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SB 111: "An Act relating to the Alaska State Defense Force."

00                             SENATE BILL NO. 111                                                                         
01 "An Act relating to the Alaska State Defense Force."                                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 26.05.010(c) is amended to read:                                                                   
04            (c)  The governor [ADJUTANT GENERAL] may, by regulation, prescribe the                                   
05       maximum age for eligibility in the militia and any physical qualifications to meet                            
06       specific mission requirements for the Alaska State Defense Force.                                             
07    * Sec. 2. AS 26.05.030(d) is amended to read:                                                                      
08            (d)  The Alaska State Defense Force consists of units authorized by the                                      
09       governor and manned by volunteer personnel qualifying under state law and                                         
10 regulation, with priority given to personnel who have served in the military, a                                     
11 military auxiliary, a state defense force, the United States Coast Guard, a                                         
12 volunteer auxiliary, or a state or municipal law enforcement agency. To be                                          
13 eligible to volunteer, former military personnel shall have an honorable                                            
14 discharge or general discharge under honorable conditions. A person with a                                          
15 prior felony conviction, any prior criminal conviction that prevents ownership of                                   
01 arms, or a prior conviction for a felony or misdemeanor for a crime involving                                       
02 moral turpitude is not eligible to volunteer under this section, unless, in the case                                
03 of extreme emergency, the governor waives those prohibitions. All Alaska State                                      
04       Defense Force personnel shall be                                                                                  
05 (1)  appointed, commissioned, or warranted, and assigned by the                                                         
06 governor, or the adjutant general as the governor's designee, for a period of six years                         
07       after                                                                                                         
08 (A)  submitting an application, a current resume, the                                                               
09 applicant's fingerprints made by a certified fingerprint technician, a                                              
10 national criminal history record check, and, under penalty of perjury, a                                            
11            sworn statement disclosing any prescription drug use;                                                    
12 (B)  review of the application submitted under (A) of this                                                          
13 paragraph by a board appointed by the commander of the Alaska State                                                 
14 Defense Force and made up of senior commissioned officers and at least                                              
15 one senior, noncommissioned officer; an applicant who is denied under                                               
16 this subsection may file an appeal in writing to the governor, who may                                              
17            grant a waiver;                                                                                          
18 (C)  review of any prescription drug use by the Alaska State                                                        
19 Defense Force Surgeon General to ensure there is no bar to armed duty;                                              
20 the surgeon general may require an applicant to provide a written                                                   
21 statement from a medical care provider regarding the use and effect of the                                          
22            prescription drugs;                                                                                      
23 (2)  subject to serve on state active duty at the call and by order of the                                              
24       governor.                                                                                                         
25    * Sec. 3. AS 26.05.100 is amended to read:                                                                         
26 Sec. 26.05.100. Alaska State Defense Force. An armed [A] state militia,                                             
27 known as the Alaska State Defense Force, may be organized under the Office of the                                   
28 Governor and maintained through voluntary enlistments out of the unorganized                                    
29 militia under regulations as to discipline and training that may be prescribed by the                               
30 governor. [DURING THE TIME THAT THE ALASKA NATIONAL GUARD OR                                                            
31 THE ALASKA NAVAL MILITIA, OR ANY PART OF EITHER OF THEM, IS                                                             
01 NOT AVAILABLE TO THE STATE BY REASON OF ACTIVE FEDERAL                                                                  
02 SERVICE, OR THE NATIONAL GUARD OR NAVAL MILITIA REQUIRES                                                                
03 AUGMENTATION TO PERFORM ITS STATE MISSION, THE GOVERNOR                                                                 
04       MAY ACTIVATE THE ALASKA STATE DEFENSE FORCE.]                                                                     
05    * Sec. 4. AS 26.05.100 is amended by adding new subsections to read:                                               
06 (b)  During the time that the Alaska National Guard or the Alaska Naval                                                 
07 Militia, or any part of either of them, is not available to the state by reason of active                               
08 federal service, or the National Guard or Naval Militia requires augmentation to                                        
09       perform its state mission, the governor may activate the Alaska State Defense Force.                              
10 (c)  The Alaska State Defense Force shall be maintained as an organized,                                                
11 armed, trained military force capable of timely and effective response to state                                         
12 emergencies, or, on other occasions the governor considers appropriate, to provide                                      
13 armed military assistance to civil and military authorities in the preservation of life,                                
14       property, and public safety.                                                                                      
15 (d)  The primary mission of the Alaska State Defense Force is to serve as a                                             
16 constabulary with state police powers. An Alaska State Defense Force member shall                                       
17 act as a peace officer and may use personal arms when called to state active duty                                       
18 under AS 26.05.070. The Alaska State Defense Force may have additional missions,                                        
19 as authorized by the governor. In this subsection, "constabulary" means an armed                                        
20       police force organized on military lines, but distinct from the regular Army.                                     
21 (e)  The Alaska State Defense Force may have units of varying strength                                                  
22 established in the state. Units operate at reduced strength until the governor authorizes                               
23 full strength by ordering the unorganized militia into active state service under                                       
24       AS 26.05.070 or recruiting produces the manpower required for full strength.                                      
25 (f)  The Alaska State Defense Force shall issue a badge to each member who                                              
26 qualifies as a state military police constable. A member may wear a badge issued                                        
27 under this subsection only when the member is under orders and in uniform. A                                            
28 member shall return the badge to the Alaska State Defense Force upon discharge. A                                       
29 badge issued under this subsection must be metal or woven, contain the state seal in                                    
30 the center of the badge, and contain the words "Alaska State Police Auxiliary" and                                      
31 "Alaska State Defense Force" on the face of the badge. An Alaska State Defense Force                                    
01 uniform may include the state flag on the right shoulder, but may not include other                                     
02 federal military badges or insignia. Alaska State Defense Force insignia, devices, and                                  
03 awards may be worn on uniforms of the United States Army as permitted under                                             
04       federal law.                                                                                                      
05 (g)  The Alaska State Defense Force shall have a state-only chain of command                                            
06 structure with the governor as the commander in chief. The Alaska State Defense                                         
07 Force shall use the same rank structure as the Alaska Army National Guard. All rank                                     
08 appointments shall be made based on the needs of the Alaska State Defense Force, and                                    
09 the member's education, state knowledge, leadership ability, business experience, and                                   
10 prior experience in the military, a state defense force, the United States Coast Guard,                                 
11 the United States Coast Guard Auxiliary, the Civil Air Patrol, or state or municipal                                    
12 law enforcement. The governor shall appoint each officer to the Alaska State Defense                                    
13 Force at the recommendation of the commanding officer of the Alaska State Defense                                       
14       Force. Appointment as an officer may not require any educational qualifications.                                  
15            (h)  A member of the Alaska State Defense Force                                                              
16 (1)  shall, at no cost to the state, provide the member's personal arms,                                                
17 uniforms, and field gear suitable for militia duty and training compatible with current                                 
18 Alaska State Defense Force standards for arms and ammunition; the state has no                                          
19       ownership interest in items provided by a member under this paragraph;                                            
20                 (2)  shall attend monthly training drills without pay;                                                  
21 (3)  shall be ready to respond to activation under AS 26.05.070 within                                                  
22       24 hours of notification;                                                                                         
23 (4)  shall be subject to the discipline and training prescribed by state                                                
24       law and the conduct manual described in (l) of this section;                                                      
25 (5)  shall be subject to lawful orders of Alaska State Defense Force                                                    
26       officers;                                                                                                         
27                 (6)  may not be subject to federal military law or discipline.                                          
28 (i)  The state shall recognize the arms of an Alaska State Defense Force                                                
29 member as individually owned, private arms and may not abridge, diminish, or                                            
30 interfere with those rights with respect to use of those arms for duty in the Alaska                                    
31       State Defense Force.                                                                                              
01            (j)  Qualified units or members of the Alaska State Defense Force shall be                                   
02       eligible for                                                                                                      
03                 (1)  state decorations or awards available to the units or members of the                               
04       Alaska National Guard;                                                                                            
05                 (2)  any decoration or award given by the State Guard Association of                                    
06       the United States to state defense forces; and                                                                    
07                 (3)  awards authorized by the commanding officer.                                                       
08            (k)  The Alaska State Defense Force may request or receive federal and state                                 
09       grants or assistance for materials and training. To the extent allowed under state law, a                         
10 state agency and the legislature may give priority to the Alaska State Defense Force                                    
11 over a nongovernment agency for funding requested for administration, training, and                                     
12 necessary mission-specific material. The Alaska State Defense Force may accept                                          
13       assistance from private sources for equipment, training, and transportation.                                      
14 (l)  The governor shall appoint the commanding officer of the Alaska State                                              
15 Defense Force. The commanding officer shall, while holding office, have the grade of                                    
16 brigadier general and the title of Commanding Officer Alaska State Defense Force.                                       
17 The commanding officer is responsible to the governor for the day-to-day                                                
18 administration, operation, discipline, and organization of the Alaska State Defense                                     
19       Force. The commanding officer shall                                                                               
20 (1)  create a conduct manual for members; the conduct manual must                                                       
21 apply to a member regardless of whether the member has been called to state active                                      
22       duty under AS 26.05.070; the conduct manual must provide                                                          
23 (A)  for the discipline of any minor military offense, which                                                            
24            must be limited to nonmonetary, administrative punishment;                                                   
25 (B)  that the standard for a conviction for insubordination shall                                                       
26 be evidence beyond a reasonable doubt; in this subparagraph,                                                            
27 "insubordination" means the wilful violation of a lawful order given by a                                               
28            lawful authority;                                                                                            
29 (C)  that when a member is convicted by a civil authority for an                                                        
30 act or omission that violates the conduct manual adopted by the commanding                                              
31 officer and local criminal law, foreign or domestic, the commanding officer                                             
01            may authorize additional discipline upon notice of conviction;                                               
02                      (D)  for due process and recognition of the individual rights and                                  
03            unique voluntary status of members of the Alaska State Defense Force;                                        
04 (2)  approve, by written order, all manuals and policies regarding                                                      
05 Alaska State Defense Force administration, discipline, operation, organization, and                                     
06 training; all manuals and policies under this subsection must be in writing, including                                  
07       policies for                                                                                                      
08                      (A)  the uniformity of arms and equipment, including caliber                                       
09            and types of arms, to enable the use of federal military small arms ammunition                               
10            in the event of a military emergency;                                                                        
11                      (B)  training requirements for the use of arms for militia duty;                                   
12 (C)  personal equipment requirements for state active duty                                                              
13            under AS 26.05.070 and additional missions;                                                                  
14 (3)  authorize the uniforms, insignias, devices, and badges to be worn                                                  
15       on Alaska State Defense Force uniforms;                                                                           
16 (4)  establish, by written order, units of the Alaska State Defense Force                                               
17       and specify, in writing, when a unit is deactivated;                                                              
18 (5)  approve a unique insignia and flag for each unit of the Alaska State                                               
19       Defense Force;                                                                                                    
20 (6)  promote morale and unit cohesion, authorize Alaska State Defense                                                   
21 Force awards and decorations to denote bravery, exceptional service, length of service,                                 
22 good conduct, achievement, leadership, attendance, contributions to the Alaska State                                    
23       Defense Force by members and nonmembers, and marksmanship;                                                        
24 (7)  prepare, in consultation with the commissioner of military and                                                     
25 veterans' affairs and the commissioner of public safety, and submit to the governor, an                                 
26 annual plan regarding the governor's ordering of the organized and unorganized militia                                  
27 into active state service under AS 26.05.070 and 26.05.110; the annual plan shall                                       
28       include a                                                                                                         
29 (A)  plan for ordering the unorganized militia into active state                                                        
30            service;                                                                                                     
31 (B)  description of how the unorganized militia will be                                                                 
01            organized into units of the Alaska State Defense Force;                                                      
02 (C)  description of the training, arms, ammunition, personal                                                            
03 gear, quarters, transport, logistics, and other assistance that the department                                          
04 would provide to meet the requirements of missions under AS 26.05.070 and                                               
05            additional missions ordered by the governor;                                                                 
06                 (8)  report monthly in writing to the governor and the commissioner of                                  
07       military and veterans' affairs the total number of active members available to be called                          
08       to state active duty under AS 26.05.070;                                                                          
09                 (9)  keep records of Alaska State Defense Force administrative policies,                                
10       procedures, and state service, and each member's service;                                                         
11 (10)  report annually to the governor and the legislature the time and                                                  
12 money members of the Alaska State Defense Force have contributed to the benefit of                                      
13 the state and account for any grants or contributions made to the Alaska State Defense                                  
14 Force in the previous calendar year; the commanding officer shall deliver the report to                                 
15 the senate secretary and the chief clerk of the house of representatives and shall notify                               
16       the legislature that the report is available.                                                                     
17    * Sec. 5. AS 26.05.110 is amended to read:                                                                         
18 Sec. 26.05.110. Governor may order unorganized militia into active                                                    
19 service. In the event of imminent invasion by a foreign power and for the same                                        
20 reasons set out [FORTH] in AS 26.05.070, if the governor has ordered into active                                    
21 service all of the available organized militia or if the Alaska National Guard or                                   
22 Alaska Naval Militia [ORGANIZED MILITIA] is in active federal service, the                                          
23 governor may order the unorganized militia or any portion of it considered necessary                                    
24 into active service in the Alaska State Defense Force, and have unorganized militia                             
25 members [THEM] perform military duty for the state subject to this chapter, as the                                  
26 circumstances require. Unorganized militia members ordered into active service in                                   
27 the Alaska State Defense Force under this section are not subject to the                                            
28       requirements for Alaska State Defense Force personnel under AS 26.05.030(d).                                  
29    * Sec. 6. AS 26.05.160 is amended by adding new subsections to read:                                               
30 (f)  The adjutant general shall support the use by the Alaska State Defense                                             
31 Force of state and federal military and law enforcement firearms training facilities                                    
01 open to use by the Alaska state troopers and the Alaska Army National Guard. The                                        
02 adjutant general shall assist the Alaska State Defense Force in acquiring any federal                                   
03 permission necessary for members of the Alaska State Defense Force to transport,                                        
04 possess, and use personal arms and ammunition owned by the member for training at a                                     
05       federal military facility.                                                                                        
06 (g)  The adjutant general shall support the creation of an Alaska State Defense                                         
07 Force identification card that is acceptable to federal authorities for each Alaska State                               
08 Defense Force member. The identification card under this subsection shall be used by                                    
09 a member for the purpose of accessing facilities under federal military jurisdiction                                    
10 when the member is called to state active duty training or Alaska State Defense Force                                   
11 business. An Alaska State Defense Force member shall return an identification card to                                   
12       the Alaska State Defense Force upon discharge.                                                                    
13            (h)  The adjutant general shall                                                                              
14 (1)  provide for the use by the Alaska State Defense Force of armories                                                  
15       available under AS 26.05.290;                                                                                     
16 (2)  assist the Alaska State Defense Force in securing suitable facilities                                              
17       when there are no armories available under AS 26.05.290;                                                          
18 (3)  support the use by the Alaska State Defense Force of available state                                               
19 agency vehicles for authorized training and to support state active duty mission                                        
20       requirements during an emergency;                                                                                 
21 (4)  support the participation of the Alaska State Defense Force in                                                     
22 applicable state and federal military, civil defense, and disaster response exercises;                                  
23 participation of Alaska State Defense Force members under this paragraph is paid                                        
24       state active duty;                                                                                                
25 (5)  provide transportation support for Alaska State Defense Force units                                                
26 and personnel, including transportation by the Alaska National Guard, during disaster                                   
27       response, military emergency, and state or federal training exercises;                                            
28 (6)  assist the Alaska State Defense Force commander in requesting                                                      
29 support from the Department of Public Safety to request air and communications                                          
30 support from the Civil Air Patrol during an emergency or state or federal training                                      
31       exercise in which the Department of Public Safety participates; and                                               
01                 (7)  support annual encampment and training for Alaska State Defense                                    
02       Force units under AS 26.05.280 and 26.05.290.                                                                     
03    * Sec. 7. AS 26.05.170 is amended to read:                                                                         
04 Sec. 26.05.170. Governor's command and instructions exercised through                                                 
05 the adjutant general. The governor's command of the Alaska National Guard and                                     
06 the Alaska Naval Militia is exercised through the adjutant general, who shall carry                                 
07 out the policies of the governor in military affairs. The adjutant general represents the                               
08 governor and shall act in conformity with the governor's instructions. The adjutant                                     
09       general shall exercise control over the military department of the state.                                         
10    * Sec. 8. AS 26.05.260(i) is amended to read:                                                                      
11 (i)  When active state service is authorized by the governor or by the adjutant                                         
12 general as the governor's designee under AS 26.05.070, members of the Alaska State                                  
13 Defense Force are entitled to receive, for each day of active service under                                             
14 AS 26.05.070, pay and allowances as provided in this subsection. During military                                    
15 court proceedings, a member of the Alaska State Defense Force who is either a                                       
16 member of a military court under AS 26.05.415 or the accused is entitled to                                         
17 receive pay and allowances as provided in this subsection. Pay is equal to that                                     
18 provided under AS 39.27.011(a) - (f) and 39.27.020 for equivalent assignments of                                        
19 state officials or employees, including adjustments under AS 39.27.025, if applicable.                                  
20 Allowances shall be paid to the same extent, in the same manner, and under the same                                     
21 conditions as provided for state officials and employees under AS 39.20.110 -                                           
22 39.20.170. However, pay or allowances are not authorized for training or community                                      
23       service activities of members of the Alaska State Defense Force.                                                  
24    * Sec. 9. AS 26.05.370 is amended to read:                                                                         
25 Sec. 26.05.370. Persons subject to military courts; jurisdiction. The code of                                         
26 military justice applies to a member of the militia at all times, except when a member                                  
27       of the                                                                                                            
28                 (1)  militia is                                                                                     
29 (A) [(1)]  in active federal service under 10 U.S.C. (Armed                                                         
30            Forces); or                                                                                                  
31                      (B) [(2)]  outside the state and not in active duty status;                                
01                 (2)  Alaska State Defense Force has not been called to state active                                 
02       duty under AS 26.05.070.                                                                                      
03    * Sec. 10. AS 26.05.415 is amended to read:                                                                        
04            Sec. 26.05.415. Courts-martial classified. Subject to (b) of this section, the                           
05       [THE] military courts for the militia of the state are                                                            
06                 (1)  a general court-martial, consisting of                                                             
07                      (A)  a military judge, not fewer than five members, and not                                        
08            fewer than one alternate member; or                                                                          
09                      (B)  only a military judge, if, before the court is assembled, the                                 
10 accused, knowing the identity of the military judge and after consultation with                                         
11 defense counsel, requests orally on the record or in writing a court composed                                           
12            of only a military judge and the military judge approves;                                                    
13                 (2)  a special court-martial, consisting of                                                             
14 (A)  a military judge, not fewer than three members, and not                                                            
15            fewer than one alternate member; or                                                                          
16 (B)  only a military judge, if one has been detailed to the court,                                                      
17 and the accused so requests under the conditions prescribed in (1)(B) of this                                           
18            section; and                                                                                                 
19                 (3)  a summary court-martial, consisting of one commissioned officer.                                   
20    * Sec. 11. AS 26.05.415 is amended by adding a new subsection to read:                                             
21 (b)  If the accused is a member of the Alaska State Defense Force, the                                                  
22 members and alternate members of the military court under (a) of this section must be                                   
23       officers of the Alaska State Defense Force.