CSHB 152(STA): "An Act relating to the organized militia; and relating to the authority of the adjutant general."
00 CS FOR HOUSE BILL NO. 152(STA) 01 "An Act relating to the organized militia; and relating to the authority of the adjutant 02 general." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 26.05.060 is amended to read: 05 Sec. 26.05.060. Control and command of the organized militia [ALASKA 06 NATIONAL GUARD AND ALASKA NAVAL MILITIA]. The governor, by 07 virtue of this office, is the commander in chief [AS EX OFFICIO COMMANDER] 08 of the militia of the state. The governor's command is exercised through the 09 adjutant general, who shall carry out the policies of the governor in military 10 affairs. The adjutant general represents the governor and shall act in conformity 11 with the governor's instructions. The adjutant general shall exercise control and 12 command of the military department of the state. The adjutant general shall 13 adopt regulations that provide for the organization, administration, and 14 equipment of the organized militia that are not contrary to federal law or
01 regulations [HAS COMMAND OF THE ALASKA NATIONAL GUARD AND 02 THE ALASKA NAVAL MILITIA WHILE THEY ARE NOT IN ACTIVE 03 FEDERAL SERVICE. THE GOVERNOR MAY ADOPT NECESSARY 04 REGULATIONS FOR THEM]. The Alaska National Guard and the Alaska Naval 05 Militia and their members are subject to all federal laws and regulations relating to the 06 National Guard and Naval Militia of the several states and territories and of the United 07 States. 08 * Sec. 2. AS 26.05.070 is amended by adding new subsections to read: 09 (b) The organized militia may not be used against or to mitigate a lawful 10 activity, including an organized labor activity. 11 (c) The adjutant general may order members of the organized militia to active 12 state service, with their consent, for full-time duty with the office of the adjutant 13 general. 14 * Sec. 3. AS 26.05.080 is amended to read: 15 Sec. 26.05.080. Decision of governor final. Whenever any portion of the 16 militia is ordered to duty by the governor, the decision of the governor in this matter is 17 final. Whenever any portion of the militia is ordered to duty by the adjutant 18 general, the decision is subject to review by the governor. 19 * Sec. 4. AS 26.05.100 is amended to read: 20 Sec. 26.05.100. Alaska State Defense Force. With the consent of the United 21 States Congress, a [A] state militia, known as the Alaska State Defense Force, may 22 be organized through voluntary enlistments under regulations as to commission, 23 enlistment, administration, equipment, maintenance, discipline, and training that 24 may be prescribed by the adjutant general under AS 26.05.060 and 26.05.360 25 [GOVERNOR]. During the time that the Alaska National Guard or the Alaska Naval 26 Militia, or any part of either of them, is not available to the state by reason of active 27 federal service, or the National Guard or Naval Militia requires augmentation to 28 perform its state mission, the governor may activate the Alaska State Defense Force. 29 Members of the Alaska State Defense Force performing inactive duty or training 30 or community service duties shall receive benefits under AS 26.05.260 if the 31 member suffers an injury, disability, or death while in the line of duty.
01 * Sec. 5. AS 26.05.190(a) is amended to read: 02 (a) [THE ADJUTANT GENERAL SHALL ADOPT AND PUBLISH 03 ORDERS AND REGULATIONS NOT CONTRARY TO LAW THAT IN THE 04 ADJUTANT GENERAL'S JUDGMENT ARE NECESSARY TO BRING THE 05 ORGANIZATIONS, ARMAMENT, EQUIPMENT, AND DISCIPLINE OF THE 06 ORGANIZED MILITIA TO A HIGH DEGREE OF EFFICIENCY.] The adjutant 07 general shall perform all the administrative functions incident to the operation of the 08 Alaska National Guard, the Alaska State Defense Force, and the Alaska Naval 09 Militia. In addition, the adjutant general shall have an inventory taken at least once 10 each year of all state military stores, property, and funds under the jurisdiction of the 11 adjutant general. 12 * Sec. 6. AS 26.05 is amended by adding a new section to read: 13 Sec. 26.05.195. Adjutant general and assistant adjutant general duty 14 status. The adjutant general and assistant adjutants general are subject to regulations 15 under this chapter and paid according to state law. 16 * Sec. 7. AS 26.05.210(b) is amended to read: 17 (b) When federal recognition of an officer's commission or warrant has been 18 withdrawn, the officer's state appointment as a commissioned or warrant officer may 19 be terminated, and the commission or warrant vacated upon [THE 20 RECOMMENDATION OF THE ADJUTANT GENERAL AND] approval of the 21 adjutant general [GOVERNOR]. 22 * Sec. 8. AS 26.05.210(d) is amended to read: 23 (d) Commissioned or warrant officers may tender their resignations through 24 National Guard or Naval Militia command channels. Resignations shall be in writing, 25 stating the reason for resignation, and shall take effect when accepted by the adjutant 26 general [UPON THE APPROVAL OF THE GOVERNOR]. 27 * Sec. 9. AS 26.05.220 is amended to read: 28 Sec. 26.05.220. Retired list. A commissioned officer and enlisted person upon 29 reaching the maximum age prescribed for active duty by appropriate regulations and a 30 commissioned officer or enlisted person who is disabled or incapacitated for active 31 duty through no personal fault or dereliction, and a commissioned officer or enlisted
01 person who serves honorably with the Alaska National Guard or with the Alaska 02 Naval Militia in any capacity and is unable to perform further active duty due to 03 limitations imposed by appropriate regulations may be placed on [UPON] the retired 04 list upon recommendation by the adjutant general [AND APPROVAL OF THE 05 GOVERNOR]. 06 * Sec. 10. AS 26.05.230(b) is amended to read: 07 (b) The armory of each battalion, company, or other unit is subject to the order 08 of the adjutant general and under the charge of its armory board which shall keep in 09 the armory all property furnished by the state. [EXCEPT FOR SCOUT 10 BATTALIONS ORGANIZED UNDER SPECIAL AUTHORITY OF THE 11 SECRETARY OF THE ARMY, A UNIT MAY NOT BE FURNISHED WITH 12 ARMS OR EQUIPMENT UNTIL A SUITABLE ARMORY IS PROVIDED FOR 13 THEIR DEPOSIT.] Subject to regulations adopted by the adjutant general, an armory 14 may be used for any reasonable and legitimate civilian activity so long as the activity 15 does not interfere with its use for military purposes. [PROCEEDS RECEIVED AS 16 RENTAL OR OTHERWISE AT AN ARMORY FROM NONMILITARY USE 17 SHALL BE DEPOSITED IN THE GENERAL FUND.] 18 * Sec. 11. AS 26.05.296(a) is amended to read: 19 (a) To the extent funds are available, the adjutant general may authorize the 20 payment of up to 100 percent of the cost of tuition and required fees for each active 21 member of the Alaska National Guard, the Alaska State Defense Force, or the 22 Alaska Naval Militia if the member attends an educational, vocational, or technical 23 training school in this state. The adjutant general may prioritize categories of 24 education benefits to encourage recruitment and retention of Alaska National Guard, 25 Alaska State Defense Force, or Alaska Naval Militia members. Payments 26 authorized under this section for active members of the Alaska National Guard, the 27 Alaska State Defense Force, or the Alaska Naval Militia continue so long as the 28 active member is a student in good standing in the educational program or class and 29 participates satisfactorily in unit training activities. 30 * Sec. 12. AS 26.05.360(b) is amended to read: 31 (b) The regulations adopted under this section must
01 (1) provide for nonjudicial punishment; the regulations for nonjudicial 02 punishment may not provide for confinement or separation from military service or 03 prohibit a member of the militia from declining the imposition of nonjudicial 04 punishment in favor of a court-martial; 05 (2) as the adjutant general and the governor consider practicable, apply 06 the principles of law and the rules of evidence and procedure governing military 07 criminal cases in the courts of the armed forces of the United States, but may not be 08 contrary to or inconsistent with this chapter or the applicable Alaska Rules of 09 Evidence; 10 (3) include rules of pretrial, trial, and post-trial procedure, including 11 methods of proof, for cases before courts-martial and courts of inquiry; 12 (4) not be contrary to federal law or regulations. 13 * Sec. 13. AS 26.05.360 is amended by adding a new subsection to read: 14 (e) The regulations adopted under this section must conform as nearly as 15 practicable to regulations governing the armed forces of the United States. 16 * Sec. 14. AS 26.05.660 is amended to read: 17 Sec. 26.05.660. Delegation by the governor. The governor may delegate any 18 authority vested in the governor under the code of military justice, and provide for the 19 subdelegation of the authority, except the powers given to the governor by 20 AS 26.05.450 [AS 26.05.170 AND 26.05.450]. 21 * Sec. 15. AS 26.05.170, 26.05.235, 26.05.340(a), and 26.05.340(d) are repealed.