Legislature(2017 - 2018)GRUENBERG 120
05/09/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB173 | |
| HB152 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 152 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 173 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
May 9, 2017
3:05 p.m.
MEMBERS PRESENT
Representative Jonathan Kreiss-Tomkins, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chris Tuck
Representative Adam Wool
Representative Chris Birch
Representative DeLena Johnson
Representative Gary Knopp
MEMBERS ABSENT
Representative Andy Josephson (alternate)
Representative Chuck Kopp (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 173
"An Act establishing the Alaska Climate Change Response
Commission; relating to the powers and duties of the Alaska
Climate Change Response Commission; establishing the climate
change response fund; and relating to the surcharge on oil
produced in the state."
- MOVED CSHB 173(STA) OUT OF COMMITTEE
HOUSE BILL NO. 152
"An Act relating to the organized militia; and relating to the
authority of the adjutant general."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 173
SHORT TITLE: CLIMATE CHANGE COMMISSION
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
03/10/17 (H) READ THE FIRST TIME - REFERRALS
03/10/17 (H) STA, RES, FIN
04/11/17 (H) STA AT 5:30 PM BARNES 124
04/11/17 (H) Heard & Held
04/11/17 (H) MINUTE(STA)
05/04/17 (H) STA AT 3:00 PM GRUENBERG 120
05/04/17 (H) Heard & Held
05/04/17 (H) MINUTE(STA)
05/09/17 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 152
SHORT TITLE: ORGANIZED MILITIA; AK ST. DEFENSE FORCE
SPONSOR(s): MILITARY & VETERANS' AFFAIRS
03/06/17 (H) READ THE FIRST TIME - REFERRALS
03/06/17 (H) MLV, STA
03/14/17 (H) MLV AT 1:00 PM GRUENBERG 120
03/14/17 (H) -- MEETING CANCELED --
03/23/17 (H) MLV AT 1:00 PM GRUENBERG 120
03/23/17 (H) Heard & Held
03/23/17 (H) MINUTE(MLV)
03/30/17 (H) MLV AT 1:00 PM GRUENBERG 120
03/30/17 (H) Heard & Held
03/30/17 (H) MINUTE(MLV)
04/04/17 (H) MLV AT 1:00 PM GRUENBERG 120
04/04/17 (H) Moved CSHB 152(MLV) Out of Committee
04/04/17 (H) MINUTE(MLV)
04/05/17 (H) MLV RPT CS(MLV) 3DP 2DNP 1NR
04/05/17 (H) DP: SPOHNHOLZ, PARISH, TUCK
04/05/17 (H) DNP: REINBOLD, SADDLER
04/05/17 (H) NR: LEDOUX
05/09/17 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on HB 173, as prime sponsor.
BOB DOEHL, Deputy Commissioner
Department of Military & Veterans Affairs (DMVA)
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Testified in support of CSHB 152(MLV).
JOHN JAMES, Colonel, Commander
Alaska State Defense Force (ASDF)
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Testified in support of CSHB 152(MLV).
CHRISTOPHER WEAVER, Lieutenant Colonel, Judge Advocate
Alaska National Guard Joint Staff
Joint Base Elmendorf-Richardson (JBER), Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSHB 152.
KENDRA KLOSTER, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSHB 152(MLV) on behalf of Representative Tuck, prime sponsor.
ACTION NARRATIVE
3:05:56 PM
CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:05 p.m. Representatives
Birch, Wool, Tuck, Johnson, Knopp, LeDoux, and Kreiss-Tomkins
were present at the call to order.
HB 173-CLIMATE CHANGE COMMISSION
3:07:06 PM
CHAIR KREISS-TOMKINS announced that the first order of business
would be HOUSE BILL NO. 173, "An Act establishing the Alaska
Climate Change Response Commission; relating to the powers and
duties of the Alaska Climate Change Response Commission;
establishing the climate change response fund; and relating to
the surcharge on oil produced in the state." [Before the
committee, adopted as a work draft on 5/4/17, was the committee
substitute (CS) for HB 173, Version 30-LS0163\R, Bruce, 5/1/17,
referred to as "Version R."]
3:07:24 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor of HB 173, relayed that the proposed legislation
would recreate a climate change commission, which was previously
created by administrative order in 2007. He said that under
Version R, the robust funding source was removed.
3:07:55 PM
REPRESENTATIVE WOOL asked if Representative Josephson is
concerned about the proposed legislation's effectiveness given
it now lacks the "per barrel" fee.
REPRESENTATIVE JOSEPHSON answered that he is concerned, but the
current version represents what is politically possible. He
added that the appointees on the commission will be dedicated
men and women who are interested in serving the state on the
issue without the use of those resources. He further stated
that he is hopeful that the state will obtain grants for
mitigation efforts, and the commission will provide a pathway to
make a real difference.
REPRESENTATIVE WOOL relayed that Hajo Eicken [Director,
International Arctic Research Center (IARC)], who testified
during the House State Affairs Standing Committee meeting of
4/11/17, expressed his concern for the effectiveness of HB 173
without the funding.
3:09:59 PM
REPRESENTATIVE LEDOUX moved to report the CS for HB 173, Version
30-LS0163\R, Bruce, 5/1/17, out of committee with individual
recommendations and the forthcoming fiscal notes.
3:10:16 PM
REPRESENTATIVE JOHNSON objected.
CHAIR KREISS-TOMKINS asked Representative Johnson to speak to
her objection.
REPRESENTATIVE JOHNSON stated that with a nine-member
commission, the Municipality of Anchorage (MOA) and the
Matanuska-Susitna (Mat-Su) Borough would not be well represented
with only one member.
3:10:55 PM
A roll call vote was taken. Representatives Tuck, Wool, LeDoux,
and Kreiss-Tomkins voted in favor of reporting HB 173, as
amended, out of committee. Representatives Birch, Johnson, and
Knopp voted against it. Therefore, CSHB 173(STA) was reported
from the House State Affairs Standing Committee by a vote of 4-
3.
HB 152-ORGANIZED MILITIA; AK ST. DEFENSE FORCE
3:11:36 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be CS FOR HOUSE BILL NO. 152(MLV), "An Act relating to the
organized militia; and relating to the authority of the adjutant
general."
3:12:15 PM
REPRESENTATIVE TUCK, as prime sponsor of CSHB 152(MLV), relayed
that the proposed legislation would continue the effort to make
improvements to Title 26, as it relates to the Alaska organized
militia. He referred to House Bill 126 [introduced during the
Twenty-Ninth Alaska State Legislature, 2015-2016, and signed
into law 11/07/16], which restructured the Alaska Code of
Military Justice (ACMJ) and said that during that process other
needed improvements were identified; the proposed legislation
represents one of the identified improvements. He stated that
the intent of CSHB 152(MLV) is to modernize Alaska's organized
militia, which is comprised of four components: the Alaska Army
National Guard (AK ARNG); the Alaska Air National Guard (AK
ANG); the Alaska State Defense Force (ASDF); and the Alaska
Naval Militia (AKNM). He said that together they constitute an
efficient military force able to respond quickly to the needs of
Alaskans.
REPRESENTATIVE TUCK explained that there are several key
components to CSHB 152(MLV). One component clarifies that the
Alaska adjutant general (TAG) has command and control of the
organized militia under the direction of the governor as
commander-in-chief. Although the TAG already possesses
statutory control of the organized militia, the proposed
legislation would clarify that the TAG has command as well. He
maintained that command and control are important functions in
any military organization; commanders set and are responsible
for priorities, goals, and missions, while people in control
have the authority to direct people to accomplish those
missions. It is logical but not explicitly written in statute
that the TAG has control and command of the organized militia;
CSHB 152(MLV) would put it into statute.
REPRESENTATIVE TUCK relayed that the proposed legislation also
would enhance the organized militia response capability.
Existing law authorizes only the governor to order the organized
militia into active state service; under CSHB 152(MLV) the
governor may delegate to the adjutant general the authority to
call forth the organized militia in case of a wildland fire. He
said that CSHB 152(MLV) would expand the authority for the TAG
to order the organized militia into active service for other
circumstances - earthquakes, flooding, or any other emergency -
to save lives, prevent human suffering, or mitigate great
property damage in the state.
REPRESENTATIVE TUCK related that the provisions under CSHB
152(MLV) would only be used if the governor is unreachable and
time is of the essence to save Alaska lives. He gave an
example: if Alaska experiences an earthquake like the Good
Friday earthquake and the governor is unavailable - the governor
is not in communication range, communication has been
interrupted due to the earthquake, or the governor is seriously
injured or killed - the TAG would be permitted to take command
and control. Currently state statutes do not allow anyone other
than the governor to call the organized militia to duty;
therefore, in this example, a new governor would need to be
sworn in, losing precious time in which the national guard could
be saving lives.
REPRESENTATIVE TUCK relayed that CSHB 152(MLV) would ensure that
the adjutant general can adopt regulations as needed and
implement them with the approval of the governor. This would
help to address regulatory deficiencies and correct outdated
policies.
REPRESENTATIVE TUCK stated that tuition assistance programs for
all four components of the organized militia would be expanded,
and ASDF and AKNM would be added to the authorization for
payment of tuition fees. He explained that currently the
adjutant general may authorize payment for the Alaska National
Guard. He stated that as the Department of Military & Veterans'
Affairs (DMVA) works to ensure a strong ASDF, this proposal
offers another tool to assist those who volunteer to protect
Alaskans. He noted that the expansion of tuition assistance
requires no fiscal note, because it is only available when funds
are appropriated for the use of tuition assistance from the
federal government; and the program has not been funded for the
past couple of years.
3:16:25 PM
REPRESENTATIVE JOHNSON asked what prompted the proposed
legislation.
REPRESENTATIVE TUCK responded that the impetus for CSHB 152(MLV)
originated with DMVA. The intent of the proposed legislation is
to modernize all the Title 26 statutes; make improvements to
better handle future situations; and clarify authority and
command for the adjutant general.
REPRESENTATIVE JOHNSON asked if the adjutant general's duties
would be modified to reflect the additional responsibilities
under CSHB 152(MLV).
REPRESENTATIVE TUCK answered, "It's a chain of command." He
gave the example in which the captain is hit on a battle field
and the next person in the line of duty takes charge until the
captain returns. He offered that the proposed legislation
clarifies that if the governor is unavailable for any reason,
the next person in the chain of command may assume the
governor's responsibilities until the governor is able to resume
command.
REPRESENTATIVE JOHNSON asked if CSHB 152(MLV) changes the chain
of command or just clarifies it. She asked if the proposed
legislation only applies to the adjutant general's calling forth
the militia, and not the Alaska National Guard.
3:19:47 PM
BOB DOEHL, Deputy Commissioner, Alaska Department of Military &
Veterans Affairs (DMVA), relayed that DMVA supports CSHB
152(MLV); it would provide an updated, relevant, and viable
legal nexus for [Major General Laurie Hummel,
Commissioner/Adjutant General, DMVA] to carry out her existing
duties. It does not grow those duties but allows her and the
governor to do their duties more effectively. He explained that
it does this in several ways: first it establishes that as the
adjutant general has control over the Alaska organized militia,
she also has command. It is vital that she have the
responsibility and the authority to carry out the duties that
are envisioned in Title 26 and going forward.
MR. DOEHL, in response to the question about what is driving the
proposed legislation, referred to the limited authority of the
adjutant general to place members of the organized militia into
state active duty. This limitation was highlighted by a request
for forces in a search and rescue (SAR); there was a delay in
being able to reach the governor; the delay was not material in
this case; however, when minutes matter, it is important to be
able to quickly and efficiently allow the militia to go forth
and do what they have volunteered to do at the appropriate time.
Waiting for the succession of command - for the lieutenant
governor to be sworn in after a mass disaster - could result in
unnecessary pain, suffering, and loss of life of Alaskans. When
the militia is needed immediately, and there is no guarantee
that the governor can be reached immediately, it is necessary to
have a mechanism in place to address that situation until
reestablishing communication.
MR. DOEHL relayed that in looking at the Title 26 as it now
exists, there are areas that result in excessive administrative
burden on the governor's office and the adjutant general's
office for sending information to the governor. An example of
this is a retirement application. As Title 26 currently is
written, the adjutant general cannot approve a request for
retirement; it must go to the governor for approval. By
comparison, in the federal government, the service level
secretary may approve a retirement; every retirement request
does not need to go to the President of the U.S. for approval.
MR. DOEHL said that provisions of CSHB 152(MLV) would codify the
regulation authority of the adjutant general for internal
matters within the Alaska organized militia to make sure the
force is effective, relevant, and capable of doing what it needs
to do. It would codify the role of ASDF and assistant adjutant
generals. He added that, in short, it would bring Title 26 a
half century forward.
3:23:41 PM
JOHN JAMES, Colonel, Commander, Alaska State Defense Force
(ASDF), testified that the proposed legislation would reduce
response times during emergencies while maintaining reporting
responsibilities of the adjutant general to the governor. It
clarifies the adjutant general's responsibilities for
regulations relating to commission, enlistment and
administration, equipment and maintenance, and discipline and
training for the Alaska organized militia, which includes ASDF.
The commander-in-chief of ASDF is the governor of Alaska; ASDF
serves when called to active state service; it is a service paid
for by the state; and ASDF members are trained and equipped by
the state. The proposed legislation would increase the
professionalism and strengths of ASDF by recognizing a far
superior and (indisc.) correct military manner, and in doing so
it would strengthen the entire Alaska organized militia and
increase the security of the State of Alaska.
3:25:19 PM
REPRESENTATIVE BIRCH relayed that he received a letter from
[Lawrence] Wood, included in the committee packet, relating
concerns with the proposed legislation. He reminded the
committee of the time in the early 80s when former President of
the U.S. Ronald Reagan was shot; then Secretary of State
Alexander Haig said, "Well, I'm in charge." He relayed that
anyone with a rudimentary understanding of the U.S. Constitution
knew that Mr. Haig was not in charge. When the President of the
U.S. is incapacitated, authority goes to the Vice President of
the U.S. Representative Birch stated that he is troubled with
the adjutant general having independent authority when civilian
authority is unavailable. He asked, "What's so urgent that ...
we can't get a call from our civilian authority to have that ...
authorization received." He stated that he understands the
intent to streamline services but wants to know for what reason
Alaska would want its governor's authority circumvented.
3:27:03 PM
REPRESENTATIVE TUCK replied that from the adjutant general on
down, there is a hierarchy of authority. The proposed
legislation is not intended to negate the position of the
lieutenant governor, but to provide for a quick response - "when
a soldier's down or the ranking officer is down" the next in
line is "heading in." He maintained that CSHB 152(MLV) would
create a direct link to the adjutant general so that there is no
question at the time a quick response is needed.
3:27:53 PM
MR. DOEHL responded by saying that Mr. Wood's interpretation of
the proposed legislation is inconsistent with the language in
CSHB 152(MLV). He stated that there would be no granting of
blanket authority to the adjutant general; he/she must act
within the intent expressed by the governor before the
disruptive event. Mr. Doehl explained that this would not allow
someone to say, "I am in charge" and impose martial law; the
language specifically exempts the Alaska National Guard or the
ASDF from being used for security or law enforcement. He said
that when minutes matter, such as during an earthquake like
Alaska's Good Friday earthquake, it would allow immediate
deployment of militia members to assist with the extraction of
victims from debris piles. He maintained that minutes matter in
an earthquake or other mass disaster, and the proposed
legislation would allow the militia to provide first aid
services and first responder services immediately. He
reiterated that it would not be a blanket waiver for all sorts
of ASDF or national guard action; it would be effective only
until the adjutant reestablishes communication with the governor
or his/her successor to confirm an ongoing intent. He
emphasized, "Where minutes matter, this allows us to save
lives."
REPRESENTATIVE TUCK referred to Section 3(b) of CSHB 152(MLV),
[page 3, lines 3-9], and pointed out that the duties of the
adjutant general would be limited to wildland fires,
earthquakes, flooding, or other natural catastrophes; it would
not involve calling forth the organized militia in anything
other than these types of catastrophes; and the intent is to
save lives, prevent human suffering, or mitigate great property
damage. He referred to Section 3(c) of CSHB 152(MLV), [page 3,
lines 10-13], which read, "Notwithstanding (b) of this section,
the adjutant general may not order any part of the militia into
active state service for actions that would subject civilians to
the use of military power that is regulatory, prescriptive,
proscriptive, or compulsory, unless approved by the governor
before giving the order." He reiterated that the circumstances
for response [by the adjutant general] would be limited.
3:30:24 PM
REPRESENTATIVE BIRCH replied, "The devil's in the details." He
relayed that he doesn't dispute the good intentions of the
proposed legislation but suggested that someday it might be
interpreted with more latitude. He expressed concerns with
allowing the authority for response without authorization from
the governor, who is ultimately responsible and accountable.
REPRESENTATIVE TUCK offered that currently the adjutant general
does have that authority for wildland fires; the proposed
legislation would expand it to earthquakes, flooding, and other
natural catastrophes. He maintained that if it is appropriate
for the adjutant general to act for wildfires, it should be
appropriate for earthquakes and other catastrophes. He said
that CSHB 152(MLV) would clarify archaic language in Title 26
and modernize it.
3:32:09 PM
REPRESENTATIVE JOHNSON cited page 1, line 12, to page 2, line 1,
of CSHB 152(MLV), which read, "The adjutant general shall adopt
regulations that provide for the organization, administration,
and equipment of the organized militia that are not contrary to
federal law or regulations". She opined that those
responsibilities belong to the governor and the executive
office, and she is not comfortable with delegating them in
statute to the adjutant general. She maintained that she is not
comfortable with making DMVA less transparent, considering all
that has happened within the department.
3:33:16 PM
REPRESENTATIVE TUCK expressed his appreciation for
Representative Johnson's concerns. He maintained that those
involved with restructuring the ACMJ had those same concerns -
giving the adjutant general authority to adopt regulations for
the organized militia and not having those regulations subject
to the administrative regulation review. He stated that
currently all departments can adopt regulations; the proposed
legislation clarifies that DMVA may create emergency measures
and protocols. He maintained that CSHB 152(MLV) would have no
effect on misuse of authority.
3:34:28 PM
CHRISTOPHER WEAVER, Lieutenant Colonel, Judge Advocate, Alaska
National Guard Joint Staff, clarified that the provision
allowing the adjutant general to exercise the authority of the
governor is currently in AS 26.05.170. Under the proposed
legislation, that provision would be moved to AS 26.05.060 so
that the authorities are all in one section of statute. He
addressed the question about regulations, as follows: military
regulations are not regulations that affect the public but only
the soldiers; they represent internal procedures, which in the
military, are referred to as "regulations."
3:35:43 PM
REPRESENTATIVE KNOPP asked how many members are in the ASDF.
3:36:16 PM
COLONEL JAMES answered that there are 80 members.
REPRESENTATIVE KNOPP referred to Section 5 of CSHB 152(MLV),
[page 4, lines 14-16], which addresses benefits for ASDF members
who suffer injury, disability, or death while in the line of
duty. He mentioned that there is another proposed legislation,
[CSHB 126(MLV)], that addresses Workers' compensation benefits
for militia members, and he questioned why this one does as
well. He asked if the benefits mentioned in CSHB 152(MLV) are
for a different group of people than those who would receive
benefits under [CSHB 126(MLV)].
3:37:26 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, relayed that CSHB 152(MLV) is one of three bills,
[HB 126, HB 150, and HB 152], introduced [during the Thirtieth
Alaska State Legislature, 2017-2018] addressing the Alaska
organized militia; therefore, the language that Representative
Knopp referenced is conforming language to ensure that the three
bills are consistent with each other.
3:37:59 PM
REPRESENTATIVE KNOPP stated that he recollects a different
number of militia members mentioned in the [House Labor and
Commerce Standing Committee meeting of 3/29/17] during the
hearings on [CSHB 126(MLV)]. He asked if the proposed
legislation addresses a different membership.
MS. KLOSTER answered that it is the same group of individuals
under both pieces of proposed legislation; they are the members
of ASDF. She stated that at the time of the hearing on CSHB
126(MLV), there were 76 members in the ASDF, and now there are
80.
REPRESENTATIVE KNOPP asked if the language he cited is
necessary, since it is in [CSHB 126(MLV)].
MS. KLOSTER responded that the language is "cleanup" language
that carries over from CSHB 126(MLV); there are other parts in
Section 5 that are being cleaned up; and to streamline the
statutes, parts of the statutes are being moved around.
3:39:19 PM
REPRESENTATIVE TUCK stated that another example of the cleanup
is evidenced by the removal of language from AS 26.05.190(a),
shown in Section 6 of CSHB 152(MLV), [page 4, lines 18-22], and
the insertion of that language into AS 26.05.060, which is shown
in Section 1 of CSHB 152(MLV), [page 1, line 12 to page 2, line
1]. The revisions do not represent any change in duties, only
an improvement in the organization of Title 26 for easier
reading.
3:39:40 PM
REPRESENTATIVE LEDOUX asked if the language in CSHB 152(MLV)
referred to by Representative Knopp, [page 4, lines 14-16],
would be necessary if [CSHB 126] passed.
REPRESENTATIVE TUCK said that he would check to see if that
language was included in [CSHB 126(MLV)]; he maintained that it
was challenging to split all the proposed changes to Title 26
into three pieces of legislation.
3:40:32 PM
CHAIR KREISS-TOMKINS asked for the status of the other two
bills.
MS. KLOSTER reported that the progress of the Title 26 reform
bills are as follows: HB 150 just moved out of the House
Finance Committee; CSHB 126(MLV) has just passed from the House
to the Senate; all three bills are moving simultaneously. She
maintained that the language referenced by Representative Knopp,
[page 4, lines 14-16], should remain in CSHB 152(MLV) to conform
with the other changes made to the statutes.
3:41:40 PM
REPRESENTATIVE WOOL referred to Mr. Doehl's testimony regarding
the adjutant general calling for SAR while the governor was not
available; he asked if a direct order from the governor is
needed for a SAR response.
LIEUTENANT COLONEL WEAVER answered that the authority under
Section 3(b), [page 3, lines 3-9], is referred to as an
"immediate response authority." The Alaska National Guard
operates under Title 32 [of the U.S. Code] and has immediate
response authority; it can launch at the request of civil
authority to perform a rescue to save lives, prevent human
suffering, or mitigate great property loss. The proposed
legislation would codify that from a state active duty
perspective. He responded that the governor does not need to
give a direct order when time is of the essence; however, the
proposed legislation does require the Alaska National Guard to
seek approval from the governor if time allows and to continue
to seek approval as necessary.
REPRESENTATIVE WOOL referred to Colonel James's reference to
reducing the reporting time from the adjutant general to the
governor. He offered that the governor could be reached easily
barring some dire circumstance making him/her unavailable. He
asked if not being able to reach the governor is an issue.
3:45:04 PM
REPRESENTATIVE TUCK stated that the full authority does come
from the governor. He referred to Section 3(d) of CSHB
152(MLV), [page 3, lines 14-15], which read, "The adjutant
general shall make reasonable and continuous efforts to contact
the governor for approval of any orders issued under this
section." He referred to Section 3(e) of CSHB 152(MLV), [page
3, lines 16-20], which read, "If the adjutant general exercises
the authority under (b) of this section, but does not receive
the governor's approval under (d) if this section, the adjutant
general shall reassess whether there remains a continued need
for an organized militia response as soon as practicable, but
not later than 72 hours after the order under (b) of this
section was given." He maintained that this subsection provides
for additional checks and balances.
3:46:10 PM
MR. DOEHL relayed that in Alaska, individuals are not always
just "a phone call away"; there are dead zones in parts of
Alaska; and it can be especially challenging to reach someone in
a village. The governor is expected to travel statewide; there
are lapses in the ability to reach the governor; and when
minutes count, the national guard would like the authority to
act without delay.
REPRESENTATIVE WOOL asked for confirmation that the provisions
under the proposed legislation - ensuring that the command and
control structure is intact - are in response to natural
disasters, not military actions or threats to security. He
asked if there are any constitutional issues regarding the
proposed legislation.
REPRESENTATIVE TUCK replied that Legislative Legal and Research
Services has not mentioned any constitutional issues. He
referred to Representative Wool's reference to protecting
security and said that there may be a need to secure people -
evacuate them or move them into shelters.
REPRESENTATIVE WOOL asked if ASDF has been called in an
emergency.
3:48:40 PM
COLONEL JAMES replied that ASDF has been called several times in
the last decade, including for the Sockeye Fire and the Miller's
Reach Fire.
3:48:59 PM
REPRESENTATIVE BIRCH asked if ASDF has any experience with
satellite phones. He said he understood them to be useful for
remote and immediate communication.
COLONEL JAMES responded that ASDF has about five different
technologies for accessing satellites for communication -
satellite phone ("satphone"), Iridium GO!®, Broadband Global
Area Network (BGAN), WildBlue, and HughesNet®.
REPRESENTATIVE BIRCH asked if one could be shared with the
governor's office.
COLONEL James replied that he would be happy to do that.
REPRESENTATIVE BIRCH offered that there is no good excuse for
not being able to be in communication with the governor at
almost any time.
COLONEL JAMES reiterated that there are dead spots throughout
the state; ASDF must perform testing; there have been periods of
time, although extremely rare, when communication was difficult.
He mentioned that there have been great strides [in
communication]; ASDF is trying to mitigate risks both to
Alaskans and to the state.
3:50:36 PM
CHAIR KREISS-TOMKINS relayed that he has used satphones several
times and reported that they are great but not always reliable.
3:50:45 PM
REPRESENTATIVE LEDOUX asked if the governor, at least through
his security detail, has a satphone when he travels.
MR. DOEHL responded yes, but given the terrain in Alaska, it may
not always work immediately.
3:51:14 PM
REPRESENTATIVE KNOPP referred to the list of events for which
the governor may order the organized militia into active state
service in Section 2 of CSHB 152 (MLV), [page 2, lines 10-16].
He asked if the volunteers of the militia are subject to the
same disciplinary action as enlisted personnel and if they are
fully aware of that upon enlisting.
3:52:05 PM
LIEUTENANT COLONEL WEAVER stated that the revised ACMJ under
House Bill 126, which passed during the Twenty-Ninth Alaska
State Legislature, 2015-2016, applies to all members of the
organized militia - Alaska National Guard, ASDF, and AKNM -
whether under Title 32 of the U.S. Code or active state duty
under AS 26.05.
3:52:35 PM
REPRESENTATIVE JOHNSON expressed her concern with resorting to a
"military control" in the event of not being able to contact the
governor. She stated her belief that the powers belong in the
governor's office with the lieutenant governor, not the adjutant
general, and the proposed legislation addresses more than just
wildfires.
LIEUTENANT COLONEL WEAVER responded that the authority under the
proposed legislation is referred to as "immediate response
authority"; national guards throughout the 50 states and 4
territories each have some form of immediate response authority
usually through a Department of Defense (DoD) directive for
Title 32 purposes and through state law as well. The proposed
legislation applies to quick response to any kind of emergency
when civilian authority - Alaska State Troopers (AST), Anchorage
Police Department (APD), or similar entities - asks for the
assistance of ASDF; ASDF would be able to respond and inform the
governor at the same time. He maintained that it is like a
police officer not calling the police chief for authority but
responding to an emergency to save lives, prevent human
suffering, or mitigate great property damage. In the same way
an emergency medical technician (EMT) is not going to call his
supervisor before acting. Lieutenant Colonel Weaver said that
with the military capabilities that Alaska has - helicopters,
High Mobility Multipurpose Wheeled Vehicle ("Humvee"), specially
developed fire trucks, and fire suppressants - the militia can
assist the civilian authority in responding to an emergency.
3:55:06 PM
REPRESENTATIVE TUCK asserted that the intent of the proposed
legislation is to address those very rare instances in which
there is a catastrophe - wildfires and flooding; action needs to
be taken to save lives, prevent human suffering, or mitigate
great property damage; the governor is not available, is
incapacitated, or cannot be reached; and reasonable and
continuous efforts have been made to make contact.
3:55:59 PM
REPRESENTATIVE WOOL referred to Section 2, [page 2, line 10],
which read, "In the event of war, disaster, insurrection,
rebellion" and pointed out that the proposed legislation
addresses events beyond natural catastrophe. He relayed his
understanding that after [the terrorist attacks of September 11,
2001], the ASDF was assigned to guard the Hurricane Gulch
Bridge. He expressed his concern that the adjutant general
would have the authority to act similarly if something like that
happened again.
3:57:08 PM
MR. DOEHL answered that after [the terrorist attacks of
September 11, 2001], ASDF was ordered to perform the mission of
securing the bridge by former Governor [Tony] Knowles. He
stated that the proposed legislation would exempt the adjutant
general from law enforcement or "securing-type" missions. He
said that Governor [Bill] Walker recognized that concern when
reviewing the proposed legislation; the governor stated that if
the Alaska organized militia is used to regulate the actions of
Alaskans, it would be a decision made only by the governor and
would not be delegable.
REPRESENTATIVE TUCK pointed out that the language in Section 2,
[page 2, line 10], is existing language, and under CSHB
152(MLV), "Governor may order" is removed from the section
title. He referred to Section 2 [page 2, lines 14-19], which
read, "in the case of imminent danger of the occurrence of any
of these events; or whenever responsible civil authorities fail
to preserve law and order, or protect life and property, or the
governor believes that failure is imminent, the governor may
order the organized militia or any part of it, into active state
service to execute the laws and to perform duties in connection
with them that the governor considers proper." He also referred
to Section 3, subsections (f), (g), and (h), of CSHB 152(MLV),
[page 3, lines 2-27], presenting instances in which the militia
may not be used. He maintained that the proposed legislation
offers strong boundaries for authority.
3:59:02 PM
REPRESENTATIVE LEDOUX mentioned that after [the terrorist
attacks of September 11, 2001], the person in charge of the
[Pacific Spaceport Complex - Alaska (PSCA)] on Kodiak Island
announced, without consulting authorities, that the road between
Kodiak and the rocket launch site was closed. She suggested
that sometimes unusual occurrences can bring out unusual and
extra-legal responses. She offered that it is better for there
to be legal authority for these truly unusual circumstances,
then to have someone simply take over and assume the authority.
4:00:31 PM
CHAIR KREISS-TOMKINS announced that CSHB 152(MLV) would be held
over.
4:01:00 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 4:01
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB152 Sponsor Statement 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 ver U.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Sectional Analysis 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Memo of Changes 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Fiscal Note DMVA 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Supporting Document-DMVA Letter of Support 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Additional Documents-DMVA Letter and bill info 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB152 Opposing Document-Letter Lawrence Wood 4.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 152 |
| HB 173 Sponsor Statement 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 HSTA CS ver R 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Summary of Changes ver U to CS HSTA ver R 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Fiscal Note DOR 4.7.17.pdf |
HRES 5/17/2017 1:00:00 PM HSTA 4/11/2017 5:30:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Fiscal Note GOV 4.10.17.pdf |
HRES 5/17/2017 1:00:00 PM HSTA 4/11/2017 5:30:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Additional Document - Article ADN 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Additional Document - Overview EPA 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Additional Document - Paper PNAS 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Additional Document - Report CPI 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Additional Document - Chapter NCA 5.3.17.pdf |
HSTA 5/4/2017 3:00:00 PM HSTA 5/9/2017 3:00:00 PM |
HB 173 |
| HB 173 Supporting Document - Letter AKCLEAN 5.12.17.pdf |
HSTA 5/9/2017 3:00:00 PM |
HB 173 |