Legislature(2007 - 2008)BELTZ 211
04/17/2007 09:00 AM Senate STATE AFFAIRS
Audio | Topic |
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Start | |
HJR11 | |
HB171 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | HB 171 | TELECONFERENCED | |
*+ | SB 95 | TELECONFERENCED | |
+= | HJR 11 | TELECONFERENCED | |
+ | TELECONFERENCED |
HJR 11-STATE'S CONTROL OF NATIONAL GUARD CHAIR MCGUIRE announced the consideration of HJR 11. [Before the committee was CSHJR 11(STA)(title am).] JOSH APPLEBEE, Staff to Representative Roses, said the 2007 Defense Authorization bill gave the president more power over states' national guards. It added natural disasters, epidemics or other heath emergencies, and terrorist incidents as conditions under which the president can deploy armed forces and federalize guard troop if he or she determines that "authorities of the state or possession are incapable of maintaining public order." He said all fifty governors object to it because it could create confusion and interfere with a state's ability to respond to natural disasters within its own borders. He said HJR 11 simply urges the necessary federal action to reverse this and honor the sovereignty of individual states. 9:33:07 AM SENATOR GREEN asked if there might ever be a reason for the president to have this primacy. MR. APPLEBEE said yes, there would be times for that, but the new law takes away informing and consulting with the governor. The resolution requests reverting back to where the president will consult with the governor before hand. SENATOR STEVENS asked about changes in the last 30 years regarding the use of the National Guard. When he was in the army the army defended the nation. MR. APPLEBEE said he can't speak to the guard's entire history, but it is clear that it has garnered a larger role in homeland security and by being deployed outside the state. The National Guard has taken on a larger role, and in Alaska it is integrally involved with the federal forces, and one concern is that this new authority by the president may upset that balance. He spoke of the Alaska National Guard rescuing a submarine, and it was seamless. Alaska has the model of federal and state cooperation, and that balance and efficiency should be kept, he stated. 9:36:20 AM SENATOR STEVENS said he thinks he agrees but is concerned about a national emergency with an imminent threat. He asked if the resolution will cause another problem in defending the country. MR. APPLEBEE said he doesn't think so. No one knows the state better than the governor or legislature, and the president shouldn't assume that he or she would know about the Aleutian Islands or the Brooks Range. "That's the way it used to be." SENATOR STEVENS said he is concerned that an anti-war governor would refuse to use the troops. MR. APPLEBEE said the contrasting opinions of the governor and president during Hurricane Katrina prompted the language. Alaska would do what was best for our state, and the governor should maintain the right to say, "I think you may be going too far." SENATOR STEVENS said he thinks he agrees, but he noted the Civil War when President Lincoln had difficulty getting troops from some states. The same thing happened to General Washington in the Revolutionary War. He suggested that being "so politically correct" Alaska may be shooting itself in the foot when a war really needs to be fought and an obstreperous governor could put the nation in greater danger. MR. APPLEBEE said in times of war the president has that power, but expanding the power to all emergencies is the issue. 9:39:49 AM CHAIR MCGUIRE said she agrees with Senator Stevens' comments, but the original insurrection act allows the president to act in times of war. "What we don't want to do is extend out to natural disasters, epidemics or serious public health emergencies." She said the legislature sent resolutions on the Patriot Act opposing unanticipated consequences. It's a new world with serious concerns, "but we have to be careful about how far we go, whether it's our individual sovereignty as a state or whether or not it's our individual liberties." SENATOR FRENCH said 51 governors sent a letter to Congress in opposition to the new federal language. SENATOR GREEN moved to report CSHJR 11 (STA)(Title am) from committee with individual recommendations and no fiscal notes. There being no objection, the motion carried.
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