Legislature(2017 - 2018)GRUENBERG 120
01/23/2018 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB152 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 152 | TELECONFERENCED | |
HB 152-ORGANIZED MILITIA; AK ST. DEFENSE FORCE
3:04:16 PM
CHAIR KREISS-TOMKINS announced that the only 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."
3:05:16 PM
REPRESENTATIVE TUCK, as prime sponsor of CSHB 152(MLV,
paraphrased from the sponsor statement, which read as follows
[original punctuation provided]:
House Bill 152 would continue to modernize the
military and veteran statutory authorities to ensure
that the Alaska National Guard operates as a modern,
efficient military force able to quickly respond to
Alaska's citizens. This proposal updates the 1955
Alaska Military Code by providing statutory
authorities that will bring Alaska's organized militia
into the 21st Century and on par with other state
National Guards.
House Bill 152 would clarify the Adjutant General has
control and command of the organized militia.
Currently, the Alaska Military Code grants the
Adjutant General the authority to control the
organized militia but does not lay responsibility of
command at this positon [sic]. Military command
authority carries two functions; the legal authority
over individuals which will provide the Adjutant
General the ability to hire employees and carry out
disciplinary actions; and the legal responsibility to
carry out missions.
This proposal will also clarify that the Adjutant
General is authorized to adopt regulations that are
consistent with federal active duty regulations, state
law, and the Governor's intent.
House Bill 152 would authorize the Adjutant General to
order the organized militia into State Active Duty
under emergency situations. The current Alaska
Military Code only authorizes the Governor to call out
the organized militia to active state service. As
certain crises materialize, time and circumstances may
be of the essence to save lives and property of
Alaskans. If the Governor is unavailable or
unreachable, this bill would allow the Adjutant
General to order the organized militia into active
state service. The Adjutant General would be required
to continue efforts to contact the Governor and
reassess the situation at least 72 hours after the
order was given.
House Bill 152 would also extend the tuition
assistance program to include the Alaska State Defense
Force. The tuition assistance program allows the
Adjutant General to authorize payment for the cost of
tuition and fees for educational, vocational, and
technical training when funds are available.
Currently, the tuition assistance program includes the
Alaska National Guard and the Alaska Naval Militia.
This proposal would add the Alaska State Defense
Force, which will be another tool to help with
recruitment and retention in the Alaska State Defense
Force.
House Bill 152 is an important step to ensure our
organized militia has the authority to operate
efficiently and protect Alaskans.
REPRESENTATIVE TUCK pointed out that an amendment was added in
the House Special Committee on Military and Veterans' Affairs
and referred the committee to page 3, lines 21-22, which read,
"The organized militia may not be used against or to mitigate a
lawful activity".
REPRESENTATIVE BIRCH referred to written testimony [from
Lawrence Wood and included in the committee packet], which
offers a concern that the proposed legislation gives the
adjutant general sole authority without civilian oversight to
call troops to state active duty without the knowledge of the
governor or the governor's replacement in times of emergency or
non-emergency. He asked the sponsor to comment on that; he
maintained that currently the governor is clearly the
responsible party to provide that oversight, and the proposed
legislation "dilutes" the relationship between the governor and
the adjutant general.
3:09:37 PM
REPRESENTATIVE TUCK responded that the authority still lies with
governor. In an emergency, if the governor is incapacitated or
unavailable to give orders, the proposed legislation allows the
adjutant general to take over. In non-emergency situations, the
proposed legislation allows the adjutant general to perform
personnel actions and approve retirement.
3:10:21 PM
REPRESENTATIVE LEDOUX asked how many other states give the
adjutant general such authority to call up active troops.
REPRESENTATIVE TUCK deferred to representatives of the
Department of Military & Veterans' Affairs (DMVA).
3:11:10 PM
REPRESENTATIVE WOOL asked about the role of the lieutenant
governor in the event the governor was incapacitated. He asked
if the lieutenant governor would assume the duties of the
governor and become the person who could call up the Alaska
National Guard.
REPRESENTATIVE TUCK expressed his understanding that if
"something happens with the governor," the lieutenant governor
automatically assumes command, and the adjutant general falls
under his/her authority. The proposed legislation requires the
adjutant general to continue to attempt to contact the governor
and reassess his/her response within 72 hours of his/her initial
response to the emergency.
3:12:01 PM
KENDRA KLOSTER, Staff, Representative Chris Tuck, Alaska State
Legislature, on behalf of Representative Tuck, prime sponsor of
CSHB 152(MLV), offered an example as explanation: Alaska
experiences an earthquake like the Good Friday earthquake, and
the governor is injured or unable to be located. For the Alaska
National Guard to be called forth, a new governor must be sworn
into office. The proposed legislation allows the adjutant
general to call forth the militia in such a situation. She
maintained that currently the circumstances in which the
adjutant general may do so is limited. She added that page 3,
lines 14-20, of CSHB 152(MLV) lists other requirements -
continuous efforts to contact the governor and reassessment of
the situation for troop deployment within 72 hours. She
asserted that the intent is to have the adjutant general step in
during a catastrophe so as not to lose time getting the service
members out to help Alaskans.
REPRESENTATIVE WOOL asked if the lieutenant governor must be
sworn in if the governor is incapacitated, as opposed to
automatically taking over the powers of the governor.
MS. KLOSTER answered yes. She said that currently the governor
is the only one who can call forth service members, except in
the case of a wildfire, for which the adjutant general has that
authority. The proposed legislation expands the adjutant
general's authority to include earthquakes, flooding, and other
natural disasters to save lives and prevent human suffering.
Otherwise, another governor would need to be sworn in to call
forth the Alaska National Guard.
3:14:02 PM
REPRESENTATIVE JOHNSON offered that she has grave concerns
regarding the proposed legislation. She expressed that it goes
against her sense of the chain of command. She stated that if
there is a gap in Alaska's emergency management, it may be more
appropriate to amend the statute addressing the emergency powers
of the governor, [AS 26.20.040], or of the lieutenant governor,
to keep the power to command the Alaska National Guard within
the realm of an elected official. She maintained that she
supports the views put forth in [Lawrence] Wood's written
testimony. She relayed that Mr. Wood, on page 7 of his written
testimony, cites the proposed subsection, AS 26.05.070(g), [page
3, lines 23-24, of CSHB 152(MLV)], and expressed his belief that
the new subsection would conflict with federal precedent and
law. She asked for the sponsor's response to Mr. Wood's
comments.
3:15:25 PM
REPRESENTATIVE TUCK relayed that there are times when the
President of the U.S. calls the U.S. National Guard into action,
and there are times when the governor may do that. He
maintained that the proposed legislation does not conflict with
the President's ability to do so. The proposed legislation
addresses natural disaster events, which are already addressed
in statute, and it clarifies statute language. Other actions by
the adjutant general are allowed if the governor is unavailable.
In response to Mr. Wood, who wrote that the National Guard is a
"thing of the federal government," Representative Tuck said,
"Yes and no. There are times when the state actually calls in
the National Guard."
3:16:48 PM
REPRESENTATIVE KNOPP referred to the expansion of the tuition
assistance program to include the Alaska State Defense Force
(ASDF); he asked for the composition of the ASDF, and noting the
zero-fiscal note, he asked how the program would be funded.
REPRESENTATIVE TUCK replied that the proposed legislation would
provide insurance benefits to ASDF service members who are
injured while in training.
REPRESENTATIVE KNOPP asked if legislation passed last year,
[House Bill 126, introduced during the Twenty-Ninth Alaska State
Legislature, 2015-2016, and signed into law 11/07/16], addressed
that issue.
REPRESENTATIVE TUCK referred to Section 5 of CSHB 152(MLV),
[page 4, lines 14-16], which read, "Members of the Alaska State
Defense Force performing inactive duty or training or community
service duties shall receive benefits under AS 26.05.260 if the
member suffers an injury, disability, or death while in the line
of duty." He stated that including this provision aligns the
proposed legislation with the other Title 26 reform bills.
REPRESENTATIVE KNOPP referred to the 4/12/17 letter addressed to
Representative Tuck from DMVA, page 1, first paragraph, number
1, which read, "The Adjutant General (TAG) commands and controls
the organized militia, under the direction of the Governor as
Commander-in-Chief, who maintains civilian oversight." He
relayed that the proposed legislation appears to give up all
oversight, especially for adopting regulations.
REPRESENTATIVE TUCK responded that the Alaska Code of Military
Justice (ACMJ) reform, passed two years ago, allows DMVA to
adopt regulations. The proposed legislation, which is the
fourth in a series of five, is to ensure that the entire Title
26 conforms internally; it cleans up language; and much of the
regulation authority already has been given to ACMJ.
3:20:19 PM
REPRESENTATIVE LEDOUX asked if there is no procedure allowing
the lieutenant governor to take temporary control without being
sworn in. She referred to the governor's surgery about a year
ago, in which he was under general anesthetic; she said she is
surprised there is no procedure for temporary control without a
swearing-in ceremony.
3:21:33 PM
BOB DOEHL, Deputy Commissioner, Office of the
Commissioner/Adjutant General, Department of Military &
Veterans' Affairs (DMVA), relayed that DMVA strongly supports
the proposed legislation. In response to Representative Birch,
he explained that giving the adjutant general the authority to
call the militia to state active duty without the governor's
knowledge is limited by Section 3 of CSHB 152(MLV), [page 3], to
emergencies where delay in contacting the governor could lead to
loss of life. After a disaster there is a response time but no
law enforcement; it is only to save Alaskans that these
provisions are used.
MR. DOEHL stated that [this morning] at about 12:35 a.m., Major
General Laurie Hummel [Commissioner/Adjutant General, DMVA]
called Governor [Bill] Walker; she was able to reach him because
he was in Seattle between flights. If he still had been on his
flight from Washington, D.C., there might have been a period of
hours before he could have been reached. During that time, the
Alaska National Guard could not have been deployed to rescue
people had the tsunami [from the magnitude 7.9 earthquake in the
Gulf of Alaska at 12:31 a.m. that morning] been problematic
rather than a small wave. He maintained that the objective for
the proposed legislation is to be able to take advantage of the
"golden hour," when the Alaska National Guard can be most
effective in saving Alaskans.
MR. DOEHL conceded that there is an important system of "checks
and balances" that must be in place before deploying military
force. He asserted that the adjutant general is an at-will
employee of the governor and can be relieved at any time if
there is a loss of trust and confidence. He maintained that the
governor retains ultimate accountability for that position. He
said that in selecting an adjutant general, the governor has
determined that this is the person who represents his/her
interests, and the governor is responsible for the actions of
his subordinates. He summarized by saying an emergency response
would only be initiated without the governor's knowledge to save
lives.
MR. DOEHL responded to Representative LeDoux's question [about
other states' delegation of authority] by saying that he is not
aware of any state that does not give the adjutant general the
authority to direct the deployment the national guard in an
emergency. In response to Representative Wool's question
regarding the lieutenant governor's role in assuming authority,
he explained that in the event of a known temporary
unavailability, such as the governor going under anesthesia,
there is a procedure in place for a temporary delegation [of
authority]. He said that the challenge in Alaska is that one
cannot plan for earthquakes and tsunamis ahead of time, and the
governor may be on an airplane flight or in a pile of rubble.
3:25:42 PM
MR. DOEHL addressed Representative Johnson's comment regarding
emergency powers by saying that an elected official always
retains responsibility for what his/her subordinates do. The
installation commander of Alaska's active duty forces has the
authority to send forces off base for up to 72 hours without
contacting anyone up the chain-of command to help Alaskans in
need. He stated that federal precedent and federal law dictate
that authority may be delegated eight to ten levels down from
the President of the U.S. all the way to the commander of the
Air Base Wing at Joint Base Elmendorf-Richardson (JBER); the
concern in this instance would be to save lives; and ultimately
the officer would be held accountable afterwards if he/she makes
a bad call.
MR. DOEHL relayed that the Alaska Army National Guard (AK ARNG)
is under the command and control of the governor, not the
federal government, unless it is specifically mobilized under
Title 10 of the U.S. Code authorities. He maintained that Mr.
Wood is wrong in that regard. The governor is the commander and
chief of AK ARNG, unless mobilized [under Title 10], which
usually involves the forces going overseas.
MR. DOEHL, in response to Representative Knopp's question
regarding tuition assistance, reported the following: The
number of active ASDF members has increased from about 70 to
about 120 in the past two years; during that time, the average
age of members has decreased 20 years; the percentage who are
veterans has increased by 50 percent. Under the tuition
assistance program, a certain amount is allocated to the
University of Alaska (UA), that amount is capped, no more is
allocated even if additional guardsmen sign up; and there is
about 88 percent execution on the fund. The intent in CSHB
152(MLV) is to allow ASDF soldiers to apply for the funds, as
certified by the adjutant general, and compete with the Alaska
National Guard members for the funds. Because there is a set
amount allocated, there would be no growth in the cost of the
program. He suggested that offering this program constitutes a
useful recruitment and retention tool, especially in attracting
younger members.
3:28:18 PM
MR. DOEHL, in addressing concerns about the governor's lack of
oversight, emphasized that the governor always retains the
authority to overrule any regulation or terminate the adjutant
general; he explained that the word "regulation" in the statute
refers to internal personnel policy of the organization. He
reiterated that the governor retains ultimate oversight.
3:28:59 PM
REPRESENTATIVE LEDOUX referred to MR. Doehl's comment that there
is no procedure for temporary delegation of authority if not
done in advance. She asked why the governor could not outline
in a letter the circumstances under which the lieutenant
governor should assume authority.
MR. DOEHL relayed that "succession" procedures are outside of
Title 26, but he believes it is all "spelled out" in statute.
He said that in a disaster such as Puerto Rico experienced with
Hurricane Maria [9/20/17], in which communications were
destroyed throughout the whole island, it is possible that the
governor and the lieutenant governor both would be unavailable.
He asked, "At that point, do we want to curtail the adjutant
general from being able to launch the fire department or search
and rescue (SAR) forces or even folks to help with general
relief?"
REPRESENTATIVE LEDOUX asked if Puerto Rico has a similar statute
to that proposed under CSHB 152(MLV), and if it has a national
guard.
MR. DOEHL said that the Puerto Rico national guard was involved
[in the response]. Since hurricanes can be predicted, the guard
can be put into active duty in advance, therefore, allowing for
better planning.
3:30:55 PM
REPRESENTATIVE WOOL asked for confirmation that the transfer of
authority to the adjutant general is only for emergencies,
natural disasters, and humanitarian missions.
MR. DOEHL agreed and mentioned that the conditions [for transfer
of authority] under CSHB 152(MLV) are relayed in Section 3 on
page 3 of the proposed legislation.
REPRESENTATIVE WOOL referred to Mr. Doehl's testimony regarding
the tsunami warning, the governor's availability, and the golden
hour. He asked if 72 hours would be too long. He offered that
three days of not being able to reach the governor is a long
time.
MR. DOEHL replied that the 72 hours mirrors the federal
requirements of how long a base commander can provide forces in
immediate response authority; the exceptions are a widespread
mass disaster, at which time it may take time to reach competent
authority, and a massively compromised communication system, at
which time establishing a communication link from the governor
to the forces may take time. He stated that he defers to the
wisdom that went into the federal guidelines for what is an
accepted standard.
3:32:42 PM
CHAIR KREISS-TOMKINS asked for clarification that every year
there is a "pot of money" available for tuition assistance;
however, this year that pot of money was not fully expended. If
more people participate in the program, there is no way the cost
will exceed the allotted amount, but there will be greater
utilization of the funds.
MR. DOEHL responded, that is correct. He added that there have
been years in the past in which the funds have been fully
expended.
CHAIR KREISS-TOMKINS asked how much money is available for
tuition assistance under the program.
MR. DOEHL replied that it is in the hundreds of thousands of
dollars but did not know the exact amount.
3:33:47 PM
REPRESENTATIVE WOOL asked for confirmation that the transfer of
authority does not apply to events of war, invasion, or riot,
since they are not natural disasters.
MR. DOEHL replied that a riot is a law enforcement situation.
In that case the governor has the legal authority to order the
Alaska National Guard into state active duty to maintain law and
order; that being a law enforcement function, the adjutant
general does not have that authority.
3:35:23 PM
REPRESENTATIVE TUCK reiterated that the proposed legislation is
just one of many to update Title 26; the AMCJ was written in
1955 with no significant changes until two years ago; other
states have already adopted many of the provisions in CSHB
152(MLV). He said that the intent is to arrange Title 26
logically. As an example, the authority to write regulations
was already in Title 26, but under the proposed legislation,
would be moved to a more appropriate section. He relayed that
the proposed legislation gives the adjutant general "hire and
fire authority" under his/her own department. He maintained
that CSHB 152(MLV) would update Title 26 to include all the
different divisions of DMVA. The additional provision under
CSHB 152(MLV) is the authority of the adjutant general in an
emergency disaster. He said that Section 2 of CSHB 152(MLV) on
page 2, beginning on line 8, describes the governor's role;
Section 3 of CSHB 152(MLV) on page 3, beginning on line 2,
describes the adjutant general's role and the conditions under
which the adjutant general has authority; and authority is
expanded from wildland fire only to include other natural
catastrophes.
CHAIR KREISS-TOMKINS asked that the committee receive
information as to whether Alaska is the last state to adopt
language like proposed in CSHB 152(MLV).
[HB 152 was held.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB152 Sponsor Statement 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM HSTA 2/22/2018 3:15:00 PM |
HB 152 |
| HB152 Sectional Analysis 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM |
HB 152 |
| HB152 ver U.PDF |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM |
HB 152 |
| HB152 Memo of Changes 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM |
HB 152 |
| HB152 Fiscal Note DMVA 1.20.18.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM HSTA 2/22/2018 3:15:00 PM |
HB 152 |
| HB152 Supporting Document-DMVA Letter of Support 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM HSTA 2/22/2018 3:15:00 PM |
HB 152 |
| HB152 Opposing Document-Letter Lawrence Wood 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM HSTA 2/22/2018 3:15:00 PM |
HB 152 |
| HB152 Additional Documents-DMVA Letter and bill info 4.12.17.pdf |
HSTA 1/23/2018 3:00:00 PM HSTA 1/25/2018 3:00:00 PM HSTA 2/22/2018 3:15:00 PM |
HB 152 |