Legislature(2017 - 2018)GRUENBERG 120
03/23/2017 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB165 | |
| 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 165 | TELECONFERENCED | |
HB 152-ORGANIZED MILITIA; AK ST. DEFENSE FORCE
1:54:22 PM
CHAIR TUCK announced that the final order of business would be
HOUSE BILL NO. 152, "An Act relating to the organized militia;
and relating to the authority of the adjutant general."
1:55:04 PM
ROBERT DOEHL, Deputy Commissioner, Office of the Commissioner,
Department of Military & Veterans' Affairs (DMVA), informed the
committee HB 152 is a maintenance bill to modernize several
provisions of [Alaska Statutes title 26], which was drafted in
the 1950s. Further, the bill creates efficiencies, allows for
continuity in providing services during disasters, and would
provide clear-cut accountability and responsibility for the
adjutant general. Mr. Doehl said Section 1 clarifies the
adjutant general is not only in control of the organized militia
but is also in command. The organized militia includes the
Alaska Army National Guard, the Alaska Air National Guard, the
Alaska State Defense Force (ASDF), and the Alaska Naval Militia.
He remarked:
The governor remains ultimately responsible and
accountable for the Alaska organized militia and the
actions of it, and also retains complete authority to
supervene or overrule any order or directive given by
the adjutant general, who is also the commissioner of
the state Department of Military & Veterans' Affairs.
What this does do is clarify the obligation that comes
with command; with command comes, comes absolute
responsibility for the operation and the conduct of an
organization.
MR. DOEHL stated such responsibility is inherent with command.
He said "control" is only the authority to direct a subordinate
to do something but does not bring with it the assurance a task
is done right. He said [command] comes with the authority to
develop regulations for the internal administration of the
Alaska organized militia, which are necessary for good order and
discipline. He clarified members of the general public remain
subject to the Administrative Procedures Act. He said the
proposed regulations are akin to the personnel policies other
departments have, but the organized militia does not fall under
the state classified personnel systems and thus does not have a
clean-cut mechanism to institute regulations.
1:58:13 PM
MR. DOEHL informed the committee the proposed regulations would
ensure that the adjutant general could carry out all the duties
as a commander over the Alaska Air National Guard and the Alaska
Army National Guard envisioned in House Bill 126 [passed in the
Twenty-Ninth Alaska State Legislature], which had some
ambiguities. He continued to review the bill and advised
Sections 2 and 3 together clarify the roles and responsibilities
related to state active duty. He explained state active duty
status applies at the time the militia is put into paid status
to work directly for the governor of Alaska. He said the bill
would clarify the continuity of operations in a disaster; for
example, in the event of a disaster or an emergency where the
governor cannot be reached, HB 152 would authorize the adjutant
general to place a limited portion of the organized militia into
state active duty as needed.
MR. DOEHL stated the authority of the adjutant general became a
priority for Governor Bill Walker after a recent incident when
he was needed to authorize some organized militia members to be
placed in state active duty to assist with a search and rescue
mission. Mr. Doehl gave an example of a disaster that required
a response from the organized militia while those in command
were unable to reach the governor or the governor's successor.
However, HB 152 provides two important limitations on the
aforementioned authority: If the governor has not been reached
after 72 hours, then there must be a reassessment to validate
whether the authority is still necessary, and the authority
would also be limited to instances that do not affect the civil
rights of other Alaskans, for example, it would not place
members of the organized militia into roles assisting with law
enforcement duties.
2:00:59 PM
MR. DOEHL said Section 4 states the governor's orders are final,
and the adjutant general's orders are subject to being overruled
by the governor at any time. Section 5 recognizes [Title 32 of
the U.S. Code Chapter 109], which says states have the authority
to retain a state militia while also having a National Guard.
Further, Section 5 assures if said federal statute was repealed
or amended, the legislature would need to enable legislation to
clarify the relationship between the two entities. He remarked:
Given the federal role and some presumption of
preemption and homeland defense and homeland security
issues, we need this provision to deconflict the
issues of federal preemption in the [Tenth Amendment
to the U.S. Constitution] and clarify that what we're
doing is legal and proper from both a legal, from both
a federal and state perspective.
MR. DOEHL said Section 6 adds ASDF to the entities which
comprise Alaska's organized militia and provides better
alignment with existing statutory language. Section 7 would
establish that the adjutant general and the assistant adjutant
generals are subject to regulations in state law and they would
be paid according to state law. He explained this assures that
the accountability and jurisdiction over said generals are
appropriate for their roles.
2:03:08 PM
MR. DOEHL continued to explain Sections 8, 9, and 10 streamline
matters related to retirement, so the sections are more
consistent with federal [retirement] processes, and also allow
for more efficiencies at the governor's office and at DMVA.
Section 11 would release DMVA's obligation to build armories
before issuing equipment, which was instigated in the 1950s, but
now constrains the state's ability to expand ASDF into new
regions and facilities. Section 12 deals with education
assistance - when funded - and retains the adjutant general's
authority to prioritize how education assistance funds are
awarded. Section 13 reiterates that regulations adopted under
[AS] title 26 may not conflict with federal laws or regulations.
Section 14 directs that regulations are consistent with U.S.
armed services regulations to assure consistency in the
administration of justice to service members. Section 15 allows
the delegation of authorities from the governor in the Alaska
Code of Military Justice, except general courts martial cannot
be further delegated. Section 16 removes irrelevant provisions.
REPRESENTATIVE RAUSCHER asked how many other states have taken
similar actions.
MR. DOEHL explained the proposed legislation is not in response
to a recommendation from the U.S. Department of Defense, but
originated from DMVA analysis, and is related to inconsistencies
in current Alaska legislation. In further response to
Representative Rauscher, he said he was not aware of any
instances in which the governor of Alaska could not be reached.
REPRESENTATIVE RAUSCHER asked whether authority passes to the
lieutenant governor.
MR. DOEHL further explained a process must occur before the
lieutenant governor assumes the duties of the governor. In
further response to Representative Rauscher, he said he would
provide a written response to the question of what the process
would be following a temporary transfer of power.
2:10:23 PM
REPRESENTATIVE SADDLER also expressed interest in previous
instances in which the governor was unavailable.
MR. DOEHL said the proposed legislation addresses a situation
where the location or condition of the governor cannot be
readily ascertained. In further response to Representative
Saddler, he said ASDF exists to help civilian authorities
safeguard the public.
REPRESENTATIVE SADDLER questioned whether the National Guard has
the same function.
MR. DOEHL acknowledged both are part of the Alaska organized
militia, and both have a role in responding to a disaster or an
emergency; however, the National Guard could be deployed and its
ranks in Alaska are "thin at times."
REPRESENTATIVE SADDLER asked whether there has ever been a time
when the National Guard was unable to fulfil its mission to
support civilian authorities in a disaster.
MR. DOEHL pointed out at the time of the 1964 earthquake there
were National Guard units from Outside and active military units
assisting in Southcentral Alaska.
REPRESENTATIVE SADDLER surmised the only time the National Guard
was insufficient to assist civilian authority was after the 1964
earthquake.
MR. DOEHL said, "That I'm aware of, yes."
2:14:21 PM
CHAIR TUCK stressed the bill allows the adjutant general
authority over all entities within the Alaska organized militia.
In response to Representative Saddler, he said authority may be
needed during any unknown disaster.
REPRESENTATIVE SADDLER questioned whether replicating the
responsibilities of the National Guard over all the state is
prudent.
MR. DOEHL stressed ASDF is staffed by volunteers at no cost [to
the state].
REPRESENTATIVE SADDLER pointed out the bill proposes to use
state funds for education, armories, training, and workers'
compensation coverage.
MR. DOEHL clarified the bill directs the state does not have to
provide armories in order to establish a detachment, and allows
for the prioritization of education benefits at the state's
discretion; further, previous legislation has determined
workers' compensation provisions are "a zero-cost item."
REPRESENTATIVE SADDLER questioned whether the administration
intends to make ASDF a duplication of the National Guard, which
is a concern related to cost and the implications to state
policy.
2:17:45 PM
MR. DOEHL, in response to Representative LeDoux's question about
the Alaska Naval Militia, explained the Alaska Naval Militia are
U.S. Marine Corps and U.S. Navy reservists from Alaska who
voluntarily participate in additional training, so they can
serve in state active duty during a time of emergency in roles
to augment command and control centers and to provide logistical
skills. The Alaska Naval Militia are paid only when in state
active duty status or during drill weekends. In further
response to Representative LeDoux, he restated the adjutant
general could not deploy the state militia to law enforcement
functions where the rights of Alaskans could be affected; the
ability of the adjutant general authority is limited to non-law
enforcement roles, such as fire department or search and rescue
duties.
REPRESENTATIVE LEDOUX directed attention to the bill on page 2,
lines 19-20, which read in part:
Whenever any portion of the militia is ordered into
active state service by the governor, it becomes an
additional police force ...
REPRESENTATIVE LEDOUX also directed attention to the bill on
page 1, [lines 9-10], which read in part:
who shall carry out the policies of the governor in
military affairs.
REPRESENTATIVE LEDOUX asked where the regulations to be
promulgated would not give the adjutant general the ability to
exercise police authority.
MR. DOEHL remarked:
The governor believes that sort of call, where
Alaskans' rights are going to be implicated should be
made by the governor, and he does not feel it should
be delegated. [That] is why ... we requested drafting
in that manner.
MR. DOEHL directed attention to the bill on page 3, [lines 10-
13] which read:
(c) Notwithstanding (b) of this section, the adjutant
general may not order any part of the organized
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.
2:23:17 PM
REPRESENTATIVE SPOHNHOLZ observed one of the challenges of
disaster preparation is to contemplate every scenario possible
and questioned whether the proposed legislation is intended to
address a situation where there was no access to either the
governor or lieutenant governor.
MR. DOEHL said the intent was to address a time when it is not
possible to reach the governor; for example, when a disaster
overcomes the ability to communicate or other imponderables.
One of the greatest challenges is to overcome the friction of
compromised communications, however unforeseen.
REPRESENTATIVE SPOHNHOLZ surmised in an unusual scenario, when
the governor becomes available, the governor could overrule any
actions by the adjutant general.
MR. DOEHL affirmed decisions of the governor are final; the
governor always has the right to overrule the adjutant general
in a matter of state.
REPRESENTATIVE REINBOLD expressed her concern, along with that
of her constituents, about the mismanagement of the state's
volunteer defense force and similar problems within DMVA over
recent years. Although Alaska has rewritten its criminal code,
justice has not been served; in fact, Alaskans are still
suffering from past misconduct. She said she disagreed with
efforts to seek compliance with federal regulations.
Representative Reinbold advised the [Alaska state] constitution
allows the governor to assign duties to the lieutenant governor
when necessary and questioned the intent of the sponsors of the
bill.
MR. DOEHL stressed the bill removes any ambiguity as to the
obligations and responsibilities of the adjutant general. He
pointed out ASDF is not subject to federal funding or
regulations and remains funded and guided by state government.
2:30:28 PM
REPRESENTATIVE REINBOLD restated her reservations about the
intent of HB 152.
REPRESENTATIVE RAUSCHER directed attention to the bill on page
2, lines 4-5, which read in part:
The Alaska National Guard and the Alaska Naval Militia
and their members are subject to all federal laws and
regulations relating to the National Guard and Naval
Militia ...
REPRESENTATIVE RAUSCHER asked, "Is their 'commander in general'
not the President of the United States?"
MR. DOEHL explained [for the Alaska National Guard and the
Alaska Naval Militia] the commander in chief is the governor or,
if the bill is enacted, the adjutant general, unless mobilized
[by the federal government]. However, except for ASDF, the
entities must remain in compliance with federal laws and
regulations when executing federal funds. In further response
to Representative Rauscher, he listed some related federal laws.
REPRESENTATIVE RAUSCHER inquired as to whom the adjutant general
is subject if the governor cannot be reached.
MR. DOEHL further explained the adjutant general is always
subject to the commander in chief; the bill clarifies the
authority of the adjutant general, should the governor be
unavailable. In further response to Representative Rauscher, he
said after the governor or the governor's successor is reached,
actions of the adjutant general would be reviewed and revoked if
necessary.
2:35:56 PM
CHAIR TUCK pointed out the bill addresses a temporary situation
in which the governor cannot be reached, until the governor is
reached or is replaced; all responsibility remains with the
governor or successor.
2:37:26 PM
REPRESENTATIVE PARISH expressed support for the intent to allow
the adjutant general to act in the event the governor is
unavailable. He directed attention to the bill on page 3, lines
[21-22], which read:
The organized militia may not be used against or to
mitigate a lawful organized labor action or activity.
REPRESENTATIVE PARISH made a motion to adopt a conceptual
amendment to read:
The organized militia may not be used against or to
mitigate a lawful action or activity, including those
of organized labor.
CHAIR TUCK restated the motion.
2:39:17 PM
The committee took a brief at-ease.
CHAIR TUCK said amendments would not be taken under
consideration at this time.
2:39:59 PM
REPRESENTATIVE PARISH withdrew his motion.
MR. DOEHL advised DMVA has no objection to the proposed
conceptual amendment.
REPRESENTATIVE PARISH directed attention to Sections 8, 9, and
10, which he said do not appear to address emergency situations,
and asked why the aforementioned provisions are being changed by
the bill.
MR. DOEHL said the aforementioned provisions provide consistency
within the state personnel system and the federal military
personnel system.
2:42:14 PM
REPRESENTATIVE SADDLER directed attention to page 5, [lines 8-
11], which read:
(d) Commissioned or warrant officers may tender their
resignations through National Guard or Naval Militia
command channels. Resignations shall be in writing,
stating the reason for resignation, and shall take
effect when accepted by the adjutant general.
REPRESENTATIVE SADDLER asked who has authority to grant
commissions to members of the National Guard in Alaska.
MR. DOEHL stated officers receive federal and state commissions
in the name of a senior executive, which would be the governor
or the president.
REPRESENTATIVE SADDLER questioned why HB 152 proposes the
adjutant general accept resignations that are issued by the
governor.
MR. DOEHL said the bill is conforming to federal authorities, to
be "more appropriate with the significance of the action." In
further response to Representative Saddler, he advised when the
government in Alaska was smaller, it was appropriate to have
[resignation] actions pass through the governor's office.
REPRESENTATIVE SADDLER restated his question as to why the bill
proposed [resignations] would be accepted by the adjutant
general.
MR. DOEHL said the intent is to be more consistent and
efficient.
REPRESENTATIVE SADDLER asked for an example of the bill's impact
if enacted.
MR. DOEHL gave an example of an earthquake in Southcentral that
compromises communications with the governor [in Southeast] thus
the Alaska organized militia could not be authorized into state
active duty. In further response to Representative Saddler, he
envisioned the National Guard and other entities would be called
to action concurrently.
MR. DOEHL added that immediate response authority is limited to
members of the National Guard who are already in duty status;
for example, in Southcentral, a fire department of thirty
members may only have one member in duty status.
2:48:29 PM
REPRESENTATIVE SADDLER turned attention to education training
funds and surmised the bill would give the adjutant general the
authority to prioritize money away from members of the National
Guard to members of the Alaska Naval Militia or ASDF.
MR. DOEHL said, should education receive funding, the bill
expands the groups that could receive a limited amount of money.
He added if the bill is enacted, there would be federal money
that could not be redirected, and state funding could be
reallocated.
REPRESENTATIVE SADDLER questioned whether the adjutant general
could redirect state education funds from members of the
National Guard to members of ASDF.
MR. DOEHL said yes. In further response to Representative
Saddler, he said there is zero money in DMVA's budget for
education and DMVA has no intention to seek funds for education
today.
2:52:43 PM
REPRESENTATIVE LEDOUX surmised currently the adjutant general
may authorize payment of funds for members of the Alaska Naval
Militia in preference to members of the National Guard and asked
whether the adjutant general has done so.
MR. DOEHL said, "Not to my knowledge."
REPRESENTATIVE LEDOUX questioned if entities within the Alaska
state militia are federalized when a disaster occurs.
MR. DOEHL said no. Even in the case of large disasters, the
obligation to provide for public safety is primarily a state
role.
REPRESENTATIVE LEDOUX asked whether the addition of ASDF in
Section 12 is cleanup language.
MR. DOEHL stated the intent is to treat all members of the
Alaska organized militia equally.
CHAIR TUCK reviewed provisions of the bill.
2:56:21 PM
REPRESENTATIVE REINBOLD stated her understanding is that no
other state has similar legislation and restated her belief that
the transfer of power from the governor is "a very simple
process." She expressed her concern that DMVA receives federal
funds and thus has a lot of federal ties. She asked whether the
adjutant general has ties to the president [of the U.S.].
MR. DOEHL indicated no.
REPRESENTATIVE REINBOLD asked, "Does this increase any 'federal'
at all, in any way?"
MR. DOEHL said no.
REPRESENTATIVE REINBOLD asked "Did you work with anybody in
regards to the federal government, in any way, on this bill
...?"
MR. DOEHL said no.
REPRESENTATIVE REINBOLD asked, "Does this decrease the authority
of the governor, yes or no?"
MR. DOEHL said no.
REPRESENTATIVE REINBOLD asked, "Does this decrease the freedom
in any way of the state defense force?"
MR. DOEHL said no.
2:59:28 PM
REPRESENTATIVE RAUSCHER inquired as to how the proposed
legislation affects the ability or function of the governor.
MR. DOEHL said the bill relates only to the authorities of the
governor over the organized militia. He offered to provide
Representative Rauscher further information in this regard.
HB 152 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB152 Supporting Document-DMVA Letter of Support 3.23.17.pdf |
HMLV 3/23/2017 1:00:00 PM |
HB 152 |
| HB152 Opposing Document-Letter Lawrence Wood 3.21.17.pdf |
HMLV 3/23/2017 1:00:00 PM |
HB 152 |
| HB152 Sponsor Statement 3.10.17.pdf |
HMLV 3/23/2017 1:00:00 PM |
HB 152 |