Legislature(2021 - 2022)BUTROVICH 205
03/07/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB118 | |
| SB187 | |
| SB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 118 | TELECONFERENCED | |
| += | SB 187 | TELECONFERENCED | |
| += | SB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 7, 2022
1:34 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Robert Myers
COMMITTEE CALENDAR
SENATE BILL NO. 118
"An Act establishing the committee on nullification of federal
laws; and providing a directive to the lieutenant governor."
- MOVED CSSB 118(JUD) OUT OF COMMITTEE
SENATE BILL NO. 187
"An Act relating to criminal law and procedure; relating to the
crime of harassment; relating to the duty to register as a sex
offender; amending the definition of 'sex offense'; relating to
lifetime revocation of a teaching certificate for certain
offenses; relating to the definition of 'domestic violence';
relating to multidisciplinary child protection teams; relating
to arrest authority for pretrial services officers and probation
officers; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 118
SHORT TITLE: CMTE ON NULLIFICATION OF FEDERAL LAWS
SPONSOR(s): SENATOR(s) REINBOLD
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) STA, JUD
04/13/21 (S) STA AT 3:30 PM BUTROVICH 205
04/13/21 (S) Heard & Held
04/13/21 (S) MINUTE(STA)
05/04/21 (S) STA AT 3:30 PM BUTROVICH 205
05/04/21 (S) Moved SB 118 Out of Committee
05/04/21 (S) MINUTE(STA)
05/07/21 (S) STA RPT 1DP 4NR
05/07/21 (S) NR: SHOWER, COSTELLO, KAWASAKI, HOLLAND
05/07/21 (S) DP: REINBOLD
05/14/21 (S) JUD AT 1:30 PM BUTROVICH 205
05/14/21 (S) -- MEETING CANCELED --
02/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/02/22 (S) Heard & Held
02/02/22 (S) MINUTE(JUD)
02/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/11/22 (S) Heard & Held
02/11/22 (S) MINUTE(JUD)
03/07/22 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 187
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/23/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/23/22 (S) Heard & Held
02/23/22 (S) MINUTE(JUD)
02/25/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/25/22 (S) Heard & Held
02/25/22 (S) MINUTE(JUD)
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Scheduled but Not Heard
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/04/22 (S) Heard & Held
03/04/22 (S) MINUTE(JUD)
03/07/22 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 189
SHORT TITLE: CRIME OF SEX/HUMAN TRAFFICKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) JUD, FIN
02/28/22 (S) JUD AT 1:30 PM BUTROVICH 205
02/28/22 (S) Heard & Held
02/28/22 (S) MINUTE(JUD)
03/02/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/02/22 (S) Heard & Held
03/02/22 (S) MINUTE(JUD)
03/04/22 (S) JUD AT 1:30 PM BUTROVICH 205
03/04/22 (S) Heard & Held
03/04/22 (S) MINUTE(JUD)
03/07/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR LORA REINBOLD
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 118.
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in SB 118, from Version
A to Version B on behalf of the committee.
JOHN SKIDMORE, Deputy Attorney General
Office of the Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered legal questions during the hearing
on SB 187 and SB 189.
ACTION NARRATIVE
1:34:45 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Kiehl, Hughes, Shower, and Chair Holland.
SB 118-CMTE ON NULLIFICATION OF FEDERAL LAWS
1:35:18 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 118
"An Act establishing the committee on nullification of federal
laws; and providing a directive to the lieutenant governor."
[SB 118 was previously heard on 2/2/22 and 2/11/22. Public
testimony was heard and closed on 2/11/22.]
1:35:47 PM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 118, said the Alaska Constitution helps confine
the state and federal government. She noted that author Thomas
E. Woods, Jr. stated that nullification is not unconstitutional.
She stated that Amendments 6, 7, and 10 support this type of
effort.
1:36:28 PM
SENATOR SHOWER made a motion to move SB 118, work order 32-
LS0563\B from committee [in error].
1:36:45 PM
At ease
1:37:18 PM
CHAIR HOLLAND reconvened the meeting.
1:37:22 PM
SENATOR SHOWER withdrew his motion to move SB 118 from
committee.
1:37:32 PM
SENATOR SHOWER moved to adopt the proposed committee substitute
(CS) for SB 118, work order 32-LS0563\B, as the working
document.
1:37:39 PM
CHAIR HOLLAND objected for discussion purposes.
1:37:52 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, reviewed the changes in SB 118, from Version A
to Version B, on behalf of the committee. It read as follows:
Sec 1: New section 1 in version B gives the committee
the ability to introduce legislature through the Rules
Committees.
Sec 2: Previously section 1. Version B makes the
following changes:
• Committee membership is reduced from 14 members
to 6 members
• Specifically assigns the Judiciary and State
Affairs Committee chairs to the committee
• Provides a seat for a member from the largest
minority caucus in each body (version A assigned
a minority member based on party affiliation)
• Allows a member to request a review rather than
requiring a review of every Federal action
• Limits meetings to the interim only
• Allows the co-chairs to consider staff
availability before taking on a new review
• Expands the options of the committee actions to
include
1. Submitting resolution to withhold resources for
enforcement
2. Urging the Attorney General to file a lawsuit
3. Drafting a nullification bill
4. Introducing legislation counteracting the
federal law
5. Recommending the legislation take another
action
• Deletes direction to Alaskans to ignore federal
law
Sec 2 of version A was deleted.
1:39:31 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and CSSB 118, Version B, was adopted.
1:39:49 PM
SENATOR KIEHL stated that although the committee substitute is a
more streamlined approach that removes some of the more
troublesome provisions, it ultimately embraces the idea that a
state can nullify federal law. Nullification was so widespread
during the pre-Civil War Era that 1831 and 1832 were considered
nullification crises. Thus, history has shown the trouble that
nullification can cause. Since then, the US Constitution has
been amended to clarify that states do not have the power to
nullify federal laws. He stated that he favors some options in
Version B, including resolutions and calling on the attorney
general to file lawsuits, which would be an appropriate
response. Still, the bill would set up a color of law to do
something a state cannot do. He stated his opposition to moving
SB 118 from committee.
1:41:56 PM
SENATOR HUGHES paraphrased the definition of nullify [at
dictionary.com].
1. to render or declare legally void or inoperative:
to nullify a contract.
2. to deprive (something) of value or effectiveness;
make futile or of no consequence.
SENATOR HUGHES drew attention to the marijuana laws in Alaska.
Alaska essentially nullified the federal marijuana laws. She
offered her view that this sets a precedent for nullification.
She emphasized that it doesn't mean the statute is removed from
federal law, but it would be inoperative in Alaska. Since this
has happened with marijuana laws in Alaska, she feels
comfortable with the proposed bill.
1:42:54 PM
SENATOR SHOWER said he disagrees with Senator Kiehl about
actions the state cannot take. He highlighted that the federal
government wields the threat of withholding appropriations to
states that do not comply with federal directives. For example,
the federal government threatened to cut funding to states that
refused to comply with COVID-19 vaccinations for the US Army
National Guard members. It doesn't necessarily make directives
right or prevent Alaska from asserting Alaskans' choices. He
offered his belief that it is a legislator's right and duty to
resist federal mandates when it's in the best interest of
Alaskans. He emphasized that what works in Florida does not
necessarily work in California. He highlighted that New York
City is vastly different from Oklahoma farmland, so their
citizens' needs are different. He advocated for states' rights.
He stated that the federal government had usurped power since
World War II (WWII), using money as a weapon. He viewed SB 118
as a means to consider and debate what federal laws Alaska
citizens don't want to apply in the state, even if it means
engaging in legal challenges or withholding state resources. He
stated his intent to support the bill.
1:46:30 PM
SENATOR HUGHES offered her view that the Tenth Amendment was
crafted to provide a check and balance between the state and
federal government. She read the Tenth Amendment, "The powers
not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people." She stated that rather than
wait for the courts to rule on federal laws that violate the
Tenth Amendment, the state could provide a check on the federal
government. She said it is the legislature's duty to do so, and
this bill is consistent with states asserting their rights.
1:47:34 PM
SENATOR SHOWER moved to report the committee substitute (CS) for
SB 118, work order 32-LS0563\B, from committee with individual
recommendations and attached fiscal note(s).
1:47:55 PM
SENATOR KIEHL objected.
SENATOR KIEHL noted that the bill differentiates between
effective nullification, which Senator Hughes described, and
nullification, which generally means interfering with federal
enforcement actions. He said he largely agreed with Senator
Shower's remarks, but those comments had little to do with the
bill. Under Printz v. United States, Alaska does not have to
accept federal funding, which Alaska has done previously.
However, that is not a nullification issue. He maintained his
objection.
1:48:50 PM
A roll call vote was taken. Senators Shower, Hughes, and Holland
voted in favor of the motion to move CSSB 118, Version B, from
committee, and Senator Kiehl voted against it. Therefore, the
motion passed on a 3:1 vote.
CHAIR HOLLAND stated that CSSB 118(JUD) was reported from the
Senate Judiciary Standing Committee on a vote of three yeas and
one nay.
1:49:28 PM
SENATOR REINBOLD offered her view that members take an oath to
protect individual liberties and that state sovereignty is
critically important. She stated that the federal government
impacts Alaska's resource development, mandates masking, and
often overreaches. She thanked members for hearing SB 118 since
it was a vital issue to address.
1:50:01 PM
At ease
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
1:52:24 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 187 "An Act relating to
criminal law and procedure; relating to the crime of harassment;
relating to the duty to register as a sex offender; amending the
definition of 'sex offense'; relating to lifetime revocation of
a teaching certificate for certain offenses; relating to the
definition of 'domestic violence'; relating to multidisciplinary
child protection teams; relating to arrest authority for
pretrial services officers and probation officers; and providing
for an effective date."
[SB 187 was previously heard on 2/23/22, 2/25/22, and 3/4/2022.]
CHAIR HOLLAND solicited questions from members.
1:52:54 PM
SENATOR KIEHL said several provisions were unclear. He referred
to Section 16 on page 12, lines 25-31. This section makes
adjustments to House Bill 49 that the legislature considered
several years ago, related to requirements for sex offender
registry. He recalled that the Alaska Supreme Court raised some
constitutional issues at the time. The legislature debated
requiring sex offenders to register in Alaska even if their
offense was not registerable in Alaska. He asked if there were
any constitutional issues related to the Sex Offender Registry.
1:54:57 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, related the constitutional issue was ex post facto,
which means adding an enhanced or added penalty that is passed
after someone has committed a crime. The Alaska Supreme Court
ruled that sex offender registration could, in part, be deemed
as punitive. However, ex post facto does not apply because
[federal law] requires sex offenders to register in the state
where they committed the crime. When the sex offender moves to
Alaska, the statutes clarify that the same registration
requirements carry over. Thus, Alaska is not adding to their
punishment. It would only be an ex post facto violation if the
person were not required to register when convicted, and Alaska
was trying to add to that requirement.
MR. SKIDMORE envisioned someone might challenge this
requirement, but the department believes that Section 16 will
not present any constitutional issues.
1:56:53 PM
SENATOR KIEHL asked if the person would be required to remain on
the sex offender registry in the state where the conviction
occurred after they moved to Alaska.
MR. SKIDMORE said he was unsure whether the person would need to
register since they would no longer be a resident of that state.
He reiterated that the punitive aspect requiring registration on
the Alaska Sex Offender Registry arises at the time of their
conviction. He was unsure whether all states' courts would
follow the Alaska Supreme Court's finding that registration is
punitive. The distinction is that the registration requirement
already existed before the person moved to Alaska.
1:57:50 PM
SENATOR KIEHL stated he was not concerned about other states'
court rulings. However, he was worried that someone would need
to register for a sex offense that was not considered a sex
offense in Alaska. He noted that if the person had done the deed
in Alaska, they would not have to register. He related that the
person would face a partially punitive element in Alaska by
needing to register after the fact. He stated that concerns him
from an ex post facto perspective.
1:58:42 PM
SENATOR HUGHES asked Mr. Skidmore to weigh in on Senator Kiehl's
concern. She was unsure whether he was speaking about the timing
of the requirement or if states have different requirements for
sex offenders.
MR. SKIDMORE responded that Alaska law says that if a person is
required to register in another state as a sex offender, the
person will need to register in Alaska as a sex offender. He
elaborated that this would apply, even if the crime that
required the person to register in their state was not a crime
requiring registering as a sex offender in Alaska. The rationale
for Alaska's registration requirement was to avoid encouraging
individuals to move to Alaska from any state to avoid
registering as a sex offender.
SENATOR HUGHES replied that she understood the issue. She agreed
that some risk for court challenges exists but that the punitive
aspect disappears if someone moves to Alaska to avoid
registration. She surmised that sex offenders could be enticed
to live in Alaska. She expressed concern that Alaska could be a
magnet for those wanting to avoid a sex registry in other
states.
2:01:12 PM
CHAIR HOLLAND held SB 187 in committee.
SB 189-CRIME OF SEX/HUMAN TRAFFICKING
2:01:23 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
[SB 189 was previously heard on 2/28/22, 3/2/22, and 3/4/22.
Public testimony was opened and closed on 3/4/22.]
2:01:36 PM
CHAIR HOLLAND asked if members had any final questions.
2:01:43 PM
SENATOR KIEHL directed attention to Section 22 on page 17 of SB
189, regarding sentencing someone for purchasing sex, which is a
class A misdemeanor. He referred to AS 12.55.135(q)(1), which
would impose a mandatory 72-hour minimum sentence. He asked if
the lookback period would be infinity if the person had been
previously convicted two or more times.
2:02:51 PM
JOHN SKIDMORE, Deputy Attorney General, Department of Law,
Anchorage, Alaska, stated that this subsection did not have a
lookback period. He offered to review the statute, which he
believed had a lookback period.
2:03:27 PM
At ease
2:03:59 PM
CHAIR HOLLAND reconvened the meeting.
2:04:11 PM
MR. SKIDMORE explained that AS 12.55.145(a)(3) relates to prior
convictions, referring back to AS 12.55.135(g), which provides
five years for previous convictions, so it is a five-year
lookback period.
2:05:09 PM
CHAIR HOLLAND held SB 189 in committee.
2:05:31 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 2:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 118 Committee Substitute version B.pdf |
SJUD 3/7/2022 1:30:00 PM |
SB 118 |
| SB 118 Summary of Changes (SJUD).pdf |
SJUD 3/7/2022 1:30:00 PM |
SB 118 |