03/15/2007 08:00 AM House STATE AFFAIRS

HJR 11-STATE'S CONTROL OF NATIONAL GUARD                                                                                      
                                                                                                                                
8:03:50 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
JOINT  RESOLUTION NO.  11, Relating  to  the increased  authority                                                               
granted to the  President of the United States  to federalize the                                                               
National Guard  of the individual  states without the  consent of                                                               
the  governors; and  urging the  United States  Congress to  take                                                               
action to  restore the  sovereignty of  the individual  states to                                                               
regulate and command the National Guard of the states.                                                                          
                                                                                                                                
8:04:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES,  as prime  sponsor  of  HJR 11,  said  the                                                               
proposed  legislation  is  designed  to  emphasize  to  the  U.S.                                                               
Congress  the  importance  of  state   sovereignty  in  terms  of                                                               
controlling  the   Alaska  National   Guard.    He   turned  over                                                               
presentation of the resolution to his staff.                                                                                    
                                                                                                                                
8:05:10 AM                                                                                                                    
                                                                                                                                
JOSH APPLEBEE,  Staff to Representative  Bob Roses,  Alaska State                                                               
Legislature, presented HJR 11 on  behalf of Representative Roses,                                                               
prime sponsor.   He  stated that  the 2007  Defense Authorization                                                               
Bill signed  in to law by  the President in October  2006 changed                                                               
the  200-year-old  Insurrection Act.    The  change empowers  the                                                               
President in  future stateside  emergencies, by  allowing him/her                                                               
to deploy  U.S. armed forces  and federalize state  Guard troops,                                                               
without consulting the governors within  each state, in the event                                                               
of a natural  disaster, epidemic, or other  serious public health                                                               
emergency,  terrorist   attack,  or   incident.     Mr.  Applebee                                                               
indicated that the  governors of all states  and U.S. territories                                                               
have opposed the  change.  The proposed resolution  asks that the                                                               
President  consult  with "the  governors  and  the states  before                                                               
taking over the National Guards."                                                                                               
                                                                                                                                
8:06:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES indicated  that there  is a  consensus that                                                               
the relationship between the armed  forces and the National Guard                                                               
in Alaska is "a model to be used  for every other state."  If the                                                               
National Guard is  busy, the Armed Forces will step  in, and vice                                                               
versa.   He stated there is  no reason to change  the practice of                                                               
complete cooperation  that already exists,  and he said  he feels                                                               
strongly about HJR 11 and encourages everyone to support it.                                                                    
                                                                                                                                
8:07:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES, in response to  a question from Chair Lynn,                                                               
said prior  to [the  2007 Defense  Authorization Bill],  all that                                                               
was necessary  in the case  of an emergency or  national disaster                                                               
was  for the  President  simply  to call  the  governor "and  the                                                               
governor  activates."    He  said he  thinks  [the  2007  Defense                                                               
Authorization Bill]  was "a knee-jerk reaction"  to the situation                                                               
surrounding Hurricane  Katrina, and he  said he doesn't  think it                                                               
solves the problem.                                                                                                             
                                                                                                                                
8:09:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL   expressed  his  appreciation   for  the                                                               
resolution.                                                                                                                     
                                                                                                                                
8:10:24 AM                                                                                                                    
                                                                                                                                
MR.  APPLEBEE,  in response  to  a  question from  Representative                                                               
Coghill, said the language in  the resolution was patterned after                                                               
several  letters sent  from the  National Governors'  Association                                                               
(NGA) to U.S. Congress and the President of the United States.                                                                  
                                                                                                                                
8:10:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL expressed  interest in  strengthening the                                                               
language of  the resolution.   He directed attention  to language                                                               
in the  "FURTHER RESOLVED" portion  of HJR  11, on page  2, lines                                                             
10-13, which read as follows:                                                                                                   
                                                                                                                                
          FURTHER   RESOLVED    that   the    Alaska   State                                                                  
     Legislature  urges   federal  action  to   restore  the                                                                    
     sovereignty of  the individual  states to  regulate and                                                                    
     command  National Guard  troops during  emergencies and                                                                    
     disasters, and to take  whatever additional actions are                                                                    
     necessary    to    correct    the    encroachment    of                                                                    
     constitutional  authority to  protect  the citizens  of                                                                    
     each state.                                                                                                                
                                                                                                                                
REPRESENTATIVE  COGHILL  said  states  already  have  sovereignty                                                               
under the Tenth Amendment.                                                                                                      
                                                                                                                                
8:12:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL moved Amendment 1 as follows:                                                                            
                                                                                                                                
     On page 2, line 11:                                                                                                        
                                                                                                                                
          Delete "restore"                                                                                                      
          Insert "honor"                                                                                                        
                                                                                                                                
     On page 2, line 12:                                                                                                        
                                                                                                                                
          Between "whatever" and "actions"                                                                                      
          Delete "additional"                                                                                                   
                                                                                                                                
CHAIR  LYNN asked  if there  was  any objection  to Amendment  1.                                                               
There being none, it was so ordered.                                                                                            
                                                                                                                                
8:12:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DOLL  asked if  the  President,  as Commander  in                                                               
Chief, has the power to override governors at any point.                                                                        
                                                                                                                                
MR.  APPLEBEE responded  that the  President does  not have  that                                                               
power  "at any  point."   He said  the Insurrection  Act of  1807                                                               
outlines  the situations  in which  the President  does have  the                                                               
power to  override the  governors, in  terms of  federalizing the                                                               
National Guard.   The 2007  Defense Authorization Bill  gives the                                                               
President "additional powers within those confines."                                                                            
                                                                                                                                
REPRESENTATIVE DOLL asked, "Because it was domestic?"                                                                           
                                                                                                                                
MR. APPLEBEE answered that's correct.                                                                                           
                                                                                                                                
8:13:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG directed  attention  to  page 1,  lines                                                               
[13-14],  which read,  "to recognize  the militia's  state role,"                                                               
and  he suggested  that  that  should be  changed  to "honor  the                                                               
militia's state role".                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL  said he  thinks "recognize" is  the right                                                               
word to  use.  He  explained that he  had proposed the  change in                                                               
Amendment 1 because he didn't want  to diminish the effect of the                                                               
language by leaving in the word "restore" on page 2, line 11.                                                                   
                                                                                                                                
8:14:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOLL  moved to report  HJR 11, as amended,  out of                                                               
committee with  individual recommendations [and  the accompanying                                                               
fiscal  notes].   There  being no  objection,  CSHJR 11(STA)  was                                                               
reported out of the House State Affairs Standing Committee.