02/29/2024 01:00 PM House MILITARY & VETERANS' AFFAIRS

         HB 312-ASSISTANT ADJUTANT GENERAL APPOINTMENT                                                                      
                                                                                                                                
1:06:12 PM                                                                                                                    
                                                                                                                                
CHAIR WRIGHT announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 312, "An  Act relating  to the appointment  of an                                                               
assistant  adjutant  general;  and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
CRIAG CHRISTENSON, Deputy Commissioner,  Department of Military &                                                               
Veterans' Affairs,  presented HB  312 on  behalf of  the sponsor,                                                               
House Rules  by request of the  governor.  He explained  that the                                                               
bill  seeks  to  change  the assistant  adjutant  general  (ATAG)                                                               
position from  a five-year service  requirement to  a preference.                                                               
He said  there are  two ATAG positions  within the  Department of                                                               
Military  & Veterans'  Affairs  that serve  a  federal and  state                                                               
role:  the commander of the  Air National Guard and the commander                                                               
of the  Army National Guard.   He stated that both  positions are                                                               
considered as state  employees at a director level  position.  He                                                               
said  HB 312  would expand  the  pool of  possible applicants  to                                                               
include  active-duty servicemembers  leaving active  service, who                                                               
have the required qualifications and want  to stay in Alaska.  He                                                               
pointed  out  that  the  five-year  preference  would  remain  in                                                               
statute.                                                                                                                        
                                                                                                                                
1:08:38 PM                                                                                                                    
                                                                                                                                
ANGELA   LAFLAMME,    Legislative   Liaison,   Office    of   the                                                               
Commissioner,  Department of  Military  &  Veterans' Affairs,  on                                                               
behalf of  the sponsor, House  Rules by request of  the governor,                                                               
read the  sectional analysis  for HB  312 [included  in committee                                                               
packet], which read as follows [original punctuation provided]:                                                                 
                                                                                                                                
     Section   1   amends   AS  26.05.180(a)   relating   to                                                                    
     headquarters  staff   of  the  Alaska   National  Guard                                                                    
     regarding   appointment   and   qualification   of   an                                                                    
     assistant adjutant general  by removing the requirement                                                                    
     for at least  five years of service in  the Alaska Army                                                                    
     National  Guard  or  Alaska   Air  National  Guard  and                                                                    
     replacing  it  with  language  providing  the  Adjutant                                                                    
     General  flexibility   when  appointing   an  assistant                                                                    
     adjutant  general   to  provide   a  preference   to  a                                                                    
     candidate with at least five years of service.                                                                             
                                                                                                                                
        Section 2 establishes the effective date of this                                                                        
     legislation.                                                                                                               
                                                                                                                                
1:09:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   asked    about   the   definition   of                                                               
"preference."                                                                                                                   
                                                                                                                                
MR. CHRISTENSON explained that preference  would be subjective as                                                               
there would be no scoring mechanism.                                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER  requested more information as  to how big                                                               
the qualified  candidate pool  is and how  the bill  would expand                                                               
the pool.                                                                                                                       
                                                                                                                                
MR. CHRISTENSON  answered that as  an example, the  Army position                                                               
is not filled  since there is no qualified candidate  to fill the                                                               
spot.    He said  there  are  12  O6  positions within  the  Army                                                               
National Guard,  some of  which are  not suited to  be ATAG.   He                                                               
shared that  typically, a pool to  pull from are those  in active                                                               
guard and  reserve (AGR), as  they are  members of the  guard who                                                               
work fulltime.  He said there  are reasons someone might not take                                                               
the job, one  being that it is a significant  pay cut in becoming                                                               
a state  employee, which has  been a disincentive for  members to                                                               
"move up."   He said  the goal is someone  who has five  years of                                                               
service,  but the  department  would  like to  open  the pool  to                                                               
include guards from out of state.                                                                                               
                                                                                                                                
REPRESENTATIVE SADDLER  asked how  the bill would  give allowance                                                               
to count service in another state.                                                                                              
                                                                                                                                
1:15:00 PM                                                                                                                    
                                                                                                                                
MS.  LAFLAMME answered  that  the preference  would  be given  to                                                               
someone in  the Alaska  National Guard or  someone who  has five-                                                               
years  of experience  in the  guard; taking  away the  experience                                                               
requirement  would allow  the department  to consider  candidates                                                               
outside of the Alaska National Guard.                                                                                           
                                                                                                                                
1:15:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW inquired whether,  if there's a promotable O5                                                               
to an O6, the pool could be expanded to O5 applicants.                                                                          
                                                                                                                                
MS. LAFLAMME offered  her understanding that to  be promoted from                                                               
an O5  to O6, there  is a controlled  position that they  need to                                                               
move into.  She added  that there are other federal stipulations,                                                               
including being able to be promoted to brigadier general.                                                                       
                                                                                                                                
1:17:04 PM                                                                                                                    
                                                                                                                                
MR. CHRISTENSON added that the department  would not go to the O5                                                               
level  because this  person  needs  to have  a  certain level  of                                                               
experience.   He  added that  even  if this  were something  that                                                               
could be done, it is not something that would be done.                                                                          
                                                                                                                                
REPRESENTATIVE  SHAW  relayed that  in  the  1980s, the  Nebraska                                                               
adjutant general  was promoted  from O5  to O7  adjutant general.                                                               
He  said he  is sharing  this because  the scenario  has happened                                                               
before in the country.                                                                                                          
                                                                                                                                
1:18:21 PM                                                                                                                    
                                                                                                                                
MS.  LAFLAMME  stated that  the  adjutant  general in  Alaska  is                                                               
appointed by the  governor, and the appointment does  not need to                                                               
fulfill  the  five-year  service  requirement.    For  the  ATAG,                                                               
they're  appointed by  the adjutant  general with  concurrence by                                                               
the governor.                                                                                                                   
                                                                                                                                
1:18:58 PM                                                                                                                    
                                                                                                                                
CHAIR  WRIGHT  opened   public  testimony  on  HB   312.    After                                                               
ascertaining  that there  was no  one who  wished to  testify, he                                                               
closed public testimony.                                                                                                        
                                                                                                                                
1:19:29 PM                                                                                                                    
                                                                                                                                
CHAIR WRIGHT  shared a  personal anecdote about  his work  at the                                                               
Department  of  Military &  Veteran's  Affairs.   He  shared  his                                                               
appreciation of the bill.                                                                                                       
                                                                                                                                
1:19:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  commented   that  he   appreciates  the                                                               
flexibility proposed under HB 312.                                                                                              
                                                                                                                                
1:20:38 PM                                                                                                                    
                                                                                                                                
CHAIR WRIGHT announced that HB 312 was held over.