00 HOUSE BILL NO. 279 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 to read: 09 Sec. 26.05.070. Orders for [GOVERNOR MAY ORDER] organized  10 militia into active state service. In the event of war, disaster, insurrection, rebellion, 11 tumult, catastrophe, wildland fire, invasion, or riot; or if a mob or body of men act 12 together by force with intent to commit a felony or to offer violence to persons or 13 property, or by force and violence to break and resist the laws of the state, or the 14 United States; or in the case of imminent danger of the occurrence of any of these 15 events; or whenever responsible civil authorities fail to preserve law and order, or 16 protect life and property, or the governor believes that failure is imminent, the 17 governor may order the organized militia or any part of it, into active state service to 18 execute the laws and to perform duties in connection with them that the governor 19 considers proper. Whenever any portion of the militia is ordered into active state 20 service by the governor, it becomes an additional police force, retaining its separate 21 entity and operating at all times as a military organization under military command, 22 with power to cooperate with but not to supersede the existing civilian law 23 enforcement officers whenever possible, for the re-establishment of law and order and 24 for the protection of life and property. The governor may also order members of the 25 organized militia to active state service, with their consent, for the purpose of training 26 or for full-time duty with the office of the adjutant general. [IN THE EVENT OF 27 WILDLAND FIRE, THE GOVERNOR MAY DELEGATE TO THE ADJUTANT 28 GENERAL THE GOVERNOR'S AUTHORITY UNDER THIS SECTION TO 29 ORDER SOME OR ALL OF THE ORGANIZED MILITIA INTO ACTIVE STATE 30 SERVICE TO FIGHT WILDLAND FIRE. IN THIS SECTION, "WILDLAND FIRE" 31 INCLUDES THE UNCONTROLLED BURNING OF GRASS, BRUSH, TIMBER, 01 AND OTHER VEGETATIVE MATERIAL.] 02  * Sec. 3. AS 26.05.070 is amended by adding new subsections to read: 03 (b) In the event of wildland fire, earthquake, flooding, or other natural 04 catastrophe, or under imminently serious conditions where time or circumstance does 05 not permit approval from the governor, the adjutant general may provide an immediate 06 response by temporarily ordering members of the organized militia into active state 07 service or otherwise employing the resources under its control, subject to any 08 supplemental direction by the governor, to save lives, prevent human suffering, or 09 mitigate great property damage in the state. 10 (c) The adjutant general shall make reasonable and continuous efforts to 11 contact the governor for approval of any orders issued under this section. 12 (d) If the adjutant general exercises the authority under (b) of this section, but 13 does not receive the governor's approval under (c) of this section, the adjutant general 14 shall reassess whether there remains a continued need for an organized militia 15 response as soon as practicable, but not later than 72 hours after the order under (b) of 16 this section was given. 17 (e) The adjutant general may order members of the organized militia to active 18 state service, with their consent, for full-time duty with the office of the adjutant 19 general. 20 (f) In this section, "wildland fire" includes the uncontrolled burning of grass, 21 brush, timber, and other vegetative material. 22  * Sec. 4. AS 26.05.080 is amended to read: 23 Sec. 26.05.080. Decision of governor final. Whenever any portion of the 24 militia is ordered to duty by the governor, the decision of the governor in this matter is 25 final. Whenever any portion of the militia is ordered to duty by the adjutant  26 general, the decision is subject to review by the governor.  27  * Sec. 5. AS 26.05.660 is amended to read: 28 Sec. 26.05.660. Delegation by the governor. The governor may delegate any 29 authority vested in the governor under the code of military justice, and provide for the 30 subdelegation of the authority, except the powers given to the governor by 31 AS 26.05.450 [AS 26.05.170 AND 26.05.450]. 01  * Sec. 6. AS 26.05.170, 26.05.260(m)(2), and 26.05.340(d) are repealed.