Alaska 30th Legislature (2017-2018) Status: Passed House

HB 152 — An Act relating to the organized militia; and relating to the authority of the adjutant general.

Last action — Referred to State Affairs

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 30th Legislature (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

7 added · 9 removed

Plain-language change summary

The amended version of HB 152 has clarified the roles and responsibilities of the governor and the adjutant general concerning the organized militia, specifically the Alaska National Guard and Alaska Naval Militia. Key changes include the adjutant general's ability to order militia members into active service, with the condition that they must have consent, and the stipulation that the organized militia cannot be used against lawful activities, such as organized labor movements. These changes enhance oversight and ensure that the militia is used responsibly, reflecting a commitment to civil liberties and proper management of military resources in the state.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2017 Session Laws & Resolves 2018 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills CSHB 152(STA) Detail FullText txt CSHB 152(STA):
152(MLV) 01 "An Act relating to the organized militia;
152(STA) 01 "An Act relating to the organized militia;
AS 26.05.070 is amended to read:
09 Sec.
26.05.070.
Orders for [GOVERNOR MAY ORDER] organized 10 militia into active state service.
In the event of war, disaster, insurrection, rebellion, 11 tumult, catastrophe, wildland fire, invasion, or riot;
or if a mob or body of men act 12 together by force with intent to commit a felony or to offer violence to persons or 13 property, or by force and violence to break and resist the laws of the state, or the 14 United States;
or in the case of imminent danger of the occurrence of any of these 15 events;
or whenever responsible civil authorities fail to preserve law and order, or 16 protect life and property, or the governor believes that failure is imminent, the 17 governor may order the organized militia or any part of it, into active state service to 18 execute the laws and to perform duties in connection with them that the governor 19 considers proper.
Whenever any portion of the militia is ordered into active state 20 service by the governor, it becomes an additional police force, retaining its separate 21 entity and operating at all times as a military organization under military command, 22 with power to cooperate with but not to supersede the existing civilian law 23 enforcement officers whenever possible, for the re-establishment of law and order and 24 for the protection of life and property.
The governor may also order members of the 25 organized militia to active state service, with their consent, for the purpose of training 26 or for full-time duty with the office of the adjutant general.
[IN THE EVENT OF 27 WILDLAND FIRE, THE GOVERNOR MAY DELEGATE TO THE ADJUTANT 28 GENERAL THE GOVERNOR'S AUTHORITY UNDER THIS SECTION TO 29 ORDER SOME OR ALL OF THE ORGANIZED MILITIA INTO ACTIVE STATE 30 SERVICE TO FIGHT WILDLAND FIRE.
IN THIS SECTION, "WILDLAND FIRE" 31 INCLUDES THE UNCONTROLLED BURNING OF GRASS, BRUSH, TIMBER, AND OTHER VEGETATIVE MATERIAL.] 02 * Sec.
3.
03 (b) In the event of wildland fire, earthquake, flooding, or other natural 04 catastrophe, or under imminently serious conditions where time or circumstance does 05 not permit approval from the governor, the adjutant general may provide an immediate 06 response by temporarily ordering members of the organized militia into active state 07 service or otherwise employing the resources under its control, subject to any 08 supplemental direction by the governor, to save lives, prevent human suffering, or 09 mitigate great property damage in the state.
09 (b) The organized militia may not be used against or to mitigate a lawful 10 activity, including an organized labor activity.
10 (c) Notwithstanding (b) of this section, the adjutant general may not order any 11 part of the organized militia into active state service for actions that would subject 12 civilians to the use of military power that is regulatory, prescriptive, proscriptive, or 13 compulsory, unless approved by the governor before giving the order.
11 (c) The adjutant general may order members of the organized militia to active 12 state service, with their consent, for full-time duty with the office of the adjutant 13 general.
14 (d) The adjutant general shall make reasonable and continuous efforts to 15 contact the governor for approval of any orders issued under this section.
14 * Sec.
16 (e) If the adjutant general exercises the authority under (b) of this section, but 17 does not receive the governor's approval under (d) of this section, the adjutant general 18 shall reassess whether there remains a continued need for an organized militia 19 response as soon as practicable, but not later than 72 hours after the order under (b) of 20 this section was given.
3.
21 (f) The organized militia may not be used against or to mitigate a lawful 22 activity, including an organized labor activity.
23 (g) No part of the organized militia in active state service may leave the state 24 with arms or equipment of the state without the consent of the governor.
25 (h) The adjutant general may order members of the organized militia to active 26 state service, with their consent, for full-time duty with the office of the adjutant 27 general.
28 (i) In this section, "wildland fire" includes the uncontrolled burning of grass, 29 brush, timber, and other vegetative material.
30 * Sec.
4.
31 Sec.
15 Sec.
Whenever any portion of the militia is ordered to duty by the governor, the decision of the governor in this matter is 02 final.
Whenever any portion of the 16 militia is ordered to duty by the governor, the decision of the governor in this matter is 17 final.
Whenever any portion of the militia is ordered to duty by the adjutant 03 general, the decision is subject to review by the governor.
Whenever any portion of the militia is ordered to duty by the adjutant 18 general, the decision is subject to review by the governor.
04 * Sec.
19 * Sec.
5.
4.
05 Sec.
20 Sec.
With the consent of the United 06 States Congress, a [A] state militia, known as the Alaska State Defense Force, may 07 be organized through voluntary enlistments under regulations as to commission, 08 enlistment, administration, equipment, maintenance, discipline, and training that 09 may be prescribed by the adjutant general under AS 26.05.060 and 26.05.360 10 [GOVERNOR].
With the consent of the United 21 States Congress, a [A] state militia, known as the Alaska State Defense Force, may 22 be organized through voluntary enlistments under regulations as to commission, 23 enlistment, administration, equipment, maintenance, discipline, and training that 24 may be prescribed by the adjutant general under AS 26.05.060 and 26.05.360 25 [GOVERNOR].
During the time that the Alaska National Guard or the Alaska Naval 11 Militia, or any part of either of them, is not available to the state by reason of active 12 federal service, or the National Guard or Naval Militia requires augmentation to 13 perform its state mission, the governor may activate the Alaska State Defense Force.
During the time that the Alaska National Guard or the Alaska Naval 26 Militia, or any part of either of them, is not available to the state by reason of active 27 federal service, or the National Guard or Naval Militia requires augmentation to 28 perform its state mission, the governor may activate the Alaska State Defense Force.
14 Members of the Alaska State Defense Force performing inactive duty or training 15 or community service duties shall receive benefits under AS 26.05.260 if the 16 member suffers an injury, disability, or death while in the line of duty.
29 Members of the Alaska State Defense Force performing inactive duty or training 30 or community service duties shall receive benefits under AS 26.05.260 if the 31 member suffers an injury, disability, or death while in the line of duty.
17 * Sec.
* Sec.
6.
5.
18 (a) [THE ADJUTANT GENERAL SHALL ADOPT AND PUBLISH 19 ORDERS AND REGULATIONS NOT CONTRARY TO LAW THAT IN THE 20 ADJUTANT GENERAL'S JUDGMENT ARE NECESSARY TO BRING THE 21 ORGANIZATIONS, ARMAMENT, EQUIPMENT, AND DISCIPLINE OF THE 22 ORGANIZED MILITIA TO A HIGH DEGREE OF EFFICIENCY.] The adjutant 23 general shall perform all the administrative functions incident to the operation of the 24 Alaska National Guard, the Alaska State Defense Force, and the Alaska Naval 25 Militia.
02 (a) [THE ADJUTANT GENERAL SHALL ADOPT AND PUBLISH 03 ORDERS AND REGULATIONS NOT CONTRARY TO LAW THAT IN THE 04 ADJUTANT GENERAL'S JUDGMENT ARE NECESSARY TO BRING THE 05 ORGANIZATIONS, ARMAMENT, EQUIPMENT, AND DISCIPLINE OF THE 06 ORGANIZED MILITIA TO A HIGH DEGREE OF EFFICIENCY.] The adjutant 07 general shall perform all the administrative functions incident to the operation of the 08 Alaska National Guard, the Alaska State Defense Force, and the Alaska Naval 09 Militia.
In addition, the adjutant general shall have an inventory taken at least once 26 each year of all state military stores, property, and funds under the jurisdiction of the 27 adjutant general.
In addition, the adjutant general shall have an inventory taken at least once 10 each year of all state military stores, property, and funds under the jurisdiction of the 11 adjutant general.
28 * Sec.
12 * Sec.
7.
6.
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29 Sec.
13 Sec.
Adjutant general and assistant adjutant general duty 30 status.
Adjutant general and assistant adjutant general duty 14 status.
The adjutant general and assistant adjutants general are subject to regulations 31 under this chapter and paid according to state law.
The adjutant general and assistant adjutants general are subject to regulations 15 under this chapter and paid according to state law.
* Sec.
16 * Sec.
8.
7.
02 (b) When federal recognition of an officer's commission or warrant has been 03 withdrawn, the officer's state appointment as a commissioned or warrant officer may 04 be terminated, and the commission or warrant vacated upon [THE 05 RECOMMENDATION OF THE ADJUTANT GENERAL AND] approval of the 06 adjutant general [GOVERNOR].
17 (b) When federal recognition of an officer's commission or warrant has been 18 withdrawn, the officer's state appointment as a commissioned or warrant officer may 19 be terminated, and the commission or warrant vacated upon [THE 20 RECOMMENDATION OF THE ADJUTANT GENERAL AND] approval of the 21 adjutant general [GOVERNOR].
07 * Sec.
22 * Sec.
9.
8.
08 (d) Commissioned or warrant officers may tender their resignations through 09 National Guard or Naval Militia command channels.
23 (d) Commissioned or warrant officers may tender their resignations through 24 National Guard or Naval Militia command channels.
Resignations shall be in writing, 10 stating the reason for resignation, and shall take effect when accepted by the adjutant 11 general [UPON THE APPROVAL OF THE GOVERNOR].
Resignations shall be in writing, 25 stating the reason for resignation, and shall take effect when accepted by the adjutant 26 general [UPON THE APPROVAL OF THE GOVERNOR].
12 * Sec.
27 * Sec.
10.
9.
13 Sec.
28 Sec.
A commissioned officer and enlisted person upon 14 reaching the maximum age prescribed for active duty by appropriate regulations and a 15 commissioned officer or enlisted person who is disabled or incapacitated for active 16 duty through no personal fault or dereliction, and a commissioned officer or enlisted 17 person who serves honorably with the Alaska National Guard or with the Alaska 18 Naval Militia in any capacity and is unable to perform further active duty due to 19 limitations imposed by appropriate regulations may be placed upon the retired list 20 upon recommendation by the adjutant general [AND APPROVAL OF THE 21 GOVERNOR].
A commissioned officer and enlisted person upon 29 reaching the maximum age prescribed for active duty by appropriate regulations and a 30 commissioned officer or enlisted person who is disabled or incapacitated for active 31 duty through no personal fault or dereliction, and a commissioned officer or enlisted person who serves honorably with the Alaska National Guard or with the Alaska 02 Naval Militia in any capacity and is unable to perform further active duty due to 03 limitations imposed by appropriate regulations may be placed on [UPON] the retired 04 list upon recommendation by the adjutant general [AND APPROVAL OF THE 05 GOVERNOR].
22 * Sec.
06 * Sec.
11.
10.
23 (b) The armory of each battalion, company, or other unit is subject to the order 24 of the adjutant general and under the charge of its armory board which shall keep in 25 the armory all property furnished by the state.
07 (b) The armory of each battalion, company, or other unit is subject to the order 08 of the adjutant general and under the charge of its armory board which shall keep in 09 the armory all property furnished by the state.
[EXCEPT FOR SCOUT 26 BATTALIONS ORGANIZED UNDER SPECIAL AUTHORITY OF THE 27 SECRETARY OF THE ARMY, A UNIT MAY NOT BE FURNISHED WITH 28 ARMS OR EQUIPMENT UNTIL A SUITABLE ARMORY IS PROVIDED FOR 29 THEIR DEPOSIT.] Subject to regulations adopted by the adjutant general, an armory 30 may be used for any reasonable and legitimate civilian activity so long as the activity 31 does not interfere with its use for military purposes.
[EXCEPT FOR SCOUT 10 BATTALIONS ORGANIZED UNDER SPECIAL AUTHORITY OF THE 11 SECRETARY OF THE ARMY, A UNIT MAY NOT BE FURNISHED WITH 12 ARMS OR EQUIPMENT UNTIL A SUITABLE ARMORY IS PROVIDED FOR 13 THEIR DEPOSIT.] Subject to regulations adopted by the adjutant general, an armory 14 may be used for any reasonable and legitimate civilian activity so long as the activity 15 does not interfere with its use for military purposes.
[PROCEEDS RECEIVED AS RENTAL OR OTHERWISE AT AN ARMORY FROM NONMILITARY USE 02 SHALL BE DEPOSITED IN THE GENERAL FUND.] 03 * Sec.
[PROCEEDS RECEIVED AS 16 RENTAL OR OTHERWISE AT AN ARMORY FROM NONMILITARY USE 17 SHALL BE DEPOSITED IN THE GENERAL FUND.] 18 * Sec.
12.
11.
04 (a) To the extent funds are available, the adjutant general may authorize the 05 payment of up to 100 percent of the cost of tuition and required fees for each active 06 member of the Alaska National Guard, the Alaska State Defense Force, or the 07 Alaska Naval Militia if the member attends an educational, vocational, or technical 08 training school in this state.
19 (a) To the extent funds are available, the adjutant general may authorize the 20 payment of up to 100 percent of the cost of tuition and required fees for each active 21 member of the Alaska National Guard, the Alaska State Defense Force, or the 22 Alaska Naval Militia if the member attends an educational, vocational, or technical 23 training school in this state.
The adjutant general may prioritize categories of 09 education benefits to encourage recruitment and retention of Alaska National Guard, 10 Alaska State Defense Force, or Alaska Naval Militia members.
The adjutant general may prioritize categories of 24 education benefits to encourage recruitment and retention of Alaska National Guard, 25 Alaska State Defense Force, or Alaska Naval Militia members.
Payments 11 authorized under this section for active members of the Alaska National Guard, the 12 Alaska State Defense Force, or the Alaska Naval Militia continue so long as the 13 active member is a student in good standing in the educational program or class and 14 participates satisfactorily in unit training activities.
Payments 26 authorized under this section for active members of the Alaska National Guard, the 27 Alaska State Defense Force, or the Alaska Naval Militia continue so long as the 28 active member is a student in good standing in the educational program or class and 29 participates satisfactorily in unit training activities.
15 * Sec.
30 * Sec.
13.
12.
16 (b) The regulations adopted under this section must 17 (1) provide for nonjudicial punishment;
31 (b) The regulations adopted under this section must (1) provide for nonjudicial punishment;
the regulations for nonjudicial 18 punishment may not provide for confinement or separation from military service or 19 prohibit a member of the militia from declining the imposition of nonjudicial 20 punishment in favor of a court-martial;
the regulations for nonjudicial 02 punishment may not provide for confinement or separation from military service or 03 prohibit a member of the militia from declining the imposition of nonjudicial 04 punishment in favor of a court-martial;
21 (2) as the adjutant general and the governor consider practicable, apply 22 the principles of law and the rules of evidence and procedure governing military 23 criminal cases in the courts of the armed forces of the United States, but may not be 24 contrary to or inconsistent with this chapter or the applicable Alaska Rules of 25 Evidence;
05 (2) as the adjutant general and the governor consider practicable, apply 06 the principles of law and the rules of evidence and procedure governing military 07 criminal cases in the courts of the armed forces of the United States, but may not be 08 contrary to or inconsistent with this chapter or the applicable Alaska Rules of 09 Evidence;
26 (3) include rules of pretrial, trial, and post-trial procedure, including 27 methods of proof, for cases before courts-martial and courts of inquiry;
10 (3) include rules of pretrial, trial, and post-trial procedure, including 11 methods of proof, for cases before courts-martial and courts of inquiry;
28 (4) not be contrary to federal law or regulations.
12 (4) not be contrary to federal law or regulations.
29 * Sec.
13 * Sec.
14.
13.
30 (e) The regulations adopted under this section must conform as nearly as 31 practicable to regulations governing the armed forces of the United States.
14 (e) The regulations adopted under this section must conform as nearly as 15 practicable to regulations governing the armed forces of the United States.
* Sec.
16 * Sec.
15.
14.
02 Sec.
17 Sec.
The governor may delegate any 03 authority vested in the governor under the code of military justice, and provide for the 04 subdelegation of the authority, except the powers given to the governor by 05 AS 26.05.450 [AS 26.05.170 AND 26.05.450].
The governor may delegate any 18 authority vested in the governor under the code of military justice, and provide for the 19 subdelegation of the authority, except the powers given to the governor by 20 AS 26.05.450 [AS 26.05.170 AND 26.05.450].
06 * Sec.
21 * Sec.
16.
15.
AS 26.05.170, 26.05.235, 26.05.340(a), 26.05.340(b), and 26.05.340(d) are 07 repealed.
AS 26.05.170, 26.05.235, 26.05.340(a), and 26.05.340(d) are repealed.
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Action History

  1. Referred to State Affairs

  2. Referred to State Affairs and Judiciary

  3. Read the first time - REFERRALS

  4. VERSION: CSHB 152(STA)

  5. TRANSMITTED TO (S)

  6. PASSED Y23 N14 E3

  7. RET 3RD/RESCIND ACTION (FLD) PASSAGE Y28 N9 E3

  8. ENGROSSED

  9. RECON TAKEN UP SAME DAY MOTION WITHDRAWN

  10. EASTMAN NOTICE OF RECONSIDERATION MOTION WITHDRAWN

  11. FAILED PASSAGE Y20 N18 E1 V1

  12. Read the third time CSHB 152(STA)

  13. ADVANCED TO THIRD READING UC

  14. STA CS ADOPTED UC

  15. Read the second time

  16. RULES TO CALENDAR 3/7/2018

  17. Fiscal Note 2: No fiscal impact (Military and Veterans' Affairs)

  18. STA No Recommendation: BIRCH, WOOL, LEDOUX

  19. STA Do Not Pass: KNOPP

  20. STA Do Pass: TUCK, KREISS-TOMKINS

  21. STA RPT CS(STA) 2DP 1DNP 3NR

  22. Fiscal Note 1: No fiscal impact (Military and Veterans' Affairs)

  23. MLV No Recommendation: LEDOUX

  24. MLV Do Not Pass: REINBOLD, SADDLER

  25. MLV Do Pass: SPOHNHOLZ, PARISH, TUCK

  26. MLV RPT CS(MLV) 3DP 2DNP 1NR

  27. Referred to Military & Veterans and State Affairs

  28. Read the first time - REFERRALS

Sponsors

  • MILITARY & VETERANS' AFFAIRS · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on · 4 voted No

Sponsors (1)

  • MILITARY & VETERANS' AFFAIRS

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Shall CSHB 152(STA) pass the House?

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 161003
D 4000
N 1000
R 2400
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Birch — Nay
Chenault — Not Voting
Drummond — Yea
Eastman — Nay
Gara — Yea
Grenn — Yea
Guttenberg — Yea
Johnston — Nay
Kito — Yea
Knopp — Nay
Kreiss-Tomkins — Yea
LeDoux — Yea
Lincoln — Yea
Millett — Not Voting
Neuman — Nay
Ortiz — Yea
Parish — Yea
Pruitt — Nay
Reinbold — Nay
Seaton — Yea
Spohnholz — Yea
Sullivan-Leonard — Nay
Talerico — Not Voting
Tarr — Yea
Thompson — Nay
Tuck — Yea
Wool — Yea
Zulkosky — Yea
Wilson — Nay
Andy Josephson D Yea
Matt Claman D Yea
Neal Foster D Yea
Scott Kawasaki D Yea
Bryce Edgmon N Yea
Cathy Tilton R Nay
Chuck Kopp R Nay
Dan Saddler R Nay
DeLena Johnson R Yea
George Rauscher R Nay
Louise Stutes R Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 152?
HB 152 is sponsored by MILITARY & VETERANS' AFFAIRS.
What is the current status of HB 152?
This bill died with 30th Legislature (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 152?
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