Legislature(2017 - 2018)GRUENBERG 120

01/23/2018 03:00 PM STATE AFFAIRS

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03:02:41 PM Start
03:04:16 PM HB152
03:38:03 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 152 ORGANIZED MILITIA; AK ST. DEFENSE FORCE TELECONFERENCED
Heard & Held
- Bob Doehl, Deputy Commissioner, DMVA
- Brian Duffy, Division Director, DMVA
- Lt. Col. Chris Weaver, DMVA
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        January 23, 2018                                                                                        
                           3:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jonathan Kreiss-Tomkins, Chair                                                                                   
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chris Tuck                                                                                                       
Representative Adam Wool                                                                                                        
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative Gary Knopp                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Andy Josephson (alternate)                                                                                       
Representative Chuck Kopp (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 152                                                                                                              
"An Act relating to the organized militia; and relating to the                                                                  
authority of the adjutant general."                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 152                                                                                                                  
SHORT TITLE: ORGANIZED MILITIA; AK ST. DEFENSE FORCE                                                                            
SPONSOR(s): MILITARY & VETERANS' AFFAIRS                                                                                        
                                                                                                                                
03/06/17       (H)       READ THE FIRST TIME - REFERRALS03/06/17                                                                
                              (H) MLV, STA                                                                                      
03/14/17       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
03/14/17       (H)       -- MEETING CANCELED --                                                                                 
03/23/17       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
03/23/17       (H)       Heard & Held                                                                                           
03/23/17       (H)       MINUTE(MLV)                                                                                            
03/30/17       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
03/30/17       (H)       Heard & Held                                                                                           
03/30/17       (H)       MINUTE(MLV)                                                                                            
04/04/17       (H)       MLV AT 1:00 PM GRUENBERG 120                                                                           
04/04/17       (H)       Moved CSHB 152(MLV) Out of Committee                                                                   
04/04/17       (H)       MINUTE(MLV)                                                                                            
04/05/17       (H)       MLV RPT CS(MLV) 3DP 2DNP 1NR                                                                           
04/05/17       (H)       DP: SPOHNHOLZ, PARISH, TUCK                                                                            
04/05/17       (H)       DNP: REINBOLD, SADDLER                                                                                 
04/05/17       (H)       NR: LEDOUX                                                                                             
05/09/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
05/09/17       (H)       Heard & Held                                                                                           
05/09/17       (H)       MINUTE(STA)                                                                                            
01/23/18       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KENDRA KLOSTER, Staff                                                                                                           
Representative Chris Tuck                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered questions  during the  hearing on                                                             
CSHB 152(MLV), on behalf of Representative Tuck, prime sponsor.                                                                 
                                                                                                                                
BOB DOEHL, Deputy Commissioner                                                                                                  
Office of the Commissioner/Adjutant General                                                                                     
Department of Military & Veterans' Affairs (DMVA)                                                                               
Joint Base Elmendorf-Richardson (JBER), Alaska                                                                                  
POSITION STATEMENT:   Testified in  support of CSHB  152(MLV) and                                                             
answered questions during the hearing.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:02:41 PM                                                                                                                    
                                                                                                                                
CHAIR  JONATHAN KREISS-TOMKINS  called  the  House State  Affairs                                                             
Standing   Committee    meeting   to    order   at    3:02   p.m.                                                               
Representatives Tuck,  Wool, Birch,  Johnson, Knopp,  and Kreiss-                                                               
Tomkins  were  present at  the  call  to order.    Representative                                                               
LeDoux arrived as the meeting was in progress.                                                                                  
                                                                                                                                
[The  committee took  a brief  at-ease  at 3:03  p.m. to  resolve                                                               
sound system difficulties.]                                                                                                     
                                                                                                                                
3:04:16 PM                                                                                                                    
                                                                                                                                
         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.]                                                                                                              
                                                                                                                                
3:38:03 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 3:38                                                               
p.m.                                                                                                                            

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