Legislature(2017 - 2018)GRUENBERG 120

02/06/2018 01:00 PM MILITARY & VETERANS' AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 262 MILITARY SPOUSE COURTESY LICENSE TELECONFERENCED
Heard & Held
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                     
                                                                                                                                
2:00:05 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  announced that the  final order of business  would be                                                               
HOUSE  BILL NO.  307,  "An  Act requiring  a  person who  commits                                                               
certain offenses under  the code of military  justice to register                                                               
as  a   sex  offender  or   child  kidnapper;  relating   to  the                                                               
Servicemembers Civil Relief Act; relating  to contracts made by a                                                               
member  of   the  organized  militia;  relating   to  nonjudicial                                                               
punishment  of  members of  the  organized  militia; relating  to                                                               
offenses subject to court-martial  proceedings; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:00 p.m. to 2:02 p.m.                                                                       
                                                                                                                                
2:02:03 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK listed  the witnesses  available for  questions.   He                                                               
advised that two  amendments were before the committee.   One was                                                               
related to  discussion that took  place during the  last meeting,                                                               
regarding the idea  of including all service  members, whether or                                                               
not  they are  a member  of the  organized militia,  so that  the                                                               
standard  is the  same for  all military  personnel.   The second                                                               
amendment follows the alcohol and  drug policies throughout Title                                                               
26 statutes.                                                                                                                    
                                                                                                                                
2:03:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX moved  to adopt  Amendment 1,  labeled 30-                                                               
LS1099\A.1, Glover, 2/5/18, which read as follows:                                                                              
                                                                                                                                
     Page 10, line 15, following "prisoner":                                                                                    
          Insert "or unlawfully uses a drug with a                                                                              
     prisoner"                                                                                                                  
                                                                                                                                
     Page 12, line 3, following "alcohol":                                                                                      
          Insert "or a drug"                                                                                                
                                                                                                                                
     Page 12, line 9, following "drunk":                                                                                        
          Insert "or under the influence of a controlled                                                                        
     substance"                                                                                                                 
                                                                                                                                
     Page 12, line 9, following "direct.":                                                                                      
          Insert    "In    this   subsection,    "controlled                                                                    
     substance" has the meaning given in AS 26.05.870."                                                                         
                                                                                                                                
     Page 12, line 13, following "alcohol":                                                                                     
          Insert "or a drug"                                                                                                
                                                                                                                                
2:03:45 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:03 p.m. to 2:05 p.m.                                                                       
                                                                                                                                
2:05:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  objected to the adoption  of Amendment 1                                                               
for purposes of discussion, and for a friendly amendment.                                                                       
                                                                                                                                
2:05:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  explained that  Amendment  1  attempts to  keep  the                                                               
language consistent with  the language "we had  earlier" that was                                                               
pointed out  on HB 307  because some  areas dealt with  drugs and                                                               
other areas dealt with alcohol.                                                                                                 
                                                                                                                                
2:05:53 PM                                                                                                                    
                                                                                                                                
LIEUTENANT  COLONEL CHRISTOPHER  WEAVER, Office  of the  Adjutant                                                               
General, Alaska National Guard, advised  that he was driving, and                                                               
asked that Chair Tuck explain Amendment 1.                                                                                      
                                                                                                                                
CHAIR TUCK advised  that during the last  hearing, the discussion                                                               
began at Sec. 16, [AS  26.05.785(b), page 10, lines 14-15], which                                                               
read as follows:                                                                                                                
                                                                                                                                
       (b) A member of the militia who unlawfully drinks                                                                        
     an alcoholic beverage with a prisoner may be punished                                                                      
     by up to one year of confinement ...                                                                                       
                                                                                                                                
CHAIR TUCK  explained that the  committee wanted the  language to                                                               
refer not to  simply drinking but "unlawfully uses a  drug with a                                                               
prisoner."                                                                                                                      
                                                                                                                                
2:07:04 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK referred to [Sec. 21.  AS 26.05.860, page 12, line 3],                                                               
and advised  that the amendment  brings in the drug  component to                                                               
all alcohol references.                                                                                                         
                                                                                                                                
CHAIR TUCK referred to [Sec. 21.  AS 26.05.860, page 12, lines 1-                                                               
7], which read as follows:                                                                                                      
                                                                                                                                
          Drunkennes   and  other   incapacitating  offenses                                                                
     [DRUNK ON DUTY].   A member of the  militia, other than                                                                  
     a  sentinel or  lookout,  who (1)  is  found under  the                                                                
     influence of alcohol while on  duty, or (2) as a result                                                                
     of  indulgence in  any alcoholic  beverage or  drug, is                                                                
     unable  to properly  perform the  member's duty  may be                                                                
     punished up to one year of confinement ...                                                                                 
                                                                                                                                
CHAIR TUCK  explained that  the amendment takes  page 12,  line 3                                                               
and  adds the  word "drug,"  thereby the  language would  read as                                                               
follows:                                                                                                                        
                                                                                                                                
     ... who (1) is found  under the influence of alcohol or                                                            
     a drug while on duty, or (2).                                                                                      
                                                                                                                                
2:08:02 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK referred  to  [Sec. 22,  AS  26.05.865(b)], page  12,                                                               
lines  9-10,  and  explained  that the  language  would  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
          (b)  A   member  of  the  militia   who,  while  a                                                                    
     prisoner,  is  drunk  or  under   the  influence  of  a                                                                
     controlled  substance shall  be  punished  as a  court-                                                                
     martial may direct.                                                                                                        
                                                                                                                                
CHAIR TUCK  again referred  to [Sec.  22, AS  26.05.865(b)], page                                                               
12, lines  9-10, and  explained that the  language would  read as                                                               
follows:                                                                                                                        
                                                                                                                                
          (b)  A   member  of  the  militia   who,  while  a                                                                    
     prisoner,  is  drunk  or  under   the  influence  of  a                                                                
     controlled  substance shall  be  punished  as a  court-                                                                
     martial may  direct.   In this  subsection, "controlled                                                                
     substance" has the meaning given in AS 26.05.870.                                                                      
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK  referred to  [Sec. 23. AS  26.05.865] page  12, lines                                                               
12-13, and explained that the language would read as follows:                                                                   
                                                                                                                                
          A  sentinel  or lookout  who  is  found under  the                                                                    
     influence  of alcohol  or  a drug  or  sleeping on  the                                                                
     sentinel's or lookout's post ...                                                                                           
                                                                                                                                
CHAIR TUCK offered that intent of  Amendment 1 is to list alcohol                                                               
and any illegal drugs as well.                                                                                                  
                                                                                                                                
2:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to  [Sec. 22,  AS 26.05.865(b)],                                                               
page  12, line  10, and  the addition  of the  following language                                                               
[after  the  word  "direct."]  In  this  subsection,  "controlled                                                           
substance" has  the meaning  given in AS  26.05.870.   He offered                                                           
concern where  the amendment adds  in "illegally uses  drugs" and                                                               
"drugs,"  and requested  clarity as  to whether  these terms  are                                                               
according to state or federal  law, whether there is a definition                                                               
for a  drug, whether a drug  necessarily is an illegal  drug, and                                                               
so forth.                                                                                                                       
                                                                                                                                
LIEUTENANT  COLONEL  CHRISTOPHER  WEAVER responded  that  in  the                                                               
performance  of a  service member's  duties, it  does not  matter                                                               
whether the drug  is legal or illegal.  He  offered that in other                                                               
portions of  the Alaska  Code of Military  Justice (ACMJ),  it is                                                               
illegal just  as a matter of  being in the military,  so it would                                                               
have to be an illegal drug.                                                                                                     
                                                                                                                                
2:09:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked that he  repeat his answer and asked                                                               
whether it is  necessary to define drugs as legal,  illegal, or a                                                               
controlled substance, and  whether there is one way  to list this                                                               
consistently throughout  the bill or  whether it is  necessary to                                                               
have the distinct verbiage in each individual case.                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER   clarified  that  he  would   feel  more                                                               
comfortable  if   he  saw   consistent  nomenclature   for  every                                                               
reference  to  alcohol,  drug,  legal,  illegal,  and  controlled                                                               
substance because  different words  may have  different technical                                                               
definitions.                                                                                                                    
                                                                                                                                
2:11:46 PM                                                                                                                    
                                                                                                                                
CAPTAIN BLAKE  CIRCLE, Alaska National Guard,  explained that "on                                                               
a number  of these," the  reason it  does not matter  whether the                                                               
language is "legal drug" or  "illegal drug," is because the issue                                                               
is the  resulting incapacitation.   For  example, Nyquil  or some                                                               
other drug can  cause incapacitation to where  the service member                                                               
could not  perform their  duties.   He said  that is  the problem                                                               
some  of these  sections  address,  and the  reason  some of  the                                                               
language is  "drug" and not  "illegal drug," is because  the goal                                                               
is  to  address  instances  where  a soldier  may  take  what  is                                                               
determined a legal  drug, but it causes  incapacitation such that                                                               
they could not perform their duties, he reiterated.                                                                             
                                                                                                                                
2:12:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  commented that that  information answered                                                               
his question, except  the underlying question still  remains.  He                                                               
asked whether language could be  used consistently throughout the                                                               
bill,  for example,  "a  drug or  an illegal  drug  such that  it                                                               
results in incapacitation."                                                                                                     
                                                                                                                                
CAPTAIN CIRCLE  apologized that Amendment  1 was not in  front of                                                               
him.                                                                                                                            
                                                                                                                                
2:13:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that  she had those  same concerns                                                               
and had  "quite an  in-depth conversation with  Leg Legal."   She                                                               
suggested a friendly conceptual amendment  wherein on lines 2, 5,                                                               
15, delete  the words "a  drug" and insert "an  illicit substance                                                               
or a controlled substance."                                                                                                     
                                                                                                                                
REPRESENTATIVE   SPOHNHOLZ  commented   that  that   changes  the                                                               
meaning.                                                                                                                        
                                                                                                                                
2:14:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX noted  that she was looking  at Amendment 1                                                               
and HB  307 as written,  and on page  12, line 3-4,  the language                                                               
read as follows:                                                                                                                
                                                                                                                                
       or (2) as a result of indulgence in any alcoholic                                                                    
     beverage or drug, ...                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX asked whether  that would include a service                                                               
member who  had taken a  prescription drug or  a non-prescription                                                               
drug  with no  criminal intent.   She  stressed that,  if someone                                                               
falls asleep  on duty that is  one thing, but if  they had simply                                                               
taken Sudafed  or something  similar, and  were aware  they could                                                               
fall asleep, but  they were not asleep, she does  not want to see                                                               
someone prosecuted  for taking cold  medication unless  they were                                                               
"over-taking it  or something"  just for fun.   Her  concern, she                                                               
expressed, is how  that reads in the statute as  "we now have it,                                                               
even before the amendment."                                                                                                     
                                                                                                                                
CHAIR TUCK asked Deputy Commissioner  Robert Doehl to explain why                                                               
"drug" is written in this  provision, and whether it includes all                                                               
drugs, legal and illegal, prescribed and non-prescribed drugs.                                                                  
                                                                                                                                
2:16:24 PM                                                                                                                    
                                                                                                                                
DEPUTY    COMMISSIONER    ROBERT    DOEHL,    Office    of    the                                                               
Commissioner/Adjutant   General,   Department   of   Military   &                                                               
Veterans'  Affairs (DMVA),  answered  that the  concern from  the                                                               
department is regarding any substance  that renders an individual                                                               
unable  to safety  operate an  aircraft or  machine gun  or other                                                               
lethal instrumentality.   In the  case of drugs such  as Sudafed,                                                               
he noted  that a warning  is placed on the  box, and even  for an                                                               
over-the-counter  drug, it  may  render  a person  incapacitated.                                                               
There are avenues  within the military for the  service member to                                                               
advise  that they  are  sick  and are  taking  a medication  that                                                               
instructs a  person not to  operate heavy machinery,  he offered.                                                               
In the event  a service member is not fit  for duty, the solution                                                               
is not to  ignore the warnings on  the label, it is  to report to                                                               
their supervisor that they are  medically unable to perform their                                                               
duties at that  time.  He advised that it  is called, "duties not                                                               
involving flight"  (DNIF) for  pilots.   Virtually anyone  in the                                                               
military who  is required  medication for  a medical  purpose can                                                               
report to their supervisor that  they are unable to perform their                                                               
duty due to a medication and it is not actionable.                                                                              
                                                                                                                                
2:17:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX argued  that this  [legislation] does  not                                                               
solely cover pilots and people  using other heavy equipment.  For                                                               
example, this would  mean that if someone took a  Sudafed and was                                                               
feeling a  little sleepy, they  could be prosecuted for  a crime.                                                               
She stated  that that is  not necessarily  where "we or  you" may                                                               
want to go.                                                                                                                     
                                                                                                                                
MR. DOEHL  answered that if  he drives when  he is drowsy,  and a                                                               
warning label advised that "this  may make you drowsy," he should                                                               
be prosecuted in that case.  As  to the equipment they use in the                                                               
operating  parameters,   there  is   a  heightened   standard  of                                                               
responsibility, which  is why they  are given that "free  out" if                                                               
they medically are unable to perform  a duty, they report it, and                                                               
"they don't have to."                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX commented, "If a  person is driving, but if                                                               
the person was simply attending a committee meeting ..."                                                                        
                                                                                                                                
2:19:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ interjected  and referred Representative                                                               
LeDoux to page 12, lines 3-4, which read as follows:                                                                            
                                                                                                                                
     or (2) as a result of indulgence in any alcoholic                                                                      
     beverage or drug, is unable to properly perform the                                                                    
     member's duty ...                                                                                                      
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ explained that  the service member would                                                               
not be prosecuted  for taking Sudafed and being  a little drowsy,                                                               
the person would be prosecuted  for taking an inappropriate level                                                               
of Sudafed  thereby rendering the person  incapable of performing                                                               
their duties, and not taking  advantage of the procedure of which                                                               
allows the person to not work.                                                                                                  
                                                                                                                                
MR.  DOEHL responded  that "in  our case,"  properly perform  the                                                               
duties  would be  the test,  and  whether an  improper amount  of                                                               
substance was  taken.   In the  event he  was unable  to properly                                                               
testify at  this committee hearing  because he was asleep  in the                                                               
corner  of the  room and  he  was in  the military,  he would  be                                                               
improperly performing his  duties.  At that  point, he explained,                                                               
his  actions  would  be actionable  because  the  government  had                                                               
trusted him  with the responsibility  and he was derelict  in his                                                               
duties.                                                                                                                         
                                                                                                                                
2:20:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  commented that during her  tenure with the                                                               
legislature,  she has  seen numbers  of people  nod off  during a                                                               
committee meeting and while it is not  a great idea to nod off in                                                               
a committee meeting, on the floor,  or in caucus, she is not sure                                                               
that should rise to the level of being put in jail.                                                                             
                                                                                                                                
CHAIR  TUCK   interjected  that  the  original   language  in  AS                                                               
26.05.860, is just  "drunk on duty."  Amendment 1  adds any other                                                               
type of  incapacitating offenses, and  the military is held  to a                                                               
higher  standard  when it  comes  to  the safety,  security,  and                                                               
protection  required  of  the military  members  to  protect  our                                                               
nation.                                                                                                                         
                                                                                                                                
2:22:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH   referred  to   HB  307,  [Sec.   21.  AS                                                               
26.05.860], page 12, line 3-4, which read as follows:                                                                           
                                                                                                                                
     or (2) as a result of indulgence in any alcoholic                                                                      
     beverage or drug, is unable to properly perform the                                                                    
     member's duty ...                                                                                                      
                                                                                                                                
REPRESENTATIVE  PARISH  referred  to the  word  "indulgence"  and                                                               
asked how to interpret that word in this context.                                                                               
                                                                                                                                
MR.  DOEHL   deferred  to   Webster's  Dictionary   for  defining                                                               
indulgence  and  offered his  belief  that  a person  voluntarily                                                               
partakes of a substance as an option to make them feel better.                                                                  
                                                                                                                                
2:23:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH then  referred  to [HB  307,  Sec. 21.  AS                                                               
26.05.860, page 12, lines 1-7],  and he paraphrased and commented                                                               
as follows:                                                                                                                     
                                                                                                                                
     A member of the militia, other than a sentinel or                                                                          
     lookout, who (1) is found under the influence of                                                                           
     alcohol.  And then the amendment adds language "or a                                                                       
     drug" while on duty, or.  And then it refers to the                                                                        
     condition of being unable to adequately perform one's                                                                      
     duty.                                                                                                                      
                                                                                                                                
REPRESENTATIVE PARISH  commented that  under a strict  reading of                                                               
the above,  the committee should  be wary  that were a  person to                                                               
take  a Tylenol  and people  were aware  the person  had taken  a                                                               
Tylenol while  on duty, he would  be under its influence  even if                                                               
it did not  result in any loss of capacity  on the person's part.                                                               
In order  to get  at the  spirit of this  legislation, it  may be                                                               
more  useful  to  say,  "under  the influence  of  alcohol  or  a                                                               
controlled substance."   He advised  that the  language regarding                                                               
indulgence  in any  alcoholic  beverage or  drug  and the  person                                                               
being  unable  to perform  their  duty  is the  correct  language                                                               
because in  the event  someone takes "a  whole bunch"  of Nyquil,                                                               
they may be unable to properly perform their duty.                                                                              
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ offered  appreciation for Representative                                                               
Parish's comment regarding  [HB 307, Sec. 21.  AS 26.05.860, page                                                               
12, line 3]  where the phrase "or a drug"  is being inserted, and                                                               
to  instead insert  "a controlled  substance"  is an  interesting                                                               
possibility.   She  then referred  to a  possible drafting  error                                                               
located on  Amendment 1, page 1,  line 10, which read:  "Page 12,                                                               
line 9"  and suggested it  should read  "line 10," and  it should                                                               
possibly be considered a friendly amendment.                                                                                    
                                                                                                                                
2:27:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER commented  that if a person  were to take                                                               
a drug  because they have  a cold and they  wanted to be  able to                                                               
better  perform   their  duties,  Webster's   Dictionary  defines                                                               
"indulgence"  as  satisfaction, gratification,  and  fulfillment.                                                               
In the event a person takes  the drug to actually fulfill his/her                                                               
duty and "not for  those reasons, say you get hit  by a car while                                                               
you  are  on this  sentinel  duty,  and  you didn't  do  anything                                                               
wrong," but the  person will go to the hospital  for a blood test                                                               
which will reveal  "you have this in your system."   A case could                                                               
be  made  that the  person  "did  not jump  out  of  the way,  or                                                               
whatever, it really  wasn't hampering you doing  your duty unless                                                               
they  really  wanted  to  push   that."    He  offered  that  the                                                               
suggestion  from   Representative  Parish   would  be   a  better                                                               
clarification,  although  a  person  could partake  of  too  much                                                               
Sudafed and be impaired.                                                                                                        
                                                                                                                                
2:28:58 PM                                                                                                                    
                                                                                                                                
MR.  DOEHL advised  that the  department's position  remains "any                                                               
substance that ... or mind-altering  substance is troublesome for                                                               
the duties  service members are  doing or  may be called  upon to                                                               
do."   The illicit or controlled  language is of some  concern to                                                               
the extent that  synthetic drugs are coming out  faster than they                                                               
can  be   regulated  with  the   same  deleterious   effects  and                                                               
impairment.    There  is  a  voluntary  decision  of  indulgence,                                                               
wherein  an  individual  decides  to take  the  drug,  it  wasn't                                                               
slipped into  their drink, and  they made the decision  that even                                                               
though  drugs  were in  their  system,  they still  attempted  to                                                               
perform  their military  duties.   For  the  person crossing  the                                                               
street and  was not  jaywalking, they  would still  be performing                                                               
their duties and  it would not be actionable  under this section.                                                               
However,  if they  stumbled out  into the  street it  would be  a                                                               
different  scenario.    He  said   the  department  supports  the                                                               
amendment  and  believes the  emphasis  should  be on  the  mind-                                                               
altering or  "just a substance there  with -- as proposed  in the                                                               
amendment."    The  department   recognizes  there  may  be  some                                                               
consistency  issues in  the  amendment to  work  through, and  it                                                               
believes that  "illicit" is  an issue and  also "even  a lawfully                                                               
prescribed drug,  if an  individual is impaired  by it  and there                                                               
are warnings  they could be  impaired by  it, they should  not be                                                               
doing those duties."  The  committee discussed Sudafed, but if he                                                               
was  prescribed Vicodin  and was  trying  to perform  "something"                                                               
with  all  of the  warning  on  that drug,  it  would  be a  very                                                               
different scenario.                                                                                                             
                                                                                                                                
CHAIR  TUCK  added that  if  something  were  to happen  where  a                                                               
soldier was unable to properly perform  their duty as a result of                                                               
"taking these  things," is  what this  is all about.   It  is not                                                               
about whether  they took  the drug, but  rather that  an accident                                                               
happened as a result of them ingesting the substance.                                                                           
                                                                                                                                
2:31:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  moved to  adopt Conceptual  Amendment 1                                                               
to Amendment 1 on  page 1, line 10, to delete  "9" after the word                                                               
line,  and insert  "10."   There being  no objection,  Conceptual                                                               
Amendment 1 to Amendment 1 was adopted.                                                                                         
                                                                                                                                
2:32:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  moved to adopt Conceptual  Amendment 2 to                                                               
Amendment  1, that  any  reference to  "consumption  of drugs  or                                                               
indulgence in  drugs" to substitute  language along the  lines of                                                               
"or as  a result  of consumption  of any  substance, a  member is                                                               
unable to properly perform the member's duty."                                                                                  
                                                                                                                                
CHAIR TUCK objected.   He pointed out that the  reason "drug" was                                                               
included in some of these  situations is that the department does                                                               
not want the person to be  under any influence, no matter if they                                                               
were able to  perform their duties, or not  perform their duties.                                                               
He said that  he does not want  to make it that  every time there                                                               
is  a  drug  reference,  the committee  is  conditionalizing  the                                                               
reference.  He  commented that the committee needs  to take these                                                               
one  by one  because  there is  a  reason there  is  one form  of                                                               
language versus the other form of language.                                                                                     
                                                                                                                                
CHAIR TUCK referred to Sec.  16, [AS 26.05.785(b), page 10, lines                                                               
14-15], which read as follows:                                                                                                  
                                                                                                                                
          (b) A member of the militia who unlawfully drinks                                                                     
     an alcoholic beverage with a prisoner may be punished                                                                      
     by up to one year of confinement ...                                                                                       
                                                                                                                                
CHAIR TUCK  explained that Amendment  1 would add  "or unlawfully                                                               
uses  a  drug  with  a   prisoner"  after  the  words  "alcoholic                                                               
beverage."  He commented that the  use of drug is specific, it is                                                               
unlawfully, but  there may be  conditions where a  service member                                                               
can lawfully "use it."                                                                                                          
                                                                                                                                
2:35:54 PM                                                                                                                    
                                                                                                                                
CAPTAIN CIRCLE responded  that adding "or unlawfully  uses a drug                                                               
with a  prisoner" is correct  as there  may be instances  where a                                                               
member of the militia may be able  to lawfully use a drug in that                                                               
situation.    He explained  that  qualifier  would address  those                                                               
instances.                                                                                                                      
                                                                                                                                
CHAIR  TUCK   asked  whether  the   committee  had   problems  or                                                               
suggestions for lines 1-2 of Amendment 1.                                                                                       
                                                                                                                                
2:37:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH referred  to the  language that  a service                                                               
member can  be punished for up  to one year for  the unlawful use                                                               
of  a drug  with a  prisoner,  and he  asked whether  that is  in                                                               
addition to other penalties which may be prescribed by law.                                                                     
                                                                                                                                
MR.  DOEHL answered  that  due to  double  jeopardy issues,  this                                                               
would be either a criminal  prosecution militarily or in civilian                                                               
court, it  is not that one  or the other would  prosecute in that                                                               
case.    This particular  language  arises  here because  when  a                                                               
prisoner  is in  a  custodial relationship,  all  drugs they  are                                                               
taking must  be approved through  a certain medical  process, not                                                               
simply illicit drugs.                                                                                                           
                                                                                                                                
2:38:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  asked  at which  entity's  discretion  it                                                               
would  be prosecuted:    under  a court  martial  or in  civilian                                                               
court.                                                                                                                          
                                                                                                                                
MR. DOEHL noted  that Representative LeDoux is the  author of the                                                               
original  House  Bill  126,  Code  of  Military  Justice  Appeals                                                               
[passed  in  the  Twenty-Ninth Alaska  State  Legislature].    He                                                               
advised that civilian courts have the first right of refusal.                                                                   
                                                                                                                                
2:38:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD commented  that she  has a  problem with                                                               
the  word "drug"  as it  too  broad and  she has  a problem  with                                                               
"prisoner," and  asked, "can't this  be individually as  well, or                                                               
does it  have to be with  the prisoner?"   She said, "I did  do a                                                               
friendly conceptual amendment on line 2,  5, and 15, to delete 'a                                                               
drug' and  put in  an 'illicit or  controlled substance'  like 20                                                               
minutes ago."  She said  she is convinced her friendly amendments                                                               
are important, because "'a drug' is too broad."                                                                                 
                                                                                                                                
CHAIR  TUCK advised  Representative Reinbold  said that  he heard                                                               
her  bring  up  a  suggestion,  but he  did  not  hear  a  formal                                                               
movement.                                                                                                                       
                                                                                                                                
MR.  DOEHL advised  Representative Reinbold  that the  department                                                               
thanks her for  drawing attention to this important  issue a week                                                               
ago in order  to have this dialogue.  In  terms of the discussion                                                               
of "uses with  a prisoner," he explained that that  is a separate                                                               
type of offense rather than performing  a duty impaired.  This is                                                               
with  regard to  any  unlawful  use of  a  drug  with a  prisoner                                                               
regardless  of whether  a service  member is  impaired.   At that                                                               
point, it  is actionable  on its face  because it  is undermining                                                               
good order and discipline.    That sort of relationship between a                                                               
prisoner  and the  person in  charge  of keeping  the prisoner  a                                                               
prisoner  is  unacceptable,  which  is   why  it  is  a  separate                                                               
provision than  those in terms  of the  duty issues.   He related                                                               
that  he understands  the concern  about  how to  define drug  or                                                               
define the  illicit or controlled  substance, and the  concern of                                                               
the department is that there are  substances that can be used for                                                               
mild-altering purposes that may not be  on a schedule as a banned                                                               
or controlled substance.                                                                                                        
                                                                                                                                
[The motion  to adopt Conceptual  Amendment 2 to Amendment  1 was                                                               
treated as withdrawn.]                                                                                                          
                                                                                                                                
REPRESENTATIVE REINBOLD commented that to  her an illicit drug is                                                               
an  illicit drug  and possibly  the committee  needs a  technical                                                               
definition, it is a mind-altering substance.                                                                                    
                                                                                                                                
2:41:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD moved to  adopt Conceptual Amendment 3 to                                                               
Amendment 1,  and referred to  Amendment 1,  lines 2, 5,  15, "in                                                               
the very left  column," to delete the phrase "a  drug" and insert                                                               
"with an illicit or controlled substance."                                                                                      
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ objected.                                                                                              
                                                                                                                                
CHAIR   TUCK   restated  Representative   Reinbold's   Conceptual                                                               
Amendment  3 to  Amendment 1,  and advised  that on  Amendment 1,                                                               
page  1, lines  2, 5,  15, any  reference to  the word  "drug" is                                                               
replaced  with  the  phrase   "illicit  substance  or  controlled                                                               
substance."                                                                                                                     
                                                                                                                                
2:42:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ requested  the specific legal definition                                                               
of  the term  "illicit," and  asked whether  the committee  could                                                               
simply use the  dictionary or ask Legislative  Legal and Research                                                               
Services.                                                                                                                       
                                                                                                                                
MR. DOEHL responded that he  googled the term "illicit" and noted                                                               
that it means,  "forbidden by law, rules, or  regulation," and he                                                               
related that he does not have  the Alaska Statues in front of him                                                               
to determine whether "illicit" is more specifically defined.                                                                    
                                                                                                                                
CHAIR TUCK surmised that within  Conceptual Amendment 3, there is                                                               
"illicit  substance or  controlled  substance"  that pretty  much                                                               
covers all drugs.                                                                                                               
                                                                                                                                
MR. DOEHL responded  that "controlled" would be  those drugs that                                                               
are controlled,  such as the  scheduled narcotics;  and "illicit"                                                               
is  forbidden by  law,  rules,  or regulation.    Sudafed is  not                                                               
forbidden by  law, rules, or regulation  on its face, but  use of                                                               
it in "a duty-impairing way" would be.                                                                                          
                                                                                                                                
CHAIR TUCK  asked Representative  Reinbold whether  her intention                                                               
is to exclude drugs such as Sudafed.                                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD advised  that  her intention  is to  not                                                               
make it  so broad that it  includes everything, and she  needs to                                                               
see the definition.                                                                                                             
                                                                                                                                
2:44:42 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:44 p.m. to 2:47 p.m.                                                                       
                                                                                                                                
2:47:42 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  advised  that before  the  committee  is  Conceptual                                                               
Amendment 3  to Amendment  1, and  there may  be other  issues to                                                               
fix.                                                                                                                            
                                                                                                                                
2:47:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  removed her objection to  the motion to                                                               
adopt Conceptual Amendment 3 to Amendment 1.                                                                                    
                                                                                                                                
2:48:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  withdrew her motion to  adopt Conceptual                                                               
Amendment  3  to Amendment  1  to  address  the concerns  of  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR  TUCK  announced  his intent  that  the  committee  members                                                               
review Amendment 1 [as amended], in  order to speak to all of the                                                               
problems  they perceive,  and any  other  additional language  in                                                               
going through Amendment 1 that may  be in the original bill, with                                                               
the intent to properly draft Amendment 1.                                                                                       
                                                                                                                                
2:48:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  referred to  [Sec. 21. AS  26.05.860, page                                                               
12, lines 1-7], which read as follows:                                                                                          
                                                                                                                                
          Drunkennes   and  other   incapacitating  offenses                                                                
     [DRUNK ON DUTY].   A member of the  militia, other than                                                                  
     a  sentinel or  lookout,  who (1)  is  found under  the                                                                
     influence of alcohol while on  duty, or (2) as a result                                                                
     of  indulgence in  any alcoholic  beverage or  drug, is                                                                
     unable  to properly  perform the  member's duty  may be                                                                
     punished up to one year of confinement ...                                                                                 
                                                                                                                                
REPRESENTATIVE LEDOUX  commented that  the whole problem  is that                                                               
under (1), it is kind of  strict liability as to whether a person                                                               
is  under the  influence  of something;  whereas,  under (2)  the                                                               
person  must be  impaired.   She said  that she  agrees with  the                                                               
department that  if someone is  impaired, even if it  is Sudafed,                                                               
they should not  be on duty.   Except, she pointed out,  if it is                                                               
strict liability,  it makes sense  to say, "alcohol,  or probably                                                               
not illicit, but I mean something  that gets the idea that its an                                                               
illegal substance that  you want strict liability for  if you are                                                               
on  duty."   She added  that another  glitch to  throw into  this                                                               
discussion is how  the committee prefers to  deal with marijuana,                                                               
which is illegal under federal law  and legal under state law and                                                               
this is something the committee does need to consider.                                                                          
                                                                                                                                
MR.  DOEHL referred  to  HB  307, page  12,  Sec. 26.05.860,  and                                                               
pointed out that  it connotates two different  ways someone other                                                               
than a sentinel  could be in violation.  One  is for influence of                                                               
alcohol, and he opined that a  drug in that case would mirror the                                                               
illicit  or  controlled   substance  as  Representative  Reinbold                                                               
offered.  For instance, if  someone has a random urinalysis while                                                               
on duty, there is a list  of those controlled substances that are                                                               
not allowed.   The department's intent for  the random urinalysis                                                               
example  is that  there  is  a defined  list  of substances  they                                                               
cannot take, and that "or" is  "or this other condition" which is                                                               
where whatever  substance had been  taken, impaired  the person's                                                               
ability to perform their duties.   Therefore, it would be apropos                                                               
in that  case if  the committee  does not want  to use  "drug" to                                                               
perhaps use  "mind-altering substance or impairing  substance" or                                                               
something  to  that  effect to  capture  something  broader  than                                                               
simply the controlled drugs.                                                                                                    
                                                                                                                                
2:51:38 PM                                                                                                                    
                                                                                                                                
CHAIR TUCK referred  Representative Reinbold to HB  307, page 12,                                                               
line 4, which read as follows:                                                                                                  
                                                                                                                                
     ... any alcoholic beverage or drug                                                                                     
                                                                                                                              
CHAIR TUCK explained that that  means "illegal or not," and asked                                                               
whether she  agrees with  leaving "drug" in  that line,  or would                                                               
she like to replace it with a different terminology.                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD  answered  that  her  recommendation  is                                                               
"illicit or  controlled substance,"  because "drug" is  broad and                                                               
that is her concern.                                                                                                            
                                                                                                                                
CHAIR TUCK  explained that he  was not referring to  Amendment 1,                                                               
he was referring  to page 12, line  4, of the bill.   Amendment 1                                                               
was attempting to add "alcohol or  drug" in line 3, and he opined                                                               
that it  does need to  be spelled  out because the  discussion is                                                               
not  about illegal  drugs,  the discussion  is  about illicit  or                                                               
controlled   substances.      He  advised   that   Representative                                                               
Reinbold's  Conceptual  Amendment 3  to  Amendment  1 made  sense                                                               
"right there."  He clarified that  when looking at line 4 whether                                                               
after "beverage  or drug"  would encompass  those drugs  that are                                                               
legally over the  counter and can be taken but  happens to impair                                                               
a person's  ability to  perform their duties.   He  asked whether                                                               
"that is  good enough  terminology to encompass  all of  that for                                                               
you."                                                                                                                           
                                                                                                                                
REPRESENTATIVE REINBOLD responded that she  has to put a bit more                                                               
thought  into  the   question  because  that  was   part  of  her                                                               
amendment.                                                                                                                      
                                                                                                                                
2:53:25 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK  asked  Representative   Saddler  the  same  question                                                               
because there were concerns about  where "drug" was used in "some                                                               
of this stuff."                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER  responded  that the  committee  had  not                                                               
begun the process  of going down each paired line  of Amendment 1                                                               
to determine  whether the application  of the operative  words to                                                               
each individual circumstance is appropriate.   He opined that the                                                               
committee had  generally agreed to  the first pair on  lines 1-2,                                                               
and  then the  committee  was  subsumed by  the  proposal for  an                                                               
omnibus amendment  to change "drug".   He commented that  he does                                                               
not  feel   comfortable  doing  this  until   speaking  with  the                                                               
Legislative  Legal and  Research  Services drafter,  so he  would                                                               
recuse himself from the discussion.                                                                                             
                                                                                                                                
CHAIR  TUCK clarified  that this  is not  part of  the amendment,                                                               
this is  simply [page 12], line  4, "as we were  looking at this,                                                               
and clarifying what we meant with  line 3, adding 'drug' in there                                                               
but  now,   maybe  changing  that   to  'illicit   or  controlled                                                               
substance.'"                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  commented that if drug  is conditioned by                                                               
"is unable  to properly  perform member's duty,  you can  call it                                                               
anything  you  want to  if  that  is the  test  and  that is  the                                                               
standard."  He said he  would support "illicit" or "drug" because                                                               
either word  conditioned by  "is unable  to properly  perform the                                                               
member's duty" makes either acceptable.                                                                                         
                                                                                                                                
CHAIR  TUCK  reiterated that  it  is  the  chair's wish  for  the                                                               
committee to set Amendment 1  [as amended] aside, and each member                                                               
will work on  it to get it right, and  currently the committee is                                                               
going through everything generally.                                                                                             
                                                                                                                                
2:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH opined  that the  adjustments contemplated                                                               
on page 12, line 3-4, are  sensible.  Although, he commented, the                                                               
committee  may want  to  look at  page 12,  lines  12-13, and  he                                                               
paraphrased  as follows:  "A  sentinel or  lookout  who is  found                                                               
under the influence  of alcohol or sleeping on  the sentinel's or                                                               
lookout's post"  in the  same light as  Sec. 26.05.860  [page 12,                                                               
lines  9-10]  and  capture  the   nuance  of,  "or  a  controlled                                                               
substance or  other drug which would  tend to impair them  in the                                                               
performance  of  their  duties."   He  suggested  trying  to  tie                                                               
together  the two  critical clauses  brought  to the  committee's                                                               
attention  by Mr.  Doehl, and  pointed to  the problem  of people                                                               
using  illicit  substances and  also  those  using perfect  legal                                                               
substances which could tend to  impair them in the performance of                                                               
their duties without  the knowledge of their  medical officer, he                                                               
said.  Generally,  he advised, a medical officer  would give them                                                               
a "not  fit for  duty" chit  and let them  tend to  their health.                                                               
Under extreme conditions,  such as during a  natural disaster, he                                                               
opined that  the courts would tend  to take that into  account if                                                               
someone  sprained  an ankle  and  wanted  to  take an  Advil  and                                                               
continue working.                                                                                                               
                                                                                                                                
2:56:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented  that someone  could  have  a                                                               
reaction  to a  drug that  impaired  their ability,  and she  was                                                               
unsure whether that was included  in the legislation which is why                                                               
she is  sensitive to the  "illegal or  illicit" part of  this and                                                               
"drug" is too  broad.  She referred to  "Sec. 26.05.870, Wrongful                                                               
use of  possession," and  said she  was glad  "that is  down here                                                               
lower on line 12, which is important."                                                                                          
                                                                                                                                
2:58:08 PM                                                                                                                    
                                                                                                                                
CHAIR  TUCK advised  that Amendment  1,  as amended,  and HB  307                                                               
would  be  held  over.   [The  committee  treated  Representative                                                               
Saddler's Conceptual Amendment 2 to Amendment 1 as held over.]                                                                  
                                                                                                                                
2:58:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  whether  a  section  deals  with                                                               
someone giving a prisoner drugs.                                                                                                
                                                                                                                                
CHAIR TUCK  answered that it  would be the section  the committee                                                               
previously discussed regarding someone guarding a prisoner ...                                                                  
                                                                                                                                
REPRESENTATIVE  RAUSCHER  interrupted  and  said  that  giving  a                                                               
prisoner  drugs  and not  doing  drugs  with  a prisoner  is  not                                                               
addressed here.                                                                                                                 
                                                                                                                                
MR.  DOEHL explained  that "doing  drugs with  the prisoner"  and                                                               
giving drugs  to a prisoner  is addressed in  HB 307 in  terms of                                                               
standing orders.                                                                                                                
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked why  there  is  a need  for  this                                                               
paragraph  if there  is a  paragraph covering  a person  while on                                                               
duty "a couple of paragraphs  later."  He reiterated his question                                                               
and asked  why the  need for  this paragraph  if a  person cannot                                                               
give the  drug to  a prisoner  in another  section, and  then the                                                               
earlier paragraph stating,  "you can't do drugs while  you are on                                                               
duty."                                                                                                                          
                                                                                                                                
MR.  DOEHL  answered that  the  short  answer  is  that it  is  a                                                               
different count of a higher count  due to the negative effects on                                                               
good order and discipline.                                                                                                      
                                                                                                                                
CHAIR  TUCK  added that  it  is  a  higher violation  under  that                                                               
circumstance.                                                                                                                   
                                                                                                                                
[HB 307 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB307 Amendment A.2.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Amendment A.1.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Additional Document - SCRA Enhancements One Pager 2.4.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB307 Additional Document - SCRA Enhancement from Other States 2.4.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 307
HB262 Supporting Documents- Expedited Application for Mil. Spouses.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- EAFB Regional Growth Plan.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- DoD Officials Assesment Article.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- Board of Barber Curt. Lic. App..pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Documents- Board of Accupunture Lic. App..pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Document- DoD Licensure Implementation Eval. 2.2.17.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Supporting Document- DC Doehl MLV Letter.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 Sponsor Statement 2.2.18.pdf HMLV 2/6/2018 1:00:00 PM
HB 262
HB262 v D.PDF HMLV 2/6/2018 1:00:00 PM
HB 262