Legislature(2015 - 2016)BUTROVICH 205

04/12/2016 08:00 AM Senate STATE AFFAIRS

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08:06:28 AM Start
08:07:48 AM Confirmation Hearings
09:14:22 AM HB126
10:46:31 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
-- Public Testimony on Appointees --
Regulatory Commission of Alaska:
Rebecca Pauli
Alaska Board of Fisheries:
Israel Payton - Wasilla
Alan Cain - Anchorage
Robert Ruffner - Soldotna
<Bill Hearing Canceled>
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 126-CODE OF MILITARY JUSTICE; APPEALS                                                                        
9:14:22 AM                                                                                                                    
CHAIR STOLTZE announced the consideration of HB 126.                                                                            
9:14:55 AM                                                                                                                    
REPRESENTATIVE  GABRIELLE   LEDOUX,  Alaska   State  Legislature,                                                               
Juneau, Alaska,  sponsor of  HB 126,  related that  HB 126  was a                                                               
major change in  the Alaska Military Code of  Justice (AMCJ). She                                                               
noted  that  the  AMCJ  had  not been  changed  since  1955.  She                                                               
summarized that  bill creates  a state  code of  military justice                                                               
that  was similar  to the  federal code.  She explained  that the                                                               
AMCJ applies to  the militia, the Alaska National  Guard, and the                                                               
Alaska State Defense Force.                                                                                                     
She specified  that the  bill was a  disciplinary tool  and noted                                                               
two types of punishments as follows:                                                                                            
   1. Non-judicial for less serious offenses in which there are                                                                 
     no jail time and no separation from the military.                                                                          
   2. Court-martial for breaking military criminal law that                                                                     
     include jail and separating from the Guard penalties.                                                                      
REPRESENTATIVE  LEDOUX detailed  that  crimes noted  in the  AMCJ                                                               
included  strictly  military  as  well  as  those  with  civilian                                                               
equivalencies.  She noted  that militia  may prosecute  civilian-                                                               
type  crimes   only  if  the  civilian   prosecutors  decline  to                                                               
prosecute.  She continued  that  the  AMCJ covered  court-martial                                                               
rules, procedures,  and an  appeals process.  She set  forth that                                                               
the  bill  empowers the  Alaska  National  Guard to  address  bad                                                               
actions and  sever bad  actors from service.  She set  forth that                                                               
the  bill avoids  cumbersome state  termination procedures,  lets                                                               
Alaska   National  Guard   members  and   the  public   know  the                                                               
expectations and the consequences were clear.                                                                                   
9:17:41 AM                                                                                                                    
She detailed  that the latest  iteration of the  bi-partisan bill                                                               
included   involvement   from    Representative   Tuck,   Senator                                                               
Wielechowski, and the Alaska National Guard.                                                                                    
CHAIR STOLTZE noted that the  committee had experienced a lack of                                                               
engagement by  the attorney general's  office, the  Department of                                                               
Law, and the administration regarding the bill.                                                                                 
REPRESENTATIVE LEDOUX replied that  her office worked extensively                                                               
with  attorneys  from  both  Legislative  Legal  and  the  Alaska                                                               
National Guard.                                                                                                                 
9:23:01 AM                                                                                                                    
LAURIE HUMMEL,  Commissioner, Department of Military  & Veterans'                                                               
Affairs  (DMVA),  and Adjutant  General  of  the Alaska  National                                                               
Guard,  Anchorage, Alaska,  said  HB 126  was  the most  critical                                                               
remaining   step  with   improving   personnel  and   operational                                                               
readiness  in  the Alaska  National  Guard.  She set  forth  that                                                               
without  a  workable  ACMJ,  the   Alaska  National  Guard  would                                                               
continue to  struggle with  the issues  brought to  light several                                                               
years ago.                                                                                                                      
She disclosed  that in response to  the culture that grew  in the                                                               
Alaska  National Guard  prior to  her appointment,  she set  four                                                               
goals as follows:                                                                                                               
   1. Foster professionalism and ethical fitness.                                                                               
   2. Create preventative measures and offer comprehensive                                                                      
     training to mitigate improper behavior, especially in                                                                      
     regards to sexual harassment or violence.                                                                                  
   3. Help victims of improper behavior.                                                                                        
   4. Bring offenders to justice.                                                                                               
COMMISSIONER HUMMEL set forth that  the Alaska National Guard was                                                               
on target with  the first three goals, but the  fourth goal would                                                               
never be attained without an updated ACMJ.                                                                                      
She summarized  that HB  126 was a  critical step  forward toward                                                               
building and maintaining the public's trust and confidence.                                                                     
9:25:52 AM                                                                                                                    
SENATOR HUGGINS emphasized that the  Alaska National Guard is not                                                               
lawless. He  set forth that  the chain of command  and leadership                                                               
is what makes good units. He read the following:                                                                                
     Military  discipline  is  not achieved  exclusively  or                                                                    
     primarily  through use  of or  threat  of the  military                                                                    
     criminal  law  process, the  court-martial.  Commanders                                                                    
     use  the combination  of tools  to maintain  discipline                                                                    
     including leadership  by example,  training, corrective                                                                    
     measures,  and  administrative  actions  authorized  by                                                                    
     applicable regulations.                                                                                                    
He  remarked  that  whether   military  or  other  organizations,                                                               
leadership by example, high standards  of performance, and taking                                                               
immediate action results  in not having to  use court-martials or                                                               
non-judicial punishments.                                                                                                       
COMMISSIONER  HUMMEL  agreed  that discipline  is  determined  by                                                               
ethical leadership through the use  of role modeling and applying                                                               
the same  set of standards  for everyone. She addressed  the lack                                                               
of  administrative   procedures  and  a  "toothless"   ACMJ  that                                                               
impacted the Alaska National Guard in the past.                                                                                 
SENATOR HUGGINS agreed that the  bill would provide another tool,                                                               
but conceded  that the  symptoms of the  people being  dealt with                                                               
does not go away just because of  the tool. He set forth that the                                                               
intent is not to have conduct that has to be dealt with.                                                                        
9:30:32 AM                                                                                                                    
SENATOR  WIELECHOWSKI   pointed  out  that  the   National  Guard                                                               
Bureau's   Office  of   Complex   Investigations   (OCI)  did   a                                                               
comprehensive   investigation  and   issued  a   229-page  report                                                               
stemming  from  a  6-month  long   investigation  on  the  Alaska                                                               
National  Guard.  He  disclosed  that  OCI  determined  that  the                                                               
following occurred:                                                                                                             
      Actual and perceived favoritism, ethical misconduct,                                                                      
       and that the Alaska National Guard is not properly                                                                       
     administering justice.                                                                                                     
SENATOR WIELECHOWSKI noted that Alaska's former governor said:                                                                  
     This culture of mistrust and failed leadership in the                                                                      
     Guard ends now.                                                                                                            
He asked if there were  any recommendations by organizations that                                                               
Alaska pass a uniform code of military justice.                                                                                 
COMMISSIONER  HUMMEL   answered  yes.  She  specified   that  OCI                                                               
recommended  that  a  practicable  code of  military  justice  be                                                               
9:34:14 AM                                                                                                                    
CHRIS  WEAVER, Lieutenant  Colonel (LTC),  Staff Judge  Advocate,                                                               
Alaska   National   Guard,   Joint   Base   Elmendorf-Richardson,                                                               
Anchorage, Alaska, shared his military  background, noted that he                                                               
became  a judge  advocate in  2003, served  as chief  of military                                                               
justice in  Kosovo, became a  defense attorney as well  as deputy                                                               
general counsel  for the California National  Guard, and recently                                                               
asked  by General  Hummel  to  be Staff  Judge  Advocate for  the                                                               
Alaska National Guard. He said  he believed in General Hummel and                                                               
asserted that  she was the  right leader for the  Alaska National                                                               
Guard. He  asserted that the  nature of  the job was  towards his                                                               
strengths in  building processes, working with  people and future                                                               
leaders so that  the processes stay in place  and are implemented                                                               
9:38:33 AM                                                                                                                    
CHAIR STOLTZE  asked what  were his  strengths and  weaknesses in                                                               
being from the outside.                                                                                                         
LTC.  WEAVER replied  that his  weakness  was that  he was  still                                                               
learning about Alaska, but his  strengths included having a broad                                                               
experience as a defense attorney  and prosecutor as well as being                                                               
given the latitude in Alaska to  build a broad experience base to                                                               
assist with the bill.                                                                                                           
9:40:23 AM                                                                                                                    
He proceeded  with a  presentation on the  ACMJ and  reviewed the                                                               
events which led up  to the HB 126. He noted  that the OCI issued                                                               
a report in 2014.  He pointed out that there was  no record of an                                                               
ACMJ court-martial  since the current  code's inception  in 1955.                                                               
He  added that  he has  found no  non-judicial punishment  in the                                                               
Alaska National Guard. He revealed  that most discipline has been                                                               
administratively done.                                                                                                          
9:42:03 AM                                                                                                                    
SENATOR  HUGGINS asked  if there  was an  authority to  do court-                                                               
martials in the Alaska National Guard.                                                                                          
LTC. WEAVER replied  that the current code was  not very thorough                                                               
and no one has  been able to figure out exactly  what is a crime.                                                               
He detailed  that HB 126  would result in  an ACMJ that  was more                                                               
SENATOR HUGGINS stated  that he supported the essence  of HB 126.                                                               
He surmised  that the authority  for non-judicial  punishment was                                                               
probably well delineated in the ACMJ.                                                                                           
LTC. WEAVER pointed  out that he has no record  of a non-judicial                                                               
punishment every being done. He said  he did not know the reasons                                                               
for no non-judicial  punishments. He set forth that  the new ACMJ                                                               
will be more specific and bring  a process to the Alaska National                                                               
SENATOR  HUGGINS noted  that some  Alaska National  Guard members                                                               
under  disciplinary   measures  where  one  person   received  an                                                               
honorable discharge  and others  were recommended  for promotion.                                                               
He reiterated that passing the bill  does not make the problem go                                                               
away  and   stressed  that   leadership  and   understanding  the                                                               
standards was vital.                                                                                                            
9:46:33 AM                                                                                                                    
LTC.  WEAVER concurred  with Senator  Huggins. He  continued with                                                               
his  presentation   and  detailed   that  regulations   would  be                                                               
implemented by July 2016 if HB 126 passes.                                                                                      
He revealed that George Washington  said, "Discipline is the soul                                                               
of an army."  He agreed with Senator Huggins  that leadership was                                                               
key  along  with  ability  to discipline  soldiers  that  do  act                                                               
inappropriately.  He noted  that the  Alaska Criminal  Code would                                                               
have  the  right  of  first  refusal  on  crimes  that  are  also                                                               
civilian. He remarked that the ACMJ was an ongoing process.                                                                     
SENATOR HUGGINS noted that he  was concerned with the timeline in                                                               
establishing  the   Military  Appeals   Commission  due   to  the                                                               
confirmation  process. He  remarked that  court-martialing people                                                               
prior  to   instituting  the  Military  Appeals   Commission  was                                                               
probably not wanted.                                                                                                            
9:49:16 AM                                                                                                                    
CHAIR STOLTZE  voiced concern about  the appointment  process and                                                               
the Legislature's lack of involvement.                                                                                          
LTC.  WEAVER deferred  to Representative  LeDoux  to address  the                                                               
appointment process. He  explained that the ACMJ  was military in                                                               
nature and  surmised that the language  in the bill was  based on                                                               
the  appointment process  to the  appeals courts  on the  federal                                                               
He  addressed  "Concurrent  Offenses"   and  explained  that  the                                                               
offenses were similar  to the civilian crimes.  He specified that                                                               
civilians have the  right of first refusal. He  said the National                                                               
Guard  does not  want to  prosecute  cases that  are civilian  in                                                               
nature because  that was  the civilian  court's job.  He detailed                                                               
that the National Guard will  not prosecute if the civilian court                                                               
prosecutes in order to avoid double-jeopardy issues.                                                                            
SENATOR HUGGINS asked what would  occur if an offense happens off                                                               
of the compound.                                                                                                                
9:52:32 AM                                                                                                                    
LTC. WEAVER  explained that jurisdiction would  depend on whether                                                               
an individual was "on orders;"  however, a civilian court has the                                                               
right of first refusal for civilian crimes.                                                                                     
CHAIR STOLTZE  asked if double-jeopardy  would include  any civil                                                               
rights actions by the US Justice Department.                                                                                    
LTC. WEAVER answered yes, if the action was a crime.                                                                            
CHAIR STOLTZE  asked if the  federal government would  be allowed                                                               
to pursue.                                                                                                                      
LTC. WEAVER answered yes, if the action was a federal crime.                                                                    
He reviewed  the "ACMJ Basics"  and noted that offenses  would be                                                               
adjudicated  through  court-martials or  non-judicial  punishment                                                               
(NJP) for minor offenses.                                                                                                       
9:54:50 AM                                                                                                                    
He  addressed the  "State Militia"  and specified  that the  bill                                                               
applied  to individuals  under "active  duty" status  for: Alaska                                                               
National  Guard,  Alaska  Naval  Militia, and  the  Alaska  State                                                               
Defense Force.                                                                                                                  
LTC.  WEAVER  examined  the  "National  Guard  Duty  Status"  and                                                               
specified  that  the ACMJ  applied  to  "State Active  Duty"  and                                                               
"Title 32" statuses.                                                                                                            
CHAIR  STOLTZE  readdressed  double-jeopardy and  inquired  if  a                                                               
civilian  court's  adjudication  be   used  on  the  non-judicial                                                               
LTC.  WEAVER answered  yes. He  specified that  non-judicial does                                                               
not play a part in double-jeopardy.                                                                                             
CHAIR STOLTZE asked  if a non-judicial action could  be viewed as                                                               
a personnel action.                                                                                                             
LTC. WEAVER answered yes.                                                                                                       
9:57:23 AM                                                                                                                    
SENATOR  HUGGINS asked  what  actions would  occur  to an  Alaska                                                               
National Guard member who gets  in trouble "downtown" when not on                                                               
active duty.                                                                                                                    
LTC. WEAVER  specified that a civilian-like  crime not enumerated                                                               
in HB 126  would depend on whether the civilian  court decides to                                                               
take the  case. He  said if a  drilling-guard member's  crime was                                                               
enumerated  in the  ACMJ under  HB 126,  then the  National Guard                                                               
would have  jurisdiction and the  individual would be  subject to                                                               
non-judicial punishment.                                                                                                        
SENATOR  HUGGINS asked  what would  occur if  an Alaska  National                                                               
Guard member declined non-judicial punishment.                                                                                  
LTC. WEAVER specified that the idea  would be for a "no turndown"                                                               
non-judicial punishment system. He  explained that the reason for                                                               
a "no  turndown" was due  to soldiers escaping justice  by asking                                                               
for  a  court-martial with  the  knowledge  that the  case  would                                                               
unlikely proceed  because the process was  resource intensive. He                                                               
noted that the appeal process was available as well.                                                                            
10:00:42 AM                                                                                                                   
SENATOR  HUGGINS  asked  if  the  Alaska  National  Guard's  non-                                                               
judicial/Article 15  system were both "Company  Grade" and "Field                                                               
LTC.  WEAVER replied  that "General  Officer"  would be  included                                                               
SENATOR MCGUIRE asked  that Mr. Weaver address  the "no turndown"                                                               
or "not to decline" system and its impact on morale and conduct.                                                                
10:02:52 AM                                                                                                                   
LTC. WEAVER explained that justice  would be swift and leadership                                                               
would ensure that discipline was being dealt with correctly.                                                                    
SENATOR  MCGUIRE  asked  how  sexual  assault,  intimidation  and                                                               
harassment were being addressed.                                                                                                
10:06:12 AM                                                                                                                   
LTC. WEAVER  explained that  HB 126 has  taken the  language from                                                               
the Department  of Defense on  sexual assault. He  specified that                                                               
sexual assault  was a military  crime that effects the  unit, its                                                               
morale and its ability to perform  a mission. He pointed out that                                                               
sexual assault  also applied  to male  victims. He  revealed that                                                               
soldiers,  airmen,  Judge  Advocate General's  Corps  (JAG),  and                                                               
judges were trained  on sexual assault and  sexual harassment. He                                                               
reiterated that  the Alaska National  Guard would look at  a case                                                               
if the civilian-side declines a sexual assault case.                                                                            
SENATOR MCGUIRE  concurred that sexual assault  also affects men,                                                               
entire units and  families. She asserted that  sexual assault was                                                               
a crime of power and not of  sex. She set forth that dealing with                                                               
an  over-arching  threat  on a  regular  basis  of  intimidation,                                                               
harassment,  and sexual  assault  was overwhelming  for a  person                                                               
that was  trying to defend their  country or state. She  said the                                                               
ability to  provide preventative  training was important  as well                                                               
as responding swiftly so that everyone  in the unit sees that the                                                               
conduct would not be allowed.                                                                                                   
10:09:51 AM                                                                                                                   
LTC. WEAVER  addressed what  behavior can  be punished  under the                                                               
ACMJ:  military   offenses,  and  offenses  chargeable   in  both                                                               
military  and civilian  court.  He added  that  "Article 134"  or                                                               
"Section 634" in ACMJ addressed  conduct that is "counter to good                                                               
order  and  discipline" or  "brings  discredit  upon service"  as                                                               
He explained that "24/7 Jurisdiction" applied to:                                                                               
   · Active Guard Reserve (AGR) on orders "24/7."                                                                               
   · Man Day (M-day) does apply to military offenses.                                                                           
   · Alaska State Defense Force.                                                                                                
   · State Active Duty, applies to any Alaska National Guard                                                                    
   · No jurisdiction for "Title 10."                                                                                            
LTC. WEAVER reviewed where jurisdiction attaches as follows:                                                                    
   · Anywhere in the State of Alaska.                                                                                           
   · Outside the state and on orders, "official military                                                                        
   · Not outside the state and not on orders, "personal travel."                                                                
He  addressed Non-judicial  Punishment (NJP)  and explained  that                                                               
NJP  was used  for  minor offenses.  He  reiterated that  serious                                                               
offenses would go to court-martial.                                                                                             
He detailed that there were three levels of court-martial:                                                                      
   1. Summary: lower level.                                                                                                     
   2. Special: a little bit higher than "Summary."                                                                              
   3. General: highest level of court-martial.                                                                                  
He  reviewed the  levels  of maximum  punishments  and noted  the                                                               
variables that affect punishment.                                                                                               
10:12:26 AM                                                                                                                   
SENATOR HUGGINS  pointed out that  the jurisdiction on  The State                                                               
Dense Force members  may impact individuals who may  not be aware                                                               
of its consequences.                                                                                                            
LTC.  WEAVER  reviewed  the  details on  the  "No  Turn-Down"  as                                                               
   · When presented with NJP, service-members do not have the                                                                   
     right to demand trial by court-martial.                                                                                    
   · Court-martials are very resource intensive.                                                                                
   · Confinement   cannot    be   ordered    under   non-judicial                                                               
He  provided an  overview of  non-military and  military offenses                                                               
with maximum punishments allowable under HB 126.                                                                                
10:14:51 AM                                                                                                                   
CHAIR  STOLTZE asked  if SB  91,  the omnibus  crime bill,  would                                                               
change the penalties in HB 126.                                                                                                 
LTC. WEAVER conceded  that he has not followed SB  91 through the                                                               
10:16:07 AM                                                                                                                   
KALYSSA  MAILE,   Staff,  Representative  LeDoux,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,  revealed that  Legislative  Legal                                                               
determined that SB 91 should not affect HB 126.                                                                                 
CHAIR  STOLTZE asked  if there  were any  penalties of  which the                                                               
death penalty could be applied.                                                                                                 
LTC.  WEAVER  answered  no.  He  specified  that  penalties  were                                                               
limited  to:  confinement,  discharge,  and  forfeitures  through                                                               
SENATOR HUGGINS stated that "absent  without leave" (AWOL), was a                                                               
symptom of rising problems in units.  He asked if Mr. Weaver knew                                                               
the Alaska National Guard's AWOL statistics.                                                                                    
LTC. WEAVER answered that he did not know.                                                                                      
SENATOR HUGGINS  asked what happens  to an Alaska  National Guard                                                               
member that deserts.                                                                                                            
LTC.  WEAVER  replied  that  he  has dealt  with  the  issue  and                                                               
addressing desertion takes a  multi-pronged approach depending on                                                               
the AWOL level. He provided  examples and asserted that there are                                                               
consequences if a person does not meet their obligations.                                                                       
10:20:20 AM                                                                                                                   
SENATOR  HUGGINS   asked  if  the  Alaska   National  Guard  uses                                                               
"flagging"  where a  person cannot  move or  be promoted  after a                                                               
receiving an Article 15 for being AWOL.                                                                                         
LTC. WEAVER replied  that the Army does have  "flagging," but the                                                               
Title  10 Air  Force  and the  Air National  Guard  does not.  He                                                               
explained  that "flags"  occur prior  to the  disposition of  the                                                               
punishment and the  "flagging" comes off after  the punishment is                                                               
10:22:30 AM                                                                                                                   
CHAIR  STOLTZE asked  what happens  if an  Alaska National  Guard                                                               
member fails to show up  for their adjudication hearing. He noted                                                               
that not  showing up for  court proceedings was a  common offense                                                               
in the  civilian-criminal system  and adjustments have  been made                                                               
on sanctions.                                                                                                                   
LTC. WEAVER  answered that a  person would be separated  from the                                                               
National  Guard  with the  possibility  of  facing an  additional                                                               
He summarized  military crimes and noted  that conduct unbecoming                                                               
an officer only  applied to officers.  He added  that the General                                                               
Article offense encompassed the element  of a wrongful act and or                                                               
an  additional element  that  is prejudicial  to  good order  and                                                               
discipline,  or conduct  of a  nature to  bring discredit  on the                                                               
10:25:38 AM                                                                                                                   
SENATOR WIELECHOWSKI asked if the  punishments listed in the ACMJ                                                               
were  patterned  after  the  federal  Uniform  Code  of  Military                                                               
Justice (UCMJ).                                                                                                                 
LTC. WEAVER  explained that some punishments  were mirrored after                                                               
the federal UCMJ and some were policy calls made by the House.                                                                  
SENATOR HUGGINS  suggested that a  process be  instituted whereby                                                               
someone outside the Alaska National Guard reviews the bill.                                                                     
10:28:59 AM                                                                                                                   
MS. MAILE noted Senator Wielechowski's  questions on offenses and                                                               
detailed  that no  new offenses  were  created in  the bill.  She                                                               
specified that  some minor changes  were made, but no  new crimes                                                               
were created.                                                                                                                   
SENATOR MCGUIRE  asked if there will  be an expert review  of the                                                               
10:31:33 AM                                                                                                                   
CHAIR   STOLTZE  replied   that  his   office  would   work  with                                                               
Representative LeDoux  on finding  a person  with a  critical and                                                               
insightful eye and not an "echo."                                                                                               
SENATOR MCGUIRE reiterated that the  bill was a problem in search                                                               
of a solution. She continued as follows:                                                                                        
     Either the  victims don't benefit  or the  accused does                                                                    
     not  benefit. Either  way you  look  at it  if you  put                                                                    
     something in  place that  is subject  to constitutional                                                                    
     challenge  or   legal  challenge,   or  is   unfair  or                                                                    
     unequitable as you look at  other laws making their way                                                                    
     through, that would not be good.                                                                                           
10:33:16 AM                                                                                                                   
KAREN MANSFIELD, Brigadier General, Air National Guard, Joint                                                                   
Base Elmendorf-Richardson, Anchorage, Alaska, commented on the                                                                  
ACMJ as follows:                                                                                                                
     In the military, the intent  of the disciplinary action                                                                    
     is not to  remove people from the ranks,  but to affect                                                                    
     reform  and to  keep them  productive. Reform  requires                                                                    
     immediate,  measurable, visible  corrective action.  HB
     126, the  Alaska Code of  Military Justice  (ACMJ) will                                                                    
     give commanders the tools to  encourage team members to                                                                    
     behave  appropriately, which  promotes  good order  and                                                                    
     discipline, and builds trust and  respect in the corps.                                                                    
     Without the  ACMJ, our existing tools:  reprimand, rank                                                                    
     reduction, and administrative  discharge are just that,                                                                    
     administrative. The paperwork  processes for discipline                                                                    
     are not timely, they lack  impact, and can be invisible                                                                    
     to the other members of the organization.                                                                                  
     With the ACMJ  the command gains the  ability to affect                                                                    
     prompt  corrective  actions  with a  two-fold  benefit.                                                                    
     First,  we  may  change  behavior  at  the  onset  when                                                                    
     problems   are   smaller   and   correctable.   Second,                                                                    
     corrective    actions   are    visible   and    reflect                                                                    
     accountability   to   all    other   members   of   the                                                                    
     organization.  We  owe  our soldiers  and  airmen  that                                                                    
     accountability is a key component  in a legal, ethical,                                                                    
     moral,  and a  transparent Alaska  National Guard  they                                                                    
10:35:49 AM                                                                                                                   
LEE   KNOWLES,  Colonel,   Alaska  Army   National  Guard,   Fort                                                               
Richardson, Alaska, stressed the  importance of having a military                                                               
code of justice  and listed qualities discipline  should have. He                                                               
said the ACMJ is about empowering leaders.                                                                                      
10:38:03 AM                                                                                                                   
MS. MAILE presented a sectional review as follows:                                                                              
     Section  1 of  the  bill gives  the  Supreme Court  the                                                                    
     ability  to  review  decisions  made  by  the  Military                                                                    
     Appeals Commission.                                                                                                        
     Section  2  amends  the   suits  against  officers  and                                                                    
     enlisted persons  under AS 26.05.140  to note  that the                                                                    
     provision  does not  apply to  an action  or proceeding                                                                    
     under the Code of Military Justice.                                                                                        
     Section 3 is a conforming change.                                                                                          
     Section 4  is the "meat"  of this bill, it's  where the                                                                    
     Code  of   Military  Justice  is  being   augmented  or                                                                    
MS. MAILE summarized that the majority of the bill's sections                                                                   
provide for procedures initializing a court-martial and reviewed                                                                
the three levels of court-martials and their penalties.                                                                         
She pointed  out that  the addition of  a grand  jury requirement                                                               
was unique to Alaska's code and  was not in early versions of the                                                               
bill. She set forth that the  grand jury requirement was put into                                                               
the   bill   to   reflect  Alaska's   heightened   constitutional                                                               
She continued her sectional as follows:                                                                                         
     Section 5  of the bill  amends AS 33.30.011  to include                                                                    
     "Held under the authority of state law."                                                                                   
     Section 6 requires persons confined  under the Code can                                                                    
     be  committed  to  the custody  of  the  Department  of                                                                    
     Corrections  as directed  by the  adjutant general.  In                                                                    
     this  bill there  is the  ability  for a  person to  be                                                                    
     confined  in a  military or  civilian prison.  We don't                                                                    
     have  a military  prison here,  so  the expectation  is                                                                    
     that  they  would  become part  of  the  Department  of                                                                    
     Corrections system.                                                                                                        
     Section 7  requires the attorney general  to assist the                                                                    
     military court in obtaining the  commitment of a person                                                                    
     accused under AS 26.05 for a competency examination.                                                                       
     Section 8 makes conforming changes.                                                                                        
     Section 9 repeals  those existing parts of  the Code of                                                                    
     Justice   which   we   previously   heard   have   been                                                                    
     underutilized and very difficult to use.                                                                                   
     Section  10  provides  the  bill  applies  to  offenses                                                                    
     occurring on  or after the  effective date of  the act.                                                                    
     You see in Section 12 the effective date is July 2016.                                                                     
     Section  11  provides  the   staggered  terms  for  the                                                                    
     Military  Appeals Commission.  This  is uncodified  law                                                                    
     and just makes  it so that not everybody's  term on the                                                                    
     Military Appeals Commission comes up at the same time.                                                                     
10:43:29 AM                                                                                                                   
MS. MAILE addressed crimes, penalties, and the statute of                                                                       
limitations in the ACMJ as follows:                                                                                             
     In early  iterations of this  bill, the crimes  and the                                                                    
     penalties  were not  included in  statute,  it was  the                                                                    
     original intention that these  would be created through                                                                    
     regulation; however,  because this bill  is essentially                                                                    
     creating a  judicial system for  a group of  people, we                                                                    
     felt  that  it was  important  to  articulate these  in                                                                    
     statutes so  that any changes  that were  desired would                                                                    
     have  to  come through  the  State  Legislature and  be                                                                    
     thoroughly vetted.                                                                                                         
     The statute  of limitations,  we clarified to  say that                                                                    
     the  imposition of  non-judicial punishment  is limited                                                                    
     to  within  two  years  of the  offense  and  the  non-                                                                    
     judicial punishment  is limited  to three  years within                                                                    
She reiterated that the crimes and penalties were now in statute                                                                
and highlighted the change as the fundamental change that has                                                                   
come through the bill's iterations.                                                                                             
She noted that the House Judiciary Committee had a number of                                                                    
amendments, but many were minor word changes.                                                                                   
CHAIR STOLTZE announced that HB 126 would be held in committee.                                                                 

Document Name Date/Time Subjects
Confirmation Hearing - Resume - RCA - Rebecca Pauli.pdf SSTA 4/12/2016 8:00:00 AM
Confirmation Hearing - Resume - Board of Fisheries - Israel Payton.pdf SSTA 4/12/2016 8:00:00 AM
Confirmation Hearing - Resume - Board of Fisheries - Alan Cain.pdf SSTA 4/12/2016 8:00:00 AM
Confirmation Hearing - Resume - Board of Fisheries - Robert Ruffner.pdf SSTA 4/12/2016 8:00:00 AM
HB 126 ver W (Initial Version).pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 ver E (MLV).pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 ver F (JUD).pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 ver F.A (House Floor) am.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Sponsor Statement (Version F.A).pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Sectional Summary by Sponsor (Version F.A).pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Explanation of Changes by Sponsor - Version W to Version F.A.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Prieksat Memo With Updated ACMJ Bullet Points 03-17-2016.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Department of Law Response to Prieksat Memo 04-11-2016.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 CS Version G - Maximum Punishments Matrix.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Backup Document - AKNG TAG Letter - Ethical Fitness & Status of Discipline 01-01-2016.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 DMVA Document - ACMJ & Discipline Comparisons - 04-11-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #1 DOC-IDO 04-01-15.PDF SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #2 DHSS-API 04-01-15.PDF SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #3 ACS-APP 04-01-15.PDF SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #4 MVA-NGMHQ 03-20-15.PDF SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #5 DOC-IDO 01-25-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #6 DHSS-API 1-25-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #7 ACS-APP 01-25-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Fiscal Note #8 MVA-NGMHQ 01-25-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 DMVA PowerPoint on ACMJ (Version 8 as of 4-12-16)pptx.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 Legal Services Memo on Military Code of Justice 04-11-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126
HB 126 DMVA General Hummel's Four Goals In Response to OCI Investigation 04-12-16.pdf SSTA 4/12/2016 8:00:00 AM
HB 126