00                            HOUSE BILL NO. 373                                                                          
01 "An Act relating to the organized and unorganized militia; and relating to deploying the                                
02 militia of the state into active service in a combat zone."                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       SHORT TITLE. This Act may be known as the Defend the Guard Act.                                                   
07    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       LEGISLATIVE FINDINGS. The Alaska State Legislature finds that art. 1, sec. 8, of                                
10 the Constitution of the United States vests in the United States Congress the exclusive power                           
11 to declare war and to provide for calling forth the militia to execute the laws of the nation,                          
12 suppress insurrections, and repel invasions.                                                                            
13    * Sec. 3. AS 26.05.030 is amended by adding a new subsection to read:                                              
14            (f)  A person may not simultaneously serve in the Alaska National Guard and                                  

01       the Alaska State Defense Force.                                                                                   
02    * Sec. 4. AS 26.05.070 is amended by adding a new subsection to read:                                              
03 (b)  Without authorization by the United States Congress declaring war or                                               
04 calling forth the militia under Article 1, Section 8, Constitution of the United States,                                
05 the governor, the federal government, or a member of the organized militia may not                                      
06 order the militia, or any member of the militia, into active service to a combat zone                                   
07 outside the state or to perform a duty for the purpose of supporting an armed conflict                                  
08 outside of the United States, no matter where that duty is performed. In this                                           
09       subsection,                                                                                                       
10                 (1)  "militia" means the organized and unorganized militia;                                             
11                 (2)  "outside of the United States" means a location outside the                                        
12       geographic boundaries of the United States, the Commonwealth of Puerto Rico, the                                  
13       United States Virgin Islands, or a territory or insular possession.                                               
14    * Sec. 5. AS 26.05.080 is amended to read:                                                                         
15            Sec. 26.05.080. Decision of governor final. Except for an order in violation                             
16       of AS 26.05.070(b), whenever [WHENEVER] any portion of the militia is ordered to                              
17       duty by the governor, the decision of the governor in this matter is final.