04/13/2016 08:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR14 | |
| HB126 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 126 | TELECONFERENCED | |
| + | HJR 14 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 13, 2016
8:13 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 14(STA)
Making application to the United States Congress to call a
convention of the states to propose a countermand amendment to
the Constitution of the United States as provided under art. V,
Constitution of the United States; and urging the legislatures
of the other 49 states to make the same application.
- MOVED SCS CSHJR 14(STA) 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 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."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 14
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION
SPONSOR(s): HUGHES
02/11/15 (H) READ THE FIRST TIME - REFERRALS
02/11/15 (H) STA, JUD
03/19/15 (H) STA AT 8:00 AM CAPITOL 106
03/19/15 (H) Heard & Held
03/19/15 (H) MINUTE(STA)
03/24/15 (H) STA AT 8:00 AM CAPITOL 106
03/24/15 (H) Moved CSHJR 14(STA) Out of Committee
03/24/15 (H) MINUTE(STA)
03/25/15 (H) STA RPT CS(STA) 3DP 4NR
03/25/15 (H) DP: VAZQUEZ, LYNN, KELLER
03/25/15 (H) NR: TALERICO, STUTES, GRUENBERG,
KREISS-TOMKINS
04/08/15 (H) JUD AT 1:00 PM CAPITOL 120
04/08/15 (H) Moved CSHJR 14(STA) Out of Committee
04/08/15 (H) MINUTE(JUD)
04/09/15 (H) JUD RPT CS(STA) 4DP 1DNP 1AM
04/09/15 (H) DP: MILLETT, LYNN, KELLER, LEDOUX
04/09/15 (H) DNP: GRUENBERG
04/09/15 (H) AM: CLAMAN
04/10/16 (H) TRANSMITTED TO (S)
04/10/16 (H) VERSION: CSHJR 14(STA)
04/11/16 (S) READ THE FIRST TIME - REFERRALS
04/11/16 (S) STA
04/13/16 (S) STA AT 8:00 AM BUTROVICH 205
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 ANCHORAGE 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
WITNESS REGISTER
REPRESENTATIVE SHELLEY HUGHES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HJR 14.
MIKE COONS, National Legislative Director
Citizens Initiatives
Palmer, Alaska
POSITION STATEMENT: Testified in support of HJR 14.
CHRISTOPHER WEAVER, Lieutenant Colonel
Staff Judge Advocate
Alaska National Guard
Office of the Commissioner/Adjutant General
Department of Military and Veterans' Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: Discussed the need for HB 126.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 126.
ACTION NARRATIVE
8:13:36 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 8:13 a.m. Present at the call to
order were Senators Coghill, Huggins, and Chair Stoltze. Senator
Wielechowski arrived soon thereafter.
HJR 14-CALL FOR US COUNTERMAND CONVENTION
8:14:22 AM
CHAIR STOLTZE announced the consideration of HJR 14.
SENATOR COGHILL moved to adopt the Senate CS for CSHJR 14(STA),
version P, as the working document.
CHAIR STOLTZE objected for discussion purposes. He explained
that on line 6, page 1, the word "utilizing" was replaced with
the word "use" and updated changes in Congress since the measure
was last before the committee.
He removed his objection. Seeing no further objection he
announced the CS was adopted.
8:15:36 AM
REPRESENTATIVE SHELLEY HUGHES, Alaska State Legislature, Juneau,
Alaska, sponsor of HJR 14, explained that HJR 14 was a single
issue convention call for countermand, which means "veto." She
said the countermand intent was to restore the balance between
the state and federal government. She remarked that she did not
see the federal government as an enemy and noted that the
federal government did important things that included the
country's military; however, the federal government sometimes
has gone too far and just does not know what is best.
She specified that HJR 14 would add a mechanism to the
Constitution through the Article 5 process which would allow
states to "countermand" or "veto" a federal decision that
included a law passed by Congress, a regulation put in place by
a federal agency, a judicial decision, or an executive order.
She detailed the Article 5 process as follows:
1. 34 states are needed to call the convention.
2. States would convene at the convention and a simple
majority, 26 states, would be needed to approve the
amendment.
3. Approved amendment goes out to the states and 38 states
would be required to ratify the amendment.
4. 30 states or three-fifths would have to agree within an 18-
month period that a certain federal decision was null and
void.
8:17:38 AM
CHAIR STOLTZE asked Representative Hughes to explain the
interplay between HJR 14 and HJR 4.
REPRESENTATIVE HUGHES explained that HJR 4 was a delegate
resolution that applied should 34 states call for a convention.
She detailed that a delegate resolution would set the sidebars
and specific instructions for the delegates' parameters to stay
on the straight-and-narrow. She pointed out that the U.S.
Constitution was held dear and the intent was not for the
Constitution to be dismantled.
CHAIR STOLTZE explained that the legislative intent was to keep
the two measures traveling together.
8:19:50 AM
At ease.
8:20:26 AM
CHAIR STOLTZE called the committee back to order and opened
public testimony.
8:20:36 AM
MIKE COONS, National Legislative Director, Citizens Initiatives,
Palmer, Alaska, testified in support of HJR 14. He revealed that
Citizens Initiatives worked closely with Representative Hughes
and Chair Stoltze in getting HJR 14 passed.
SENATOR COGHILL moved to report the Senate CS for CS for HJR
14(STA) from committee with individual recommendations and
attached zero fiscal note.
8:21:50 AM
CHAIR STOLTZE announced that hearing no objection, SCS CSHJR
14(STA) moved from committee.
8:23:21 AM
At ease.
HB 126-CODE OF MILITARY JUSTICE; APPEALS
8:26:52 AM
CHAIR STOLTZE announced the consideration of HB 126.
8:27:16 AM
SENATOR WIELECHOWSKI joined the committee meeting.
8:27:28 AM
CHRISTOPHER WEAVER, Lieutenant Colonel (LTC), Staff Judge
Advocate, Alaska National Guard, Office of the
Commissioner/Adjutant General, Department of Military and
Veterans' Affairs, Joint Base Elmendorf-Richardson, Alaska,
reviewed his testimony from a previous Senate State Affairs
committee meeting regarding HB 126 that addressed the following:
· History and basic need for an Alaska Code of Military
Justice (ACMJ) for the State of Alaska.
· Alaska is one of a few states that does not have an ACMJ.
· Commanders including Adjutant General Hummel explained the
reason why ACMJ was needed.
· Article 15, non-judicial punishment and the no-turndown
provision.
· Concurrent offenses on both the civilian and military side.
· Some offenses were civilian-like, but many of the civilian-
like offenses affect a unit's good order and discipline.
· Alaska National Guard's jurisdiction.
· Non-judicial punishment.
· Different levels each commander has, from company, field
grade, and general officer going up the chain.
· Maximum sentences listed in HB 126 for different sentences.
8:30:02 AM
CHAIR STOLTZE asked Ms. Meade to address the committee.
8:30:53 AM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System (ACS),
Anchorage, Alaska, revealed that her involvement in the bill was
limited to the court-martial process. She noted that a defendant
has the right to petition to the Supreme Court for final
actions.
CHAIR STOLTZE opined that ACS was jealous of the Alaska Judicial
Council's process where the Legislature confirms members. He
asked if ACS was softening on the issue.
MS. MEADE asked Chair Stoltze to confirm that he was referring
to the governor appointing members of the Military Appeals
Commission that was confirmed by the Legislature.
CHAIR STOLTZE replied yes and noted that there was a judicial
component.
MS. MEADE asserted that the Military Appeals confirmation
process was not something that concerned ACS. She remarked that
there were many administrative law judges in the office of
hearing appeals within the executive branch that do not go
through the Alaska Judicial Council.
CHAIR STOLTZE asked if administrative law judges go through the
Alaska Judicial Council.
MS. MEADE answered no.
CHAIR STOLTZE asked Ms. Meade to corroborate that none of the
administrative law judges go through the Alaska Judicial
Council.
MS. MEADE replied that unless she was mistaken, no.
CHAIR STOLTZE responded that he believes that the administrative
appeals judges go through the Alaska Judicial Council.
8:32:32 AM
MS. MEADE said the Alaska Judicial Council deals with the
Supreme Court, Court of Appeals, Superior Court, and the
District Court judges.
SENATOR WIELECHOWSKI asked if ACS had a position on HB 126.
MS. MEADE answered no. She specified that she worked with the
sponsor and the officers to ensure that the procedures that do
involve the court system was workable. She detailed that the
only thing that touches ACS were the grand jury requirement and
the cases going to the Supreme Court.
CHAIR STOLTZE asked Ms. Meade to verify that a disagreement with
an administrative or regulatory decision could be appealed to
the Superior Court.
MS. MEADE answered yes. She summarized that an Alaskan National
Guard member could go through the following process:
· Court-martial trial;
· Appeal to the Military Appeals Commission;
· Petition for hearing to the Supreme Court for a final
decision only if the purposed punishment by the Military
Appeals Commission involved incarceration.
She pointed out that the Alaska National Guard's appeal process
was similar to a criminal trial where a person has the right to
appeal to the Court of Appeals and if dissatisfied, the right to
petition for hearing to the Supreme Court.
8:34:39 AM
CHAIR STOLTZE noted that SB 91, [the crime reform bill co-
sponsored by Senator Coghill], would reclassify a lot of
offenses and penalties. He asked if Ms. Meade had constitutional
concerns from SB 91 regarding penalties, sanctions, or offenses.
MS. MEADE replied that she was not sure what issues will arise.
She pointed out that the court never has touched military
offenses before. She said the few cases that are a result of SB
91 will be new to the Supreme Court.
CHAIR STOLTZE explained that his intent was to see if SB 91 does
interplay with HB 126.
8:36:16 AM
SENATOR COGHILL suggested that a side-by-side study be done with
penalties in SB 91 and HB 126. He noted that the penalties in HB
126 were consistently lower than current and proposed civilian
penalties in SB 91. He added that double-jeopardy and deference
between military and civilian courts need to be addressed as
well.
SENATOR WIELECHOWSKI asked LTC. WEAVER to confirm that the
civilian court system would have jurisdiction first.
LTC. WEAVER replied that civilian courts would have jurisdiction
over civilian offenses, not military offenses.
8:38:49 AM
SENATOR WIELECHOWSKI pointed out that HB 126 had lesser
penalties for some of the civilian crimes. He asked LTC. WEAVER
to verify that a civilian court would first decide whether to
assert their jurisdiction for a crime and then the military
would have an opportunity to decide.
LTC. WEAVER answered correct.
MS. MEADE noted that the civilian courts do not exactly assert
jurisdiction. She explained that the Department of Law decides
whether to file a case with ACS.
SENATOR WIELECHOWSKI reiterated that the civilian court first
determines whether or not a case should be filed and the person
charged with the crime cannot choose between a civilian or
military court.
MS. MEADE concurred with Senator Wielechowski.
SENATOR WIELECHOWSKI opined that double jeopardy should not be
an issue. He asked LTC. WEAVER to confirm that a person
convicted in a civilian court would take away the right of the
military court and vice versa.
LTC. WEAVER concurred with Senator Wielechowski and noted that
as long as the elements match for the particular crime.
MS. MEADE pointed out that the bill has a jeopardy clause that
says jeopardy attaches through one of the proceedings.
SENATOR WIELECHOWSKI asked LTC. WEAVER to confirm that very
rarely would a civilian court not investigate and press charges
for a serious crime like assault, rapes, or murders where the
case ends up in military court.
8:41:40 AM
LTC. WEAVER concurred with Senator Wielechowski.
MS. MEADE agreed with Senator Wielechowski. She pointed out that
Senator Wielechowski's deduction was the reason for the zero-
fiscal note due to the expectation for very few cases.
SENATOR WIELECHOWSKI asked LTC. WEAVER to confirm that military
cases like "absent without leave" (AWOL), deserting your post,
and being insubordinate to a commanding officer were not covered
by Alaska statutes and would go before the military tribunal.
LTC. WEAVER answered correct.
8:42:50 AM
CHAIR STOLTZE closed public testimony on HB 126.
8:43:36 AM
CHAIR STOLTZE recessed the meeting to a call of the chair.
[The committee did not reconvene so HB 126 was held in
committee.]