people would opt for a court-martial that
would ultimately make the system dysfunctional.
9:23:43 AM
LTC. WEAVER answered yes. He stated that experience shows that
opting for a court-martial happens fairly frequently where
soldiers who are about to receive non-judicial punishment do in
fact ask for a court-martial. He reiterated that money would
have to come from the training budget in order to pay for a
court-martial. He pointed out that the tide has turned to a no
turndown provision in other states.
CHAIR STOLTZE noted that he has sat on budget committees and
pointed out that the Legislature does not have the option of
saying, "We don't have the money to do a fair due process." He
remarked that the Legislature has to prioritize over a lot of
other popular programs or offices of public advocacy when
addressing justice and due process.
LTC. WEAVER answered that he agreed with Chair Stoltze. He
asserted that the no turndown provision was the right answer for
swift justice. He said swift justice was also important for the
unit to see that no games were being played. He reiterated that
non-judicial punishment was for minor offenses, offenses that
would not warrant a trial in the civil world.
9:25:57 AM
SENATOR MCGUIRE pointed out that there have been no Article 15
non-judicial punishments along with a "new world" of trying to
figure out how to put enough "carrots and sticks" into the
system to keep morale moving along. She remarked that those that
need to be corrected are corrected in time and put back on the
"straight and narrow." She asked how often someone was demanding
a court-martial in light of the new system.
LTC. WEAVER answered none because the Alaska National Guard does
not have the authority to do a court-martial. He remarked that
in his experience, asking for a court-martial happens
frequently.
SENATOR MCGUIRE opined that the Alaska National Guard has been
"frozen in time" when using an Alaska statute that has not been
updated and did not reflect on anything the guard was doing. She
asked if Mr. Weaver agreed that the Alaska National Guard was
trying to find a system with "teeth" where word will get around
to demand a court-martial due to the guard being under-
resourced.
LTC. WEAVER answered yes.
SENATOR MCGUIRE remarked that she likened the no turndown to
workers' compensation where an injured worker has to take a
settlement in lieu of going to trial. She remarked that she was
nervous when it came to a potential criminal matter regarding
someone's vocation and lifetime reputation. She pointed out that
Senator Huggins, the highest ranking officer in the Senate, did
not feel the no turndown provision was right; however, Mr.
Weaver was saying that the Alaska National Guard needs a system
that works in order to bring around a new set of standards that
are enforceable. She asked if there was a middle ground for no
turndown.
9:29:51 AM
LTC. WEAVER replied that the Office of Complex Investigation for
the National Guard Bureau characterized the Alaska National
Guard's current system as "lacking teeth." He asserted that the
Alaska National Guard wants a workable system and noted that the
guard has experience from other states. He said he did not know
if there was a middle ground for no turndown and reported that
other states have not shown a middle ground.
He referenced stigmatization and asserted that the point of a
non-judicial punishment was not to stigmatize. He explained that
nothing goes on record or into the public domain for a person
receiving a non-judicial punishment as opposed to a court-
martial conviction that would. He said people in the guard unit
that need to know would know about the non-judicial punishment
and hopefully justice was done. He summarized that from a
stigmatization point, non-judicial punishment was the way to go.
SENATOR MCGUIRE expressed that she was concerned about
individuals that were innocent as well as the subjectivity
between a superior and subordinate. She remarked that even
though a non-judicial punishment was not going on a person's
permanent record, everyone would know. She remarked that unit
moral would be positively affected if a person was truly guilty
and corrective action was taken. She stated that Mr. Warren said
there was a second layer, but added that she was concerned about
objectivity. She set forth that getting into the area of
people's conduct or reputation defines an individual in a way
that could have very serious consequences.
9:33:14 AM
CHAIR STOLTZE noted that no turndown reminded him of the debates
on the inequities in the criminal justice system and some
classes of citizens confessing quicker because they want to
acquiesce. He remarked that the military was a different outfit
with different parameters, but he did not think certain rights
were forfeited. He stated that he was worried when money was
mentioned, but understood the concern about how to efficiently
use your resources.
LTC. WEAVER reviewed what a non-judicial punishment was as
follows:
· Same standard, proof without a reasonable doubt;
· The accused person has the right to consult with counsel;
· The National Guard provides counsel if desired;
· The accused person has the right to call witnesses into the
hearing;
· The hearing is in front of the commander.
He noted that the adjutant general put out a list of how she
administratively deals with misconduct. He noted that the Alaska
Nation Guard does not have the right to carry out non-judicial
punishment. He detailed that misconduct was listed by rank and
names were left off, but members at a particular company
probably know the individual and understands how the guard deals
with misconduct; conversely, the rest of the Alaska National
Guard would not notice, the stigmatization would stay within the
unit itself and the misconduct would not be on a permanent
record.
He specified that what he meant by stigmatization was a
conviction would not be on an individual's record when that
person was looking for a job. He reiterated that a non-judicial
punishment would not be on an individual's record.
SENATOR WIELECHOWSKI stated that he was glad the committee was
flagging the non-judicial punishment issue. He asked that
additional information about the impact in other states be
provided in the Senate Judiciary Committee.
9:36:34 AM
CHAIR STOLTZE commented that the committee was doing more than
flagging the issue. He said the committee was passing an
amendment and setting the policy for other committees to
deliberate.
SENATOR MCGUIRE concurred that members serving on both the State
Affairs and Judiciary committees would keep talking about the
issue. She detailed that when she addresses particulars in
criminal matters, she walks through the entire system if the
person was guilty and if the person was innocent.
9:38:14 AM
SENATOR COGHILL asked Mr. Weaver if National Guard members
deployed overseas would fall under the UCMJ.
LTC. WEAVER answered yes.
SENATOR COGHILL asked if the "ability to decline" provision was
in the UCMJ.
LTC. WEAVER answered no, the UCMJ was different. He noted that
deployments to Afghanistan and Iraq have functioning court
systems within those countries.
SENATOR COGHILL asked if Alaska National Guard members have ever
dealt with an Article 15 or court-martial under the UCMJ.
LTC. WEAVER answered that he did not know.
9:40:12 AM
SENATOR HUGGINS addressed page 8, line 25 in HB 126 regarding a
summary court-martial. He noted that a summary court-martial was
the lowest level in the three-level court-martial system. He
pointed out that a soldier can decline the summary court-
martial. He reiterated that no turndown for non-judicial
punishment was unfair. He asserted that good units do not go
through non-judicial punishments or court-martials. He remarked
that the no turndown provision was doing something that would
not be exercised very much. He cautioned about over reacting to
the negativity from the Alaska National Guard's scandal.
MR. WEAVER confirmed that Senator Huggins was correct about the
summary court-martial. He pointed out that non-judicial
punishment was for minor offenses and court-martials were for
serious offenses. He asserted that care would be taken to assure
non-judicial punishments and court-martials were used for the
right reasons.
9:44:30 AM
SENATOR MCGUIRE addressed issue extremes and the need to find
the middle ground. She asserted that it was important to think
of all the different people that will have to test the system
that is not reacting too far in either direction.
LTC. WEAVER asked Senator McGuire to confirm that the next
committee of assignment for HB 126 was the Senate Judiciary
Committee.
SENATOR MCGUIRE answered yes.
LTC. WEAVER concurred that there are always alternatives. He
said he definitely understood Senator Huggins' position. He
suggested that he work with Senator McGuire's staff to find a
middle ground and work on an amendment.
9:47:29 AM
CHAIR STOLTZE removed his objection. He announced that hearing
no objection, Amendment 2 was adopted. He asked that Mr. George
summarize the remaining issues pertaining to HB 126.
MR. GEORGE disclosed that the Legal Services Division presented
a memo that pointed that HB 126 did not have a definitions
section. He noted that state statutes were referenced in the
bill and an amendment was requested from the Legal Services
Division to list the terms based upon state statute definitions
in order to compare to federal references. He revealed that the
Legal Services Division did not have the resources to complete
the request.
9:51:22 AM
CHAIR STOLTZE stated that the issue was flagged for the Senate
Judiciary Committee.
LTC. WEAVER replied that care should be given in not mixing
state with military, but noted that he was not concerned. He
said the Alaska National Guard would find the law in the manuals
for court-martials, military court precedence, state law and
other states as well.
MR. GEORGE noted that the legal drafters were asked if simply
saying the definitions in the federal code were adopted. He
explained that the legal drafters brought up the issue that some
of the offenses and descriptors were modified. He specified that
the issue was the state has a trier-of-fact where a jury might
receive instruction to see if someone met the burden of meeting
the mental state required to commit the offense. He suggested
that to remove any ambiguity that definitions taken directly
from the federal definition may have to be spelled out. He
reported that the legal drafter said their request would have
been quite the undertaking and there was not enough time.
9:54:27 AM
CHAIR STOLTZE announced that without objection, Amendment 2
passed.
SENATOR HUGGINS commented that he was hopeful the elements in HB
126 do not have to be exercised. He said the Alaska National
Guard was a good organization and court-martials do not happen
very often nationwide. He addressed the cost concern with court-
martials and noted that multiple states were able to use Title
32, which is federal money for court-martials. He set forth that
the thought of every Title 15 being turned down would cost the
state $25,000 on a frequent basis was not going to happen.
LTC. WEAVER confirmed with Senator Huggins that federal funds
were used for training. He reiterated that the money to pay for
court-martials would come from the Alaska National Guard's
training money.
9:56:48 AM
CHAIR STOLTZE asked what the application of the AMCJ was for the
Alaska State Defense Force.
LTC. WEAVER replied that the AMCJ applied to the Alaska State
Defense Forces.
CHAIR STOLTZE asked if federal funds were available for
providing for the administration of justice for a member of the
Alaska State Defense Force.
LTC. WEAVER answered no.
CHAIR STOLTZE asked if a member of the Alaska State Defense
Force would be on their own.
LTC. WEAVER answer no. He specified that the Alaska National
Guard would find the money within the state budget.
SENATOR COGHILL moved to report the CS for HB 126(JUD), as
amended, from committee with individual recommendations and
attached fiscal notes.
9:58:55 AM
CHAIR STOLTZE announced that hearing no objection, SCS CSHB
126(STA) moved out of committee.
9:59:20 AM
At ease.
HJR 30-POST-TRAUMATIC STRESS INJURY
10:07:54 AM
CHAIR STOLTZE called the committee back to order and announced
the consideration of HJR 30.
10:08:17 AM
REPRESENTATIVE BOB HERRON, Alaska State Legislature, Juneau,
Alaska, sponsor of HJR 30, read the following sponsor statement:
Before us today is an issue that covers a lot of
people, post-traumatic stress; it does have a label
and this resolution asks people to continue the
conversation about maybe changing the label.
One thing that has recently hit me hard is the ripple
effects of post-traumatic stress and that is a parent
that has experienced a traumatic experience and then
they come home; the children of that parent have
experiences related to what has happened to their
parent. Of course post-traumatic stress can come from
any traumatic experience including combat, sexual
assault, torture, child abuse and others. The symptoms
are flashbacks, nightmares and insomnia. One of the
issues that hits especially veterans is thoughts of
suicide.
Hundreds of thousands of American service members have
been diagnosed with post-traumatic stress disorder or
injury and they estimate that at least eight million
Americans suffer from post-traumatic stress. In
Alaska, 18,000 combat service veterans and 8,000 still
in uniform suffer from post-traumatic stress.
This resolution asks that the American Psychiatric
Association consider changing "post-traumatic stress"
to "post-traumatic stress injury" in their next
revision in their manual, urges the governor to
support the usage of "post-traumatic stress injury,"
request the congressional delegation to continue to
champion the change in Congress, designates June 27,
2016 as "Post-Traumatic Injury Awareness Day," and
encourages the Department of Military and Veterans'
Affairs and the Department of Health and Social
Services to continue post-traumatic injury programs.
10:11:05 AM
REPRESENTATIVE HERRON detailed the effects on children as
follows:
The ripple effects of post-traumatic stress really
tugs at your heart because the three most common
effects of post-traumatic stress on children are: they
start experiencing it, the child starts assuming an
adult role to compensate for the parent's
difficulties, and then children in these homes receive
little emotional support from the parent; these
children are prone to: depression, anxiety and
difficulties at school. The stress-related anger
issues can be a problem and really challenge the
parent-child relationship. These children have
symptoms that include: tantrums, getting in fights and
increased drug and alcohol use. The Veterans
Administration does have family services that can
help.
Historical references from time immemorial is that
people expressed post-traumatic stress in books and
even Shakespeare has written about post-traumatic
stress. The disorder is a label and this resolution
asks that we continue to talk about it. Battle-fatigue
was used during World War II, shell-shock in World War
I; but, this resolution doesn't talk about the label
more than it's about removing the stigma.
In the resolution, which was an amendment by a veteran
who chaired House State Affairs, Bob Lynn, this is not
about changing the criteria of receiving a Purple
Heart, it has nothing to do with that, it's about
changing the stigma.
10:13:26 AM
REPRESENTATIVE HERRON addressed the stigma with post-traumatic
stress as follows:
Post-traumatic stress carries a stigma when it has
this label of "disorder." The stigma is that it's
untreatable, in fact it is a treatable injury. Post-
traumatic stress has historically been viewed as a
mental illness caused by a pre-existing flaw in an
individual's brain or character, but the stigma
discourages people not to seek treatment.
This resolution is to make people more aware of it and
the likelihood that whether you are a combat veteran
or you had a traumatic experience like a car crash,
sexual assault or child abuse, is that people should
seek help. With treatment that's proper and timely, we
can reduce outcomes and one of the biggest outcomes
that's been documented is people taking their own
lives.
CHAIR STOLTZE opened public testimony.
10:15:17 AM
FAITH MYERS, volunteer and mental-health advocate, Anchorage,
Alaska, testified in support of HJR 30. She detailed her
experience and own struggle with post-traumatic stress injury.
She set froth that post-traumatic stress was a long road to
recovery, but treatable where a person can recover from trauma
to the brain. She asserted that the term "injury" provides hope.
10:16:30 AM
BOB DOEHL, Deputy Commissioner, Department of Military and
Veteran Affairs, JBER, Alaska, testified that the department
supported HJR 30. He set forth that HJR 30 addresses a condition
that affects thousands of Alaskans. He revealed that 57,000
veterans have seen combat and as many as 30 percent or 17,000
Alaskan veterans were likely to suffer from some degree of
combat post-traumatic stress. He said post-traumatic stress
injury affects family members as well due to the subsequent
disruption of daily life. He remarked that post-traumatic stress
injury takes a devastating toll and continues to do so if not
treated. He revealed that many victims cannot hold down a job,
become estranged or lose their lives. He asserted that the term
"disorder" may make sense to clinicians, but implies a deviation
from normal and exasperates a stigma that discourages diagnosis
and treatment. He specified that post-traumatic stress injury
does not arise from a genetic condition, personal values or
decisions, but as a result of an externally imposed event or
events. He set forth that changing from "disorder" to "injury"
makes it clear that the appropriate action was treatment.
CHAIR STOLTZE closed public testimony on HJR 30 and asked the
will of the committee.
SENATOR COGHILL moved to report the CS for HJR 30(STA) from
committee with individual recommendations and attached zero
fiscal note.
10:20:21 AM
CHAIR STOLTZE announced that hearing no objection, CSHJR 30(STA)
moved from committee.
SENATOR MCGUIRE thanked Representative Herron for bringing the
legislation forward as a veteran on behalf of the men and women
that have been experiencing post-traumatic stress injury. She
commended Representative Herron for redefining the issue and
educating members of the Legislature about it. She stated that
there was so much that was not understood, not just with post-
traumatic stress, but with mental-health diseases and disorders
in general.
SENATOR HUGGINS commented that Representative Herron was by far
the most active members of the veterans' caucus and HJR 30 was
the sort of thing that comes out of his efforts.
10:22:52 AM
REPRESENTATIVE HERRON revealed that he had the privilege of
speaking at the Chris Kyle Patriots Hospital ribbon cutting
ceremony in Anchorage. He detailed that Chris Kyle was the
American-sniper that was able to work through post-traumatic
stress by treatment. He summarized that post-traumatic stress
was about people that are going through a very difficult time
and the awareness of post-traumatic stress is very important.
CHAIR STOLTZE thanked Representative Herron.
He announced that the committee meeting may be his last as
chairman.
SENATOR MCGUIRE commended Chair Stoltze for his public service.
10:28:16 AM
There being no further business to come before the committee,
Chair Stoltze adjourned the Senate State Affairs Committee at
10:28 a.m.