AKCODE

Revisor’s notes. —

The provisions of this title were redrafted in 1986 to remove personal pronouns pursuant to § 4, ch. 58, SLA 1982 and in 1986, 1992, 2004, 2012, and 2019 to make other minor word changes.

Chapter 03. Division of Recruitment and Retention.

Sec. 26.03.010. Recruitment and retention division.

There is created within the Department of Military and Veterans’ Affairs a division of recruitment and retention.

History. (§ 1 ch 187 SLA 1970; am E.O. No. 58, § 3 (1984))

Sec. 26.03.020. Appointment of director.

The adjutant general shall appoint a director who is at least an administrative officer three.

History. (§ 1 ch 187 SLA 1970)

Sec. 26.03.030. Authority and duties of the director.

The director shall

take the necessary steps to assure that unemployed guardsmen have the opportunity to acquire employment through the state and federal governments;
keep guardsmen advised of all privileges and benefits available to them from the state and federal governments;
act as a coordinator with the state and federal governments in an effort to increase the availability of education and training programs for guardsmen;
compile a list of guardsmen and their educational and training qualifications and submit it to the federal and state agencies for possible job placement;
prepare a program whereby guardsmen are trained in firefighting and related skills and coordinate this effort with state and federal programs; and
provide counseling service for guardsmen in order to find educational, training, and employment opportunities for them.

History. (§ 1 ch 187 SLA 1970)

Chapter 05. Code of Military Justice.

History. (§ 4 ch 55 SLA 2016)

Administrative Code. —

For national guard/naval militia retirement system, see 2 AAC 37, art. 5.

Article 1. Alaska Militia.

Sec. 26.05.010. Alaska militia established.

The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, who reside in the state, who are at least 17 years of age, and who are eligible for military service under the laws of the United States or this state.
The militia is divided into two classes:
1. the organized militia, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force; and
2. the unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia.
The adjutant general may, by regulation, prescribe the maximum age for eligibility in the militia.

History. (§ 2 ch 150 SLA 1955; am § 1 ch 44 SLA 1968; am § 1 ch 141 SLA 1972; am § 1 ch 5 SLA 1987; am § 3 ch 25 SLA 2000; am § 2 ch 70 SLA 2000)

Notes to Decisions

Use of National Guard to execute search warrant. —

Under Alaska Const., art. III, § 19, the governor is authorized to use of National Guard to execute the laws, and there is no provision of this chapter that prohibited the use of National Guard soldiers to execute search warrants. Wallace v. State, 933 P.2d 1157 (Alaska Ct. App. 1997), cert. denied, 528 U.S. 987, 120 S. Ct. 447, 145 L. Ed. 2d 364 (U.S. 1999).

Collateral references. —

53 Am. Jur. 2d, Military, and Civil Defense, § 1 et seq.

6 C.J.S., Armed Services, § 341 et seq.

Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service. 8 ALR4th 704.

Sec. 26.05.020. Exemption from military service.

The following are exempt from militia service: persons exempt by the laws of the United States, judges of the courts of the state, and members and officers of the state legislature.

History. (§ 3 ch 150 SLA 1955)

Sec. 26.05.030. Composition of organized militia.

The Alaska National Guard consists of
1. members of the militia who have voluntarily enlisted and who, upon original enlistment, are organized, armed, equipped, and federally recognized according to the laws of the United States; and
2. commissioned officers and warrant officers who are citizens of the United States, having the qualifications prescribed by federal law and regulations, and who are appointed and commissioned or warranted by the governor.
Former members of the regular Army, Navy, or Marine Corps under 64 years of age may enlist in the Alaska Militia.
The Alaska Naval Militia consists of units authorized by the governor, organized, equipped, trained, and administered as prescribed by state and federal law and regulation, and manned by personnel who are
1. members of the United States Naval Reserve or the United States Marine Corps Reserve and
2. enlisted, appointed, commissioned, or warranted under the laws and regulations of the United States.
The Alaska State Defense Force consists of units authorized by the governor and manned by volunteer personnel qualifying under state law and regulation. All Alaska State Defense Force personnel shall be
1. appointed, commissioned, or warranted, and assigned by the governor or the adjutant general as the governor’s designee;
2. subject to serve on state active duty at the call and by order of the governor.
[Repealed, § 102 ch 127 SLA 1974.]

History. (§ 4 ch 150 SLA 1955; am § 2 ch 44 SLA 1968; am § 13 ch 141 SLA 1972; am § 102 ch 127 SLA 1974; am § 4 ch 25 SLA 2000; am § 3 ch 70 SLA 2000)

Revisor’s notes. —

The 2000 amendments to this section were harmonized by the revisor.

Sec. 26.05.040. Ratification and confirmation of existing military forces. [Repealed, § 38 ch 30 SLA 1992.]

Sec. 26.05.050. Authority for organization.

The governor as commander in chief may organize units in communities so requesting and specifically provide for organization of at least two scout battalions in the western and northwestern coastal areas and northern Arctic regions of the state, in accordance with special authority of the United States Department of Defense.

History. (§ 6 ch 150 SLA 1955)

Sec. 26.05.060. Control of Alaska National Guard and Alaska Naval Militia.

The governor as ex officio commander of the militia of the state has command of the Alaska National Guard and the Alaska Naval Militia while they are not in active federal service. The governor may adopt necessary regulations for them. The Alaska National Guard and the Alaska Naval Militia and their members are subject to all federal laws and regulations relating to the National Guard and Naval Militia of the several states and territories and of the United States.

History. (§ 7 ch 150 SLA 1955; am § 1 ch 34 SLA 1973; am § 3 ch 6 SLA 2012)

Notes to Decisions

Application of federal law. —

In the absence of any supplementary regulation pursuant to this section or AS 26.05.340 , the state has adopted federal law and regulation for administering and managing full-time National Guard personnel; therefore, a member who was involuntarily terminated was not entitled to the protections of the Alaska Personnel Act. State, Dep't of Military & Veterans Affairs v. Bowen, 953 P.2d 888 (Alaska 1998).

Sec. 26.05.070. Governor may order organized militia into active state service.

In the event of war, disaster, insurrection, rebellion, tumult, catastrophe, wildland fire, invasion, or riot; or if a mob or body of men act together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of the state, or the United States; or in the case of imminent danger of the occurrence of any of these events; or whenever responsible civil authorities fail to preserve law and order, or protect life and property, or the governor believes that failure is imminent, the governor may order the organized militia or any part of it, into active state service to execute the laws and to perform duties in connection with them that the governor considers proper. Whenever any portion of the militia is ordered into active state service by the governor, it becomes an additional police force, retaining its separate entity and operating at all times as a military organization under military command, with power to cooperate with but not to supersede the existing civilian law enforcement officers whenever possible, for the re-establishment of law and order and for the protection of life and property. The governor may also order members of the organized militia to active state service, with their consent, for the purpose of training or for full-time duty with the office of the adjutant general. In the event of wildland fire, the governor may delegate to the adjutant general the governor’s authority under this section to order some or all of the organized militia into active state service to fight wildland fire. In this section, “wildland fire” includes the uncontrolled burning of grass, brush, timber, and other vegetative material.

History. (§ 8 ch 150 SLA 1955; am § 1 ch 50 SLA 2008)

Legislative history reports. —

For governor’s transmittal letter for ch. 50, SLA 2008 (HB 326) relating to use of the organized militia in active service, including service related to fighting wildfires, see 2008 House Journal 1737 — 1739.

Opinions of attorney general. —

The Alaska State Defense Force (ASDF) is a “State law enforcement agency” when it is called to active state service under AS 26.05.070 to assist the Coast Guard. ASDF personnel are “State law enforcement officers” for purposes of assisting the Coast Guard. The law enforcement authority of the ASDF is limited by the terms and purpose of the activation order and may also be limited by the Coast Guard in its request for assistance. 2006 Alas. Op. Att'y Gen. No. 1.

Sec. 26.05.075. Leave and reemployment rights of the organized militia.

An employer shall grant a leave of absence to an employee who is
1. a member of the organized militia to perform active state service under AS 26.05.070 ; or
2. a resident of the state and a member of the National Guard of another state to perform active National Guard service under a law of that state.
When an employee is released from a period of active state service under AS 26.05.070 or active National Guard service under the law of another state, or discharged from hospitalization that arose from that active service, the employee is entitled to return to the employee’s former position, or a comparable position, at the pay, seniority, and benefit level the employee would have had if the employee had not been absent as a result of that active service. An employee, other than an employee who has been hospitalized, shall report for work at the beginning of the workday following the last calendar day necessary to travel from the site of active state service, or active National Guard service in another state, to the employee’s work site. An employee who has been hospitalized shall report for work at the beginning of the workday following the last calendar day necessary to travel from the hospital or place of recuperation to the employee’s work site. If the employee fails to return to work at that time, the employer may impose whatever discipline is provided by the employer’s rules of conduct for unexcused absence from work.
If an employee is not qualified to perform the duties of the employee’s position as a result of permanent disability sustained because of the employee’s active state service but is qualified to perform the duties of another position with the employer, the employer shall offer an employee who requests reemployment the available, vacant position that most closely approximates the pay and benefits of the employee’s previous position and that the employee is qualified for and capable of performing. An employee loses the right to reemployment under this subsection unless the employee requests reemployment within 30 days after receiving a statement from the employee’s treating physician indicating both that the employee has reached maximum recovery and that the employee is released to return to full-time work.
For employees other than state employees, the Department of Labor and Workforce Development shall enforce this section by appropriate regulations. For state employees, the division of personnel in the Department of Administration shall enforce this section. Regulations adopted under this section may provide for orders of reinstatement and back pay if appropriate. For employees other than state employees, contested cases arising under this section are to be handled under AS 44.62.330 — 44.62.630 . Appeals involving state employees must be made to the personnel board under the procedure set out in the state’s personnel rules for grievances.
Notwithstanding (f) of this section, a person aggrieved under this section may bring an action in superior court no sooner than 30 days after giving notice to the Department of Labor and Workforce Development, or, in the case of a state employee, to the director of the division of personnel. The action must be brought within two years after the claim arose.
A collective bargaining agreement entered into in the state after September 2, 1990 may not contain provisions contrary to this subsection.
This section does not affect AS 39.20.340 or 39.20.350 governing paid leave and reinstatement of state and local employees for certain military activities.
An employee is not entitled to return to the employee’s former position, or a comparable position, at the pay, seniority, and benefit level the employee would have had if
1. the employer’s circumstances have changed, making employment impossible or unreasonable; or
2. employment would impose an undue hardship on the employer.
In this section, “state” has the meaning given in AS 01.10.060 .

History. (§ 1 ch 77 SLA 1990; am §§ 1 — 3 ch 36 SLA 2018)

Revisor’s notes. —

In 1999, in (d) and (e) of this section, “Department of Labor” was changed to “Department of Labor and Workforce Development” in accordance with § 90, ch. 58, SLA 1999.

Effect of amendments. —

The 2018 amendment, effective September 21, 2018, in (a), in the introductory language, inserted “a leave of absence” following “shall grant”, in (a)(1), deleted “a leave of absence” following “organized militia”, added (a)(2), and made related change; in (b), inserted “or active National Guard service under the law of another state,” following “AS 26.05.070 ” and substituted “that active service” for “active state service” twice in the first sentence, in the second sentence inserted “, or active National Guard service in another state,” following “active state service”; added (h) and (i).

Sec. 26.05.080. Decision of governor final.

Whenever any portion of the militia is ordered to duty by the governor, the decision of the governor in this matter is final.

History. (§ 9 ch 150 SLA 1955)

Sec. 26.05.090. Proclamations of martial law.

The governor may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion, and may order all or any part of the organized militia into active state service to enforce the proclamation. The militia shall assume only those functions of civil government specified by the governor, or those that, in the discretion of the militia commander, must be assumed in order to accomplish a specific mission assigned by the governor. Martial law may not continue for longer than 20 days without the approval of a majority of the members of the legislature in joint session.

History. (§ 10 ch 150 SLA 1955; am § 1 ch 45 SLA 1968)

Legislative history reports. —

For report on ch. 45, SLA 1968 (HCSSB 246), see 1968 House Journal, p. 422.

Sec. 26.05.100. Alaska State Defense Force.

A state militia, known as the Alaska State Defense Force, may be organized through voluntary enlistments under regulations as to discipline and training that may be prescribed by the governor. During the time that the Alaska National Guard or the Alaska Naval Militia, or any part of either of them, is not available to the state by reason of active federal service, or the National Guard or Naval Militia requires augmentation to perform its state mission, the governor may activate the Alaska State Defense Force.

History. (§ 11 ch 150 SLA 1955; am § 1 ch 159 SLA 1966; am § 2 ch 34 SLA 1973; am § 4 ch 70 SLA 2000)

Sec. 26.05.110. Governor may order unorganized militia into active service.

In the event of imminent invasion by a foreign power and for the same reasons set forth in AS 26.05.070 , if the governor has ordered into active service all of the available organized militia or if the organized militia is in active federal service, the governor may order the unorganized militia or any portion of it considered necessary into active service, and have them perform military duty for the state subject to this chapter, as the circumstances require.

History. (§ 12 ch 150 SLA 1955)

Sec. 26.05.120. Penalty for failure to obey call.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.130. Penalty for physician making false certificate.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to members of the organized militia; contracts.

The provisions of 50 U.S.C. 3901 — 4043 (Servicemembers Civil Relief Act), pertaining to consumer transactions and the temporary suspension of enforcement of civil liabilities of persons in the military service of the United States apply to members of the organized militia while on active duty for the state by order of the governor.
In addition to the rights and protections provided under 50 U.S.C. 3901 — 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may terminate a contract for any of the following services provided in this state if the servicemember receives official orders to relocate for a period of military service of at least 90 days to a location that does not support the contract and the servicemember provides written notice to the service provider as required under (c) of this section:
1. Internet services;
2. athletic club or gym memberships;
3. satellite radio services; or
4. television services.
To terminate a contract under (b) of this section, the servicemember shall provide the service provider with (1) written notice that the servicemember is terminating the contract and the date the contract terminates, and (2) proof of the official orders calling the servicemember into active military service. If possible, the servicemember shall provide the proof of the official orders at the same time the servicemember provides written notice terminating the contract. If, because of military necessity or other circumstances, the servicemember is unable to provide proof of official orders at the time the servicemember provides written notice terminating the contract, the servicemember shall provide proof of the official orders not more than 90 days after providing written notice terminating the contract. A termination of contract under this section is effective on the later of the following: the termination date the servicemember indicates in the written notice terminating the contract or the date the servicemember provides the written notice terminating the contract.
A servicemember who terminates a contract under this section may reinstate the contract when the servicemember is no longer in active military service if the servicemember provides written notice not later than 90 days after the active military service ends. Not later than 30 days after receiving a written notice of reinstatement of a contract under this subsection, a service provider shall resume providing services under the contract to the servicemember or, if the services previously provided are no longer available, shall provide substantially similar services to the servicemember.
A service provider may not charge to a servicemember a penalty, fee, or other cost, or retain the deposit of a servicemember, who terminates a contract under this section. A servicemember who terminates a contract under this section is not liable for payment for any services after the effective date of the termination of a contract under this section.
In this section,
1. “organized militia” includes the units of the militia described in AS 26.05.010(b)(1) ;
2. “servicemember” means a member of the armed forces of the United States or a member of the organized militia of the state.

History. (§ 1 ch 96 SLA 1976; am §§ 7, 8 ch 85 SLA 2018)

Cross references. —

For provision providing that the 2018 amendments to this section apply “only to a contract entered into on or after August 14, 2018”, see sec. 42(a), ch. 85, SLA 2018, in the 2018 Temporary and Special Acts.

Effect of amendments. —

The 2018 amendment, effective August 14, 2018, in (a), substituted “50 U.S.C. 3901 — 4043 (Servicemembers Civil Relief Act)” for “50 U.S.C. App. 501 — 590,” following “The provisions of”, substituted “organized militia” for “Alaska National Guard and Alaska Naval Militia” following “apply to members of the”; added (b) — (f). Although the 2018 amendments were to have taken effect July 1, 2018, under sec. 46, ch. 85, SLA 2018, the governor did not sign the bill until August 13, 2018, and so the actual effective date of the amendments was August 14, 2018, under AS 01.10.070(d) .

Sec. 26.05.140. Suits against officers and enlisted persons.

Members of the militia ordered into active service for the state by order of the governor are not liable civilly for any act done by them in their official capacity while in such service. If a suit is commenced in a court against an officer or enlisted person of the militia as a result of an act done by the officer or enlisted person in an official capacity while in active service, the defendant may be defended by the attorney general at the expense of the state but the defendant may employ private counsel. Nothing in this subsection applies to a proceeding or action brought under this chapter or the code of military justice.
The state has not waived its sovereign immunity and is not liable for the acts or omissions of members of the organized militia, unless those members were ordered into active state service by the governor under AS 26.05.070 and the members were acting in the line of duty of those orders. This subsection does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.

History. (§ 15 ch 150 SLA 1955; am § 2 ch 141 SLA 1972; am § 3 ch 43 SLA 2003; am § 2 ch 55 SLA 2016)

Cross references. —

For statement of legislative purpose applicable to (b) of this section, see § 1, ch. 43, SLA 2003, in the 2003 Temporary and Special Acts.

Effect of amendments. —

The 2016 amendment, effective August 7, 2016, in (a), deleted “or criminally” following “civilly” in the first sentence, deleted “require the person instituting the suit to give security for the payment of costs. If judgment is for the defendant, treble costs shall be assessed against the plaintiff. The defendant in the action shall” preceding “be defended by” in the second sentence, added the last sentence. Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA 2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which added subsection (b), see 2003 House Journal 777—783.

Collateral references. —

Official immunity of state national guard members, 52 ALR4th 1095.

Sec. 26.05.145. Suits by members of the military services.

A civil action for damages may not be brought by or on behalf of a member of the military services against the state or against any employee of the state or any member or former member of the Alaska militia for wrongful death, personal injury, or other tort claim or injury arising out of activities that were incident to the member’s military service.
This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.
In this section, “military service” means service in the United States military, the militia described in AS 26.05.010(b) , or the national guard of another state.

History. (§ 4 ch 43 SLA 2003)

Revisor’s notes. —

In 2012, subsection (b) was relettered as (c), and subsection (c) was relettered as (b).

Cross references. —

For statement of legislative purpose applicable to this section, see § 1, ch. 43, SLA 2003, in the 2003 Temporary and Special Acts.

For applicability provision relating to this section, see § 13, ch. 43, SLA 2003, in the 2003 Temporary and Special Acts.

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which added this section, see 2003 House Journal 777—783.

Sec. 26.05.150. Not liable for exercise of judgment.

A commanding officer of the Alaska militia engaged under proper authority in the suppression of any of those acts listed in AS 26.05.070 may determine the means to be used in controlling or dispersing any mob or other unlawful assembly. A commanding officer who exercises this discretion is not liable in either a civil or criminal action for an act done in the line of duty.

History. (§ 16 ch 150 SLA 1955)

Sec. 26.05.160. Appointment, qualifications, and duties of adjutant general.

The adjutant general of the state is appointed by the governor. In appointing the adjutant general, the governor may give preference to a person who has served at least five years in the Alaska Army National Guard or the Alaska Air National Guard. The governor shall prescribe the grade of the adjutant general, which may not exceed lieutenant general. To be eligible for appointment as adjutant general, a person must be a citizen of the state and must be a federally recognized general-grade officer in the Alaska National Guard or an officer who has the qualifications to gain federal recognition as a general-grade officer either in active status or in retirement status eligible for reappointment as a general-grade officer. The adjutant general shall make returns and reports to the Chief, National Guard Bureau, and to the governor or to the officers designated by the Chief, National Guard Bureau, and the governor, at the times and in the form prescribed.
The adjutant general shall execute a bond running to the state in the penal sum of $20,000 conditioned upon the faithful performance of the adjutant general’s duties. The attorney general shall approve the bond and the bond shall be filed with the Department of Administration. The state shall pay the cost of the bond.
The adjutant general is the official liaison between the state and the active military in the state. The adjutant general shall provide advice and assistance to state agencies having dealings with the active military in the state.
The adjutant general is the official liaison between the state and the federal Department of Veterans Affairs. The adjutant general shall provide advice and assistance to state agencies having dealings with the federal Department of Veterans Affairs.
The adjutant general is the official liaison between the state and the Federal Emergency Management Agency in the state. The adjutant general shall provide advice and assistance to state agencies having dealings with the Federal Emergency Management Agency.

History. (§ 17 ch 150 SLA 1955; am § 1 ch 4 SLA 1965; am § 1 ch 57 SLA 1967; am § 1 ch 6 SLA 1992; am § 1 ch 15 SLA 2007)

Collateral references. —

53 Am. Jur. 2d, Military, and Civil Defense, §§ 36—46.

6 C.J.S., Armed Services, § 344.

Sec. 26.05.170. Governor’s command and instructions exercised through the adjutant general.

The governor’s command is exercised through the adjutant general, who shall carry out the policies of the governor in military affairs. The adjutant general represents the governor and shall act in conformity with the governor’s instructions. The adjutant general shall exercise control over the military department of the state.

History. (§ 18 ch 150 SLA 1955)

Sec. 26.05.180. Headquarters staff of Alaska National Guard.

The headquarters of the Alaska National Guard is composed of an Army National Guard component, an Air National Guard component and a Naval Militia component. The Army National Guard component and the Air National Guard component shall each be commanded by an assistant adjutant general appointed by the adjutant general with the concurrence of the governor. An assistant adjutant general shall, while holding office, have the grade of brigadier general or a lower grade that the adjutant general may prescribe. On initial appointment an assistant adjutant general must hold a federally-recognized field-grade commission with at least five years service in the Alaska Army National Guard or in the Alaska Air National Guard.
The adjutant general may appoint necessary officers, enlisted persons, and civilian employees to the headquarters staff.

History. (§ 19 ch 150 SLA 1955; am § 1 ch 46 SLA 1965; am § 1 ch 122 SLA 1971; am § 3 ch 141 SLA 1972; am § 3 ch 34 SLA 1973)

Sec. 26.05.185. Assistant adjutant general for space and missile defense.

The adjutant general, with the concurrence of the governor, may appoint an assistant adjutant general for space and missile defense. The adjutant general for space and missile defense is the official military representative of the state in matters pertaining to the development and deployment of a missile defense program in this state.
The assistant adjutant general for space and missile defense shall be a federally recognized general-grade officer in the Alaska National Guard or an officer in the grade of colonel in the Alaska National Guard who has qualifications to gain federal recognition as a general-grade officer.
The position of assistant adjutant general for space and missile defense is authorized for the duration of the development and deployment of a missile defense program in this state, subject to the availability of federal funding for that purpose.

History. (§ 1 ch 30 SLA 2001)

Sec. 26.05.190. Administration.

The adjutant general shall adopt and publish orders and regulations not contrary to law that in the adjutant general’s judgment are necessary to bring the organizations, armament, equipment, and discipline of the organized militia to a high degree of efficiency. The adjutant general shall perform all the administrative functions incident to the operation of the Alaska National Guard and the Alaska Naval Militia. In addition the adjutant general shall have an inventory taken at least once each year of all state military stores, property, and funds under the jurisdiction of the adjutant general.
[Repealed, § 35 ch 126 SLA 1994.]
[Repealed, § 1 ch 37 SLA 1968.]
[Repealed, § 1 ch 66 SLA 1967.]
The adjutant general shall maintain the Alaska Decoration of Honor Roll.

History. (§ 20 ch 150 SLA 1955; am § 1 ch 66 SLA 1967; am § 1 ch 19 SLA 1968; am § 1 ch 37 SLA 1968; am § 4 ch 34 SLA 1973; am § 35 ch 126 SLA 1994; am § 1 ch 45 SLA 2007)

Sec. 26.05.200. Officers’ qualifications, appointment, and tenure.

A person may not be commissioned or warranted in an office of the National Guard or the Naval Militia of the state unless the person is examined and adjudged qualified for the office by an examining board appointed by the commander in chief, except that at the discretion of the adjutant general the proceedings of federal examining boards may be accepted instead of a state board. The composition, appointment, and procedure of examining boards and the nature and scope of examinations shall be as prescribed by the military laws or regulations of the United States or this state.

History. (§ 21 ch 150 SLA 1955; am § 5 ch 34 SLA 1973)

Collateral references. —

53 Am. Jur. 2d, Military and Civil Defense, § 41.

6 C.J.S. Armed Services § 344.

Sec. 26.05.210. Removal of officers.

The adjutant general and the assistant adjutants general serve at the pleasure of the governor.
When federal recognition of an officer’s commission or warrant has been withdrawn, the officer’s state appointment as a commissioned or warrant officer may be terminated, and the commission or warrant vacated upon the recommendation of the adjutant general and approval of the governor.
When a commissioned or warrant officer has successfully completed the prescribed term of service so as to be eligible for retirement, the officer may be placed upon the retired list upon the recommendation of the adjutant general and approval of the governor.
Commissioned or warrant officers may tender their resignations through National Guard or Naval Militia command channels. Resignations shall be in writing, stating the reason for resignation, and shall take effect when accepted by the adjutant general upon the approval of the governor.

History. (§ 22 ch 150 SLA 1955; am § 1 ch 20 SLA 1968; am § 6 ch 34 SLA 1973)

Sec. 26.05.220. Retired list.

A commissioned officer and enlisted person upon reaching the maximum age prescribed for active duty by appropriate regulations and a commissioned officer or enlisted person who is disabled or incapacitated for active 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 Naval Militia in any capacity and is unable to perform further active duty due to limitations imposed by appropriate regulations may be placed upon the retired list upon recommendation by the adjutant general and approval of the governor.

History. (§ 23 ch 150 SLA 1955; am § 4 ch 141 SLA 1972; am § 7 ch 34 SLA 1973)

Sec. 26.05.222. Creation and administration of Alaska National Guard and Alaska Naval Militia retirement system.

There is established an Alaska National Guard and Alaska Naval Militia retirement system. The commissioner of administration shall administer the Alaska National Guard and Alaska Naval Militia retirement system.
The commissioner of administration may adopt regulations to implement the Alaska National Guard and Alaska Naval Militia retirement system. Regulations adopted by the commissioner under this subsection relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act).

History. (§ 17 ch 159 SLA 1972; am § 9 ch 146 SLA 1980; am § 33 ch 137 SLA 1982)

Administrative Code. —

For national guard/naval militia retirement system, see 2 AAC 37, art. 5.

Sec. 26.05.223. Commencement of participation in system.

A member of the Alaska National Guard or Alaska Naval Militia shall be included in this system upon commencement of membership in the Alaska National Guard, or on January 1, 1973, whichever is later, or upon commencement of membership in the Alaska Naval Militia or on July 1, 1980, whichever is later.

History. (§ 17 ch 159 SLA 1972; am § 10 ch 146 SLA 1980)

Sec. 26.05.224. Retirement benefits.

An active member of the Alaska National Guard, or a former member who was an active member on or after January 1, 1969, or a member of the Alaska Naval Militia on or after July 1, 1980, is eligible for a retirement pension
1. upon voluntary retirement from the Alaska National Guard or Alaska Naval Militia after a total of 20 years or more of satisfactory service in the Alaska National Guard, Alaska Naval Militia, or the armed forces of the United States, and the reserves of them, or any combination of service in these components if at least five years of the service is in the Alaska National Guard or Alaska Naval Militia; or
2. upon involuntary separation because of federal standards imposed on the Alaska National Guard or Alaska Naval Militia, regardless of length of service, unless the separation occurs as a result of the member’s own misconduct, misrepresentation, or unwillingness to satisfy established standards for continued participation.
The retirement pension is $100 a month, payable for the same number of months that the member participated satisfactorily in the Alaska National Guard or Alaska Naval Militia. The member may instead elect to receive the retirement pension
1. in a lump sum that is actuarially determined to be equal to the value, at the time of retirement, of the entire pension due; or
2. in a monthly amount that will result in payment by the member’s 72nd birthday of an amount that is determined to be the actuarial equivalent of the entire pension due at the time of retirement.
An eligible member or former member may elect to receive the retirement pension beginning on the first day of the month in which the member or former member becomes eligible for retirement, or the member or former member may elect to defer payment to a later date. Payment of a deferred retirement benefit may not begin until application for the benefit is filed with and approved by the Department of Military and Veterans’ Affairs. Deferred retirement payments shall be made monthly at the rate of $100, unless the member elects another form of payment under (b) of this section.
Upon the death of an active member who has at least five years service in the Alaska National Guard or Alaska Naval Militia or a combination of these components, the member’s designated beneficiary is entitled to a lump sum benefit calculated in accordance with (b) of this section. Upon the death of a former member who has at least 20 years service, the former member’s designated beneficiary is entitled to a lump sum benefit calculated in accordance with (b) of this section less any retirement benefits previously paid. Except as provided in (e) of this section, a member may change or revoke the designation of a beneficiary without notice to the beneficiary at any time. If a member designates more than one beneficiary, each shares equally unless the member specifies a different allocation. The member shall make a designation of a beneficiary or a change or revocation of a beneficiary on a form provided by the Department of Military and Veterans’ Affairs. It is not effective until filed with the Department of Military and Veterans’ Affairs. If a member fails to designate a beneficiary or if no designated beneficiary survives the member, the department, except to the extent provided otherwise in a qualified domestic relations order, shall pay the death benefit under this subsection to the
1. surviving spouse; or, if there is none surviving,
2. surviving children in equal parts; or, if there is none surviving,
3. surviving parents in equal parts; or, if there is none surviving,
4. member’s estate.
Notwithstanding any previous designation of beneficiary, the spouse of a member at the time of the member’s death automatically becomes the designated beneficiary if the spouse was married to the member during part of the member’s service under this chapter
1. except to the extent a qualified domestic relations order provides for payment to a former spouse or other dependent of the member; or
2. unless the member files with the Department of Military and Veterans’ Affairs a revocation of beneficiary and a written consent to the revocation signed by the present spouse and each person entitled to benefits under the order on forms provided by the department; however, consent of the present spouse is not required if the member and the present spouse had been married for less than two years on the date of the member’s death and if the member established when filing the revocation that the member and the spouse were not cohabiting.
A person claiming entitlement to any benefits payable under this section shall provide the department with a marriage certificate, divorce or dissolution decree, or other evidence of entitlement. Documents showing entitlement may be filed with the department immediately after a change in the member’s marital status. If the department does not receive notification of a claim before the date 10 days after the member’s death, the person claiming entitlement to the benefits is not entitled to receive from the Department of Administration or Department of Military and Veterans’ Affairs any benefit already paid under this section.
Except as provided in this subsection or AS 29.45.030(a)(1) , amounts held in the system on behalf of a member or other person who is or may become eligible for benefits under the system are exempt from Alaska state and municipal taxes and are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge of any kind, either voluntary or involuntary, before they are received by the person entitled to the amount under the terms of the system, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to amounts accrued in the system is void. However,
1. a member’s right to receive benefits or the member contribution account may be assigned
  1. under a qualified domestic relations order; or
  2. to a trust or similar legal device that meets the requirements for a Medicaid-qualifying trust under AS 47.07.020(f) and 42 U.S.C. 1396p(d)(4);
2. a member may elect to have the taxable portion of the qualifying distributions transferred directly to another plan or individual retirement arrangement qualified under the federal Internal Revenue Code.
Amounts held in the system and benefits payable under this section are exempt from garnishment, execution, or levy as provided in AS 09.38 (Alaska Exemptions Act).

History. (§ 17 ch 159 SLA 1972; am §§ 11, 12 ch 146 SLA 1980; am § 1 ch 140 SLA 1984; am E.O. No. 58, §§ 4, 5 (1984); am § 11 ch 82 SLA 1986; am §§ 29, 30 ch 117 SLA 1986; am §§ 1, 2 ch 41 SLA 1988; am § 26 ch 68 SLA 2000)

Notes to Decisions

Cited in

Laing v. Laing, 741 P.2d 649 (Alaska 1987).

Sec. 26.05.225. Earlier service.

A person who was a member of the Alaska National Guard on or after January 1, 1969, is entitled to credit for service to the state and former territory of Alaska as a member of the National Guard and Territorial Guard before and after January 1, 1969, in determining eligibility for retirement benefits under AS 26.05.224 .

History. (§ 17 ch 159 SLA 1972; am § 13 ch 146 SLA 1980)

Sec. 26.05.226. Contributions.

The Department of Military and Veterans’ Affairs shall contribute to the Alaska National Guard and Alaska Naval Militia retirement system the amounts determined by the Alaska Retirement Management Board as necessary to
1. fund the system based on the actuarial requirements of the system as established by the Alaska Retirement Management Board; and
2. administer the system.
The amount required for contributions from the Department of Military and Veterans’ Affairs under (a) of this section shall be included in the annual appropriations made to the Department of Military and Veterans’ Affairs.

History. (§ 17 ch 159 SLA 1972; am § 14 ch 146 SLA 1980; am § 34 ch 137 SLA 1982; am E.O. No. 58, § 6 (1984); am § 52 ch 9 FSSLA 2005)

Editor’s notes. —

Under § 146, ch. 9, FSSLA 2005, the 2005 amendment of subsection (a) of this section made by § 52 ch. 9, FSSLA 2005, is retroactive to July 1, 2005.

Sec. 26.05.227. [Renumbered as AS 26.05.229.]

Sec. 26.05.228. Accounting and investment.

The commissioner of administration shall establish a military retirement trust fund for the system in which the assets of the system are deposited and held. The commissioner shall maintain accounts and records for the system.
All income of the fund and all disbursements made by the fund shall be credited or charged, whichever is appropriate, to the following accounts:
1. an individual account for each retired member of the system that records the benefits paid under this system to the member or surviving beneficiary;
2. a separate account for the Department of Military and Veterans’ Affairs’ contribution to fund the system based on the actuarial requirements of the system as established by the commissioner of administration under AS 26.05.222 — 26.05.229 ;
3. an expense account for the system; this account is charged with all disbursements representing administrative expenses incurred by the system; expenditures from this account are included in the governor’s budget for each fiscal year.
The Alaska Retirement Management Board is the fiduciary of the fund and has the same powers and duties under this section in regard to the fund as are provided under AS 37.10.220 .

History. (§ 36 ch 137 SLA 1982; E.O. No. 58, § 7 (1984); am § 12 ch 82 SLA 1986; am §§ 16, 17 ch 141 SLA 1988; am § 7 ch 31 SLA 1992; am § 53 ch 9 FSSLA 2005; am § 3 ch 55 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective August 7, 2016, at the end of (b)(2), substituted “AS 26.05.222 — 26.05.229 ” for “this chapter”. Although the 2016 amendment was to have taken effect July 1, 2016, under § 13, ch. 55, SLA 2016, the governor did not sign the bill until August 6, 2016, and so the actual effective date of the 2016 amendment was August 7, 2016, under AS 01.10.070(d) .

Editor’s notes. —

Under § 146, ch. 9, FSSLA 2005, the 2005 amendment of subsection (c) of this section made by § 53 ch. 9, FSSLA 2005, is retroactive to July 1, 2005.

Sec. 26.05.229. Definitions.

In AS 26.05.222 — 26.05.228 ,

“beneficiary” means a person designated by a member in a writing filed with the system by the member while alive to receive benefits that may be due from the system upon the death of the member;
“member” means a commissioned or warrant officer or an enlisted person in the Alaska National Guard or Alaska Naval Militia;
“qualified domestic relations order” means a divorce or dissolution judgment under AS 25.24, including an order approving a property settlement, that
1. creates or recognizes the existence of an alternate payee’s right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a member;
2. sets out the name and last known mailing address, if any, of the member and of each alternate payee covered by the order;
3. sets out the amount or percentage of the member’s benefit, or of any survivor’s benefit, to be paid to the alternate payee, or sets out the manner in which that amount or percentage is to be determined;
4. sets out the number of payments or period to which the order applies;
5. does not require any type or form of benefit or any option not otherwise provided by AS 26.05.222 — 26.05.228 ;
6. does not require an increase of benefits in excess of the amount provided by AS 26.05.222 — 26.05.228 , determined on the basis of actuarial value; and
7. does not require the payment, to an alternate payee, of benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order;
“system” means the Alaska National Guard and Alaska Naval Militia retirement system.

History. (§ 17 ch 159 SLA 1972; am § 15 ch 146 SLA 1980; am § 35 ch 137 SLA 1982; am § 31 ch 117 SLA 1986)

Revisor’s notes. —

Formerly AS 26.05.227 . Renumbered in 1986. Reorganized in 1986 to alphabetize the defined terms.

Notes to Decisions

Cited in

Laing v. Laing, 741 P.2d 649 (Alaska 1987).

Sec. 26.05.230. Armories, training sites, and maintenance facilities.

Buildings and sites for armory purposes may be leased or constructed, based upon location and size of units to be organized, and shall be financed through state and federal appropriations or both. These facilities may be made available by local communities or by the cooperative arrangement between the state and the federal government and any local community. Leasing and construction under this subsection are governed by AS 36.30 (State Procurement Code).
The armory of each battalion, company, or other unit is subject to the order of the adjutant general and under the charge of its armory board which shall keep in the armory all property furnished by the state. Except for scout battalions organized under special authority of the Secretary of the Army, a unit may not be furnished with arms or equipment until a suitable armory is provided for their deposit. Subject to regulations adopted by the adjutant general, an armory may be used for any reasonable and legitimate civilian activity so long as the activity does not interfere with its use for military purposes. Proceeds received as rental or otherwise at an armory from nonmilitary use shall be deposited in the general fund.
The adjutant general shall administer all target ranges belonging to or leased by the state for National Guard purposes. Gallery ranges may be maintained at all armories occupied by state troops and every command shall be given suitable instruction in marksmanship under direction of its commander, and regulations as authorized by the adjutant general.

History. (§ 25 ch 150 SLA 1955; am § 1 ch 101 SLA 1966; am § 25 ch 106 SLA 1986; am § 46 ch 138 SLA 1986; am § 12 ch 90 SLA 1991)

Sec. 26.05.235. Active duty training sites.

Unless prohibited by federal regulation, no less than once every two training years, each unit of the Alaska Army National Guard shall train for annual active duty training at a site other than its regular base training site. Every effort shall be made to select a training site in a different type of environment from that of the regular base training site.

History. (§ 2 ch 35 SLA 1976)

Sec. 26.05.240. Enlisted persons.

An able-bodied person of good character who is a citizen of the United States or has declared an intention of becoming a citizen is eligible for enlistment in the National Guard or Naval Militia at the ages and for the periods of time that are prescribed in federal or state regulations in effect at time of enlistment.

History. (§ 26 ch 150 SLA 1955; am § 5 ch 141 SLA 1972; am § 8 ch 34 SLA 1973)

Collateral references. —

53 Am. Jur. 2d, Military and Civil Defense, § 48 et seq.

64 C.J.S. Armed Services § 343.

Validity of governmental requirements of oath of allegiance or loyalty. 18 ALR2d 268.

Sec. 26.05.250. Discharges.

An enlisted person who is discharged from service in the organized militia of the state shall receive a notice of discharge in writing in the form and classification prescribed by state law or regulations. In time of peace or when there is no declaration of national emergency, a discharge may be given before the expiration of terms of enlistment under regulations prescribed by competent authority.

History. (§ 27 ch 150 SLA 1955; am § 6 ch 141 SLA 1972)

Collateral references. —

53 Am. Jur. 2d, Military and Civil Defense, § 34.

Judicial review of military action with respect to type of discharge given member of Armed Forces, 92 ALR Fed. 333.

Sec. 26.05.260. Pay and allowances.

History. (§ 28 ch 150 SLA 1955; am § 1 ch 96 SLA 1964; am § 2 ch 19 SLA 1968; am §§ 7 — 9 ch 141 SLA 1972; am §§ 9 — 11 ch 34 SLA 1973; am §§ 1 — 4, 8 ch 56 SLA 1981; am §§ 1 — 4 ch 53 SLA 1989; am §§ 5 — 10 ch 70 SLA 2000; am §§ 5, 6 ch 43 SLA 2003; am § 4 ch 21 SLA 2008; am §§ 2, 3 ch 50 SLA 2008; am §§ 2, 3 ch 83 SLA 2018; am §§ 1 — 5 ch 84 SLA 2018)

Revisor's notes. —

Reorganized in 1989, 2000, and 2018, to conform to the style of the Alaska Statutes.

Cross references. —

For statement of legislative purpose applicable to the 2003 amendments of (d) and (e) of this section, see § 1, ch. 43, SLA 2003, in the 2003 Temporary and Special Acts.

Effect of amendments. —

The first 2018 amendment, effective November 11, 2018, in (d), inserted “or training under AS 26.05.100 ” following “duties under AS 26.05.070 ” in the first sentence, and “or ordered into training under AS 26.05.100 ” following “governor under AS 26.05.070 ” in the third sentence; in (e), inserted “or training under AS 26.05.100” following “duties under AS 26.05.070” in the first sentence, and “or ordered into training under AS 26.05.100” at the end of the last sentence.

The second 2018 amendment, effective November 11, 2018, rewrote (b); in (i), substituted “organized militia” for “Alaska State Defense Force” following “members of the”, deleted “pay and” preceding “allowances”, and deleted “as provided in this subsection, pay is equal to that provided under AS 39.27.011(a) – (f) and 39.27.020 for equivalent assignments of state officials or employees, including adjustments under AS 39.27.025 , if applicable allowances shall be paid” preceding “to the same extent”; in (j), at the beginning, deleted “Members of the Alaska State Defense Force are entitled to pay and other benefits only as provided in this section.”; repealed (k)(1) [now (m)(1)]; added ( l ) and (m) [now (k) and ( l )].

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which amended this section, see 2003 House Journal 777— 783.

Sec. 26.05.262. Disposition of remains of members of organized militia.

If a member of the organized militia who is in active state service has executed the United States Department of Defense Military Record of Emergency Data Form (DD Form 93), or its successor form, to serve as a record of emergency data and, on that form, has designated a person who is authorized to direct the disposition of the member’s remains if the member dies while in a duty status as described in 10 U.S.C. 1481, notwithstanding any other provision of law, the person authorized to direct the disposition of remains on the executed form has the right to make the decisions concerning the disposition of the member’s remains.

History. (§ 1 ch 1 SLA 2011)

Sec. 26.05.263. Payment of Servicemembers’ Group Life Insurance premiums; establishment of fund.

The Servicemembers’ Group Life Insurance premium fund is established as a separate fund in the state treasury. The fund consists of appropriations by the legislature to it. Money appropriated to the fund does not lapse. The state shall hold the principal and earnings of the fund for the purpose of reimbursing eligible members of the Alaska National Guard deployed to a combat zone for premiums paid under 38 U.S.C. 1965 — 1980 (Servicemembers’ Group Life Insurance Program).
The adjutant general may make expenditures from the fund to reimburse eligible members of the Alaska National Guard deployed to a combat zone for premiums paid under the program during the period of
1. deployment if the eligible member applies for reimbursement within two years after returning to the state following deployment;
2. up to one year of convalescence following the return from deployment; and
3. with the approval of the adjutant general, up to one year of convalescence in addition to the year under (2) of this subsection.
Subject to appropriation, the fund may be used to pay the expenses incurred by the commissioner of revenue in managing the fund and administrative expenses incurred by the Department of Revenue in administering this section.
Except as provided in (c) of this section, money in the fund is available for expenditure without further appropriation.
Nothing in this section creates a dedicated fund.
The Department of Revenue may adopt regulations necessary to carry out the provisions of this section.
In this section,
1. “combat zone” means an area of hostile fire or imminent danger that entitles a member on duty in that area to special pay;
2. “convalescence” means hospital, outpatient, or rehabilitation treatment for an injury suffered while deployed to a combat zone;
3. “fund” means the Servicemembers’ Group Life Insurance premium fund;
4. “program” means the Servicemembers’ Group Life Insurance program established by 38 U.S.C. 1965 — 1980.

History. (§ 48 ch 80 SLA 2006)

Sec. 26.05.265. Reenlistment bonus.

Subject to legislative appropriation and (c) of this section, an enlisted member of the Alaska National Guard or the Alaska Naval Militia who extends or reenlists within 30 days after completing a term of service is entitled to a bonus if
1. the extension or reenlistment is for the maximum authorized term;
2. at the time of the extension or reenlistment the member has not less than three years of service creditable for retirement purposes; and
3. on completion of the term for which the member extends or reenlists, the member will have not more than 12 years of service creditable for retirement purposes.
The bonus is $500 for each year of extension or reenlistment, but may not exceed a total of $3,000 for a member’s entire service. The bonus is payable at the satisfactory completion of each year of extension or reenlistment. A pro rata share of the bonus shall be paid to an enlisted member of the Alaska National Guard or Alaska Naval Militia for that portion of a year satisfactorily served before
1. becoming ineligible because of full-time employment with the National Guard or the Department of Military and Veterans’ Affairs, as described in (c) of this section;
2. dying or being disabled, if the member’s death or disability was not caused by the member’s own misconduct; or
3. being discharged from enlisted status to accept a warrant or commission as an officer in the National Guard.
An enlisted member of the Alaska National Guard or Alaska Naval Militia is not eligible for the reenlistment bonus provided in (a) of this section if the enlisted member is a full-time employee of the
1. National Guard as a technician under 32 U.S.C. 709;
2. National Guard as an active guard reserve employee under 32 U.S.C. 502(f); or
3. Department of Military and Veterans’ Affairs whose salary is paid by the state and if the department requires that the employee belong to the Alaska National Guard or the Alaska Naval Militia in order to hold the position.

History. (§ 1 ch 204 SLA 1970; am § 12 ch 34 SLA 1973; am § 1 ch 95 SLA 1976; am § 5 ch 56 SLA 1981; am § 1 ch 62 SLA 1983; am § 1 ch 24 SLA 1987; am § 1 ch 184 SLA 1990)

Cross references. —

For transition provisions relating to the 1981 and 1983 amendments to this section, see § 7, ch. 56, SLA 1981, and § 2, ch. 62, SLA 1983, in the Temporary and Special Acts.

Sec. 26.05.270. Payment of military claims.

All bills, claims, and demands for military purposes shall be certified and audited as prescribed by law and shall be paid from the state general fund in the normal manner upon submission of vouchers by the adjutant general. If the organized militia, or any part of it, is called into active service of the state in case of war, disaster, insurrection, rebellion, tumult, riot, invasion, breach of peace, or to execute or enforce the law, vouchers for legally allowed pay and expenses for this service or compensation for injuries shall be drawn upon the general fund of the state treasury and paid out of money in that fund not otherwise appropriated.

History. (§ 29 ch 150 SLA 1955; am § 3 ch 19 SLA 1968)

Sec. 26.05.280. Transportation, subsistence, and supplies.

There shall be provided by the state, transportation and subsistence for all officers and enlisted persons who are ordered into active service by the state for encampment, field duty, or other duty. Necessary transportation, stores, and subsistence for troops when ordered on duty shall be contracted by the proper officers and paid for as other military bills. Contracting under this section is governed by AS 36.30 (State Procurement Code).

History. (§ 30 ch 150 SLA 1955; am § 10 ch 141 SLA 1972; am § 26 ch 106 SLA 1986)

Collateral references. —

Right of member of Armed Forces to recover from manufacturer or seller for injury caused by defective military material, equipment, supplies, or components thereof. 38 ALR3d 1247.

Sec. 26.05.290. Further equipment and armories.

The governor may requisition from the Secretary of Defense the arms and equipment that are available for state forces, and make available to state forces the facilities of state armories not required by the federal government and their equipment as may be available.

History. (§ 31 ch 150 SLA 1955)

Sec. 26.05.295. Educational assistance for enlisted personnel.

Each active enlisted member of the Alaska National Guard or the Alaska Naval Militia who has completed the initial voluntary enlistment period of service that fulfills the mandatory requirement for military service under 50 U.S.C. App. 451 — 456, 458 — 471 (Military Selective Service Act of 1967) is eligible for educational assistance benefits in Alaska educational facilities.
Except as provided in this subsection, educational programs and monetary benefits available to persons under (a) of this section are based on and equivalent to those of the United States Department of Veterans Affairs education program. Educational assistance may only be provided for a program or class in which the person is a student in good standing.
[Repealed, § 5 ch 25 SLA 1997.]
[Repealed, § 5 ch 25 SLA 1997.]

History. (§ 1 ch 248 SLA 1970; am §§ 13, 14 ch 34 SLA 1973; am §§ 1, 2 ch 132 SLA 1976; am §§ 6, 7 ch 93 SLA 1991; am §§ 1, 2, 5 ch 25 SLA 1997; am § 80 ch 21 SLA 2000)

Editor’s notes. —

Former 50 U.S.C. App. 451 – 50 U.S.C. App. 471 (Military Selective Service Act) have been transferred to 50 U.S.C. 3801 – 50 U.S.C. 3808.

Sec. 26.05.296. Tuition assistance.

To the extent funds are available, the adjutant general may authorize the payment of up to 100 percent of the cost of tuition and required fees for each active member of the Alaska National Guard or the Alaska Naval Militia if the member attends an educational, vocational, or technical training school in this state. The adjutant general may prioritize categories of education benefits to encourage recruitment and retention of Alaska National Guard members. Payments authorized under this section for active members of the Alaska National Guard or the Alaska Naval Militia continue so long as the active member is a student in good standing in the educational program or class and participates satisfactorily in unit training activities.
[Repealed, § 5 ch 25 SLA 1997.]

History. (§ 3 ch 132 SLA 1976; am § 6 ch 56 SLA 1981; am § 8 ch 93 SLA 1991; am §§ 3, 5 ch 25 SLA 1997)

Sec. 26.05.298. Definition for AS 26.05.295 and 26.05.296.

In AS 26.05.295 and 26.05.296 , “good standing” means the student is enrolled, attending, and meeting the minimum requirements for successful completion of the program or class.

History. (§ 4 ch 25 SLA 1997)

Sec. 26.05.300. Statement of policy on military justice.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.310. Military courts for the Alaska militia.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.320. General court-martial.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.322. Special court-martial.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.324. Summary court-martial.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.326. Appeal from court-martial convictions.

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.330. Expenses of military courts. [For current law see AS 26.05.360 — 26.05.900.]

History. [Repealed, § 9 ch 55 SLA 2016.]

Sec. 26.05.340. Restrictions on and protection of militia.

In no case may any part of the Alaska National Guard, Alaska Naval Militia, or the Alaska State Defense Force be used against any labor organization or for the purpose of strike breaking within the state.
No part of the state military forces may leave the state with arms and equipment without the consent of the commander in chief.
A person who, either alone or with another, wilfully deprives a member of the National Guard or Naval Militia of employment or prevents the member from being self-employed or employed by another or obstructs or annoys the member or the member’s employer with respect to their trade, business, or employment because the member of the National Guard or Naval Militia is a member, or in any way dissuades any person from enlisting in the National Guard or Naval Militia by threat or injury to the person with respect to the person’s employment, trade or business if the person so enlists, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $100.
All matters relating to the organization, discipline, and government of the National Guard or Naval Militia, not otherwise provided for by the laws of the United States, this chapter, or regulations adopted by the president shall be governed by regulations adopted by the adjutant general and approved by the governor, and the regulations when adopted have the same force and effect as though enacted in this chapter.

History. (§ 36 ch 150 SLA 1955; am §§ 18 — 20 ch 34 SLA 1973; am § 11 ch 70 SLA 2000)

Notes to Decisions

Application of federal law. —

In the absence of any supplementary regulation pursuant to AS 26.05.060 or this section, the state has adopted federal law and regulation for administering and managing full-time National Guard personnel; therefore, a member who was involuntarily terminated was not entitled to the protections of the Alaska Personnel Act. State, Dep't of Military & Veterans Affairs v. Bowen, 953 P.2d 888 (Alaska 1998).

Sec. 26.05.342. Alaska Decoration of Honor.

There is created an Alaska Decoration of Honor. The Alaska Decoration of Honor may be awarded to an individual who has been killed in action on or after the date Alaska achieved statehood while
1. engaged in an action against any enemy of the United States;
2. engaged in military operations involving conflict with an opposing foreign force;
3. serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; or
4. serving in or deploying to or from a combat zone as designated by presidential order.
To be eligible to receive the Alaska Decoration of Honor, an individual must have been, at the time the individual was killed in action, a member of
1. the Alaska National Guard who was a legal resident of the state;
2. the United States military reserves who was a legal resident of the state; or
3. the regular United States armed forces who was
  1. a legal resident of the state; or
  2. stationed in the state by a proper order of the United States Department of Defense.
The Alaska Decoration of Honor shall be awarded by a concurrent resolution drafted in consultation with the adjutant general’s office. The resolution must be
1. introduced by the president of the senate, the speaker of the house of representatives, a member of the legislature who is the authorized representative of the president of the senate or the speaker of the house of representatives, or the chair of the committee of each house of the legislature with primary jurisdiction over military and veterans’ affairs; and
2. adopted by both houses of the legislature.
The Joint Armed Services Committee shall make arrangements for the designing and awarding of the Alaska Decoration of Honor.
The adjutant general shall
1. annually obtain from the United States government a list of individuals who fulfill the criteria described in (a)(1) — (4) and (b)(1) — (3) of this section during the previous calendar year; and
2. not later than December 31 each year, provide this list of individuals to the president of the senate and speaker of the house of representatives; the adjutant general may edit the list to remove from it the name of any individual whose service, in the judgment of the adjutant general, would have resulted in the individual’s discharge or release under conditions that were other than honorable.
The adjutant general shall enter the name of each recipient of the Alaska Decoration of Honor on the Alaska Decoration of Honor Roll maintained under AS 26.05.190(e) .

History. (§ 2 ch 45 SLA 2007)

Editor’s notes. —

Under § 3, ch. 45, SLA 2007, the initial list obtained under (e)(1) of this section “must include all individuals who meet the criteria described in [(a)(1)-(4) and (b)(1)-(3) of this section] and were killed in action at some time after January 2, 1959 and before January 1, 2007.”

Secs. 26.05.345 — 26.05.347. Civil Air Patrol; transfer of forfeited aircraft. [Repealed, E.O. No. 59, § 3 (1985). For current law see AS 18.60.146.]

Sec. 26.05.350. Short title.

History. [Repealed, § 9 ch 55 SLA 2016.]

Article 2. Military Justice.

Cross references. —

For provision providing that AS 26.05.360 — 25.05.990 “apply to offenses occurring on or after August 7, 2016”, see sec. 11, ch. 55, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to the applicability of the 2018 changes to this chapter by ch. 85, SLA 2018, see sec. 42, ch. 85, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 26.05.360. Regulations; adopting military justice procedures and nonjudicial punishment.

The adjutant general shall adopt regulations consistent with this chapter for members of the militia. The regulations must be approved by the governor.
The regulations adopted under this section must
1. provide for nonjudicial punishment; the regulations for nonjudicial punishment may not provide for confinement or separation from military service;
2. as the adjutant general and the governor consider practicable, apply the principles of law and the rules of evidence and procedure governing military criminal cases in the courts of the armed forces of the United States, but may not be contrary to or inconsistent with this chapter or the applicable Alaska Rules of Evidence;
3. include rules of pretrial, trial, and post-trial procedure, including methods of proof, for cases before courts-martial and courts of inquiry.
The regulations adopted under this section are exempt from AS 44.62 (Administrative Procedure Act).
The legislature may annul regulations adopted under this section by law.

History. (§ 4 ch 55 SLA 2016; am § 9 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.380 ; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (b)(1), deleted “or prohibit a member of the militia from declining the imposition of nonjudicial punishment in favor of a court-martial”.

Effective dates. —

Section 13, ch. 55, SLA 2016, provides that this section is effective July 1, 2016. The Act was approved by the governor on August 6, 2016; therefore, under AS 01.10.070(d) , this section is effective August 7, 2016.

Sec. 26.05.365. Statement of policy on military justice.

Courts-martial have primary jurisdiction over offenses under this chapter, except when an act or omission violates both this chapter and local criminal law, foreign or domestic. In that case, a court-martial may be initiated only after a civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by the underlying offense. These jurisdictional requirements do not apply to nonjudicial punishment or administrative action taken by military authorities.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.400 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.370. Persons subject to military courts; jurisdiction.

The code of military justice applies to a member of the militia at all times, except when a member of the militia is

in active federal service under 10 U.S.C. (Armed Forces); or
outside the state and not in active duty status.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.403; renumbered in 2016.

Effective dates. —

Sec. 26.05.375. Jurisdiction to try certain personnel.

A person discharged from the militia of the state who is later charged with having fraudulently obtained a discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to the code of military justice while in custody under the direction of the militia of the state for the trial. Upon conviction of the charge, the person is subject to trial by court-martial for an offense under this chapter that is committed before the fraudulent discharge.
A person who has deserted from the militia of the state may not raise a defense that the person is not subject to jurisdiction under the code of military justice by virtue of a separation from a later period of service.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.405 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.380. Territorial applicability.

The code of military justice applies to a member of the militia accused of or charged with an offense under this chapter that is committed outside the state if the member is in active state service under this chapter and is serving outside the state at the time the offense is committed.
Courts-martial may be convened and held in units of the militia of the state while those units are serving outside the state with the same jurisdiction and powers granted under the code of military justice as if the proceedings were held inside the state. Offenses under this chapter committed by members of the militia outside the state may be tried and punished either inside or outside the state.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.408; renumbered in 2016.

Effective dates. —

Sec. 26.05.385. Judge advocates.

The senior force judge advocate of each force of militia of the state, or the delegate of the senior force judge advocate, shall make frequent inspections in the field in supervision of the administration of military justice in the force.
A convening authority shall communicate directly with the authority’s judge advocates in matters relating to the administration of military justice. The judge advocate of a command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the state judge advocate.
A person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness in a case may not later act as a judge advocate to an authority reviewing the same case.
A person may not serve as a judge advocate under the code of military justice unless the person is a commissioned officer of the organized militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States, is a member in good standing of the bar of the highest court of a state, and is currently
1. certified or designated as a judge advocate in the Judge Advocate General’s Corps of the United States Army, Air Force, Navy, or Marine Corps or designated as a law specialist as an officer of the United States Coast Guard, or a reserve component of one of them; or
2. certified as a nonfederally recognized judge advocate, under the code of military justice, by the senior judge advocate of the commander of the force in the component of the militia of the state of which the accused is a member, as competent to perform the military justice duties required by the code of military justice; if a judge advocate is not available, the certification may be made by the senior judge advocate of the commander of another force in the militia of the state, as the convening authority directs.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.410 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.390. Apprehension.

A member of the militia or a person authorized under 10 U.S.C. 801 - 946 or the code of military justice to apprehend persons subject to the code of military justice, a marshal of a court-martial, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state may apprehend a person subject to the code of military justice upon probable cause that an offense under this chapter has been committed and that the person apprehended committed the offense.
Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to suppress disorder or mutual combat among members of the militia and to apprehend a person who participates in the disorder or mutual combat.
If an offender is apprehended outside the state, the offender’s return to the area must be in accordance with applicable extradition procedures, if any, or by reciprocal agreement.
A person authorized by this section to apprehend, restrain, or confine persons subject to the code of military justice may not require payment of a fee for apprehending, restraining, or confining a person except as otherwise provided by law.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.420 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.395. Imposition of restraint.

An enlisted member of the militia may be arrested or confined by an oral or written order issued by a commissioned officer or another member of the militia of the state acting at the commissioned officer’s direction. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer’s command or subject to the commanding officer’s authority into arrest or confinement.
A commissioned or warrant officer may be arrested or confined only by a commanding officer who has authority over the commissioned or warrant officer. The commanding officer shall deliver the order orally, in writing, in person, or by another member of the militia. A commanding officer may not delegate the authority granted in this subsection.
A person may not be arrested or confined unless the officer issuing the order for arrest or confinement has probable cause to believe that an offense under this chapter has been committed and that the person has committed the offense.
This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.423; renumbered in 2016.

Effective dates. —

Sec. 26.05.400. Restraint of persons charged with offenses.

Except as provided in (b) of this section, a person charged with an offense under this chapter may be arrested or confined as circumstances may require. A person arrested or confined before trial is entitled to prompt notice of the offense of which the person is accused.
A person subject to the code of military justice who is charged with a minor offense normally tried by a summary court-martial or subject to nonjudicial punishment under the code of military justice may not be placed in confinement.
When a person subject to the code of military justice is placed in confinement before summary court-martial or nonjudicial punishment, the person shall be conditionally released pending disposition of the charges.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.425 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.405. Place of confinement; reports and receiving of prisoners.

A person confined as a prisoner under the code of military justice shall be confined in a civilian or military confinement facility.
Unless otherwise authorized by law, a person authorized to receive a prisoner under (a) of this section may not refuse to receive or keep the prisoner committed to the person’s charge by a commissioned officer of the militia of the state if the officer furnishes the person with a statement signed by the officer identifying the offense for which the prisoner was convicted.
A person authorized to receive a prisoner under (a) of this section shall, within 24 hours after receiving the statement of commitment under (b) of this section, or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense for which the prisoner was convicted, and the name of the person who ordered or authorized the commitment.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.428; renumbered in 2016.

Effective dates. —

Sec. 26.05.410. Delivery of offenders to a civil authority.

A person accused of a criminal offense against a civil authority may be delivered, upon request, to a civil authority for trial or confinement.
When a sentence imposed in a court-martial proceeding under the code of military justice is interrupted by the delivery of the offender to a civil authority under this section, and the offender is later convicted and sentenced by the civil authority, competent military authority shall request the civil authority to return the offender to the custody of the military authority for completion of the sentence imposed by court-martial.
The adjutant general, with the approval of the governor, may enter into an agreement with a civil authority to ensure the return of an offender under this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.430 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.415. Courts-martial classified.

The military courts for the militia of the state are

a general court-martial, consisting of
1. a military judge, not fewer than five members, and not fewer than one alternate member; or
2. only a military judge, if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge and the military judge approves;
a special court-martial, consisting of
1. a military judge, not fewer than three members, and not fewer than one alternate member; or
2. only a military judge, if one has been detailed to the court, and the accused so requests under the conditions prescribed in (1)(B) of this section; and
a summary court-martial, consisting of one commissioned officer.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.433; renumbered in 2016.

Effective dates. —

Sec. 26.05.420. Jurisdiction of courts-martial in general.

Each force of the militia of the state in active military service has court-martial jurisdiction over all members of the militia. The exercise of jurisdiction by one force over personnel of another force must be in accordance with the code of military justice.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.435 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.425. Jurisdiction of a general court-martial.

Subject to AS 26.05.420 , a general court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.438; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.430. Jurisdiction of a special court-martial.

Subject to AS 26.05.420 , a special court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice, other than dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay a month, or forfeiture of pay for more than one year.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.440 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.435. Jurisdiction of a summary court-martial.

Subject to AS 26.05.420 , a summary court-martial has jurisdiction to try a member of the militia except officers, cadets, candidates, and midshipmen for an offense under this chapter.
A person over whom a summary court-martial has jurisdiction may not be brought to trial before a summary court-martial if the person objects.
If a person accused of an offense under this chapter objects to a summary court-martial under (b) of this section, the person may be ordered tried by special or general court-martial, as appropriate.
A summary court-martial may, under the limitations as the governor may prescribe, impose a punishment not forbidden by the code of military justice, other than dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month’s pay.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.443; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.440. Grand jury requirement.

A general court-martial in which the member of the militia is accused of committing an offense that is punishable by confinement of more than one year may not be convened until a grand jury of the state has returned a true bill indicating that there is probable cause to believe that the accused member of the militia committed the offense or offenses at issue.
The general court-martial convening authority shall designate one or more judge advocates to represent the authority at the grand jury, except that, at the request of the adjutant general and with the consent of the attorney general, an attorney from the Department of Law may represent the convening authority at the grand jury.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.444; renumbered in 2016.

Cross references. —

For the effect of this section on Rule 6, Alaska Rules of Criminal Procedure, see sec. 10, ch. 55, SLA 2016 in the 2016 Temporary and Special Acts.

Effective dates. —

Sec. 26.05.445. Venue for grand jury and court-martial.

The venue for convening a court-martial, trial, preliminary hearing, and presentation of charges to a state grand jury shall be determined at the discretion of the appropriate court-martial convening authority.

History. (§ 4 ch 55 SLA 2016)

Cross references. —

For the effect of this section on Rule 6, Alaska Rules of Criminal Procedure, see sec. 10, ch. 55, SLA 2016 in the 2016 Temporary and Special Acts.

Effective dates. —

Sec. 26.05.450. Who may convene a general court-martial.

A general court-martial may be convened by
1. the governor;
2. the adjutant general;
3. the commanding officer of a force of the militia of the state;
4. the commanding officer of a division or a separate brigade;
5. the commanding officer of a separate wing.
If a commanding officer who is authorized to convene a general court-martial is the accuser in a matter, the court hearing the matter shall be convened by superior competent authority.
A superior authority may convene a case if the superior authority considers it desirable.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.446; renumbered in 2016.

Effective dates. —

Sec. 26.05.455. Who may convene a special court-martial.

A special court-martial may be convened by
1. a person who may convene a general court-martial;
2. the commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;
3. the commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the United States Army;
4. the commanding officer of a wing, group, separate squadron, or corresponding unit of the United States Air Force; or
5. a commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.
If an officer who is authorized to convene a special court-martial is the accuser in the matter, the court hearing the matter shall be convened by superior competent authority.
A superior authority may convene a case if the superior authority considers it desirable.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.448; renumbered in 2016.

Effective dates. —

Sec. 26.05.460. Who may convene a summary court-martial.

A summary court-martial may be convened by
1. a person who may convene a general or special court-martial;
2. the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army;
3. the commanding officer of a detached squadron or other detachment or the commanding officer of a corresponding unit of the United States Air Force; or
4. the commanding officer or officer in charge of any other command when empowered to do so by the adjutant general.
If only one commissioned officer is present with a command or detachment, that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. If the officer who is authorized to convene a summary court-martial is the accuser in the matter, the court hearing the matter shall be convened by a superior competent authority, if practicable.
A superior authority may convene a summary court-martial if the superior authority considers it desirable.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.450 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.465. Who may serve on courts-martial.

A commissioned officer of the militia of a state or of an active duty component of the armed forces of the United States is eligible to serve on a general, special, or summary court-martial for the trial of a member of the militia.
A warrant officer of the militia of a state or of an active duty component of the armed forces of the United States is eligible to serve on a general or special court-martial for the trial of any person, other than a commissioned officer.
An enlisted member of the militia of the state who is not a member of the same unit as the accused is eligible to serve on a general or special court-martial for the trial of an enlisted member, but only if the accused has, before the conclusion of a session of the court-martial called by the military judge, personally requested, orally on the record or in writing, that enlisted members serve on the court-martial.
After a request is made under (c) of this section, the accused may not be tried by a general or special court-martial unless enlisted members make up at least one-third of the total membership of the court. If eligible enlisted members are not available because of physical conditions or military exigencies, the court may proceed to try the accused without enlisted members, but the convening authority shall place on the record a detailed written explanation of why eligible enlisted members were not available.
The accused may not be tried by a court-martial that includes a member who is junior in rank or grade to the accused, unless the inclusion cannot be avoided.
When convening a court-martial, the convening authority shall detail the members of the militia of a state or of an active duty component of the armed forces of the United States who are, in the convening authority’s opinion, the best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. A person is not eligible to serve as a member of a general or special court-martial if the person is the accuser, is a witness, or has acted as investigating officer or as counsel in the same case.
Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to a judge advocate or to a principal assistant.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.452; renumbered in 2016.

Effective dates. —

Sec. 26.05.470. Military judge of a general or special court-martial.

A senior force judge advocate who is in the same force as the accused, or a designee, shall detail a military judge to a general and special court-martial. The military judge shall preside over an open session of the court-martial to which the military judge has been detailed.
A military judge must be
1. an active or retired commissioned officer of the militia of a state or of an active or reserve component of the armed forces or another uniformed service of the United States;
2. licensed to practice law in a state or a member of the bar of a federal court for at least five years;
3. certified as qualified for duty as a military judge by a senior force judge advocate who is in the same force as the accused.
The convening authority or a staff member of the convening authority may not prepare or review a report concerning the effectiveness, fitness, or efficiency of the military judge detailed to the case that relates to performance of duty as a military judge.
A person may not act as military judge in a case if that person is the accuser or a witness or has acted as investigating officer or counsel in the same case.
The military judge of a court-martial may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, or vote with the members of the court-martial.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.453; renumbered in 2016.

Effective dates. —

Sec. 26.05.475. Detail of trial counsel and defense counsel.

For each general and special court-martial, the convening authority shall detail trial counsel, defense counsel, and assistants, as appropriate.
A person who has acted as investigating officer, military judge, witness, or court member in a case may not act as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, defense counsel or assistant or associate defense counsel in the case.
A person who has acted for the prosecution may not act in the same case for the defense. A person who has acted for the defense may not act in the same case for the prosecution.
Trial counsel or defense counsel detailed in a general or special court- martial must be
1. a judge advocate or, if serving as defense counsel, otherwise certified by the senior force judge advocate; and
2. admitted to the practice of law in this state or otherwise permitted to appear in an action in the courts of this state.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.455 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.480. Detail or employment of reporters and interpreters.

The convening authority of a general or special court-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters to interpret for the court.
A person may not act as a reporter or interpreter under this section in a case if the person is the accuser, a witness, an investigating officer, counsel for a party, or, if the trial is a rehearing, a member of a prior court-martial in the same case.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.458; renumbered in 2016.

Effective dates. —

Sec. 26.05.485. Absent and additional members.

A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused unless the member is excused
1. as a result of a challenge; or
2. for good cause by the military judge or by order of the convening authority.
If a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the military judge shall assign an available alternate member to the general court-martial to restore the court to five members. The trial may not proceed if a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members and no alternate is available for assignment.
If a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the military judge shall assign an alternate member to the special court-martial to restore the court to three members. The trial may not proceed if a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members and no alternate is available for assignment.
If the military judge of a court-martial composed of only a military judge is unable to proceed with a trial because of a challenge or for other good cause, the senior force judge advocate shall detail a new military judge. The trial shall proceed as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a written stipulation of the evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.460 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.490. Charges and specifications.

Charges and specifications must be signed by a member of the militia under oath before a commissioned officer authorized by AS 26.05.655 to administer oaths. The charges and specifications must state
1. that the signer has personal knowledge of, or has investigated, the facts set out in the charges and specifications;
2. that the charges and specifications are true in fact to the best of the signer’s knowledge and belief.
The person proffering the charges and specifications shall present them to the proper authority. The proper authority receiving the charges and specifications shall immediately determine the disposition of the charges in the interest of justice and discipline, and the person accused shall be informed of the charges as soon as practicable.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.463; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.495. Compulsory self-incrimination prohibited.

A member of the militia may not compel a person to make a self-incriminating statement or to answer a question if the answer may incriminate the person.
A member of the militia may not interrogate or request a statement from a person suspected of an offense under this chapter without first informing the person of the nature of the accusation and advising the person that the person does not have to make any statement regarding the offense of which the person is accused or suspected and that any statement made by the person may be used as evidence against the person in a trial by court-martial.
A member of the militia may not compel a person to make a statement or produce evidence before a military court if the statement or evidence is not material to the issue before the court and may tend to degrade the person.
A statement obtained from a person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may not be admitted into evidence against the person in a trial by court-martial.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.465 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.500. Investigation; preliminary hearing.

A charge or specification may not be referred to a general court-martial for trial until an investigating officer makes a thorough and impartial investigation of all the matters set out in the charge or specification. The investigating officer shall inquire into the truth of the matters set out in the charges, consider the form of the charges, and recommend a disposition of the case in the interest of justice and discipline.
The accused has the right to be represented by counsel at an investigation. If the accused requests the appointment of military counsel, the investigating officer shall refer the request to the senior force judge advocate, who shall promptly detail defense counsel to represent the accused at the investigation. Defense counsel detailed under this section shall meet the criteria for counsel under AS 26.05.475(d) .
In cases where there has been no grand jury proceeding on a charge or no grand jury proceeding is required, the authority investigating the accused shall
1. advise the accused of the charges against the accused and of the accused’s right to be represented by counsel under (b) of this section;
2. give the accused the opportunity to cross-examine witnesses against the accused, if the witnesses are available; a victim of an offense under AS 26.05.770 or 26.05.890 — 26.05.900 may not be required to testify at a preliminary hearing; a victim of an offense under AS 26.05.770 or 26.05.890 — 26.05.900 who declines to testify is considered unavailable for the purposes of the preliminary hearing;
3. give the accused the opportunity to present evidence on the accused’s own behalf, either in defense or mitigation relevant to the limited purposes of the hearing; the investigating officer shall examine available witnesses requested by the accused.
The presentation of evidence and examination of witnesses at a preliminary hearing, including cross-examination, shall be limited to matters relevant to the limited purposes of the hearing.
If, after the investigation, the charges are referred to the court-martial, the investigating officer shall prepare a statement of the charges and the substance of the testimony taken, and a copy shall be given to the accused.
If an investigation of an offense under this chapter is conducted before the accused is charged with the offense and the accused is present at the investigation and provided with counsel and an opportunity to cross-examine witnesses and present evidence under (c) of this section, no further investigation of that charge is necessary under this section unless the accused demands further investigation after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer new evidence in the accused’s own behalf.
If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused’s having first been charged with an offense under this chapter if the accused is
1. present at the investigation;
2. informed of the nature of each uncharged offense investigated; and
3. provided with counsel and an opportunity to cross-examine witnesses and present evidence under (c) of this section.
In this section, “victim” means a person who is alleged to have suffered a direct physical, emotional, or pecuniary harm as a result of the matters set out in a charge or specification being considered and who is named in a specification being considered.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.468; renumbered in 2016 at which time cross references to other renumbered sections were also corrected and "AS 26.05.770 or 26.05.890 — 26.05.900 " was substituted for "AS 26.05.593, 26.05.620 , 26.05.621, or 26.05.622" in paragraph (c)(2) to correct a manifest error.

Effective dates. —

Sec. 26.05.505. Forwarding of charges.

When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and associated records, to the person exercising general court-martial jurisdiction.
If it is not practicable to forward the charges and investigation and associated records under (a) of this section, the commanding officer shall provide the person with a written explanation for the delay as soon as possible.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.470 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.510. Advice of judge advocate and reference for trial.

Before directing the trial of a charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that
1. the specification alleges an offense under this chapter;
2. the specification is warranted by the evidence set out in the report of investigation under AS 26.05.500 , if there is a report; and
3. a court-martial has jurisdiction over the accused and the offense.
The advice of the judge advocate under (a) of this section with respect to a specification under a charge shall include a written and signed statement by the judge advocate
1. stating the judge advocate’s conclusions with respect to each matter set out in (a) of this section; and
2. recommending to the convening authority what action to take regarding the specification; if the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
If a charge or specification is not in the correct form or does not conform to the substance of the evidence set out in the investigating officer’s report, the convening authority, with the advice of the judge advocate, may correct the charge or specification to conform to the evidence.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.473; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.515. Service of charges.

A trial counsel shall serve or cause to be served on the accused a copy of the charges. A person may not, against the person’s objection, be brought to trial before a general court-martial within five days after the service of charges on the person, or before a special court-martial within three days after the service of charges on the person.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.475 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.520. Unlawfully influencing the action of a court.

An authority convening a general, special, or summary court-martial, a commanding officer, or an officer serving on the staff of a convening authority or commanding officer may not censure, reprimand, or admonish the court, a member of the court, the military judge, or counsel appearing before the court, with respect to the findings of or sentence imposed by the court, or with respect to another exercise of the respective functions of the court, a member of the court, the military judge, or counsel appearing before the court in the conduct of the proceedings.
A member of the militia may not attempt to coerce or, by unauthorized means, influence the action of a court-martial or a member of a court in reaching the findings or sentence in a case, or the action of a convening, approving, or reviewing authority with respect to a judicial act. This subsection does not apply to
1. general instructional or informational courses in military justice if the courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial; or
2. statements and instructions given in open court by the military judge, summary court-martial officer, or counsel.
A member of the militia may not, in the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used, in whole or in part, for the purpose of determining whether a member of the militia of the state is qualified to be advanced in grade, in determining the assignment or transfer of a member of the militia of the state, or in determining whether a member of the militia of the state should be retained on active status,
1. consider or evaluate the performance of duty of the member as a member of a court-martial or witness; or
2. give a less favorable rating or evaluation of any counsel for the accused because of zealous representation before a court-martial.
In this section, “unauthorized” means contrary to a statute or regulation of the United States or the state.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.478; renumbered in 2016.

Effective dates. —

Sec. 26.05.525. Continuances.

The military judge of a general, special, or summary court-martial may, for reasonable cause, grant a continuance to a party for the time, and as often, as justice requires.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.480 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.530. Oaths or affirmations.

Before performing their respective duties, military judges, general and special court-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused that they will perform their duties faithfully.
The form of the oath or affirmation, the time and place of taking, the manner of recording, and a determination of whether the oath or affirmation shall be taken for all cases in which the duties are to be performed or for a particular case, shall be prescribed by rules of procedure. The rules may provide that, if a person takes an oath or affirmation with respect to a duty, the person need not take the oath or affirmation again on detailment to the duty.
A witness before a court-martial shall be examined under oath or affirmation.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.483; renumbered in 2016.

Effective dates. —

Sec. 26.05.535. Statute of limitations.

A person charged with an offense under this chapter may not be tried or punished for the offense unless the person received sworn charges and specifications issued by an officer exercising court-martial jurisdiction over the command not later than three years after the commission of the offense or not later than two years after commission of the offense if the imposition of nonjudicial punishment is sought for the offense under the code of military justice.
A period when the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation in this section.
A period when the accused is absent from territory in which the proper authority has the ability to apprehend the accused, in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation in this section.
When the United States is at war declared by the United States Congress or engaged in contingency operations ordered by the President of the United States, and those operations actually prevented the discovery of the offending behavior or the timely bringing of charges, as determined by a military judge at court-martial, the running of a period of limitation for an offense under this chapter is suspended until two years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the United States Congress if the offense
1. involves fraud or attempted fraud against the United States, a state, or an agency of either, including a conspiracy to commit fraud;
2. is committed in connection with the acquisition, care, handling, custody, control, or disposition of real or personal property of the United States or a state; or
3. is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of a contract, subcontract, or purchase order that is connected with or related to the prosecution of the war, or with the disposition of inventory by a war contractor or government agency.
If charges or specifications are dismissed as defective or insufficient for any cause, and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications
1. are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications;
2. allege the same acts or omissions that were alleged in the dismissed charges or specifications or acts or omissions that were included in the dismissed charges or specifications.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.485 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.540. Former jeopardy.

Former jeopardy protections provided to a member of the militia are equivalent to those provided under art. I, sec. 9, Constitution of the State of Alaska, and under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.488; renumbered in 2016.

Effective dates. —

Sec. 26.05.545. Pleas of the accused.

If, after arraignment, an accused makes an irregular pleading or, after a plea of guilty, initiates an action inconsistent with the plea, or if the accused appears to have entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
With respect to a charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn before announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.490 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.550. Subpoena; process of military courts.

A military judge, the president of a court-martial, or a summary court-martial officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of books and records, if the courts are sitting within the state and the witnesses, books, and records sought are located in the state. A subpoena may be served by a person designated by the military judge, the president of the court-martial, or summary court-martial officer.
If a person who is not a member of the militia of the state fails to comply with a subpoena issued under this section, the military judge, president of the court-martial, or summary court-martial officer may apply to a state court for an order to compel obedience by proceedings for contempt as if the subpoena had been issued by a court. The military judge, president of the court-martial, or summary court-martial officer may request the attorney general to bring the action.
A person who is not a member of the militia, who has been subpoenaed to appear as a witness or to produce books and records before a court-martial or before a military or civil officer designated to take a deposition to be read in evidence before a court-martial, who has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state, and who wilfully neglects or refuses to appear or refuses to qualify as a witness or to testify or to produce evidence that the person may have been legally subpoenaed to produce is guilty of a violation and may be charged and punished as provided in AS 12.55.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.493; renumbered in 2016.

Effective dates. —

Sec. 26.05.555. Contempt.

A military judge or summary court-martial officer may punish for contempt a person who
1. uses a menacing word, sign, or gesture in its presence;
2. disturbs its proceedings by any riot or disorder; or
3. wilfully disobeys a lawful writ, process, order, rule, decree, or command of the military judge or summary court-martial officer.
A military judge or summary court-martial officer may punish a member of the militia for contempt as provided in AS 09.50.020 for civil contempt.
A military judge or summary court-martial officer may punish a person who is not a member of the militia for direct contempt as provided in AS 09.50.020 for civil contempt.

History. (§ 4 ch 55 SLA 2016; am § 10 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.495 ; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (a)(3), and made related and stylistic changes.

Effective dates. —

Sec. 26.05.560. Defense of insanity.

The accused may assert the affirmative defense of insanity as provided in AS 12.47.010 . If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090 .
If the accused asserts the defense of insanity under (a) of this section, the court shall order an examination to be conducted that meets the standards of AS 12.47.070 .
If the defense of insanity is properly at issue, the military judge shall instruct the members of the court as to the defense and charge them to find the accused
1. guilty;
2. not guilty; or
3. not guilty by reason of insanity.
The accused may be found not guilty by reason of insanity if
1. a majority of the members of the court-martial present at the time the vote is taken determine that the defense of insanity has been established; or
2. in the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, the military judge or summary court-martial officer determines that the defense of insanity has been established.
In the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, if the defense of insanity is properly at issue, the military judge or summary court-martial officer shall find the accused
1. guilty;
2. not guilty; or
3. not guilty by reason of insanity.
If an accused is found not guilty by reason of insanity, trial counsel shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if trial counsel has good cause to believe that the defendant is suffering from a mental illness and, as a result, is gravely disabled or likely to cause serious harm to self or others. In this subsection, “mental illness” has the meaning given in AS 47.30.915 .

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.498; renumbered in 2016.

Effective dates. —

A court-martial may not impose a punishment that exceeds the limits set out in the code of military justice and may not impose a sentence of death. A sentence of confinement imposed under this chapter may not exceed 10 years. An offense under this chapter that is punishable by a term of confinement of more than one year is a felony offense. Except for convictions by a summary court-martial and except as otherwise specifically provided in the code of military justice, all other offenses under this chapter are misdemeanors. A conviction by a summary court-martial is a violation.
A nonjudicial punishment may not include a sentence of confinement or separation from military service.

History. (§ 4 ch 55 SLA 2016; am § 11 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.513; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective August 14, 2018, in (a), in the third sentence, substituted “that is punishable by a term of confinement of more than one year” for “for which a sentence of confinement for a term of more than one year is imposed” following “under this chapter”, in the fourth sentence, deleted “for which a sentence of confinement for a term of one year or less is imposed” near the end. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 46, ch. 85, SLA 2018, the governor did not sign the bill until August 13, 2018, and so the actual effective date of the amendment was August 14, 2018, under AS 01.10.070(d) .

Effective dates. —

Sec. 26.05.595. Deferment of sentences.

If an accused is under sentence to confinement that has not yet been ordered executed, the convening authority or, if the accused is no longer under the convening authority’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed may, in that person’s sole discretion, defer service of the sentence to confinement. The deferment terminates when the sentence is ordered to be executed. The deferment may be rescinded at any time by the authority who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed.
If a court-martial sentences an accused to confinement, the convening authority may, without the consent of the accused, defer the service of the sentence until after the accused has been permanently released to the militia of the state by a state, the United States, or a foreign country
1. that had custody of the accused;
2. that temporarily returned the accused to the militia of the state for trial by court-martial; and
3. to which, after the court-martial, the militia of the state returned the accused under the authority of a mutual agreement or treaty.
In a case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under AS 26.05.615 , 26.05.640 , or 26.05.645 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
In (b) of this section, “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.515 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.600. Execution of confinement.

A person must serve a sentence of confinement imposed by a court-martial, whether or not the sentence includes discharge or dismissal from the militia of the state, and whether or not the discharge or dismissal has been executed. The sentence may be carried into execution by confinement in a place authorized by the code of military justice. A person confined under the code of military justice is subject to the same discipline and treatment as other persons confined or committed to the place of confinement.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.518; renumbered in 2016.

Effective dates. —

Sec. 26.05.605. Error of law; lesser included offense.

A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
A reviewing authority authorized under the code of military justice to approve or affirm a finding of guilt may approve or affirm, instead, so much of the finding as includes a lesser included offense under this chapter.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.520 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.610. Withdrawal of appeal.

In a case subject to appellate review under the code of military justice, the accused may, at any time, file with the convening authority a written statement expressly withdrawing the right of the accused to the appeal. The withdrawal shall be signed by both the accused and the accused’s defense counsel and filed in accordance with rules of procedure.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.523; renumbered in 2016.

Effective dates. —

Sec. 26.05.615. Appeal by the state.

In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter
1. an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;
2. an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;
3. an order or ruling that directs the disclosure of classified information;
4. an order or ruling that imposes sanctions for nondisclosure of classified information;
5. the refusal of the military judge to issue a protective order sought by the prosecution to prevent the disclosure of classified information;
6. the refusal of the military judge to enforce an order issued under (5) of this subsection that was previously issued by an appropriate authority.
An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. The notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
An appeal under this section shall be forwarded to the Military Appeals Commission under AS 26.05.640 . In ruling on the appeal, the Military Appeals Commission may act only with respect to matters of law.
A period of delay resulting from an appeal under this section shall be excluded in deciding an issue involving the denial of a speedy trial, unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was frivolous and without merit.
The state may not appeal a finding of not guilty with respect to a charge or specification by the members of the court-martial, or by a judge in a bench trial if the finding was not made on reconsideration.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.525 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.620. Vacation of suspension.

A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer shall be represented at the hearing by military counsel if the probationer requests representation.
If the suspended sentence was imposed by a special court-martial, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, the unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the code of military justice.
The suspension of another sentence may be vacated by an authority for the command in which the accused is serving or detailed who is competent to convene a court of the kind that imposed the sentence.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.528; renumbered in 2016.

Effective dates. —

Sec. 26.05.625. Petition for a new trial.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.530 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.630. Restoration.

All rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed on the new trial or rehearing.
If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor may substitute an administrative form of discharge unless the accused is to serve out the remainder of the accused’s enlistment.
If a previously executed sentence of dismissal is not imposed on a new trial, the governor may substitute an administrative form of discharge, and a commissioned officer dismissed under the original sentence may be reappointed by the governor alone to the commissioned grade and rank that, in the opinion of the governor, the former officer would have attained had the officer not been dismissed. The reappointment of the former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only to the extent the governor may direct. The time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.533; renumbered in 2016.

Effective dates. —

Sec. 26.05.635. Leave required to be taken pending review of court-martial convictions.

In accordance with rules adopted under AS 26.05.360 , an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin the leave on the date on which the sentence is approved under the code of military justice, or at any time after that date, and the leave may be continued until the date on which action under this chapter is completed, or may be terminated at an earlier time.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.535 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.640. Military Appeals Commission.

The Military Appeals Commission is established in the Department of Military and Veterans’ Affairs. The commission is a quasi-judicial agency.
The commission has
1. jurisdiction to hear appeals from courts-martial by the
  1. state in accordance with AS 26.05.615 ; and
  2. accused regarding sentences, punishments, clearly erroneous findings, and matters of law; and
2. the discretion to remand those cases to a competent court-martial.
The commission consists of three members appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member shall be a resident of this state and
1. be licensed to practice law
  1. in this state and be a member in good standing of the Alaska Bar Association;
  2. in another state and be a member in good standing of the bar of that state; or
  3. as a member of the bar of a federal court;
2. have engaged in the active practice of law for at least five years;
3. be a former commissioned officer in the armed forces of the United States or the reserve components, or in the militia of a state; and
4. have at least five years’ experience as an officer in the judge advocate general’s corps of the armed forces of the United States or the militia of the state.
Except as provided in AS 39.05.080 (4), an appointee selected to fill a vacancy shall hold office for the unexpired term of the member whose vacancy is filled. A vacancy in the commission does not impair the authority of a quorum of members to exercise the powers and perform the duties of the commission.
A member may be reappointed if the reappointment complies with this section.
The members of the commission shall select a chair from among the members of the commission. The selection shall be subject to the approval of the adjutant general.
The governor may remove a commissioner from office for cause including incompetence, neglect of duty, or misconduct in office. A commissioner, to be removed for cause, shall be given a copy of the charges and offered an opportunity to be publicly heard in person or by counsel in the commissioner’s own defense upon not less than 10 days’ notice. If a commissioner is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the commissioner and the governor’s finding based on the charges, together with a complete record of the proceedings.
The adjutant general shall adopt regulations to govern appellate procedure before the Military Appeals Commission. The regulations shall be substantially similar to the provisions for post-trial procedure and review of courts-martial under 10 U.S.C. 801 - 946. The regulations must be approved by the governor. Regulations adopted under this section are exempt from AS 44.62 (Administrative Procedure Act).
The governor may appoint an alternate member, who will serve temporarily in cases where a Military Appeals Commission member is removed or otherwise unavailable to perform the duties of a commission member. The alternate member must be confirmed by a majority of the members of the legislature in joint session and otherwise meet the qualifications specified in (c) of this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.538; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Cross references. —

For provision relating to the initial appointments under this section, see sec. 12, ch. 55, SLA 2016, in the 2016 Temporary and Special Acts.

Effective dates. —

Sec. 26.05.645. Review by civilian court.

After exhausting all remedies available under the code of military justice, a party may file a petition for review in the Alaska supreme court from a final decision of the Military Appeals Commission that upholds a conviction and sentence imposed by a general or special court-martial for an offense under this chapter if the sentence
1. includes confinement imposed under the code of military justice; and
2. meets the criteria for appeal under AS 12.55.120 .
A decision by the Alaska supreme court on a matter reviewed under a petition filed under (a) of this section is final and binding on all parties, the Military Appeals Commission, and the court-martial.
A party filing a petition for review under this section shall comply with the rules of court applicable to petitions for review in the appellate courts, including the deadlines for filing.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.540 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.650. Appellate and civilian counsel.

If the attorney general requests representation, the senior force judge advocate shall detail a judge advocate as appellate counsel to represent the state in a proceeding filed under AS 26.05.640 as civilian counsel, in a petition filed under AS 26.05.645 , or as counsel before any federal court.
The accused has the right to be represented by detailed military counsel before the Military Appeals Commission under AS 26.05.640 and before the reviewing court in a petition filed under AS 26.05.645 .
Upon the request of an accused entitled to be represented under (b) of this section, the senior force judge advocate shall detail a judge advocate to represent the accused in a review or appeal. Counsel detailed under this subsection shall meet the criteria for counsel under AS 26.05.475(d) .
A person who has acted as investigating officer, trial counsel, military judge, witness, or court member in the case may not act as civilian review counsel for the accused detailed under (c) of this section.
An accused may choose to be represented by civilian counsel at the expense of the accused.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.543; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.655. Authority to administer oaths and act as notary public.

The following persons may administer oaths for the purposes of military administration, including military justice:
1. a judge advocate;
2. a summary court-martial;
3. the adjutant general and assistant adjutant generals;
4. a commanding officer of the militia;
5. a person authorized by federal or state statute or regulation or by regulations of the armed forces of the United States or the state to administer oaths or act as a notary public.
The following persons may administer oaths necessary in the performance of their duties:
1. the president, military judge, and trial counsel for general and special courts-martial;
2. an officer designated to take a deposition;
3. a person detailed to conduct an investigation;
4. a recruiting officer;
5. a person authorized by federal or state statute or regulation or by regulations of the armed forces of the United States to administer oaths or act as a notary public.
The person’s signature without seal, together with the title of the person’s office, is prima facie evidence of the person’s authority to administer oaths and act as a notary public under this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.545 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.660. Delegation by the governor.

The governor may delegate any authority vested in the governor under the code of military justice, and provide for the subdelegation of the authority, except the powers given to the governor by AS 26.05.170 and 26.05.450 .

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.550 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effective dates. —

Sec. 26.05.665. Military justice account.

The military justice account is established in the general fund for the purpose of paying the expenses of the department in carrying out its duties relating to the code of military justice, including the fees and authorized travel expenses of witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, costs of collection, apprehension, detention, and confinement, pay and allowances for court-martial duty, and all other necessary expenses of the prosecution and administration of military justice not otherwise payable by another source.
The account consists of money appropriated to it by the legislature and interest received on money in the account.
The department may use money appropriated to the account to pay for expenses related to the duties described in (a) of this section.
Money appropriated to the account does not lapse.
Nothing in this section creates a dedicated fund.
In this section, “account” means the military justice account established under (a) of this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.553; renumbered in 2016.

Effective dates. —

Sec. 26.05.670. Payment, collection, and deposit of fines.

A fine imposed by a military court or through the imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing process.
If the person on whom the fine was imposed fails to pay, the department may collect the fine by
1. retaining pay or allowances due or to become due to the person fined from the militia of the state or the United States;
2. garnishment or levy, together with costs, on the wages, goods, and property of a person delinquent in paying a fine in accordance with AS 09.38.
A fine or penalty required to be paid under this section shall be deposited into the general fund and accounted for under AS 37.05.142 .

History. (§ 12 ch 85 SLA 2018)

Effective dates. —

Section 45, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.700. Conviction of lesser included offense.

An accused may be found guilty of an offense necessarily included in the offense charged, of an attempt to commit either the offense under this chapter charged or an offense necessarily included in the offense charged, or of an offense designated by the President of the United States, in the most recent Manual for Courts-Martial, United States, as a presidentially prescribed lesser included offense under 10 U.S.C. 879.

History. (§ 4 ch 55 SLA 2016; am § 13 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.579; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added “, or of an offense designated by the President of the United States, in the most recent Manual for Courts-Martial, United States, as a presidentially prescribed lesser included offense under 10 U.S.C. 879” and made related changes.

Effective dates. —

Sec. 26.05.705. Attempts.

An act done with specific intent to commit an offense under this chapter that amounts to more than mere preparation and tends, even though failing, to effect its commission, is an attempt to commit the offense.
A member of the militia who attempts to commit an offense under this chapter may be punished as a court-martial may direct, unless otherwise specifically prescribed. However, a court-martial may not direct a punishment for an attempt to commit an offense that is greater than the maximum punishment for the offense.
A member of the militia may be convicted of an attempt to commit an offense under this chapter even if it appears, at the trial, that the offense was consummated.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.580 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.710. Conspiracy.

A member of the militia who conspires with another person to commit an offense under this chapter may, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct, unless otherwise specifically prescribed. However, a court-martial may not direct a punishment for conspiracy to commit an offense that is greater than the maximum punishment for the offense.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.581; renumbered in 2016.

Effective dates. —

Sec. 26.05.715. Solicitation.

A member of the militia who solicits or advises another or others to desert in violation of AS 26.05.730 or to mutiny in violation of AS 26.05.775 may, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not attempted or committed, the member may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of AS 26.05.800 or an act of sedition in violation of AS 26.05.775 may, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the member may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who solicits or advises another person to commit an offense under this chapter, other than an offense specified in (a) or (b) of this section, may be punished by confinement for up to the maximum punishment of the underlying offense, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016; am § 14 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.582; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (c).

Effective dates. —

Sec. 26.05.720. Fraudulent enlistment, appointment, or separation.

A person who procures the person’s own enlistment or appointment in the militia of the state by knowingly false representation or deliberate concealment as to the person’s qualifications for the enlistment or appointment and receives pay or allowances under the enlistment or appointment, or procures the person’s own separation from the militia of the state by knowingly false representation or deliberate concealment as to the person’s eligibility for that separation, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.583; renumbered in 2016.

Effective dates. —

Sec. 26.05.725. Unlawful enlistment, appointment, or separation.

A member of the militia who effects an enlistment or appointment in or a separation from the militia of the state of a person who is known to the member to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.584; renumbered in 2016.

Effective dates. —

Sec. 26.05.730. Desertion.

A person is guilty of desertion if the person is a member of the militia and
1. without authority, goes or remains absent from the person’s unit, organization, or place of duty with intent to remain away from the unit, organization, or place of duty permanently;
2. quits the person’s unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
3. without being regularly separated from one force of the militia of the state,
  1. enlists or accepts an appointment in the same or another force of the militia of the state, the military forces of another state, or one of the armed forces of the United States, without fully disclosing the fact that the person has not been regularly separated; or
  2. enters a foreign armed service except when authorized by the United States.
A commissioned officer of the militia commits the offense of desertion if, after tender of the officer’s resignation and before notice of its acceptance, the officer quits the officer’s post or proper duties without leave and with intent to remain away permanently.
A person found guilty of desertion or attempt to desert may be punished, if the offense is committed in time of war, or emergency as described in AS 26.05.070 ,
1. by confinement of not more than 10 years, by separation with a characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the offense is committed in time of war;
2. by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the desertion or attempt to desert occurs at a time other than a time of war.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.585 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.735. Absence without leave.

A member of the militia who, without authority, (1) fails to go to the member’s appointed place of duty at the time prescribed, (2) goes from the member’s place of duty, or (3) is absent or remains absent from the member’s unit, organization, or place of duty at which the member is required to be at the time prescribed may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.586; renumbered in 2016.

Effective dates. —

Sec. 26.05.737. False or unauthorized pass offenses.

A member of the militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a military or official pass, permit, discharge certificate, or identification card may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who wrongfully sells, gives, lends, or disposes of a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who wrongfully uses or possesses a false or unauthorized military or official pass, permit, discharge certificate, or identification card, knowing that the pass, permit, discharge certificate, or identification card is false or unauthorized, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 15 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.740. Missing movement; jumping from vessel.

A member of the militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or unit with which the member is required, in the course of duty, to move, or (2) intentionally or wrongfully jumps into the water from a vessel in use by the armed forces may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016; am § 16 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.587; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added “, or (2) intentionally or wrongfully jumps into the water from a vessel in use by the armed forces” and made a related change.

Effective dates. —

Sec. 26.05.745. Contempt toward officials.

A commissioned officer of the militia who uses contemptuous words against the President or Vice President of the United States, the United States Congress, the United States Secretary of Defense, the United States Secretary of Homeland Security, the secretary of a military department of the United States, or the governor or legislature of this state may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct.
A court-martial may not impose a sentence of confinement under this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.588; renumbered in 2016.

Effective dates. —

Sec. 26.05.750. Disrespect toward superior commissioned officer.

A member of the militia who behaves with disrespect toward the member’s superior commissioned officer may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct.
A court-martial may not impose a sentence of confinement under this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.589; renumbered in 2016.

Effective dates. —

Sec. 26.05.755. Assaulting or wilfully disobeying superior commissioned officer.

A member of the militia who (1) strikes the member’s superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior officer while the superior officer is in the execution of the superior officer’s office, or (2) wilfully disobeys a lawful command of the member’s superior commissioned officer may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.590 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.760. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

A warrant officer or enlisted member of the militia who (1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while the officer is in the execution of the officer’s office, (2) wilfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer, or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while the officer is in the execution of the officer’s office may be punished by up to two years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.591; renumbered in 2016.

Effective dates. —

Sec. 26.05.765. Failure to obey order or regulation.

Any member of the militia who (1) violates or fails to obey a lawful general order or regulation, (2) having knowledge of any other lawful order issued by a member of the militia of the state that the member has a duty to obey, fails to obey the order, or (3) is derelict in the performance of the member’s duties may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.592; renumbered in 2016.

Effective dates. —

Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty officer, agent, or official.

A member of the militia who wrongfully and wilfully impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of superior authority of one of the armed forces of the United States or of the militia of the state, or (3) an official of a government shall be punished as a court-martial may direct.
A member of the militia who wrongfully, wilfully, and with intent to defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of superior authority of one of the armed forces of the United States or of the militia of the state, or (3) an official of a government may be punished by up to three years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who wrongfully, wilfully, and without intent to defraud impersonates an official of a government by committing an act that exercises or asserts the authority of the office that the person claims to have may be punished by up to six months of confinement, by separation with characterization up to bad-conduct discharge, and by such other punishment as a court-martial may direct.

History. (§ 17 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

A member of the militia who, without proper authority, releases a prisoner committed to the member’s charge or, through neglect or design, suffers a prisoner to escape may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
A member of the militia who unlawfully drinks an alcoholic beverage with a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-marshal may direct, whether or not the prisoner was committed in strict compliance with law.

History. (§ 4 ch 55 SLA 2016; am § 18 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.596; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (b).

Effective dates. —

Sec. 26.05.790. Unlawful detention.

A member of the militia who, except as provided by law or regulation, apprehends, arrests, or confines another person may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.597; renumbered in 2016.

Effective dates. —

Sec. 26.05.793. Wrongful interference with adverse administrative proceeding.

A member of the militia who, having reason to believe that an adverse administrative proceeding is pending against a person subject to this chapter, wrongfully acts with the intent to influence, impede, or obstruct the conduct of the proceeding or otherwise obstruct the due administration of justice may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 19 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.795. Noncompliance with procedural rules.

A member of the militia who knowingly and intentionally

is responsible for unnecessary delay in the disposition of the case of another person accused of an offense under this chapter may be punished by up to six months of confinement, by separation with characterization up to a bad conduct discharge, and by such other punishment as a court-martial may direct; or
fails to enforce or comply with a provision of this chapter regulating the proceedings before, during, or after trial of an accused may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.598; renumbered in 2016.

Effective dates. —

Sec. 26.05.796. Wrongful refusal to testify.

A member of the militia who, during a preliminary hearing or in the presence of a court-martial, board of officers, military commission, court of inquiry, or officer taking a deposition of or for the state, wrongfully refuses to qualify as a witness or answer a question after having been directed to do so by the person presiding over the proceeding may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 20 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

A member of the militia who (1) is placed in correctional custody by a person authorized to do so, (2) is placed under physical restraint while in correctional custody, and (3) escapes from the physical restraint before the member is released from physical restraint by proper authority may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who (1) is placed in correctional custody by a person authorized to do so, (2) is placed under restraint other than physical restraint while in correctional custody, and (3) goes beyond the limits of the restraint before the member is released from or relieved of the restraint by proper authority may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who (1) is ordered to be restricted to certain limits by a person authorized to do so and (2) with knowledge of the limits of the restriction, goes beyond the limits before the member is released from the limitations by proper authority may be punished by up to six months of confinement, by separation with characterization up to bad-conduct discharge, and by such other punishment as a court-martial may direct.

History. (§ 21 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.835. False official statements or oaths.

A member of the militia who, with intent to deceive, signs a false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes a false official statement in the line of duty, knowing it to be false, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who (1) takes an oath that is in a matter in which the oath is required or authorized by law and that is administered by a person who has the authority to administer the oath and (2) makes or subscribes to a statement that is false and that the person does not believe to be true at the time the person takes the oath may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016; am § 22 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.607; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (b).

Effective dates. —

Sec. 26.05.840. Military property; loss, damage, destruction, or wrongful disposition.

A member of the militia who, without proper authority, (1) sells or otherwise disposes of, (2) wilfully or through neglect damages, destroys, or loses, or (3) wilfully or through neglect suffers to be lost, damaged, destroyed, sold, or wrongfully disposed of, military property of the United States or of any state, may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.608; renumbered in 2016.

Effective dates. —

Sec. 26.05.845. Property other than military property; waste, spoilage, or destruction.

A member of the militia who wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongly destroys or damages any property other than military property of the United States or of any state may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.609; renumbered in 2016.

Effective dates. —

Sec. 26.05.850. Improper hazarding of vehicle, aircraft, or vessel.

A member of the militia who wilfully and wrongfully hazards or suffers to be hazarded a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of the state may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who negligently hazards or suffers to be hazarded a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of the state may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.610 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.855. Drunken, impaired, or reckless operation of a vehicle, aircraft, or vessel.

A member of the militia who operates or physically controls a nonmilitary vehicle, aircraft, or vessel in a negligent or reckless manner may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct if the charge is for negligent operation or control, or by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for reckless operation or control. A court-martial may not impose a sentence of confinement under this subsection if the charge is for negligent operation or control.
A member of the militia who (1) operates or physically controls a nonmilitary vehicle, aircraft, or vessel while impaired by a controlled substance, or (2) operates or is in actual physical control of a nonmilitary vehicle, aircraft, or vessel while under the influence of alcohol or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under (d) of this section may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct, or under (e) of this section if the member is not in active duty status at the time of the offense, or by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member is in active duty status at the time of the offense.
A member of the militia who (1) operates or physically controls a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a state in a negligent or reckless manner or while impaired by a controlled substance, or (2) operates or is in actual physical control of a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a state while under the influence of alcohol or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under (d) of this section may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
For purposes of (b) and (c) of this section,
1. in the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the applicable limit on the alcohol concentration in a person’s blood or breath is the lesser of
  1. the blood alcohol content limit under the law of the state in which the conduct occurred, except as provided under (3) of this subsection for conduct on a military installation that is in more than one state; and
  2. the blood alcohol content limit under AS 28.35.030 ;
2. in the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is 0.10 grams of alcohol for each 100 milliliters of blood with respect to alcohol concentration in a person’s blood and is 0.10 grams of alcohol for each 210 liters of breath with respect to alcohol concentration in a person’s breath, as shown by chemical analysis or a lower limit that the Secretary of Defense may prescribe by regulation;
3. in the case of a military installation that is in more than one state, if those states have different blood alcohol content limits under their respective state laws, the Secretary of Defense may select one of the blood alcohol content limits to apply uniformly on that installation.
A member of the militia may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member of the militia is convicted under (b) of this section and has been previously convicted two or more times within the 10 years preceding the date of the present offense.
Unless otherwise specifically defined or unless the context otherwise requires, in this section,
1. “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited;
2. “nonmilitary” means not of the armed forces of the United States or of the militia of a state;
3. “state” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa;
4. “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

History. (§ 4 ch 55 SLA 2016; am §§ 23, 24 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.611; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (b) and (c), substituted “a controlled substance” for “a substance described in AS 26.05.870(c) ” following “impaired by a”.

Effective dates. —

Sec. 26.05.860. Drunkenness and other incapacitating offenses.

A member of the militia, other than a sentinel or lookout, who (1) is found under the influence of alcohol or a controlled substance while on duty, or (2) as a result of the use of any alcoholic beverage or drug, is unable to properly perform the member’s duty may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who, while a prisoner, is drunk or under the influence of a controlled substance other than a controlled substance taken in accordance with a valid prescription may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct

History. (§ 4 ch 55 SLA 2016; am §§ 25, 26 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.612; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in (a), inserted “or a controlled substance” following “influence of alcohol” and “, or (2) as a result of the use of any alcoholic beverage or drug, is unable to properly perform the member’s duty” following “while on duty”; added (b).

Effective dates. —

Sec. 26.05.865. Misbehavior of sentinel.

A sentinel or lookout who (1) as a result of the use of any alcoholic beverage or drug, is unable to properly perform the sentinel’s or lookout’s duties, (2) is found sleeping on the sentinel’s or lookout’s post, (3) leaves the sentinel’s or lookout’s post before being regularly relieved, or (4) loiters or wrongfully sits down on post may be punished, if the offense is committed in time of war or emergency as described in AS 26.05.070 , by confinement of not more than 10 years, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct, but if the offense is committed at any other time, by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016; am § 27 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.613; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, inserted “(1) as a result of the use of any alcoholic beverage or drug, is unable to properly perform the sentinel’s or lookout’s duties, (2)” following “A sentinel or lookout who”, deleted “under the influence of alcohol or” following “is found”, inserted “, or (4) loiters or wrongfully sits down on post” following “regularly relieved”.

Effective dates. —

Sec. 26.05.867. Disrespect toward sentinel or lookout.

A member of the militia who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language or behaves in a wrongful and disrespectful manner that is directed toward and within the hearing of the sentinel or lookout while the sentinel or lookout is executing the sentinel or lookout’s duties may be punished by separation with characterization up to dishonorable discharge and by such other punishment, without confinement, as a court-martial may direct.

History. (§ 28 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.870. Wrongful use or possession of controlled substances.

A member of the militia who wrongfully uses, possesses, manufactures, distributes, or imports a controlled substance into the customs territory of the United States, exports from the United States in violation of the laws of the United States or the state, or who wrongfully introduces a controlled substance into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or the military forces of a state may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for wrongful use or possession, or by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for manufacturing, distributing, or importing.
A court-martial may not impose a sentence of confinement under this section if the charge is for use or possession of marijuana or any marijuana derivative or compound.
[Repealed, § 41 ch 85 SLA 2018.]

History. (§ 4 ch 55 SLA 2016; am § 41 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.614; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, repealed (c).

Effective dates. —

Sec. 26.05.875. Malingering.

A member of the militia who, for the purpose of avoiding work, duty, or service, (1) feigns illness, physical disablement, mental lapse, or derangement, or (2) intentionally inflicts self-injury may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.615 ; renumbered in 2016.

Effective dates. —

Sec. 26.05.880. Riot or breach of peace.

A member of the militia who intentionally causes or wilfully participates in a riot or breach of the peace may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.616; renumbered in 2016.

Effective dates. —

Sec. 26.05.885. Provoking speeches or gestures.

A member of the militia who uses provoking or reproachful words or gestures toward another member of the militia may be punished as a court-martial may direct.
A court-martial may not impose a sentence of confinement or a discharge under this section.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.617; renumbered in 2016.

Effective dates. —

Sec. 26.05.890. Sexual assault.

A member of the militia who commits any of the following acts is guilty of sexual assault and, except as provided under (f) of this section, shall be punished by separation with characterization dishonorable discharge and may, in addition to separation, be punished by up to 10 years of confinement and by such other punishment as a court-martial may direct:
1. a sexual act on another person by
  1. threatening or placing another person in fear;
  2. causing bodily harm to another person;
  3. making a fraudulent representation that the sexual act serves a professional purpose;
  4. inducing a belief by any artifice, pretense, or concealment that the person is another person;
2. a sexual act on another person when the person knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring;
3. a sexual act on another person when the other person is incapable of consenting to the sexual act because of
  1. impairment by a drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person;
  2. a mental disease or defect or physical disability, and that condition is known or reasonably should be known by the person.
A member of the militia who commits or causes sexual contact on or by another person, and in doing so would have violated (a) of this section had the sexual contact been a sexual act, is guilty of abusive sexual contact and may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
In a prosecution under this section, in proving that a person made a threat, it is not necessary to prove that the person actually intended to carry out the threat or had the ability to carry out the threat.
An accused may raise any applicable defenses available under this chapter or the Rules for Courts-Martial (Manual for Courts-Martial, United States, as amended). Marriage is not a defense for any conduct at issue in a prosecution under this section.
In a prosecution under this section where consent is at issue,
1. an expression of lack of consent through words or conduct means there is no consent; lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear may not constitute consent; a current or previous dating, social, or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue may not constitute consent;
2. a sleeping, unconscious, or incompetent person cannot consent; a person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious; a person cannot consent while under threat or fear or under the circumstances described in (a)(1)(C) or (D) of this section;
3. lack of consent may be inferred based on the circumstances of the offense; the surrounding circumstances shall be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.
The convening authority of the court-martial may reduce, commute, or suspend a sentence of separation with characterization dishonorable discharge imposed by a court-martial under (a) of this section to a sentence of separation with characterization bad-conduct discharge if, after sentencing and before the entry of judgment, the accused provides substantial assistance with the investigation or prosecution of another person.
When a person is convicted of an offense under this section that requires the person to register as a sex offender under AS 12.63, the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63.
Unless otherwise specifically defined or unless the context otherwise requires, in this section,
1. “bodily harm” means any offensive touching of another person, however slight, including any nonconsensual sexual act or nonconsensual sexual contact;
2. “consent” means a freely given agreement to the conduct at issue by a competent person;
3. “force” means the use of a weapon, the use of physical strength or violence sufficient to overcome, restrain, or injure a person, or inflicting physical harm sufficient to coerce or compel submission by the victim;
4. “grievous bodily harm” means serious bodily injury, including fractured or dislocated bones, deep cuts, torn members of the body, serious damage to internal organs, and other severe bodily injuries; grievous bodily harm does not include minor injuries such as a black eye or a bloody nose;
5. “sexual act” means
  1. contact between the penis and the vulva, anus, or mouth; in this subparagraph, contact involving the penis occurs upon penetration, however slight;
  2. the penetration, however slight, of the vulva, anus, or mouth of another person by any part of the body or any object, with an intent to abuse, humiliate, harass, or degrade a person or to arouse or gratify the sexual desire of a person;
6. “sexual contact” means
  1. touching, or causing another person to touch, either directly or through the clothing, the genitalia, anus, groin, breast, inner thigh, or buttocks of a person, with an intent to abuse, humiliate, or degrade a person;
  2. touching, or causing another person to touch, either directly or through the clothing, a body part of a person, with an intent to arouse or gratify the sexual desire of a person; touching may be accomplished by any part of the body;
7. “threatening or placing another person in fear” means a communication or action that is of sufficient consequence to cause a reasonable fear that noncompliance will result in the victim or another person being subjected to the wrongful action contemplated by the communication or action.

History. (§ 4 ch 55 SLA 2016; am §§ 29, 30 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.620 ; renumbered in 2016.

In 2020, subsections (f) – (h) were relettered to move definitions to the end of the section.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in the introductory language in (a), substituted “, except as provided under (g) of this section, shall be punished by separation” for “may be punished by up to ten years of confinement, by separation” following “sexual assault and”, inserted “may, in addition to separation, be punished by up to 10 years of confinement and” following “dishonorable discharge and”, and made related and stylistic changes; added (g) and (h).

Effective dates. —

Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee by person in position of special trust.

A member of the militia who (1) is an officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership position with respect to a specially protected junior member of the armed forces of the United States or of the militia of the state, and (3) engages in prohibited sexual activity with the specially protected junior member of the armed forces of the United States or of the militia of the state may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who is a military recruiter and engages in prohibited sexual activity with (1) an applicant for military service or (2) a specially protected junior member of the armed forces of the United States or of the militia of the state who is enlisted under a delayed entry program may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
Consent is not a defense in a prosecution under this section.
When a person is convicted of an offense under this section that requires the person to register as a sex offender under AS 12.63, the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63.

History. (§ 31 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.895. Stalking.

A member of the militia is guilty of stalking and may be punished by up to three years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member
1. wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to the person or a member of the person’s immediate family;
2. has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to the person or a member of the person’s immediate family;
3. induces in a specific person reasonable fear of death or bodily harm, including sexual assault, to the person or to a member of the person’s immediate family.
Unless otherwise specifically defined or unless the context otherwise requires, in this section,
1. “course of conduct” means a repeated maintenance of visual or physical proximity to a specific person or a repeated conveyance of verbal threats, written threats, or threats implied by conduct, or a combination of those threats, directed at or toward a specific person;
2. “immediate family” means a spouse, parent, child, or sibling of the person, or any other family member, relative, or intimate partner of the person who regularly resides in the household of the person or who, within the six months preceding the commencement of the course of conduct, regularly resided in the household of the person;
3. “repeated,” with respect to conduct, means two or more occasions of that conduct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.621; renumbered in 2016.

Effective dates. —

Sec. 26.05.897. Assault.

A member of the militia commits the offense of assault if the person attempts or offers to do bodily harm to another person using unlawful force or violence, whether or not the attempt or offer is consummated. A person who commits assault may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia commits the offense of aggravated assault if the person (1) uses a dangerous weapon or other means or force likely to produce death or grievous bodily harm to commit the offense described in (a) of this section or (2) commits the offense described in (a) of this section and intentionally inflicts grievous bodily harm, with or without a weapon, on another person. A person who commits aggravated assault may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 32 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.900. Other sexual misconduct; indecent viewing, visual recording, or broadcasting.

A member of the militia who knowingly commits any of the following acts without legal justification or lawful authorization is guilty of an offense under this section and may be punished by up to seven years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct:
1. knowingly and wrongfully views the private area of another person, without the other person’s consent and under circumstances in which the other person has a reasonable expectation of privacy;
2. knowingly and wrongfully photographs, videotapes, films, or records, by any means, the private area of another person without the other person’s consent and under circumstances in which the other person has a reasonable expectation of privacy;
3. knowingly broadcasts a recording of another person’s private area that the person knows or reasonably should know was made or broadcast
  1. without the other person’s consent; and
  2. under circumstances in which the other person had a reasonable expectation of privacy;
4. knowingly distributes a recording of another person’s private area that the person knows or reasonably should know was made or distributed
  1. without the other person’s consent; and
  2. under circumstances in which the other person had a reasonable expectation of privacy.
A member of the militia who compels another person to engage in an act of prostitution with another person is guilty of forcible pandering and may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
When a person is convicted of an offense under this section that requires the offender to register as a sex offender under AS 12.63, the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63.
Unless otherwise specifically defined or unless the context otherwise requires, in this section,
1. “act of prostitution” means a sexual act or sexual contact as defined in AS 26.05.890 because of which anything of value is given to or received by another person;
2. “broadcast” means electronically transmitting a visual image with the intent that it be viewed by a person or persons;
3. “distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means;
4. “indecent manner” means conduct that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene, and repugnant to common propriety and that tends to excite sexual desire or deprave morals with respect to sexual relations;
5. “private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple;
6. “reasonable expectation of privacy” means circumstances in which a reasonable person would believe that the person could disrobe in privacy without being concerned that an image of a private area of the person was being captured or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public;
7. “recording” means a still or moving visual image captured or recorded by any means;
8. “without the other person’s consent” has the meaning given to “without consent” in AS 11.41.470 .

History. (§ 4 ch 55 SLA 2016; am §§ 33 — 35 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.622; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Subsection (d) and paragraphs (e)(7) and (8) were enacted as (e) and (d)(7) and (8) respectively; relettered in 2018 to conform to the style of the Alaska Statutes.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, in the introductory language in (a), substituted “seven years of confinement” for “one year of confinement” following “punished by up to”, rewrote (a)(3), which read, “knowingly and wrongfully broadcasts or distributes a recording that the person knows or reasonably should know was made under circumstances described in (2) of this subsection”; added (d)(7) and (8) [now (e)(7) and (8)]; added (e) [now (d)].

Effective dates. —

Sec. 26.05.905. Larceny and wrongful appropriation.

A member of the militia who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or another person any money, personal property, or article of value with intent permanently to deprive or defraud another person of the use and benefit of the property or to appropriate it for the person’s own use or the use of a person other than the owner steals that property and is guilty of larceny and may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or another person any money, personal property, or article of value with intent temporarily to deprive or defraud another person of the use and benefit of the property or to appropriate it for the person’s own use or the use of a person other than the owner is guilty of wrongful appropriation and may be punished by up to six months of confinement, by separation with characterization up to a bad conduct discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.623; renumbered in 2016.

Effective dates. —

Sec. 26.05.910. Forgery.

A member of the militia who, with intent to defraud, (1) falsely makes or alters a signature to or a part of any writing that would, if genuine, apparently impose a legal liability on another person or change the legal right or liability of the person to their prejudice, or (2) utters, offers, issues, or transfers that writing, which the person knows to be falsely made or altered, is guilty of forgery and may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 4 ch 55 SLA 2016)

Revisor's notes. —

This section was enacted as AS 26.05.624; renumbered in 2016.

Effective dates. —

Although not specifically mentioned in this chapter, all disorders and acts that prejudice good order and discipline in the militia of the state and all conduct of a nature to bring discredit on the militia of the state shall be considered by a court-martial and punished as a court-martial may direct.
A member of the militia who commits an enumerated offense punishable under Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice), except for those enumerated offenses relating to wrongful cohabitation, may, upon conviction, be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct.
A court-martial may not impose a sentence of confinement under (a) or (b) of this section.
When a person is convicted of an enumerated offense under (b) of this section that requires the offender to register as a sex offender under AS 12.63, the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63.

History. (§ 4 ch 55 SLA 2016; am § 37 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.634; renumbered in 2016.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (d).

Effective dates. —

Sec. 26.05.940. Offenses concerning government computers.

A member of the militia who (1) knowingly accesses a government computer with an unauthorized purpose, (2) by accessing the government computer obtains classified information, and (3) with reason to believe the information could be used to the injury of the United States or to the advantage of any foreign nation, intentionally communicates, delivers, or transmits the information, or causes the information to be communicated, delivered, or transmitted, to any person who is not entitled to receive the information may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who intentionally accesses a government computer with an unauthorized purpose and by accessing the government computer obtains classified or other protected information from the government computer may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
A member of the militia who knowingly causes the transmission of a program, information, code, or command and, as a result of that conduct, intentionally and without authorization causes damage to a government computer may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 38 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Sec. 26.05.945. Breach of medical quarantine.

A member of the militia who is ordered into medical quarantine by a person authorized to issue the quarantine order and who, with knowledge of the quarantine order and the limits imposed under the quarantine order, goes beyond the limits imposed under the quarantine order before the person is released from quarantine by proper authority may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

History. (§ 38 ch 85 SLA 2018)

Effective dates. —

Section 46, ch. 85, SLA 2018 makes this section effective January 1, 2019.

Article 3. General Provisions.

Cross references. —

For provision providing that AS 26.05.360 — 25.05.990 “apply to offenses occurring on or after August 7, 2016”, see sec. 11, ch. 55, SLA 2016, in the 2016 Temporary and Special Acts.

For provision relating to the applicability of the 2018 changes to this chapter by ch. 85, SLA 2018, see sec. 42, ch. 85, SLA 2018, in the 2018 Temporary and Special Acts.

Sec. 26.05.990. Definitions.

In this chapter, unless the context otherwise requires,

“accuser” means a person who signs and swears to charges, a person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused;
“arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits;
“cadet,” “candidate,” or “midshipman” means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the militia of the state;
“classified information” means
1. information or material that has been determined by an official of the United States or any state under law, an executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and
2. restricted data, as defined in 42 U.S.C. 2014(y) (Atomic Energy Act of 1954);
“code of military justice” means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter;
“commanding officer” or “commander” includes only commissioned officers of the militia of the state and includes officers in charge only when administering a nonjudicial punishment under the code of military justice;
“confinement” means the physical restraint of a person;
“controlled substance” means
1. opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana;
2. a compound or derivative of a substance specified in (A) of this paragraph;
3. a substance not specified in (A) or (B) of this paragraph that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of the armed forces of the United States under 10 U.S.C. 801 — 946 (Uniform Code of Military Justice);
4. a substance not specified in (A) or (B) of this paragraph or on a list prescribed by the President under (C) of this paragraph that is listed in 21 U.S.C. 812, schedules I through V;
5. an illicit synthetic drug identified in AS 17.21.010 ;
“convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority;
“day” means calendar day and is not synonymous with the term “unit training assembly”;
“department” means the Department of Military and Veterans’ Affairs;
“enlisted member” means a person in an enlisted grade;
“military court” means a court-martial;
“military judge” means an official of a general or special court-martial described under AS 26.05.470 ;
“militia” or “militia of the state” means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force;
“national or state security” means the national defense and foreign relations of the United States;
“officer” means a commissioned or warrant officer;
“officer in charge” means a member of the naval militia, United States Navy, United States Marine Corps, or United States Coast Guard designated by the appropriate authority;
“record,” when used in connection with the proceedings of a court-martial, means
1. an official written transcript, written summary, or other writing relating to the proceedings; or
2. an official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced;
“reviewing authority” means the Military Appeals Commission and the Alaska supreme court;
“senior force judge advocate” means the senior judge advocate of the commander of the same force of the militia of the state as the accused and who is that commander’s chief legal advisor;
“unit” means a regularly organized body of the militia of the state not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.

History. (§ 4 ch 55 SLA 2016; am § 39 ch 85 SLA 2018)

Revisor's notes. —

This section was enacted as AS 26.05.900 ; renumbered in 2016 at which time cross references to other renumbered sections were also corrected.

Paragraph (8) was enacted as (22); renumbered in 2018, at which time other paragraphs were also renumbered.

Effect of amendments. —

The 2018 amendment, effective January 1, 2019, added (22) [now (8)].

Effective dates. —

Chapter 10. Veterans.

Collateral references. —

77 Am. Jur. 2d, Veterans and Veterans’ Laws, § 1 et seq.

Article 1. Veterans’ Services.

Administrative Code. —

For reimbursement of veterans’ service organizations for rehabilitation and service work, see 10 AAC 10.

Sec. 26.10.010. Regulations.

The Department of Military and Veterans’ Affairs shall adopt regulations necessary to carry out the purposes of this chapter.

History. (§ 3 ch 109 SLA 1951; am E.O. No. 58, § 8 (1984); am § 13 ch 126 SLA 1994)

Sec. 26.10.020. Veterans service fund. [Repealed, § 12 ch 42 SLA 1997.]

Sec. 26.10.030. Acceptance of gifts, donations, and grants.

The Department of Military and Veterans’ Affairs may receive gifts, donations, and grants from any person or agency. All gifts, donations, and grants shall be used in accordance with the donor’s instructions.

History. (§ 5 ch 109 SLA 1951; am E.O. No. 58, § 9 (1984); am § 2 ch 42 SLA 1997)

Sec. 26.10.040. Training in rehabilitation and service work.

The Department of Military and Veterans’ Affairs may approve expenditures by veterans’ organizations and may reimburse them for their expenditures in employing full time service officers, for necessary travel expenses, including travel by service officers outside of the state not more than once each year for purposes of training in veterans’ rehabilitation and service work, and for per diem not exceeding that allowed state employees. The department shall limit payments to veterans’ organizations to an amount that will fairly compensate them for salaries and expenses paid to their full time service officers in performing rehabilitation work for veterans, including the prosecution of their claims and solution of their problems arising out of military service. This service and assistance shall be given to all veterans and their dependents and to all beneficiaries of any military claim and shall include but not be limited to those services now given by the service departments of the respective organizations.

History. (§ 6 ch 109 SLA 1951; am § 1 ch 161 SLA 1955; am E.O. No. 58, § 10 (1984))

Administrative Code. —

For reimbursement of veterans service organizations for rehabilitation and service work, see 10 AAC 10.

Sec. 26.10.050. Approval of payments.

Payment to a veterans’ organization shall first be approved by the Department of Military and Veterans’ Affairs and so far as possible shall be on an equitable basis for rehabilitation work done.

History. (§ 7 ch 109 SLA 1951; am E.O. No. 58, § 11 (1984))

Administrative Code. —

For reimbursement of veterans service organizations for rehabilitation and service work, see 10 AAC 10.

Article 2. Miscellaneous Provisions.

Sec. 26.10.060. Extension of Universal Military Training and Service Act provisions to Alaska employees.

The provisions of 50 U.S.C. App. 459 (sec. 9, Universal Military Training and Service Act), as amended, are extended to this state and its political subdivisions.
In this section, “veteran” means a person
1. subject to the Universal Military Training and Service Act; or
2. who served in the Alaska Territorial Guard.

History. (§ 44-2-1 ACLA 1949; am § 1 ch 50 SLA 1962; am § 9 ch 93 SLA 1991; am § 39 ch 56 SLA 2005)

Sec. 26.10.065. Disposition of remains of state resident armed forces personnel on duty status.

Except as provided in (b) of this section, if a state resident who is a member of the armed forces has executed the United States Department of Defense Military Record of Emergency Data Form (DD Form 93), or its successor form, to serve as a record of emergency data and, on that form, has designated a person who is authorized to direct the disposition of the member’s remains if the member dies while in a duty status as described in 10 U.S.C. 1481, notwithstanding any other provision of law, the person authorized to direct the disposition of remains on the executed form has the right to make the decisions concerning the disposition of the member’s remains.
If a state resident who is a member of the United States Coast Guard has executed the United States Coast Guard Designation of Beneficiaries and Record of Emergency Data Form (CG-2020D), or its successor form, to serve as a record of emergency data and, on that form, has designated a person who is authorized to direct the disposition of the member’s remains if the member dies while in a duty status as described in 10 U.S.C. 1481, notwithstanding any other provision of law, the person authorized to direct the disposition of remains on the executed form has the right to make the decisions concerning the disposition of the member’s remains.

History. (§ 2 ch 1 SLA 2011)

Sec. 26.10.070. Record of veterans of the armed forces of the United States.

A veteran may record without fee the veteran’s armed forces report of separation at a recorder’s office of the Department of Natural Resources.
[Repealed, § 2 ch 25 SLA 2001.]

History. (§ 44-2-2 ACLA 1949; am § 1 ch 75 SLA 1955; am § 2 ch 35 SLA 1981; am §§ 1, 2 ch 25 SLA 2001)

Cross references. —

For free copies of public records for veterans, see AS 40.25.121 .

Sec. 26.10.080. Death gratuity.

The Department of Military and Veterans’ Affairs shall pay, upon application, a death gratuity in the amount of $750 to the surviving spouse of a qualified veteran who was a resident of the state at the time of death. If the veteran has no surviving spouse, the gratuity shall be paid to the personal representative of the veteran. A veteran is qualified under this subsection if the veteran’s
1. burial occurred in the state on or after May 13, 1984; or
2. death occurred on or after September 19, 1990.
A death gratuity may be paid for a veteran otherwise eligible under (a) of this section even if the veteran died while temporarily absent from the state.
The Department of Military and Veterans’ Affairs may not pay a death gratuity unless the veteran for whom payment is made received an honorable discharge or a general discharge under honorable conditions.
In this section,
1. “personal representative” includes administrator, executor, special administrator, successor personal representative, and persons who perform substantially the same function under the law governing their status;
2. “veteran” means
  1. a person who served in a branch of the armed services of the United States
    1. who at the time of entry into the service was a resident of the territory or state, who had been a resident for not less than one year immediately before entry into the service, and who returned to the territory or state within one year after discharge as a resident with the intention of remaining in the territory or state; or
    2. who was a resident of the state for not less than one year immediately preceding the time of death; or
  2. a person who served in the Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia, or who served in a reserve unit of the United States armed forces in Alaska if the reserve unit required a minimum of one weekend of duty each month and 15 consecutive days of active duty training each year for not less than three years.

History. (§ 1 ch 98 SLA 1982; am § 14 ch 67 SLA 1983; am E.O. No. 58, § 12 (1984); am § 1 ch 7 SLA 1984; am § 1 ch 16 SLA 1985; am § 1 ch 146 SLA 1990)

Revisor’s notes. —

In subsection (c) of this section, “Department of Military and Veterans’ Affairs” was substituted for “division of veterans’ affairs” under § 27, E.O. 58, in 1984.

Sec. 26.10.085. Persons providing veterans’ benefits services; disclosure.

A person that provides veterans’ benefits services or veterans’ benefits appeal services to a veteran or a veteran’s dependents, survivors, or personal representative for compensation shall disclose to the veteran or veteran’s dependents, survivors, or personal representative that veterans’ benefits services and veterans’ benefits appeal services are provided at no cost by the Department of Military and Veterans’ Affairs.
The disclosure required under (a) of this section must appear on an agreement to provide veterans’ benefits services or veterans’ benefits appeal services. The veteran or veteran’s dependents, survivors, or personal representative shall acknowledge receipt by signing and dating the disclosure, and the person providing the services shall retain a copy of the signed acknowledgment. The adjutant general of the Department of Military and Veterans’ Affairs shall develop the disclosure required under (a) of this section and publish the disclosure on the department’s publicly available Internet website.
An advertisement for veterans’ benefits services or veterans’ benefits appeal services must include the disclosure required under (a) of this section, communicated in a clear and conspicuous manner.
A person who violates this section shall forfeit compensation and is subject to a civil penalty of not more than $1,000 for each violation. Each day of continuing noncompliance constitutes a separate violation. This subsection does not apply to an owner or employee of a medium in which an advertisement appears or through which an advertisement is disseminated.
In this section,
1. “advertisement” means a commercial message in a communications medium that directly or indirectly promotes the solicitation of business, provides information about veterans’ benefits services or veterans’ benefits appeal services, or promotes a person who offers veterans’ benefits services or veterans’ benefits appeal services;
2. “veteran” means an individual who
  1. served in the
    1. armed forces of the United States, including a reserve unit of the United States armed forces; or
    2. Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and
  2. was separated from service under a condition that was not dishonorable;
3. “veterans’ benefits” means a present or future gain or advantage to a veteran or a veteran’s dependents, survivors, or personal representative that results from the beneficiary’s veteran status;
4. “veterans’ benefits appeal services” means services performed to assist a veteran or a veteran’s dependents, survivors, or personal representative in appealing a denial of federal or state veterans’ benefits;
5. “veterans’ benefits services” means services provided to a veteran or a veteran’s dependents, survivors, or personal representative to assist the veteran or dependent, survivor, or personal representative in obtaining federal or state veterans’ benefits.

History. (§ 1 ch 31 SLA 2021)

Effective dates. —

Section 1, ch. 31, SLA 2021, which enacted this section, took effect on November 26, 2021.

Sec. 26.10.090. Alaska Territorial Guard veterans included.

In this chapter, except where otherwise indicated, “veteran” includes a person who served in the Alaska Territorial Guard.

History. (§ 10 ch 93 SLA 1991)

Chapter 15. Veterans’ Loans.

Administrative Code. —

For veteran’s loan assumptions, see 3 AAC 41.

Notes to Decisions

Transfer of property to nonveteran. —

A contract transferring property financed by a veterans’ loan to a nonveteran was not expressly prohibited or illegal, and was not void as against public policy. Currington v. Johnson, 685 P.2d 73 (Alaska 1984).

Option contract transferring property financed by a veterans’ loan to a nonveteran was not voidable under the doctrine of frustration of purpose because the veterans’ loan could be called due since the veteran’s deed of trust provided for such event, and the veteran therefore clearly had reason to know of the possibility of acceleration of his veterans’ loan at the time the option contract was formed. Currington v. Johnson, 685 P.2d 73 (Alaska 1984).

Sec. 26.15.010. Powers and duties of Department of Commerce, Community, and Economic Development with respect to veterans’ loans.

The Department of Commerce, Community, and Economic Development shall administer the laws and regulations relating to the veterans’ loan program, adopt new regulations, and recommend legislation.
The department shall obtain the guarantee of the United States under the Servicemen’s Re-Adjustment Act on loans as prescribed by regulations of the department. Under regulations of the department, the department may guarantee or insure loans or portions of loans not to exceed 90 percent as may be obtainable by veterans having the qualifications of beneficiaries under this chapter from any person, firm, corporation, bank, savings and loan association, or an agency or instrumentality of the United States, and may grant participating portions of the loans.
Under regulations of the department, the department may grant loans to two or more qualified veterans to engage in the same business, as a partner or joint venturer with one or more other persons. However, if one or more veterans engage as a partner in a business or joint venture with a nonveteran, the department shall require the nonveteran or nonveterans to contribute equally to the capital assets of the business or joint venture.
Under regulations of the department, the department may enter into contracts with insurance companies for mortgage insurance coverage on veteran loans.

History. (§ 44-2-12 (c) ACLA 1949; am ch 83 SLA 1951; am § 1 ch 44 SLA 1967)

Revisor’s notes. —

In 1999, in (a) of this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, in (a) of this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For guaranteed loans, see 3 AAC 40.

For veteran’s loan assumptions, see 3 AAC 41.

For repossessed property, see 3 AAC 77.

Editor’s notes. —

The Servicemen’s Re-Adjustment Act cited in (b) of this section was originally enacted in 1944 and was codified in 38 U.S.C. 1801 — 1827. Later amendments to the act are scattered throughout many titles of U.S.C.

Sec. 26.15.020. Validation of certain documents.

The deeds, mortgages, assignments, or other documents made, executed, and delivered in conformity with the provisions of this chapter and as otherwise required by law, in which the designation “Veterans’ Affairs Commission” appears, whether as grantor, grantee, mortgagee, assignor, assignee, or otherwise, are validated and confirmed, and all obligations incurred under the provisions of any such deed, mortgage, assignment, or other instrument by the Territory of Alaska, the Alaska World War II Veterans’ Board, or the commissioner of veterans’ affairs, in an official capacity, are hereby declared to be good, valid, and subsisting obligations, and the covenants, conditions, and provisions, if any, prescribed to be kept, paid, performed, or observed, imposed upon any party described in any such instrument shall be discharged as herein set forth, the fact that the officer executing and delivering any such instrument added to the officer’s signature the description “Veterans’ Affairs Commission,” notwithstanding.

History. (§ 44-2-12 (c) ACLA 1949; am ch 83 SLA 1951)

Sec. 26.15.030. Powers and duties of Department of Commerce, Community, and Economic Development in general.

The Department of Commerce, Community, and Economic Development shall formulate general policies and adopt regulations, including regulations to establish reasonable fees for services provided.
The department may hold hearings and subpoena witnesses and documents, and administer oaths in connection with hearings.
The department shall
1. cooperate with the federal government in matters of mutual concern pertaining to loans to Alaskan veterans;
2. make reports that the federal government may desire;
3. cooperate with the state and its political subdivisions and agencies;
4. adopt regulations necessary for the conduct of its business and for carrying out the provisions of this chapter, and make necessary regulations to maintain such standards;
5. require bonds and undertakings from persons employed by it as shall in its judgment be necessary, and pay the premiums on them;
6. establish regional and local offices and advisory groups that are necessary or considered expedient to carry out or assist in carrying out its duties and authorities;
7. charge and collect the fees established under this section.

History. (§ 44-2-12 (d) ACLA 1949; am E.O. No. 58, §§ 13, 25 (1984); am §§ 40, 41 ch 36 SLA 1990)

Revisor’s notes. —

Administrative Code. —

For guaranteed loans, see 3 AAC 40.

For veteran’s loan assumptions, see 3 AAC 41.

For repossessed property, see 3 AAC 77.

Sec. 26.15.040. Veterans’ loans.

The commissioner of commerce, community, and economic development may, under regulations and policies, make the following loans:
1. personal loans may be made for educational, domestic, remote area family housing and other personal purposes, not exceeding $10,000; the loans shall be secured by acceptable collateral when available but if not available the commissioner may make loans on the basis of good character; the rate of interest may not exceed nine and one-half percent a year on the unpaid balance;
2. [Repealed, § 77 ch 106 SLA 1980.]
3. business loans not exceeding $125,000 may be made to acquire, finance or refinance or equip businesses, including mining and fishing but not including farming, if the loan applicant has had three or more years of general business experience; the loans shall be secured by acceptable collateral and may not exceed 75 percent of the appraised value of the collateral offered as security; the rate of interest may not exceed nine and one-half percent a year on the unpaid balance;
4. multiple dwelling loans not exceeding $110,000 may be made to purchase, remodel, repair, build, furnish, refinance or equip multiple dwellings; the loans shall be secured by acceptable collateral and may not exceed 75 percent of the appraised value of the collateral offered as security; the rate of interest may not exceed nine and one-half percent a year on the unpaid balance.
The commissioner of commerce, community, and economic development may enter into agreements with private banks, other lending institutions and individuals for the purpose of guaranteeing loans made to qualified applicants. The guarantees may not exceed 90 percent of the amount loaned and the loans shall be secured in the same manner provided for direct loans under this section. A loan made under this subsection and guaranteed by the commissioner of commerce, community, and economic development and the state shall bear an interest rate not exceeding nine and one-half percent a year on the unpaid balance.
Loans authorized by former (a)(2) of this section or (a)(3) and (4) of this section may not be made unless the commissioner of commerce, community, and economic development is satisfied that money at a comparable rate of interest is not available to the applicant from private lending institutions on a guaranteed basis as set out in (b) of this section. An applicant is eligible for more than one type of loan, but the total may not exceed $125,000 at any one time.
Money loaned shall be disbursed to the borrower from the treasury, vouchered in the manner prescribed for state disbursing officers, and charged against the Alaska World War II veterans’ revolving fund. Each voucher shall be approved by the commissioner of commerce, community, and economic development or any bonded deputy authorized to act as a certifying officer. Upon repayment of loans by installments, or otherwise, in accordance with the prescribed terms, or upon liquidation by foreclosure or other process, or upon receipt of interest, the money so received shall be turned over to the commissioner of revenue for deposit in the Alaska World War II veterans’ revolving fund.
If a loan made under (a)(3) of this section is assigned by the borrower or if the real property that secures a loan made under former (a)(2) or under (a)(4) of this section is transferred by the borrower, the commissioner of commerce, community, and economic development shall allow the assignee or transferee to assume the outstanding indebtedness on the loan unless the commissioner determines in writing that the credit of the assignee or transferee is not satisfactory to assure repayment of the loan. The assignee or transferee may assume the outstanding indebtedness on the loan at the existing interest rate on the loan.

History. (§ 44-2-12(e) ACLA 1949; am § 1 ch 87 SLA 1949; am ch 96 SLA 1953; am § 1 ch 137 SLA 1960; am §§ 1 — 3 ch 54 SLA 1965; am §§ 1, 2 ch 51 SLA 1966; am § 1 ch 91 SLA 1966; am §§ 1, 2 ch 62 SLA 1967; am §§ 1 — 3 ch 8 FSSLA 1967; am §§ 1, 2 ch 73 SLA 1969; am §§ 1 — 4 ch 109 SLA 1971; am §§ 1, 2 ch 27 SLA 1974; am §§ 1, 2 ch 25 SLA 1977; am §§ 15, 16 ch 72 SLA 1979; am §§ 34, 77 ch 106 SLA 1980; am § 31 ch 113 SLA 1982; am § 42 ch 36 SLA 1990; am § 15 ch 175 SLA 2004)

Revisor’s notes. —

Section 71, ch. 106, SLA 1980 provides that no further loans may be made under (a)(3) of this section after July 1, 1981.

In 1999, in this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” throughout this section, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For veteran’s loan assumptions, see 3 AAC 41.

For repossessed property, see 3 AAC 77.

Sec. 26.15.050. Interest rates.

The provisions of AS 26.15.040 applying to interest rates apply only to loans made after April 1, 1967. The interest rates on loans made before April 1, 1967 shall be prescribed at the time the loan was made.

History. (§ 2 ch 137 SLA 1960; am § 3 ch 62 SLA 1967)

Sec. 26.15.060. Sale or transfer of preferred commercial paper. [Repealed, § 33 ch 141 SLA 1988.]

Sec. 26.15.070. Sale or transfer of mortgages and notes.

The commissioner of commerce, community, and economic development may sell or transfer at par value or at a premium or discount to any bank or other private purchaser for cash or other consideration the mortgages and notes held by the Department of Commerce, Community, and Economic Development as security for loans made under this chapter.
[Repealed, § 14 ch 122 SLA 1980.]

History. (§ 1 ch 127 SLA 1961; am § 5 ch 109 SLA 1971; am § 17 ch 72 SLA 1979; am § 14 ch 122 SLA 1980)

Revisor’s notes. —

In 1999, in (a) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” and “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, in (a) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development” and “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Sec. 26.15.080. Power of commissioner to assign and sell mortgages. [Repealed, § 34 ch 21 SLA 1985.]

Sec. 26.15.085. Disposal of property acquired by default or foreclosure.

The Department of Commerce, Community, and Economic Development shall dispose of property acquired through default or foreclosure of a loan made under this chapter. Disposal shall be made in a manner that serves the best interests of the state, and may include the amortization of payments over a period of years.

History. (§ 14 ch 79 SLA 1985)

Revisor’s notes. —

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, in this section, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development”, in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For repossessed property, see 3 AAC 77.

Sec. 26.15.090. Alaska World War II veterans’ revolving fund.

There is created the Alaska World War II veterans’ revolving fund to carry out this chapter. Except as provided in (b) and (c) of this section, the fund may not be used for any other purpose.
Money in the fund may be used by the legislature to make appropriations for costs of administering this chapter.
On June 30 of each fiscal year the unexpended and unobligated cash balance of the fund that is attributable to loans owned by the fund lapses into the general fund.

History. (§ 44-2-13 ACLA 1949; am §§ 43, 44 ch 36 SLA 1990)

Sec. 26.15.095. Special account established.

There is established as a special account within the Alaska World War II veterans’ revolving fund the foreclosure expense account. This account is established as a reserve from fund equity.
The commissioner of commerce, community, and economic development may expend money credited to the foreclosure expense account when necessary to protect the state’s security interest in collateral on loans made under AS 26.15.040 or to defray expenses incurred during foreclosure proceedings after a default by an obligor.

History. (§ 15 ch 79 SLA 1985; am § 88 ch 58 SLA 1999)

Revisor’s notes. —

In 1999, in (b) of this section, “commissioner of commerce and economic development” was changed to “commissioner of community and economic development” in accordance with § 88, ch. 58, SLA 1999.

In 2004, in (b) of this section, “commissioner of community and economic development” was changed to “commissioner of commerce, community, and economic development”, in accordance with § 3, ch. 47, SLA 2004.

Secs. 26.15.100 — 26.15.120. Repayment of loan fund; limitation on securing bonus and loan; bonus payments. [Repealed, § 25 ch 94 SLA 1980.]

Sec. 26.15.130. Eligibility for loans.

Qualifications for loans under this chapter are as follows:
1. persons who served in the armed forces of the United States for 90 days or more, or whose service was for less than 90 days because of injury or disability incurred in the line of duty, between April 6, 1917, and November 11, 1918, between September 16, 1940, and November 7, 1975, between August 2, 1990, and January 2, 1992, or beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom, or who served in a combat zone during any period of armed conflict, or during any time period listed in 5 U.S.C. 2108(1), who were separated from the armed forces with a discharge other than dishonorable, and
  1. who, at the time of induction into the service, were residents of the territory or state, who had been residents for not less than one year immediately before their induction, and who returned to the territory or state after discharge as residents with the intention of remaining in the territory or state; or
  2. who, not being bona fide residents of the territory or state before their entry into the service, have been residents of the territory or state for one or more years;
2. persons who were dependent on a member of the armed forces or a veteran of World War II at the time of the member’s or veteran’s death, if
  1. the member or veteran was a resident of the territory or state for one year before induction into the service; and
  2. the member or veteran served in the armed forces for at least 90 days between September 16, 1940, and July 25, 1947, but benefits for loans do not accrue to dependents of an enlistee or re-enlistee for time served after November 1, 1945, regardless of whether the enlistment or reenlistment was before or after November 1, 1945; and
  3. the member or veteran died before the official date of the termination of that war; and
  4. the member’s or veteran’s discharge was not dishonorable;
3. persons who have served in the Alaska Army National Guard or the Alaska Air National Guard or the Alaska Naval Militia for not less than six years and who have not received a discharge other than honorable.
Dependents must be unmarried and the deceased member of the armed forces or deceased veteran must have been their chief means of support and they must be either a widow, widower, minor son, minor daughter, or mother, father, sister or brother incapable of self-support. Dependents must be residents of the territory or state at the time of making application and intend to reside in the territory or state permanently. The rights of minor children may be exercised only if they have no surviving parent and have an appointed guardian who may apply on their behalf to secure a loan for their care, support, education or other purposes mentioned in AS 26.15.040 or to receive the bonus for those purposes.
A person who has a past due child support obligation established by court order or by the child support services agency under AS 25.27.160 — 25.27.220 at the time of application is not eligible for a loan under this chapter.

History. (§ 44-2-14 ACLA 1949; am § 2 ch 87 SLA 1949; am § 1 ch 137 SLA 1955; am § 1 ch 94 SLA 1963; am §§ 3, 4 ch 51 SLA 1966; am § 1 ch 57 SLA 1968; am § 6 ch 109 SLA 1971; am § 1 ch 68 SLA 1974; am § 1 ch 69 SLA 1974; am § 26 ch 94 SLA 1980; am § 15 ch 67 SLA 1983; am § 6 ch 116 SLA 1986; am § 5 ch 102 SLA 2014)

Revisor’s notes. —

In 2004, “child support enforcement division” was changed to “child support services agency” in (c) of this section in accordance with § 12(a), ch. 107, SLA 2004, and to correct a manifest error.

Cross references. —

For governor’s transmittal letter for ch. 102, SLA 2014, amending subsection (a), see 2014 Senate Journal 1469 — 1470.

Notes to Decisions

Transfer of property to nonveteran. —

Sec. 26.15.140. Eligibility for benefits under this chapter.

A person is not eligible for benefits under this chapter if the person is eligible under the laws of any other state or territory for a veterans loan or bonus.

History. (§ 44-2-14 ACLA 1949; am § 2 ch 87 SLA 1949; am § 1 ch 137 SLA 1955)

Sec. 26.15.150. Eligibility for bonuses. [Repealed, § 25 ch 94 SLA 1980.]

Sec. 26.15.160. Extension of chapter to members of the Alaska Territorial Guard and to veterans of the armed forces of the United States.

The provisions of this chapter, except those provisions relating to the payment of bonuses, are extended to persons who served in the Alaska Territorial Guard and to veterans of the armed forces of the United States, who served other than dishonorably on active duty between June 25, 1950, and January 31, 1955, between August 4, 1964, and November 7, 1975, between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom, or during any time period listed in 5 U.S.C. 2108(1) and to dependents of those persons, subject to the following provisions and eligibility qualifications:

persons are eligible
1. who served in the Alaska Territorial Guard, who were discharged other than dishonorably from the armed forces of the United States, or who are released to a reserve component; and
2. who, at the time of entry into the service, were bona fide residents of the territory or State of Alaska and had been residents of the territory or state for not less than one year before their entry into the service; and who have returned to the territory or state within a reasonable length of time after the end of their service in the Alaska Territorial Guard or their discharge or separation as residents with the intention of remaining in the territory or state; or who, not being bona fide residents of the territory before their entry into the service, have lived in the territory or state for at least five years following their release from active military service; and
3. who served in the armed forces of the United States for 90 days or more, or whose service was for a lesser period because of injury or disability incurred in line of duty, between June 25, 1950, and January 31, 1955, between August 4, 1964, and July 1, 1977, between August 2, 1990, and January 2, 1992, beginning September 11, 2001, and ending on the day prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom, or during any time period listed in 5 U.S.C. 2108(1), or who served in the Alaska Territorial Guard for 90 days or more or whose service in the Alaska Territorial Guard was for a lesser period because of injury or disability incurred in the line of duty;
persons are eligible who were dependent upon a member of the Alaska Territorial Guard or armed forces or upon a veteran, including persons who served in the Alaska Territorial Guard, eligible for the benefits of this chapter at the time of the member’s or veteran’s death if the member or veteran was a resident of the territory for one year before entry into service; dependents must be unmarried and the deceased veteran or member of the armed forces must have been their chief means of support and they must be either a widow, widower, minor child, or a mother, father, sister, or brother incapable of self-support; dependents must be residents of the state at the time of application and shall intend to remain residents in the state permanently; the rights of minor children under this chapter may be exercised only if they have no surviving parent and have an appointed guardian who may apply on their behalf for the benefits of this chapter for their care, support, or education;
a person who is eligible for veteran’s benefits under the laws of any other state or territory is not eligible for the benefits of this section unless the person has lived in the state or territory for at least five years following the end of the person’s service in the Alaska Territorial Guard or release from active military service; a World War II veteran who received a bonus under former AS 26.15.120 and former AS 26.15.150 need not repay the bonus in order to qualify under the loan provisions of this section;
for persons otherwise eligible for the benefits under this section, who did not return to the state or territory not later than one year after the end of the persons’ service in the Alaska Territorial Guard or separation from the service unless prevented from doing so for medical, educational, or other valid purposes approved by the Department of Commerce, Community, and Economic Development not later than one year after the end of the persons’ service in the Alaska Territorial Guard or separation from the service, an additional requirement of four years’ residence in the state or territory before their entry into the service is imposed to entitle them to the benefit provisions of this section.

History. (§ 1 ch 139 SLA 1953; am § 1 ch 19 SLA 1955; am §§ 1, 2 ch 146 SLA 1960; am § 15 ch 2 SLA 1964; am § 5 ch 51 SLA 1966; am §§ 2, 3 ch 68 SLA 1974; am § 3 ch 25 SLA 1977; am § 27 ch 94 SLA 1980; am § 62 ch 59 SLA 1982; am § 11 ch 93 SLA 1991; am § 6 ch 102 SLA 2014)

Revisor’s notes. —

This section as enacted by § 1, ch. 139, SLA 1953, specified that the end of the period of eligibility for benefits under the act was to be “the cessation of the present national emergency as determined and proclaimed by the governor of Alaska.” The determination and proclamation were made on April 11, 1955, that the emergency ended on January 31, 1955, by Governor B. Frank Heintzleman. The date of January 31, 1955 has been substituted in two places in the section for the quoted words.

In 1999, in this section, “Department of Commerce and Economic Development” was changed to “Department of Community and Economic Development” in accordance with § 88, ch. 58, SLA 1999.

Cross references. —

For governor’s transmittal letter for ch. 102, SLA 2014, see 2014 Senate Journal 1469 — 1470.

Notes to Decisions

Cited in

Currington v. Johnson, 685 P.2d 73 (Alaska 1984).

Collateral references. —

Applicability to fringe benefits of Vietnam Era Veterans’ Readjustment Assistance Act provision establishing veterans’ reemployment rights (38 USCS § 2021), 83 ALR Fed. 908.

Sec. 26.15.170. Short title. [Repealed, § 25 ch 94 SLA 1980.]

Chapter 20. Homeland Security and Civil Defense.

Collateral references. —

53A Am. Jur. 2d, Military and Civil Defense, § 383 et seq.

Sec. 26.20.010. Policy and purpose.

Because of the possibility of enemy or terrorist attack, sabotage, or other hostile action against or in the state, and in order to ensure adequate preparations for attack or emergencies, and generally to provide for homeland security and the common defense, it is found and declared to be necessary to
1. provide for a state homeland security and civil defense agency;
2. confer upon the governor the emergency powers provided in this chapter;
3. provide for mutual aid and cooperation among the state, local, and private agencies of the state, with the other states of the United States, with the federal government, and with the provinces of another country, for carrying out homeland security and civil defense functions;
4. authorize the taking of steps that are necessary and appropriate to carry out the provisions of this chapter.
It is further declared that the purpose of this chapter and the policy of the state is that all homeland security and civil defense functions of this state be coordinated to the maximum extent with the comparable functions of the federal government, including its various departments and agencies, of the states of the United States and localities, and of private agencies of every type, so that the most effective preparation and use may be made of the state’s manpower, resources, and facilities for dealing with any attack that occurs.
It is further declared that the purpose of this chapter and the policy of the state is that all homeland security and civil defense functions of this state be coordinated by and through the Department of Military and Veterans’ Affairs, with the cooperation and assistance of all state agencies.

History. (§ 2 ch 131 SLA 1951; am § 2 ch 104 SLA 1977; am §§ 3, 4 ch 179 SLA 2004)

Notes to Decisions

Quoted in

Seward v. Wisdom, 413 P.2d 931 (Alaska 1966).

Sec. 26.20.020. Homeland security and civil defense powers of the Department of Military and Veterans’ Affairs.

The Department of Military and Veterans’ Affairs is responsible for carrying out the provisions of this chapter.
In performing its duties under this chapter, the department may
1. issue, adopt, amend, and rescind the necessary orders and regulations to carry out this chapter, with consideration of the plans and programs of the federal government;
2. prepare and implement comprehensive plans and programs for the homeland security and civil defense of this state, and coordinate with state agencies in the preparation and implementation of those plans and programs, which shall be integrated into and coordinated with the homeland security and civil defense plans and programs of the federal government and of each state of the United States to the fullest possible extent, and coordinate the preparation and implementation of plans and programs for homeland security and civil defense by political subdivisions and private agencies of the state, which shall be integrated into and coordinated with the homeland security and civil defense plans and programs of this state to the fullest possible extent;
3. ascertain the requirements of the state for food or clothing or other necessities of life in the event of attack and plan for and procure supplies, medicines, materials, and equipment, and use and employ any of the property, services, and resources within the state, for the purposes set out in this chapter; make surveys of the industries, resources, and facilities within the state that are necessary to carry out the purposes of this chapter; institute training programs and public information programs; and take all other preparatory steps, including the partial or full mobilization of homeland security, civil defense, and emergency organizations and personnel in advance of actual attack, to ensure the furnishing of adequately trained and equipped personnel and adequate resources in time of need;
4. coordinate with the officers and agencies of the United States and the states of the United States, in matters pertaining to the homeland security and civil defense of the state and nation;
5. exercise additional authority delegated by the governor to the department to secure compliance with this chapter and with the orders and regulations issued or adopted under this chapter;
6. employ measures and give directions to the state or local health agencies as are reasonably necessary for the purpose of securing compliance with this chapter or with the findings or recommendations of state or local health agencies due to conditions arising from attack or the threat of attack;
7. obtain and utilize the services, facilities, and information of existing officers and agencies of the state and of the political subdivisions of the state, whose duty it is to cooperate with and extend their services, facilities, and information to the department as requested by it;
8. delegate authority vested in the department under this chapter, and provide for the subdelegation of this authority;
9. sponsor and develop mutual aid and cooperation plans and agreements among the agencies of the state, the political subdivisions of the state, and private agencies and organizations;
10. sell, lend, transfer, or deliver supplies or medicines to carry out the policy and purposes set out in this chapter on terms and conditions that the department considers reasonable;
11. participate in and conduct exercises to implement homeland security plans and to prepare for a potential attack;
12. advise the governor and the legislature on appropriate policy of the state for matters of homeland security and civil defense; and
13. coordinate with state agencies in providing a recommendation to the governor for state action in response to changes in threat levels.

History. (§ 5 ch 131 SLA 1951; am § 1 ch 103 SLA 1955; am E.O. No. 58, § 14 (1984); am § 5 ch 179 SLA 2004)

Revisor’s notes. —

In 1968, “Department of Military Affairs” (now Department of Military and Veterans’ Affairs) was substituted for “Department of Public Safety” in this section to implement E.O. No. 31.

Sec. 26.20.025. Creation and duties of the Alaska division of homeland security and emergency management.

There is established in the department the Alaska division of homeland security and emergency management, possessing the powers and duties as set out in this section and as delegated by the adjutant general of the department.
The Alaska division of homeland security and emergency management, with the concurrence and approval of the adjutant general of the department, shall prepare and maintain a state homeland security plan and keep it current. The plan may include provisions for
1. investigation and assessment of attack threats to persons, facilities, systems, infrastructure, and other property in this state;
2. identification of geographical areas, municipalities, facilities, systems, infrastructure, or other property or persons especially vulnerable to an attack;
3. prioritization of measures to protect persons, facilities, systems, infrastructure, and other property in the state from attack;
4. organization of personnel, including chains of command, and other resources;
5. coordination and deployment of personnel, including the organized militia, state and local agency personnel, and authorized volunteers, and other resources to protect persons, facilities, systems, infrastructure, and other property in the state from attack or to respond to an attack;
6. assistance to local officials and private agencies in designing local and private security plans;
7. coordination of federal, state, local, and private agencies’ homeland security activities;
8. coordination of the state homeland security plan with the state emergency plan and with the homeland security and disaster plans of the federal government;
9. other planning, prevention, preparedness, response, and mitigation measures designed to eliminate or reduce the threat or effect of an attack; and
10. other actions necessary to carry out the purposes of this chapter.
With the concurrence and approval of the adjutant general of the department, the Alaska division of homeland security and emergency management shall
1. develop, coordinate, and maintain a prioritized list of critical infrastructure in the state;
2. determine requirements of the state and its political subdivisions for food, medicine, clothing, and other necessities in the event of an attack;
3. procure and pre-position personnel, supplies, medicines, materials, and equipment;
4. plan and make arrangements for the availability and use of private facilities, services, and property and, if necessary and used, provide for payment for use under terms and conditions agreed upon by the state and the other parties or as provided under AS 26.20.045 ;
5. establish a register of persons with types of training and skills important in homeland security and emergency response functions;
6. prepare, for issuance or adoption by the governor, orders, proclamations, and regulations as necessary or appropriate in coping with attacks;
7. cooperate with the federal government and public or private agencies or entities in achieving the purposes of this chapter and in implementing programs for homeland security, civil defense, and attack prevention, preparedness, response, recovery, and mitigation;
8. do other things necessary or proper for the implementation of this chapter.
The division has the additional powers and duties set out in AS 26.23.040 .

History. (§ 6 ch 179 SLA 2004)

Sec. 26.20.030. Reciprocal aid agreements with other governments.

In accordance with this chapter, the governor may enter into reciprocal aid agreements with other states, the federal government, and provinces of a foreign country.

History. (§ 6 ch 131 SLA 1951; am § 7 ch 179 SLA 2004)

Sec. 26.20.040. Emergency powers of the governor.

In the event of actual enemy or terrorist attack in or against the state, or a credible threat of imminent enemy or terrorist attack, the governor may declare that a state of emergency exists, and, during the period of time that the state of emergency exists or continues, the governor has and may exercise the additional emergency power
1. to enforce all laws and regulations relating to homeland security and civil defense and assume direct operational control of all homeland security and civil defense forces and helpers in the state;
2. to seize, take, or condemn property if, and only to the extent that, the governor determines that the property is needed for the protection of the public, including
  1. transportation and communication equipment, except newspapers and news services;
  2. fuel;
  3. food, clothing, equipment, materials, medicines, and supplies; and
  4. facilities including buildings and plants;
3. to sell, lend, give, or distribute the fuel, food, clothing, medicines, and supplies among the inhabitants of the state and account to the commissioner of revenue for funds received for the property;
4. to make compensation for the property seized, taken, or condemned on the basis described in AS 26.20.045 ;
5. to suspend the provisions of a regulatory statute prescribing procedures for the conduct of state business or the order or regulation of a state agency if compliance with the provisions of the statute, order, or regulation would prevent, or substantially impede or delay, action necessary to cope with the emergency;
6. to use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the emergency;
7. to transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of responding to or facilitating the response to the emergency;
8. to perform and exercise other functions, powers, and duties that are considered necessary to promote and secure the safety and protection of the civilian population.
A state of emergency declared under (a) of this section may not remain in effect longer than 30 days unless extended by the legislature by law and may be terminated by law or withdrawal of the declaration.
In this section, “credible threat of imminent enemy or terrorist attack” means a threat of attack against persons or property in the state that the adjutant general of the department or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the adjutant general or the designee of the adjutant general, in conjunction with the commissioner of public safety or a designee of the commissioner of public safety, determines is reliable.

History. (§ 7 ch 131 SLA 1951; am §§ 8, 9 ch 179 SLA 2004)

Revisor’s notes. —

The term “commissioner of revenue” was substituted for “state treasurer” in (3) of this section in 1990 because the office of state treasurer does not exist.

Notes to Decisions

Cited in

Seward v. Wisdom, 413 P.2d 931 (Alaska 1966).

Sec. 26.20.045. Compensation for property seized under AS 26.20.040.

If property is taken under AS 26.20.040 for temporary use, the governor, within 10 days of the taking, shall fix the amount of compensation to be paid for it. If the property is returned to the owner in a damaged condition or is not returned to the owner, the governor shall fix within 10 days the amount of compensation to be paid for the damage or failure to return. Whenever the governor considers it advisable for the state to take title to property taken under AS 26.20.040 , the governor shall immediately have the owner of the property notified in writing by registered mail, postage prepaid, and immediately have a copy of the notice filed with the attorney general.
The provisions of law relating to eminent domain, when applicable, are adopted for the determination of compensation to be paid owners of all classes of private property taken under AS 26.20.040 .

History. (§ 7 ch 131 SLA 1951)

Revisor’s notes. —

Formerly AS 26.20.040 (4)(A) and (B). Renumbered in 1986.

Secs. 26.20.050 — 26.20.090. Mutual-aid arrangements between local organizations; local organization for civil defense; local services mobile support units, investigations and surveys. [Repealed, § 22 ch 179 SLA 2004.]

Sec. 26.20.100. Traffic control.

In coordination with the Department of Public Safety and the Department of Transportation and Public Facilities, the department may

formulate and execute plans and regulations for the control of traffic for the rapid and safe movement of evacuation over public highways and streets of people, troops, or vehicles and materials for homeland security and civil defense; and
establish and operate checkpoints along private or public roadways serving critical property or facilities in the state, at the direction of the governor when the governor determines that a sufficiently high threat of enemy or terrorist attack exists to warrant the action; the checkpoints established under this paragraph may be in conjunction with closure of the roadway under AS 19.10.100 ; operation of a checkpoint shall include the posting of checkpoint signs in a manner that provides advance notice of the checkpoint so that persons are afforded a reasonable opportunity to turn around without passing through the checkpoint; operation of a checkpoint shall be limited to enforcement of the roadway closure or reasonable inspection of persons and vehicles passing through the checkpoint for weapons, explosives, chemicals, biological or biochemical agents, or other instruments capable of causing widespread severe injury to persons or property; however, at a checkpoint authorized under this paragraph, a person is entitled to retain possession of an amount of deadly weapons or defensive weapons that is reasonably justifiable for the person’s lawful use, so long as those weapons are not prohibited weapons; in this paragraph, “deadly weapon” and “defensive weapon” have the meanings given in AS 11.81.900(b) , and “prohibited weapon” has the meaning given in AS 11.61.200 .

History. (§ 13 ch 131 SLA 1951; am § 10 ch 179 SLA 2004)

Sec. 26.20.110. Lease or loan of state property and transfer of personnel.

Notwithstanding any inconsistent provision of law, whenever the governor considers it is in the public interest and the urgency of the situation demands, the governor may

authorize a department or agency of the state to lease or lend, on the terms and conditions that the governor considers necessary to promote the public welfare and protect the interests of the state, real or personal property of the state government to the president, the heads of the armed forces, or to the homeland security or civil defense agency of the United States;
enter into an agreement on behalf of the state for the use or loan to any political subdivision of the state, on terms and conditions the governor considers necessary to promote the public welfare and protect the interests of the state, of real or personal property of the state government, or the temporary transfer or employment of personnel of the state government, to or by any political subdivision of the state.

History. (§ 14 ch 131 SLA 1951; am § 11 ch 179 SLA 2004)

Secs. 26.20.120, 26.20.130. Orders and regulations; suspension of inconsistent laws; enforcement. [Repealed, § 22 ch 179 SLA 2004.]

Sec. 26.20.140. Immunity of government, employees, and authorized volunteers or other persons.

The state, a district of the state, and the employees, agents, or representatives of the state or district are not liable for personal injury or property damage sustained by any person appointed or acting as a civilian defense worker. This provision does not affect the right of a person to receive benefits or compensation to which the person might otherwise be entitled under the workers’ compensation law or a pension law or an Act of Congress.
The state, a district of the state, an employee, agent, or representative of the state or a district, or a volunteer or auxiliary civilian defense worker or member of an agency engaged in civilian defense activity, complying with or reasonably attempting to comply with this chapter or an order or regulation adopted under this chapter, or under an ordinance relating to blackout or other precautionary measures enacted by a district director of the state, is not liable for the death of or injury to persons, or for damage to property, as a result of the activity.
This section does not apply to a civil action for damages as a result of intentional misconduct within the course and scope of employment or agency and with complete disregard for the safety and property of others.
In this section, “civilian defense worker” means a worker engaged in a civil defense activity in an official capacity or at the direction of the state, including
1. an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;
2. a member of a board, commission, or task force created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;
3. a contractor to the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state, or an officer or employee of the contractor;
4. an officer or a member of the state’s organized militia on active state service under AS 26.05.070 ;
5. an officer or employee of another state; and
6. a volunteer authorized by the state, a municipality or other political subdivision of the state, or a federal agency to engage in a civil defense activity.

History. (§ 17 ch 131 SLA 1951; am §§ 7, 8 ch 43 SLA 2003)

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which amended this section, see 2003 House Journal 777— 783.

Notes to Decisions

Quoted in

Seward v. Wisdom, 413 P.2d 931 (Alaska 1966).

Sec. 26.20.145. Immunity of owners of public shelters.

A person owning or controlling real estate who voluntarily and without compensation permits the designation or use of the whole or part of the real estate for the purpose of sheltering persons during an actual or practice attack or homeland security or civil defense emergency or practice drill shall, together with the person’s successors in interest, be immune from suit for negligence arising out of the construction or maintenance of the property causing the death of, or injury to, any person using the shelter during an actual or practice attack or homeland security or civil defense emergency or practice drill.

History. (§ 1 ch 41 SLA 1964; am § 12 ch 179 SLA 2004)

Sec. 26.20.150. Authority to accept services, gifts, grants, and loans.

Whenever the federal government or an agency or officer of the federal government offers to the state services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for the purpose of homeland security or civil defense, the department may accept the offer and receive the services, equipment, supplies, materials, or funds on behalf of the state, subject to the terms of the offer and the regulations, if any, of the agency making the offer.
Whenever a person offers to the state services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purpose of homeland security or civil defense, the department may accept the offer and receive the services, equipment, supplies, materials, or funds on behalf of the state, subject to the terms of the offer.

History. (§ 18 ch 131 SLA 1951; am § 13 ch 179 SLA 2004)

Secs. 26.20.160 — 26.20.180. Loyalty oath of civil defense personnel; political activity prohibited; penalties. [Repealed, § 22 ch 179 SLA 2004.]

Sec. 26.20.190. Liberality of construction.

This chapter shall be construed liberally in order to carry out its purposes.

History. (§ 23 ch 131 SLA 1951)

Sec. 26.20.195. Federal regulation of homeland security.

The requirements of this chapter do not apply to facilities, aircraft, vessels, and other means and modes of transportation that are subject to federal homeland security requirements, including aviation security requirements at 49 C.F.R. Chapter XII Subchapter B, Part 1520, and Subchapter C, Parts 1540 — 1550, and maritime and land security requirements at 33 C.F.R. Chapter 1 Subchapter H, Parts 101 — 106, and 49 C.F.R. Chapter XII Subchapter D, Parts 1570 — 1572.

History. (§ 14 ch 179 SLA 2004)

Sec. 26.20.200. Definitions.

In this chapter, unless the context otherwise requires,

“attack” means the use of weapons, explosives, chemicals, biological or biochemical agents, or other instruments with the potential for major force or impact, with apparent intent to inflict widespread or severe injury to persons or property;
“civil defense” means the protection and defense of the civilian population by the organized efforts of the residents of the state other than those in the military service, and includes without limitation, fire fighting, policing, rescue, air raid warning, security, communications, medical service, vaccination and other actions to protect public health, transportation, evacuation of persons, welfare aid, guard duty, anti-espionage and anti-sabotage service, construction of temporary housing and bomb proof shelters, any other service necessary for the protection of and aid to the public not normally furnished by the military services, and training, preparation, travel, and other activities necessary for the provision of the services described in this paragraph;
“department” means the Department of Military and Veterans’ Affairs;
“homeland security” means the detection, prevention, preemption, and deterrence of, protection from, and response to attacks targeted at territory, population, or infrastructure in this state;
“political subdivision” means
1. a municipality; or
2. another unit of local government;
“private agency” means a for-profit or nonprofit corporation, unincorporated village, association, or other group or entity operating in the state.

History. (§ 1 ch 131 SLA 1951; am E.O. No. 58, § 15 (1984); am § 9 ch 43 SLA 2003; am §§ 15, 22 ch 179 SLA 2004)

Revisor’s notes. —

In 1968, “Department of Military Affairs” (now Department of Military and Veterans’ Affairs) was substituted for “Department of Public Safety” in this section to implement E.O. No. 31.

Paragraph (1) and (4)-(6) were enacted as paragraphs (4)-(7) and renumbered in 2004. This section was reorganized in 2004 to place the defined terms in alphabetical order and to reflect the deletion of a repealed paragraph.

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which amended this section, see 2003 House Journal 777— 783.

Notes to Decisions

Cited in

Seward v. Wisdom, 413 P.2d 931 (Alaska 1966).

Chapter 23. Disasters.

Cross references. —

For oil and hazardous substance discharge and prevention contingency plans, see AS 46.04.200 — 46.04.210 .

Administrative Code. —

For disaster assistance programs, see 6 AAC 94.

Article 1. Alaska Disaster Act.

Administrative Code. —

For disaster assistance programs, see 6 AAC 94.

Sec. 26.23.010. Purposes.

The purposes of this chapter are to

reduce the vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from a disaster;
prepare for the prompt and efficient rescue, care, and treatment of persons victimized or threatened by a disaster;
provide a setting conducive to the rapid and orderly start of rehabilitation of persons and restoration of property affected by a disaster;
clarify and strengthen the roles of the governor, state agencies, and local governments in prevention of, preparation for, response to and recovery from a disaster;
authorize and provide for cooperation in disaster prevention, preparedness, response, and recovery;
authorize and provide for the coordination of activities relating to disaster prevention, preparedness, response, and recovery by agencies and officers of the state, and similar state-local, inter-state, federal-state, and foreign activities in which the state and its political subdivisions may participate; and
assist in the prevention of disasters caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.

History. (§ 3 ch 104 SLA 1977)

Sec. 26.23.020. The governor and disaster emergencies.

History. (§ 3 ch 104 SLA 1977; am § 1 ch 178 SLA 1990; am § 1 ch 190 SLA 1990; am § 1 ch 128 SLA 1994; am §§ 2, 3 ch 4 SLA 2000; am § 16 ch 179 SLA 2004)

Revisor’s notes. —

In 1992, “AS 26.23.010 — 26.23.220 ” was substituted for “this chapter” in several places in this section to reflect the 1990 enactment of AS 26.23.300 and 26.23.400 .

In 2004, in (d) of this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Cross references. —

For catastrophic oil discharges as disaster emergencies without a declaration of disaster, see AS 46.04.080 ; for intent of legislature in enacting (h) - (k), see § 1, ch. 4, SLA 2000 in the 2000 Temporary and Special Acts.

For temporary provisions relating to the COVID-19 public health disaster emergency declared March 11, 2020, see ch. 10, SLA 2020 in the 2020 Temporary and Special Acts. For legislative approval of a financing plan to cope with that disaster, see § 3, ch. 10, SLA 2020. For department authority to establish sanitation procedures for retail sellers during the public health disaster emergency, see § 17, ch. 10, SLA 2020.

For temporary provisions relating to the COVID-19 public health disaster emergency declared January 15, 2021, see ch. 2, SLA 2021, in the 2021 Temporary and Special Acts. For limitations on the governor’s powers to respond to that disaster, see sec. 3, ch. 2, SLA 2021. For emergency powers of the commissioner of health and social services, see sec. 4, ch. 2, SLA 2021. For legislative approval of a financing plan to cope with that disaster, see sec. 5, ch. 2, SLA 2021. For a report to be submitted by the office of management and budget relating to the total expenditures incurred by the state in response to the COVID-19 public health disaster, see sec. 6, ch. 2, SLA 2021.

Administrative Code. —

For 1998 western Alaska fisheries disaster emergency disaster assistance, see 6 AAC 94, art. 1.

For individual and family disaster grants, see 6 AAC 94, art. 2.

For temporary housing assistance, see 6 AAC 94, art. 3.

Sec. 26.23.025. The legislature and disaster emergencies.

When the governor declares a condition of disaster emergency under AS 26.23.020(c) , concurrently with the issuance of the proclamation, the governor shall prepare and deliver to the presiding officers of the legislature and to the persons who chair the finance committees in each house of the legislature a financing plan describing the amount by fund source of money, including the amount of state match for federal funds, that the governor proposes to use to cope with the disaster, the estimated total expenditures necessary to cope with the disaster, and the estimated time frame necessary to cope with the disaster.
Notwithstanding any other provision of this chapter, if the declaration of a disaster emergency occurs while the legislature is in session or if a special session is held, actions taken by the governor under this chapter after the close of the session that are not ratified by law adopted during that session are void.
The legislature may terminate a disaster emergency at any time by law.

History. (§ 2 ch 178 SLA 1990; am § 4 ch 4 SLA 2000)

Sec. 26.23.030. Creation of the Alaska division of emergency services. [Repealed, § 22 ch 179 SLA 2004.]

Sec. 26.23.040. Homeland security duties of the Alaska division of homeland security and emergency management.

History. (§ 3 ch 104 SLA 1977; am §§ 3, 4 ch 178 SLA 1990; am §§ 1 — 4 ch 32 SLA 1994; am § 17 ch 179 SLA 2004; am § 19 ch 12 SLA 2006; am §§ 1, 2 ch 67 SLA 2012)

Revisor’s notes. —

In 2004, in various places throughout this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Administrative Code. —

For 1998 western Alaska fisheries disaster emergency disaster assistance, see 6 AAC 94, art. 1.

For individual and family disaster grants, see 6 AAC 94, art. 2.

For temporary housing assistance, see 6 AAC 94, art. 3.

Editor's notes. —

Subparagraph (e)(13)(B) references former 49 U.S.C. § 5116(a)(2)(B), which has been amended; the current comparable provision is found in paragraph (a)(3) of that section.

Sec. 26.23.045. Response corps; depots.

The department may establish a response corps. The corps consists of volunteers who register with the department and agree to be trained in techniques for emergency and disaster response and to be available on short notice to carry out responsibilities of the corps under an applicable incident command system. Members of the corps are entitled to per diem and expenses as determined by the department for training and for days spent in service to the state.
The department may maintain emergency response depots in areas of the state identified for that purpose in the state emergency plan developed under AS 26.23.040 . The depots shall be equipped in a manner that enables prompt response to emergencies and disasters.

History. (§ 5 ch 32 SLA 1994)

Sec. 26.23.050. Financing.

It is the intent of the legislature, and declared to be the policy of the state, that funds to meet disaster emergencies will always be available.
Whenever, and to the extent that, money is needed to cope with a disaster, the first recourse shall be to money regularly appropriated to state and local agencies. The second recourse shall be to money available in the disaster relief fund or, for oil or hazardous substances discharges, the oil and hazardous substance release prevention and response fund, as the governor determines appropriate. If money available from these sources is insufficient, and if the governor finds that other sources of money to cope with the disaster are not available or are insufficient, the governor may, notwithstanding the limitations imposed by AS 37.07.080(e) ,
1. transfer and spend money appropriated for other purposes; or
2. borrow money for a term not to exceed two years.
Nothing in this section limits the governor’s authority to apply for, receive, administer, and spend grants, gifts, or payments from any source, to aid in disaster prevention, preparedness, response, or recovery.

History. (§ 3 ch 104 SLA 1977; am § 3 ch 59 SLA 1986; am § 5 ch 178 SLA 1990; am § 2 ch 190 SLA 1990; am § 1 ch 36 SLA 2000)

Cross references. —

For temporary provisions relating to the COVID-19 pubic health disaster emergency declared January 15, 2021, see ch. 2, SLA 2021, in the 2021 Temporary and Special Acts. For legislative approval of a financing plan to cope with that disaster, see sec. 5, ch. 2, SLA 2021.

Administrative Code. —

For 1998 western Alaska fisheries disaster emergency disaster assistance, see 6 AAC 94, art. 1.

For individual and family disaster grants, see 6 AAC 94, art. 2.

For temporary housing assistance, see 6 AAC 94, art. 3.

Sec. 26.23.060. Local and interjurisdictional disaster services.

Each political subdivision in the state is within the jurisdiction of, and shall be served by, the Alaska division of homeland security and emergency management.
Each political subdivision is responsible for disaster preparedness and coordination of response
1. by itself;
2. in conjunction with other political subdivisions by establishing an interjurisdictional planning and service area under AS 26.23.070 ; or
3. in conjunction with the Alaska division of homeland security and emergency management.
Each political subdivision that has not established the ability to mitigate, prepare for, respond to, and recover from disasters shall designate, and provide to the Alaska division of homeland security and emergency management the name of, a liaison officer to facilitate the cooperation and protection of that political subdivision in the work of disaster prevention, preparedness, response, and recovery.
The principal executive officer of each political subdivision in the state shall notify the Alaska division of homeland security and emergency management of the manner in which the political subdivision is providing or securing disaster planning and intends to provide or secure emergency services, identify the person who heads the agency from which the services are or will be obtained, and furnish additional information relating to the services as the Alaska division of homeland security and emergency management requires.
Each political subdivision shall ensure that a written local or interjurisdictional disaster emergency plan for its area is prepared, maintained, and distributed to all appropriate officials. The disaster emergency plan must include a clear and complete statement of the emergency responsibilities of all local agencies and officials.
[Repealed, § 28 ch 32 SLA 1994.]
To the extent that a plan prepared under this section relates to action required to avert human injury or other damage from a release of a hazardous substance, the plan must be substantially equivalent in relevant respects, including the use of a comparable incident command system, to the local emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and regional master plans prepared by the Department of Environmental Conservation under AS 46.04.200 — 46.04.210 . The plan must use an incident command system comparable to the system used in those plans and must be reviewed by the Alaska State Emergency Response Commission under AS 26.23.077 .
Notwithstanding the definition of “political subdivision” in AS 26.23.900 , this section does not empower a political subdivision to perform responsibilities that it is not otherwise empowered to perform. In this section, “political subdivision” includes only a political subdivision that is otherwise empowered to perform the responsibilities assigned under this section.

History. (§ 3 ch 104 SLA 1977; am §§ 6, 7 ch 178 SLA 1990; am §§ 6 — 10, 28 ch 32 SLA 1994)

Revisor’s notes. —

Sec. 26.23.070. Establishment of interjurisdictional disaster planning and service areas.

If the governor finds that two or more adjoining political subdivisions would be better served by an interjurisdictional arrangement than by maintaining separate disaster agencies and services, the governor may designate by order an interjurisdictional area adequate to plan for, prevent, or respond to a disaster in that area, and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship, a joint disaster emergency plan, mutual aid, or an area organization for emergency planning and services. A finding by the governor under this subsection must be based on one or more factors related to the difficulty of maintaining an efficient and effective disaster prevention, preparedness, response, and recovery system without an interjurisdictional relationship, such as
1. small or sparse population;
2. limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome;
3. unusual vulnerability to disaster as evidenced by a past history of disasters, topographical features, drainage characteristics, disaster potential, and presence of disaster-prone facilities or operations;
4. the interrelated character of the political subdivisions in an area; or
5. other relevant conditions or circumstances.
If the governor finds that a vulnerable area lies only partly within the state and includes territory in a foreign jurisdiction, and that it would be desirable to establish an international relationship, mutual aid, or an area organization for disaster, the governor shall take steps to that end as desirable. If this action is taken with jurisdictions that have enacted the Emergency Management Assistance Compact substantially as contained in AS 26.23.136 , any resulting agreement may be considered a supplementary agreement under Article VII of that compact.
If a jurisdiction with which the governor proposes to cooperate under (b) of this section has not enacted the Emergency Management Assistance Compact, the governor may negotiate a special agreement with that jurisdiction.
To the extent that a plan prepared under this section relates to action required to avert human injury or other damage from a release of a hazardous substance, the plan must be substantially equivalent in relevant respect to the local emergency plans prepared under AS 26.23.073 and 26.23.075 and the state and regional master plans prepared by the Department of Environmental Conservation under AS 46.04.200 — 46.04.210 . The plan must use an incident command system comparable to the system used in those plans and must be reviewed by the Alaska State Emergency Response Commission under AS 26.23.077 .

History. (§ 3 ch 104 SLA 1977; am § 11 ch 32 SLA 1994; am § 2 ch 55 SLA 2002; am § 34 ch 35 SLA 2003)

Sec. 26.23.071. Alaska State Emergency Response Commission.

History. (§ 12 ch 32 SLA 1994; am § 4 ch 71 SLA 1997; am § 3 ch 67 SLA 2012)

Revisor’s notes. —

Subsection (a) was rewritten in 1994 to conform to the style of the Alaska Statutes.

In 1999, in (b) of this section, “commissioner of community and economic development” was substituted for “commissioner of community and regional affairs” in accordance with § 91(a)(6), ch. 58, SLA 1999.

In 2004, in subsection (b), “labor and workforce development” was substituted for “labor” in accordance with ch. 58, SLA 1999.

Administrative Code. —

For municipality of Anchorage reporting requirements, see 10 AAC 20, art. 1.

Sec. 26.23.073. Emergency planning districts and committees.

The commission shall set the boundaries of local emergency planning districts. The commission shall set the boundaries of a district so that they are coextensive with the boundaries of a single political subdivision except when it would be more appropriate, based on findings of the commission, for the district to include more than one political subdivision or some area that is not contained within a political subdivision. Before the commission sets the boundaries for a district under this subsection so that it includes more than one political subdivision or some area that is not within a political subdivision, the commission shall consult the emergency response organizations and the political subdivisions in the proposed district.
If, after the commission sets boundaries for districts under (a) of this section, there remain areas of the state that are not included in any district, those areas constitute a local emergency planning district.
If the commission sets boundaries for a district under this section that includes more than one political subdivision, the commission shall recommend to the governor the designation of an interjurisdictional disaster planning and service area under AS 26.23.070 whose boundaries are coextensive with the boundaries of the local emergency planning district established under this section.
The commission shall appoint the members of a local emergency planning committee for each emergency planning district established under (a) and (b) of this section. In making appointments for a district that contains only one political subdivision, the commission shall follow the recommendations of the political subdivision if those recommendations would constitute a committee that meets the requirements of this subsection. In making appointments for a district that contains more than one political subdivision, the commission shall consider the recommendations of each political subdivision and follow the recommendations to the extent that the political subdivisions are in agreement and their recommendations would constitute a committee that meets the requirements of this subsection. To the extent required under regulations that may be adopted by the commission, the political subdivisions in a district that includes more than one political subdivision shall follow a process under which they develop coordinated recommendations to submit to the commission under this subsection. In making appointments for a district that includes some area that is not contained within a political subdivision, the commission shall consider the recommendations of emergency response organizations in the district. In making appointments for the district formed under (b) of this section, the commission shall attempt to achieve equitable geographical representation on the committee. Except as provided in (e) of this section, each committee must include, at a minimum, representatives of each of the following seven categories:
1. elected local officials;
2. law enforcement, civil defense, fire fighting, first aid, health, local environmental, hospital, and transportation personnel;
3. broadcast or print media;
4. community groups;
5. owners and operators of facilities subject to the requirements of 42 U.S.C. 11001 — 11005;
6. representatives of a local or interjurisdictional disaster planning and service area if one has been established that includes part of the district; and
7. members of the public that are not described in (1) — (6) of this subsection.
If advertisement and the commission’s own initiative do not result in the acceptance of appointment to a committee by at least one person from a category under (d)(1) — (7) of this section, the requirement of (d) of this section that there be representation of that category on that committee is suspended until sufficient willing appointees become available.
A person may request the commission to change the membership of a local emergency planning committee.
Each local emergency planning committee shall
1. establish procedures for receiving and processing requests from the public for information under 42 U.S.C. 11044, including tier II information under 42 U.S.C. 11022;
2. appoint a chair and establish rules by which the committee shall function, including provisions for public notification of committee activities, public advertising of positions available on the committee, public meetings to discuss the emergency plan, public comments, response to the comments by the committee, distribution of the emergency plan, and designation of an official to serve as coordinator for information;
3. prepare and periodically review an emergency plan in accordance with 42 U.S.C. 11003(a) in a manner that includes coordination with the political subdivisions covered by the plan;
4. evaluate the need for resources necessary to develop, implement, and exercise the emergency plan, and submit recommendations to the political subdivisions in the emergency planning district with respect to the resources that may be required and the means for providing the resources;
5. to the extent consistent with the constitution and law of the state, perform all other functions prescribed for emergency planning committees in 42 U.S.C. 11001 — 11005;
6. to the extent considered advisable by the committee, make recommendations to political subdivisions, representatives of interjurisdictional disaster planning and service areas, and state agencies about the preparation of local, state, and interjurisdictional plans; and
7. serve as an advisory committee to the political subdivisions within the emergency planning district or the interjurisdictional planning and service area established under AS 26.23.070 with respect to emergency planning, training, and response.
A state agency represented on the commission shall, upon request, provide technical assistance to a local emergency planning committee in the performance of its duties under this section.

History. (§ 12 ch 32 SLA 1994)

Sec. 26.23.075. Emergency plans.

An emergency plan prepared under AS 26.23.073 must include
1. identification of facilities subject to the requirements of 42 U.S.C. 11001 — 11005 that are within the emergency planning district, identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a), and identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities subject to the requirements of 42 U.S.C. 11001 — 11005 such as hospitals or natural gas facilities;
2. methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to a release of hazardous substances or a release of substances on the list of extremely hazardous substances referred to in 42 U.S.C. 11002(a);
3. designation of an emergency coordinator, as required under AS 26.23.060(d) , and facility emergency coordinators, who shall make determinations necessary to implement the emergency plan;
4. procedures providing reliable, effective, and timely notification by the facility emergency coordinators to persons designated in the emergency plan, and to the public, that a release has occurred, consistent with the emergency notification requirements of 42 U.S.C. 11004;
5. methods for determining the occurrence of a release and the area or population likely to be affected by that release;
6. a description of emergency equipment and facilities in the community and at each facility in the community subject to the requirements of 42 U.S.C. 11001 — 11005, and an identification of the persons responsible for the equipment and facilities;
7. evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes;
8. training programs, including schedules for training of local emergency response and medical personnel; and
9. methods and schedules for exercising the emergency plan.
An emergency plan prepared under AS 26.23.073 may include descriptions, procedures, and programs related to disasters other than those caused by releases of hazardous substances.
Each emergency plan prepared under AS 26.23.073 must incorporate within it an incident command system. The incident command system must be substantially equivalent in relevant respects to the incident command systems established under AS 46.04.200 — 46.04.210 and meet the requirements of AS 26.23.077 .

History. (§ 12 ch 32 SLA 1994)

Sec. 26.23.077. Plan review; incident command systems.

The commission shall review and make recommendations about local, interjurisdictional, regional, and state emergency plans, including the Alaska intrastate mutual aid system established in AS 26.23.500 , other plans prepared under this chapter and AS 46.04.200 — 46.04.210 , and all emergency plans prepared by state agencies under other authorities.
When making recommendations about a plan, the commission shall suggest changes that ensure that the plan includes an incident command system that describes the respective roles of affected persons and agencies in a clear and specific manner and that the respective roles of state agencies are consistent with their statutory duties. The commission shall also suggest changes that ensure that the plans are well-integrated with related plans.
To the extent consistent with other law, an incident command system recommended under this section or included in a plan reviewed under this section must provide that the Department of Military and Veterans’ Affairs has a major role in mobilization of personnel and resources, communications, transportation planning, and other logistics involved in a state response to a disaster or other emergency.

History. (§ 12 ch 32 SLA 1994; am § 4 ch 67 SLA 2012)

Sec. 26.23.080. Federal disaster loans to political subdivisions.

Whenever, at the request of the governor, the President has declared a major disaster to exist in this state, the governor may

upon the governor’s determination that a political subdivision of the state will suffer a substantial loss of tax and other revenue from the disaster and has demonstrated a need for financial assistance to perform its governmental functions, apply to the federal government, on behalf of the political subdivision, for a loan; the governor may receive and disburse the proceeds of any approved loan to any applicant political subdivision;
determine the amount needed by any applicant political subdivision to restore or resume its governmental functions, and to certify the amount to the federal government;
recommend to the federal government, based upon review by the governor, the cancellation of all or any part of repayment when, for the first three full fiscal years following the major disaster, the revenue of the political subdivision is insufficient to meet its operating expenses, including additional disaster-related expenses of a municipal operation character.

History. (§ 3 ch 104 SLA 1977; am § 8 ch 178 SLA 1990)

Sec. 26.23.090. Grants to disaster victims.

Whenever the President, at the request of the governor, has declared a major disaster to exist in this state, the governor may
1. upon the governor’s determination that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance, accept a grant by the federal government to fund that financial assistance, subject to the terms and conditions that may be imposed upon the grant;
2. enter into an agreement with the federal government, or any officer or agency of it, pledging the state to participate in the funding of the financial assistance authorized in (1) of this subsection, in an amount not to exceed 25 percent of the assistance and, if state funds are not otherwise available to the governor, to accept an advance of the state’s share from the federal government to be repaid when the state is able to do so.
The governor is authorized to make financial grants to an individual or family to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by the disaster that cannot otherwise adequately be met from other means of assistance. The governor may make a grant to an individual and family under this subsection as follows:
1. when the President declares a major disaster, the governor may make a grant of an amount whose total of federal and state shares does not exceed the maximum amount authorized by 42 U.S.C. 5174(h) for grants payable to individuals and families;
2. when the President does not declare a major disaster but the governor declares a disaster emergency, the governor may make a grant of an amount not to exceed one-half of the maximum grant amount established under (1) of this subsection.
[Repealed, § 18 ch 178 SLA 1990.]

History. (§ 3 ch 104 SLA 1977; am §§ 9, 18 ch 178 SLA 1990; am § 1 ch 39 SLA 2010)

Administrative Code. —

For individual and family disaster grants, see 6 AAC 94, art. 2.

Legislative history reports. —

For governor’s transmittal letter for ch. 39, SLA 2010 (HB 292), amending (b) of this section to increase the limits on state grants payable to disaster victims, see 2009 House Journal 1288 — 1289.

Sec. 26.23.100. Temporary housing.

Whenever the governor has proclaimed a disaster emergency, or the President, at the request of the governor, has declared an emergency or a major disaster to exist in this state, the governor may
1. purchase, lease, or make other arrangements with any agency of the United States or state for temporary housing units to be occupied by disaster victims and to make those units available to any political subdivision of the state;
2. assist any political subdivision of this state that is the location of temporary housing for disaster victims to acquire sites necessary for the temporary housing and do all things necessary to prepare the site to receive and use temporary housing units by
  1. advancing or lending funds available to the governor from an appropriation made by the legislature or from any other source;
  2. passing through funds made available by any agency, public or private; or
  3. becoming a copartner with a political subdivision for the execution and performance of any temporary housing for disaster-victim projects and, for those purposes, pledging the credit of the state on terms considered appropriate, having due regard for current debt transactions of the state;
3. under whatever relevant regulations the governor may adopt, temporarily suspend or modify, for not more than 60 days, any public health, safety, zoning, transportation, or other requirement of law or regulation of the state, when by proclamation, the governor declares a suspension or modification essential to provide temporary housing for disaster victims.
A political subdivision of this state may acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever arrangements, including purchase of temporary housing units and payment of transportation charges, that are necessary to prepare or equip those sites to receive and use the housing units.

History. (§ 3 ch 104 SLA 1977)

Administrative Code. —

For temporary housing assistance, see 6 AAC 94, art. 3.

Sec. 26.23.110. Debris and wreckage removal in disaster emergency or major disaster.

When the governor has declared a disaster emergency, or the President, at the request of the governor, has declared a major disaster or emergency to exist in this state, the governor may
1. through the use of state agencies, clear from publicly or privately owned land or water, debris and wreckage that may threaten public health, safety, or property;
2. apply for and accept funds from the federal government and use those funds to make grants to a political subdivision for the purpose of removing debris or wreckage from publicly or privately owned land or water.
Authority under (a)(1) of this section may not be exercised unless the affected political subdivision, corporation, organization, or individual unconditionally authorizes the removal of the debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, first agrees to indemnify the state government against claims arising from the removal.

History. (§ 3 ch 104 SLA 1977; am §§ 10, 11 ch 178 SLA 1990)

Secs. 26.23.120 — 26.23.130. Interstate Civil Defense and Disaster Compact entered into; compact terms. [Repealed, § 5 ch 55 SLA 2002.]

Sec. 26.23.135. Emergency Management Assistance Compact enacted and entered into.

The Emergency Management Assistance Compact is hereby enacted into law and entered into with all jurisdictions legally joining in it in a form substantially as contained in AS 26.23.136 .

History. (§ 3 ch 55 SLA 2002)

Legislative history reports. —

For governor’s transmittal letter for ch. 55, SLA 2002 (CSSB 235(STA)), see 2002 Senate Journal 1952 — 1954.

Sec. 26.23.136. Compact terms.

The terms and provisions of the compact referred to in AS 26.23.135 are as follows:

History. (§ 3 ch 55 SLA 2002)

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I PURPOSES; DEFINITIONS

This compact is made and entered into by and between the participating member states that enact this compact, which are called party states. For the purposes of this agreement, “states” means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states’ National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

ARTICLE II GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes many emergencies transcend political jurisdiction boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources that they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state is the underlying principle on which all articles of this compact are understood.

On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III PARTY STATE RESPONSIBILITIES

It is the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall
1. review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;
2. review party states’ individual emergency plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;
3. develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
4. assist in warning communities adjacent to or crossing the state boundaries;
5. protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;
6. inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and
7. provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the responsibilities listed in (1) — (6) of this subsection.
The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:
1. a description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;
2. the amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed; and
3. the specific place and time for staging of the assisting party’s response and a point of contact at that location.
There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.

ARTICLE IV LIMITATIONS

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms of the compact; however, it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state; duties; rights; and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state or states, whichever is longest.

ARTICLE V LICENSES AND PERMITS

Notwithstanding any contrary provision of law, whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, the person is deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such a skill to meet a declared emergency or disaster, subject to the limitations and conditions as the governor of the requesting state may prescribe by proclamation or otherwise.

ARTICLE VI LIABILITY

Officers or employees of a party state rendering aid in another state under this compact are considered agents of the requesting state for tort liability and immunity purposes; and a party state or its officers or employees rendering aid in another state in accordance with this compact is not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection with the rendering of that aid. Good faith in this article does not include wilful misconduct, gross negligence, or recklessness.

ARTICLE VII SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party to the compact, this instrument contains elements of a broad base common to all states, and nothing contained in the compact precludes any state from entering into supplementary agreements with another state or affects any other agreements already in force between states. Supplementary agreements may comprehend, but are not limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

ARTICLE VIII COMPENSATION

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case those members sustain injuries or are killed while rendering aid under this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX REIMBURSEMENT

Any party state rendering aid in another state under this compact shall be reimbursed by the party state receiving the aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such a request; however, any aiding party state may assume in whole or in part the loss, damage, expense, or other cost, or may loan equipment or donate services to the receiving party state without charge or cost and, further, any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses are not reimbursable under this provision.

ARTICLE X EVACUATION

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur. The plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting the evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of the evacuees.

ARTICLE XI IMPLEMENTATION

This compact becomes operative immediately upon its enactment into law by any two states; after that, this compact becomes effective as to any other state upon its enactment by that state.
Any party state may withdraw from this compact by enacting a statute repealing the compact, but the withdrawal does not take effect until 30 days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action does not relieve the withdrawing state from obligations assumed under the compact before the effective date of withdrawal.
Duly authenticated copies of this compact and of any supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government.

ARTICLE XII VALIDITY

This Act shall be construed to effectuate the purposes stated in Article I of this compact. If any provision of this compact is declared unconstitutional, or the applicability of the compact to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected by the invalidity of any provision of the compact.

ARTICLE XIII ADDITIONAL PROVISIONS

Nothing in this compact authorizes or permits the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. 1385.

Sec. 26.23.140. Local disaster emergencies.

A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It may not be continued or renewed for a period in excess of seven days, except by or with the consent of the governing board of the political subdivision. An order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity, and shall be filed promptly with the Alaska division of homeland security and emergency management and the appropriate municipal clerk.
The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, and to authorize the furnishing of aid and assistance under those plans.
A representative of an interjurisdictional disaster planning and service area may not declare a local disaster emergency unless expressly authorized by the principal executive officer of each political subdivision in the emergency area.

History. (§ 3 ch 104 SLA 1977; am § 13 ch 32 SLA 1994)

Revisor’s notes. —

In 2004, in (a) of this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Sec. 26.23.150. Disaster prevention.

In addition to disaster prevention measures as included in the state, local, and interjurisdictional disaster plans, the governor shall consider, on a continuing basis, steps that could be taken to prevent or reduce the harmful consequences of disasters. At the governor’s direction, and under any other authority and competence they have, state agencies, including but not limited to those charged with responsibilities in connection with flood plain management, stream encroachment and flow regulation, weather modification, fire prevention and control, environmental quality, public works, land use and land use planning, and construction standards, shall make studies of disaster-prevention-related matters. The governor, from time to time, shall make recommendations to the legislature, local governments, and other appropriate public and private entities as may facilitate measures for the prevention or reduction of the harmful consequences of disasters.
Appropriate departments, in conjunction with the Alaska division of homeland security and emergency management, shall keep land uses and location of structures and other facilities under continuing study, and identify areas that are particularly susceptible to severe land shifting, subsidence, flood, or other catastrophic occurrence. The studies under this subsection shall concentrate on means of reducing or avoiding the dangers caused by this occurrence or the consequences of it.
If the Alaska division of homeland security and emergency management believes, on the basis of the studies or other competent evidence and after consultation with the appropriate local planning agencies, that an area is susceptible to a disaster of catastrophic proportions without adequate warning, that existing building standards and land use controls in that area are inadequate and could add substantially to the magnitude of the disaster, and that changes in zoning regulations, other land use regulations, or building requirements are essential in order to further the purposes of this section, it shall specify the essential changes to the governor.

History. (§ 3 ch 104 SLA 1977; am § 14 ch 32 SLA 1994)

Revisor’s notes. —

In 2004, in (b) and (c) of this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Sec. 26.23.160. Compensation.

Personal services may not be compensated by the state or a political subdivision or agency of it, except in accordance with Alaska law or a local ordinance.
Compensation for property shall be made only if the property was commandeered or otherwise used in coping with a disaster emergency, and its use or destruction was ordered by the governor or by a member of the disaster emergency forces of this state who is authorized by the Alaska division of homeland security and emergency management to issue such an order.
A person claiming compensation for the use, damage, loss, or destruction of property occasioned by action taken under AS 26.23.010 — 26.23.220 shall file a claim for that compensation with the Alaska division of homeland security and emergency management in the form and manner required by the division.
Unless the amount of compensation resulting from property damaged, lost, or destroyed is agreed upon between the claimant and the Alaska division of homeland security and emergency management, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property under the condemnation laws of this state.

History. (§ 3 ch 104 SLA 1977)

Revisor’s notes. —

In 1990, in (c) of this section a reference to AS 26.23.010 — 26.23.220 was substituted for “this chapter” to reflect the enactment of AS 26.23.300 and 26.23.400 by ch. 178 SLA 1990.

In 2004, in (b) - (d) of this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Sec. 26.23.170. Communications.

The Department of Military and Veterans’ Affairs shall ascertain what means exist for rapid and efficient communications in times of disaster emergency. The department shall consider the desirability of supplementing these communications resources, or of integrating them into a comprehensive state or state-federal telecommunications network or other communication system or network. In studying the character and feasibility of any system or its several parts, the department shall evaluate the possibility of multi-purpose use of it or its parts for general state and local governmental purposes. The department shall make recommendations to the governor as appropriate.
A statewide 911 coordinator is established within the Department of Military and Veterans’ Affairs to coordinate and facilitate the implementation of 911 systems throughout the state. The 911 coordinator shall
1. participate in efforts to set uniform statewide standards for automatic number identification and automatic location identification data transmission for telecommunications systems;
2. make recommendations as necessary for implementation of basic and enhanced 911 service.

History. (§ 3 ch 104 SLA 1977; am §§ 18, 19 ch 179 SLA 2004)

Sec. 26.23.180. Mutual aid.

Political subdivisions not participating in interjurisdictional arrangements under AS 26.23.010 — 26.23.220 nevertheless shall be encouraged and assisted by the Alaska division of homeland security and emergency management to conclude suitable arrangements for furnishing mutual aid in coping with disasters. The arrangements must include provision of aid by persons and units in public employment.
In concurring with local disaster plans, the governor shall consider whether they contain adequate provisions for the rendering and receipt of mutual aid.
It is a sufficient reason for the governor to require an interjurisdictional agreement or arrangement under AS 26.23.070 that the area involved and political subdivisions in it have available equipment, supplies, and forces necessary to provide mutual aid on a regional basis, and that the political subdivisions have not already made adequate provision for mutual aid; but in requiring an interjurisdictional arrangement in order to accomplish the purpose of this section, the governor need not require establishment and maintenance of an interjurisdictional disaster planning and service area or arrangement for any other disaster purposes.

History. (§ 3 ch 104 SLA 1977; am § 15 ch 32 SLA 1994)

Revisor’s notes. —

In 1990, in (a) of this section a reference to AS 26.23.010 — 26.23.220 was substituted for “this chapter” to reflect the enactment of AS 26.23.300 and 26.23.400 by ch. 178, SLA 1990.

In 2004, in (a) of this section, “division of emergency services” was changed to “division of homeland security and emergency management” in accordance with § 26(b), ch. 179, SLA 2004.

Sec. 26.23.190. Emergency powers.

If entry is reasonably necessary to actually alleviate or prevent the disaster, all persons authorized to carry out emergency measures directed under the provisions of AS 26.23.010 — 26.23.220 shall be accorded free access to all public and private land and public buildings within the areas specified, and are authorized to enter them and to perform work and take measures that are appropriate without the consent of the owners of the land or buildings.
[Repealed, § 28 ch 32 SLA 1994.]

History. (§ 3 ch 104 SLA 1977; am § 3 ch 190 SLA 1990; am § 28 ch 32 SLA 1994)

Revisor’s notes. —

In 1990, in this section a reference to AS 26.23.010 — 26.23.220 was substituted for “this chapter” to reflect the enactment of AS 26.23.300 and 26.23.400 by ch. 178, SLA 1990.

Sec. 26.23.195. Discharge response actions. [Repealed, § 28 ch 32 SLA 1994.]

Sec. 26.23.200. Limitations.

Nothing in AS 26.23.010 — 26.23.220

interferes with or allows interference with the course or conduct of a labor dispute, except that actions otherwise authorized by AS 26.23.010 — 26.23.220 or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
interferes with or allows interference with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services, and newspapers, may be requested to transmit or print public service messages furnishing information or instructions in connection with a disaster emergency, in a manner that encroaches as little as possible upon the normal functions of the news media;
affects the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or of any personnel of them, when on active duty; but state, local, and interjurisdictional disaster emergency plans shall place reliance upon the forces available for performance of functions related to disaster emergencies;
limits, modifies, or abridges the authority of the governor to proclaim martial law, or exercise any other powers vested in the governor under the constitution, statutes, or common law of this state independent of, or in conjunction with, any provision of AS 26.23.010 — 26.23.220 ; or
authorizes the confiscation of a firearm lawfully owned, possessed, or carried by a law-abiding citizen.

History. (§ 3 ch 104 SLA 1977; am § 1 ch 32 SLA 2006)

Revisor’s notes. —

In 1992, “AS 26.23.010 — 26.23.220 ” was substituted for “this chapter” in three places in this section to reflect the 1990 enactment of AS 26.23.300 and 26.23.400 .

Sec. 26.23.205. Confiscation of firearms.

A person convicted of official misconduct under AS 11.56.850 , or interference with constitutional rights under AS 11.76.110 , as a result of confiscating, attempting to confiscate, or ordering the confiscation of a firearm, under color of law, during a disaster emergency,
1. forfeits any appointed government position and, if under the jurisdiction of the Alaska Police Standards Council, is subject to revocation of the person’s police certification;
2. is subject to impeachment under art. II, sec. 20, Constitution of the State of Alaska; or
3. is subject to having the person’s elected municipal office declared vacant under AS 29.20.170 or 29.20.280 .
This section does not apply if the person is acting as a private citizen who has been directed to confiscate a firearm by another whom the person reasonably believes to be a peace officer or active member of the armed forces or militia.
A conviction described in (a) of this section is an offense involving a violation of the oath of office for purposes of AS 29.20.170 or 29.20.280 .

History. (§ 2 ch 32 SLA 2006)

Sec. 26.23.210. Relationship to homeland security and civil defense laws.

In the event of a conflict between this chapter and AS 26.20, including in the event the governor declares a disaster under this chapter due to an attack or credible threat of imminent enemy or terrorist attack as described in AS 26.23.900 (2), the provisions of this chapter shall govern.
The provisions of AS 26.20.140 , providing for immunity of government, employees, and other authorized persons in certain circumstances, apply when the entities or persons covered by AS 26.20.140 perform duties under AS 26.23.010 — 26.23.220 , except as otherwise provided in AS 26.23.136 for entities or other persons providing assistance to the state under a compact in a form substantially as contained in AS 26.23.136 .

History. (§ 3 ch 104 SLA 1977; am § 12 ch 178 SLA 1990; am § 4 ch 55 SLA 2002; am § 10 ch 43 SLA 2003; am § 20 ch 179 SLA 2004)

Legislative history reports. —

For governor’s transmittal letter for ch. 43, SLA 2003 (HB 245), which added (c) of this section, see 2003 House Journal 777— 783.

Sec. 26.23.215. Relationship to other planning statutes. [Repealed, § 28 ch 32 SLA 1994.]

Sec. 26.23.220. Administration.

AS 26.23.010 — 26.23.220 shall be administered by the Department of Military and Veterans’ Affairs, which is responsible to, and which may receive delegations of authority from, the governor.

History. (§ 3 ch 104 SLA 1977; am E.O. No. 58, § 17 (1984))

Revisor’s notes. —

In 1990, in this section a reference to AS 26.23.010 — 26.23.220 was substituted for “this chapter” to reflect the enactment of AS 26.23.300 and 26.23.400 by ch. 178, SLA 1990.

Administrative Code. —

For 1998 western Alaska fisheries disaster emergency disaster assistance, see 6 AAC 94, art. 1.

For individual and family disaster grants, see 6 AAC 94, art. 2.

For temporary housing assistance, see 6 AAC 94, art. 3.

Sec. 26.23.230. [Renumbered as AS 26.23.900.]

Sec. 26.23.240. Short title.

AS 26.23.010 — 26.23.240 and 26.23.900 may be cited collectively as the Alaska Disaster Act.

History. (§ 16 ch 58 SLA 2010)

Article 2. Disaster Relief Fund.

Administrative Code. —

For disaster assistance programs, see 6 AAC 94.

Sec. 26.23.300. Disaster relief fund.

There is in the Office of the Governor a disaster relief fund. The Department of Revenue is custodian of the fund.
Subject to the restrictions of AS 26.23.020(h) — (k), the governor may expend the assets of the disaster relief fund for the following purposes:
1. to implement provisions of law relating to disaster relief in the case of a disaster or an incident;
2. to alleviate the effects of a disaster or an incident by making grants or loans to persons or political subdivisions on terms the governor considers appropriate or by other means the governor considers appropriate.
[Repealed, § 7 ch 4 SLA 2000.]
The governor shall present to the legislature an annual accounting of money expended from the disaster relief fund.
The governor shall adopt regulations to carry out the provisions of this section.

History. (§ 17 ch 178 SLA 1990; am §§ 5, 7 ch 4 SLA 2000)

Cross references. —

For temporary provisions relating to the COVID-19 public health disaster emergency declared January 15, 2021, see ch. 2, SLA 2021, in the 2021 Temporary and Special Acts. For legislative approval of a financing plan to cope with that disaster, see sec. 5, ch. 2, SLA 2021.

Administrative Code. —

For 1998 western Alaska fisheries disaster emergency disaster assistance, see 6 AAC 94, art. 1.

For individual and family disaster grants, see 6 AAC 94, art. 2.

For temporary housing assistance, see 6 AAC 94, art. 3.

Article 3. Fuel Emergency.

Sec. 26.23.400. Fuel emergency fund.

There is established in the Office of the Governor the fuel emergency fund. When the governor determines that a shortage of fuel is sufficiently severe to justify state assistance, the governor may make a grant from the fuel emergency fund to a political subdivision to purchase emergency supplies of fuel.

History. (§ 17 ch 178 SLA 1990)

Article 4. Alaska Intrastate Mutual Aid System.

Sec. 26.23.500. Alaska intrastate mutual aid system established.

The Alaska intrastate mutual aid system is established to provide for mutual assistance among participating political subdivisions of the state in preparing for and responding to a disaster. Except as provided in (b) of this section, all political subdivisions of the state shall participate in the system.
A political subdivision may withdraw from participation in the Alaska intrastate mutual aid system established in (a) of this section. To withdraw, the governing board of a political subdivision shall adopt a resolution declaring that the political subdivision elects not to participate in the system and provide a copy of the resolution to the Alaska division of homeland security and emergency management. A political subdivision that withdraws may later elect to participate by adopting a resolution declaring the election of the political subdivision to participate and by delivering a copy of the resolution to the Alaska division of homeland security and emergency management.
The provisions in AS 26.23.500 — 26.23.549 may not be construed to affect other mutual aid systems or agreements authorized elsewhere by law, do not prohibit a participating political subdivision from entering into other agreements with another political subdivision, including agreements entered into under AS 26.23.070 — 26.23.077 , 26.23.180 , AS 46.04.200 , or 46.04.210 , and do not affect any other agreement to which a political subdivision may be a party now or in the future.
The provisions of AS 26.23.500 — 26.23.549 may not be interpreted to preclude the eligibility of a political subdivision for state or federal disaster funding or disaster readiness funding.

History. (§ 5 ch 67 SLA 2012)

Notes to Decisions

Quoted in

Public Safety Emples. Ass'n, AFSCME Local 803 v. City of Fairbanks, 420 P.3d 1243 (Alaska 2018).

Sec. 26.23.510. Requests for assistance from another political subdivision.

Except as otherwise provided in this section, a political subdivision of the state that is a participating political subdivision under AS 26.23.500(a) may request and receive assistance from another participating political subdivision for
1. response, mitigation, or recovery activities related to a local disaster emergency declared under AS 26.23.140 ;
2. response to a disaster emergency declared by the governor under AS 26.23.020 ;
3. disaster prevention training exercises conducted under AS 26.23.150 ; or
4. other drills or exercises conducted in preparation for a disaster.
The principal executive officer or an authorized designee of the principal executive officer of a participating political subdivision that is requesting assistance shall request assistance directly from the principal executive officer or authorized designee of the principal executive officer of another participating political subdivision. Requests may be made orally or in writing and shall be reported directly to the Alaska division of homeland security and emergency management as soon as is practicable. A request for assistance that is made orally must be confirmed in writing within 30 days after the date of the initial oral request.
A responding political subdivision shall have sole discretion to withhold or withdraw requested assistance to provide reasonable protection and services within its own territorial limits.
Consistent with guidelines and procedures developed by the Alaska division of homeland security and emergency management under AS 26.23.040(e) , a responding political subdivision shall document all assistance that is being provided to a requesting political subdivision at the time the assistance is provided and deliver copies of the documentation to the political subdivision that requested assistance within 30 days after the assistance is provided.
The political subdivision requesting assistance shall have sole operational control over assistance provided under AS 26.23.500 — 26.23.549 . This subsection does not prohibit a responding political subdivision from withdrawing assistance.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.515. Qualifications of emergency responders.

An emergency responder holding a license, certificate, or other permit issued by a state agency or a political subdivision of the state evidencing the responder’s qualification in a professional, mechanical, or other skill shall be considered to be licensed, certified, or permitted in the requesting political subdivision during the emergency, disaster, drill, or exercise, subject to limitations and conditions prescribed by the principal executive officer of the requesting political subdivision in writing.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.520. Emergency responder not an employee of a requesting political subdivision.

An emergency responder from a political subdivision that responds to a political subdivision requesting assistance is not an employee of the political subdivision requesting assistance and is not entitled to any right, privilege, or benefit of employment from the requesting political subdivision, including compensation, wages, salary, leave, pension, health, or another benefit.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.525. Workers’ compensation and benefits following injury to or death of emergency responder.

An emergency responder that is responding to and rendering assistance in a political subdivision that has requested assistance under AS 26.23.510 who sustains an injury or dies in the course of providing assistance to the requesting political subdivision under AS 26.23.500 — 26.23.549 is entitled to receive only the benefits otherwise authorized by law for an injury sustained, or a death that occurs, in the course of employment with, or while providing services to, the responding political subdivision. This section does not affect the right of a person to receive benefits to which the person would otherwise be entitled under any law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.530. Reimbursement for assistance provided and disputes relating to reimbursement.

A political subdivision that has received assistance from another political subdivision under AS 26.23.510 shall reimburse the political subdivision that provided assistance for the true and full value of the assistance provided. Requests for reimbursement shall be made in accordance with procedures and guidelines developed by the Alaska division of homeland security and emergency management under AS 26.23.040(e) . However, if authorized by law, a responding political subdivision may donate its assistance provided under AS 26.23.500 — 26.23.549 to a requesting political subdivision.
If a dispute regarding reimbursement arises between political subdivisions, the political subdivision asserting the dispute shall provide written notice to the other political subdivision identifying the reimbursement issues in dispute. If the dispute is not resolved within 90 days after receipt of the dispute notice by the political subdivision asserting the dispute, either party to the dispute may request arbitration under AS 09.43.300 — 09.43.595 (Revised Uniform Arbitration Act) by giving written notice to the other party. Costs of the arbitration, including compensation for the arbitrator’s services, must be borne equally by the political subdivisions participating in the arbitration, and each political subdivision shall bear its own costs and expenses, including legal fees and witness expenses, in connection with the arbitration proceeding.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.540. Tort liability of participating political subdivisions and emergency responders.

For purposes of liability, all persons responding under the operational control of the requesting political subdivision shall be considered to be agents of the requesting political subdivision. An action for damages for an act or omission may not be brought against a responding political subdivision, or an officer or employee of a responding political subdivision, in providing assistance under AS 26.23.500 — 26.23.549 . This section does not preclude liability for civil damages that are the result of gross negligence or reckless or intentional misconduct.

History. (§ 5 ch 67 SLA 2012)

Sec. 26.23.549. Definitions.

In AS 26.23.500 — 26.23.549 ,

“assistance” means emergency responders and resources provided by a responding political subdivision in response to a request from a requesting political subdivision;
“emergency responder” means an employee of a responding political subdivision or of a contractor under contract with a responding political subdivision or a member of a volunteer fire department registered with the state fire marshal that provides services to the responding political subdivision, who is designated in writing by that responding political subdivision as possessing skills, qualifications, training, knowledge, or experience that may be needed, under a request for assistance under AS 26.23.500 — 26.23.549 , for
1. response, mitigation, or recovery activities related to a disaster; or
2. participation in drills or exercises in preparation for a disaster;
“operational control”
1. means the limited authority to direct tasks, assignments, and use of assistance provided pursuant to a request for assistance under AS 26.23.500 — 26.23.549 for
  1. response, mitigation, or recovery activities related to a disaster; or
  2. participation in drills or exercises in preparation for a disaster;
2. does not include medical protocols or standard operating procedures observed in the responding political subdivision, or any right, privilege, or benefit of ownership or employment, including disposition, compensation, wages, salary, pensions, health benefits, leave, seniority, discipline, promotion, hiring, or firing;
“resources” means supplies, materials, equipment, facilities, energy, services, information systems, and other assets, except for emergency responders, that may be needed, under a request for assistance from a political subdivision, for
1. response, mitigation, or recovery activities related to a disaster; or
2. participation in drills or exercises in preparation for a disaster;
“state agency” has the meaning given in AS 37.05.990 .

History. (§ 5 ch 67 SLA 2012)

Article 5. General Provisions.

Sec. 26.23.900. Definitions.

In this chapter,

“commission” means the Alaska State Emergency Response Commission;
“disaster” means the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from
1. an incident such as storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, explosion, or riot;
2. the release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage;
3. equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation;
4. enemy or terrorist attack or a credible threat of imminent enemy or terrorist attack in or against the state that the adjutant general of the Department of Military and Veterans’ Affairs or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must meet the standards of AS 26.20.040(c) ; in this subparagraph, “attack” has the meaning given under AS 26.20.200 ; or
5. an outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health and social services or a designee of the commissioner of health and social services certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the commissioner or the designee determines is reliable;
“disaster emergency” means the condition declared by proclamation of the governor or declared by the principal executive officer of a political subdivision to designate the imminence or occurrence of a disaster;
[Repealed, § 22 ch 179 SLA 2004.]
“hazardous substance” has the meaning given in AS 46.03.826 ;
“major disaster” has the meaning given in 42 U.S.C. 5122;
“political subdivision” means
1. a municipality;
2. an unincorporated village; or
3. another unit of local government;
“temporary housing” has the meaning given in the federal Disaster Relief Act as amended;
“unorganized militia” means all persons comprising that component of the militia of the state, as described in AS 26.05.010 .

History. (§ 3 ch 104 SLA 1977; am § 49 ch 74 SLA 1985; am § 4 ch 59 SLA 1986; am § 2 ch 5 SLA 1987; am §§ 13 — 16 ch 178 SLA 1990; am § 16 ch 32 SLA 1994; am § 6 ch 4 SLA 2000; am §§ 21, 22 ch 179 SLA 2004)

Revisor’s notes. —

Formerly AS 26.23.230 . Renumbered in 1990. Paragraphs (1) and (5) were enacted as (8) and (9), respectively, and renumbered in 1994, at which time the other paragraphs were renumbered accordingly.

Editor’s notes. —

With regard to the reference to “the federal Disaster Relief Act” in paragraph (8) of this section, most federal disaster relief statutes can be found at 42 U.S.C. 5121 — 5208. Assistance for temporary housing is covered by 42 U.S.C. 5174. However, no definition for the term exists at 42 U.S.C. 5174 or in 42 U.S.C. 5122, which contains most definitions for disaster relief.

Sec. 26.23.900. Definitions.

In this chapter,

“commission” means the Alaska State Emergency Response Commission;
“disaster” means the occurrence or imminent threat of widespread or severe damage, injury, loss of life or property, or shortage of food, water, or fuel resulting from
1. an incident such as storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, avalanche, snowstorm, prolonged extreme cold, drought, fire, flood, epidemic, explosion, or riot;
2. the release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage;
3. equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation;
4. enemy or terrorist attack or a credible threat of imminent enemy or terrorist attack in or against the state that the adjutant general of the Department of Military and Veterans’ Affairs or a designee of the adjutant general, in consultation with the commissioner of public safety or a designee of the commissioner of public safety, certifies to the governor has a high probability of occurring in the near future; the certification must meet the standards of AS 26.20.040(c) ; in this subparagraph, “attack” has the meaning given under AS 26.20.200 ;
5. an outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health and social services or a designee of the commissioner of health and social services certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information received from a local, state, federal, or international agency, or another source that the commissioner or the designee determines is reliable; or
6. a cyber attack or serious cyber incident that affects critical infrastructure in the state, an information system owned or operated by the state or a political subdivision of the state, information that is stored on, processed by, or transmitted on an information system owned or operated by the state or a political subdivision of the state, or a credible threat of an imminent cyber attack or serious cyber incident that the commissioner of administration or commissioner’s designee certifies to the governor has a high probability of occurring in the near future; the certification must be based on specific information that critical infrastructure in the state, an information system owned or operated by the state or a political subdivision of the state, or information that is stored on, processed by, or transmitted on an information system owned or operated by the state or a political subdivision of the state may be affected; in this subparagraph,
  1. “critical infrastructure” means systems and assets, whether physical or virtual, so vital to the state that the incapacity or destruction of the systems and assets would have a debilitating effect on security, state economic security, state public health or safety, or any combination of those matters;
  2. “serious cyber incident” means an incident that has a confirmed effect on the confidentiality, integrity, or availability of systems and data, has legal or privacy implications, affects other agencies, or requires security experience or resources not otherwise available;
“disaster emergency” means the condition declared by proclamation of the governor or declared by the principal executive officer of a political subdivision to designate the imminence or occurrence of a disaster;
[Repealed, § 22 ch 179 SLA 2004.]
“hazardous substance” has the meaning given in AS 46.03.826 ;
“major disaster” has the meaning given in 42 U.S.C. 5122;
“political subdivision” means
1. a municipality;
2. an unincorporated village; or
3. another unit of local government;
“temporary housing” has the meaning given in the federal Disaster Relief Act as amended;
“unorganized militia” means all persons comprising that component of the militia of the state, as described in AS 26.05.010 .

Chapter 25. National Guard Mutual Assistance Compact.

Sec. 26.25.010. Entry into compact.

The National Guard Mutual Assistance Compact is enacted into law and entered into on behalf of the State of Alaska with all other states and jurisdictions legally joining in it in a form substantially as contained in AS 26.25.020 .

History. (§ 1 ch 77 SLA 1968)

Sec. 26.25.020. Terms and provisions of compact.

The terms and provisions of the compact referred to in AS 26.25.010 are as follows:

History. (§ 1 ch 77 SLA 1968)

Article I. Purposes.

The purposes of this Compact are to:

provide for mutual aid among the party states in the utilization of the National Guard to cope with emergencies;
permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency;
maximize the effectiveness of the National Guard in those situations that call for its utilization under this Compact; and
provide protection for the rights of National Guard personnel when serving in other states on emergency duty.

Article II. Entry Into Force and Withdrawal.

This Compact shall enter into force when enacted into law by any two states. Thereafter, this Compact becomes effective as to any other state upon its enactment in that state.
A party state may withdraw from this Compact by enacting a statute repealing it, but the withdrawal does not take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states.

Article III. Mutual Aid.

In this Article:
1. “emergency” means an occurrence or condition, temporary in nature, in which police and other public safety officials and locally available National Guard forces are, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety;
2. “requesting state” means the state whose governor requests assistance in coping with an emergency;
3. “responding state” means the state furnishing aid, or requested to furnish aid.
Upon request of the governor of a party state for assistance in an emergency, the governor of a responding state has authority under this Compact to send outside the borders of the responding state and place under the temporary command of the appropriate National Guard or other military authorities of the requesting state all or any part of the National Guard forces of the responding state as the governor of the responding state considers necessary, and the exercise of the discretion of the governor of the responding state in this regard is conclusive.
The governor of a party state may withhold the National Guard forces of that state from use outside the state and recall any forces or part or member of forces previously deployed in a requesting state.
Whenever National Guard forces of a party state are engaged in another state in carrying out the purposes of this Compact, the members so engaged have the same powers, duties, rights, privileges and immunities as members of National Guard forces in the other state. The requesting state shall save members of the National Guard forces of responding states harmless from civil liability for acts or omissions in good faith that occur in the performance of their duty while engaged in carrying out the purposes of this Compact, whether the responding forces are serving the requesting state within its borders or are in transit to or from such service.
Subject to the provisions of (f), (g) and (h) of this Article, all liability that may arise under the laws of the requesting state, the responding state, or a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
A responding state rendering aid under this Compact shall be reimbursed by the requesting state for loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of National Guard personnel and equipment incurred in connection with the request. However, nothing in the Compact prevents a responding state from assuming the loss, damage, expense or other cost.
Each party state shall provide, in the same amounts and manner as if they were on duty inside their state, for the pay and allowances of the personnel of its National Guard units while engaged outside the state under this Compact and while going to and returning from duty under this Compact. This pay and these allowances are considered items of expense reimbursable under (f) of this Article by the requesting state.
Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its National Guard forces in case members sustain injuries or are killed inside their own state, shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case members sustain injuries or are killed while rendering aid pursuant to this Compact. This compensation and these death benefits are considered items of expense reimbursable under (f) of this Article.

Article IV. Delegation.

Nothing in this Compact may be construed to prevent the governor of a party state from delegating any of the governor’s responsibilities or authority respecting the National Guard, provided that the delegation is otherwise in accordance with law. For purposes of this Compact, however, the governor may not delegate the power to request assistance from another state.

Article V. Limitations.

Nothing in this Compact may:

expand or add to the functions of the National Guard, except with respect to the jurisdictions within which the functions may be performed;
authorize or permit National Guard units to be placed under the field command of a person not having the military or National Guard rank or status required by law for the field command position in question.

Article VI. Construction and Severability.

This Compact shall be liberally construed so as to effectuate its purposes. The provisions of this Compact are severable and if a phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or of the United States or its applicability to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and its applicability to any government, agency, person or circumstance is not affected thereby. If this Compact is held contrary to the constitution of any state participating in it, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Sec. 26.25.030. Rights and benefits.

In accordance with Article III(h) of the National Guard Mutual Assistance Compact, members of the National Guard forces of this state shall be considered to be in state service at all times when engaged under this Compact, and shall be entitled to all rights and benefits provided under AS 26.05.260 .

History. (§ 1 ch 77 SLA 1968)

Chapter 27. Alaska Aerospace Corporation.

Revisor’s notes. —

Material in this chapter was formerly located at AS 14.40.821 — 14.40.990 .

Cross references. —

For transitional provisions relating to the 2011 transfer of the Alaska Aerospace Corporation from the Department of Commerce, Community, and Economic Development to the Department of Military and Veterans’ Affairs, see § 6, E.O. 115, in the Executive Orders pamphlet.

Sec. 26.27.010. Creation and termination of corporation.

The Alaska Aerospace Corporation is created as a public corporation of the state. The corporation is a body corporate and politic located for administrative purposes within the Department of Military and Veterans’ Affairs and affiliated with the University of Alaska but with a separate and independent legal existence.
The corporation may not be terminated as long as it has bonds, notes, or other obligations outstanding. If the corporation is terminated, it shall be terminated in a manner that permits the University of Alaska and Poker Flat Research Range to continue their research and educational missions uninterrupted.

History. (E.O. No. 115 § 2 (2011))

Revisor’s notes. —

Prior to E.O. 115, the Alaska Aerospace Corporation was located for administrative purposes within the Department of Commerce, Community and Economic Development.

Sec. 26.27.020. Board of directors.

The powers and responsibilities of the corporation are vested in the board of directors. The board of directors of the corporation consists of nine members appointed by the governor as follows:
1. three state residents who have a significant high level of experience in the private business sector, specializing in financing or economic development or marketing; two of the state residents appointed under this paragraph shall be residents of the borough where the launch activities of the corporation occur if qualified candidates residing in the borough are available;
2. the president or the designee of the president of the University of Alaska;
3. the director or designee of the Geophysical Institute of the University of Alaska;
4. the adjutant general of the Department of Military and Veterans’ Affairs or the adjutant general’s designee;
5. two members who have held or currently hold positions in the aerospace or commercial space industry, have special experience regarding federal regulatory procedures and policies involving space, or have operational experience; members with aerospace experience may not exceed one; and
6. a public school educator or a public member.
The members of the board of directors of the corporation described in (a)(5) of this section may be nonresidents of the state. The term of the members described in (a)(1), (5) and (6) of this section is four years and those terms shall be staggered.
Members of the board of directors of the corporation described in (a)(1), (5) and (6) of this section receive $100 compensation for each day spent on official business of the corporation.
In addition to the members of the board of directors described in (a) of this section, two members of the legislature shall serve as ex officio nonvoting members of the board of directors. The two ex officio nonvoting members shall include one member of the senate appointed by the president of the senate and one member of the house appointed by the speaker of the house.
The voting and nonvoting members of the board of directors of the corporation are entitled to per diem and travel expenses authorized under AS 39.20.180 .

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.030. Chair and vice-chair.

The board of directors of the corporation shall select a chair and vice-chair from among the members of the board of directors of the corporation who are state residents. The vice-chair presides over all meetings in the absence of the chair and has other duties the board of directors of the corporation may direct.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.040. Meetings; staff.

A majority of the members of the corporation constitutes a quorum for the transaction of business or the exercise of a power or function at a meeting of the corporation. The corporation shall meet at least every three months. The corporation may meet and transact business by electronic media if (1) public notice of the time and locations where the meeting will be held by electronic media has been given in the same manner as if the meeting were held in a single location; (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and the public. A meeting by electronic media as provided in this subsection has the same legal effect as a meeting in person.
The corporation may employ persons as staff it considers advisable, including an executive director, and may employ professional advisors, technical experts, agents, and other employees it considers advisable. The executive director and employees of the corporation are in the exempt service under AS 39.25.
The corporation may hire legal counsel to represent the corporation.
The corporation shall keep minutes of each meeting and send a certified copy of the minutes to the governor and to the Legislative Budget and Audit Committee.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.050. Alaska Aerospace Corporation fund.

The Alaska Aerospace Corporation fund is established in the corporation. The fund consists of appropriations made to the fund by the legislature, and rents, fees, or other money or assets transferred to the fund by the corporation. Amounts deposited in the fund may be pledged to the payment of bonds of the corporation or expended for the purposes of the corporation under this chapter.
The corporation shall have custody of the fund and shall be responsible for its management. The corporation is the fiduciary of the fund under AS 37.10.071 and may invest amounts in the fund in accordance with an investment policy adopted by the corporation. Notwithstanding AS 37.10.010 — 37.10.050 , the corporation may make disbursements from the fund in accordance with AS 37.25.050 . Notwithstanding AS 37.05.130 and 37.05.140 , the corporation shall report disbursements from the fund annually in accordance with AS 26.27.100(b)(1) . An appropriation made to the fund by the legislature shall be transferred from the state treasury to the corporation for deposit in the fund.

History. (E.O. No. 115 § 2 (2011))

Opinions of attorney general. —

The Alaska Aerospace Development Corporation (AADC) must secure an appropriation from the legislature before expending funds not previously appropriated. This requirement covers interest on the $1,000,000 previously appropriated to the AADC for capitalization, and any other funds that come into the revolving fund. See 1981 Inf. Op. Att’y Gen. (Aug. 21; J-66-590-81). However, because the $1,000,000 capitalization has already been appropriated to the AADC by the legislature in sec. 41, ch. 136, SLA 92, an additional appropriation is unnecessary before expenditure of the $1,000,000. March 15, 1995 Op. Att’y Gen.

Sec. 26.27.060. Insurance coverage; safety program.

The corporation may engage actuarial experts and shall develop probability models to indicate the degree of potential harm to the public and private enterprise from the corporation’s activities.
The corporation shall, to the extent available and consistent with federal requirements, secure insurance coverage within reasonable limits for liability that may arise as a consequence of its activities and the activities of its officers and employees and to insure its buildings, structures, and other facilities against loss.
The corporation shall establish a safety program that includes
1. the development and implementation of a loss prevention program consisting of a comprehensive corporation wide safety program, including a statement by the board, of safety policy and responsibility and regulations implementing it;
2. provision for regular and periodic facility and equipment inspections;
3. investigation of job-related accidents and other accidents occurring on the premises of the corporation or within areas of its jurisdiction;
4. the establishment of a program to promote increased safety awareness among employees, agents, and subcontractors of the corporation;
5. the study of safety operations at other space-related facilities in the United States;
6. all federal and state safety and emergency facility requirements for commercial space facilities.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.070. Space activities location.

To the extent that the University of Alaska agrees to lease the Poker Flat Research Range to the corporation, the Poker Flat Research Range constitutes the location and launch site for the corporation. The corporation may not pledge or encumber the Poker Flat Research Range, nor is it an asset of the corporation. Other sites may be developed and utilized if determined by the board to be necessary.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.080. Licenses and permits.

The corporation shall obtain all federal and state licenses and permits necessary to fulfill the purposes, to perform the duties, and exercise the powers of the corporation.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.090. Purpose of the corporation.

The purpose of the corporation is to allow the state to take a lead role in the exploration and development of space, to enhance human and economic development, and to provide a unified direction

for space-related economic growth thereby ensuring a stable and dynamic research and business climate by attracting space-related businesses to locate within and utilize the opportunities provided in the state;
for space-related educational and research development by encouraging and assisting the University of Alaska in developing space-related programs, research, and courses of instruction and to assist the University of Alaska as a member of the Space Grant State Consortia under 42 U.S.C. 2486 (National Space Grant College and Fellowship Program);
to promote the continued utilization of the Poker Flat Research Range as a launch site for launch vehicles and for scientific research both from ground based and rocket or balloon based instrumentation;
to recognize the importance and benefits of and to promote and encourage the continued utilization of Poker Flat Research Range for the University of Alaska’s polar research efforts;
for promotion of space-related tourism activities at Poker Flat Research Range and other space-related facilities or centers that may be utilized or established by the corporation; and
for development of a state strategy for and to implement the acceleration of space-related economic growth and educational and research development in the state by the use of innovative development methods designed to stimulate space-related business and educational and research development and improve the entrepreneurial atmosphere in the state.

History. (E.O. No. 115 § 2 (2011))

Editor’s notes. —

42 U.S.C. 2486, referred to in paragraph (2), has been transferred as a note under 51 U.S.C. 40301.

Sec. 26.27.100. Powers and duties of the corporation.

In furtherance of its corporate purposes, in addition to its other powers the corporation may
1. sue and be sued;
2. adopt a seal;
3. have perpetual succession;
4. adopt, amend, and repeal bylaws and regulations;
5. make and execute contracts and other instruments;
6. in its own name acquire property, lease, rent, convey, or acquire real and personal property, except that a project site or part of a project site may not be acquired by eminent domain;
7. issue bonds and otherwise incur indebtedness, in accordance with AS 26.27.150 , in order to pay the cost of a project or projects to construct or improve launch facilities or other space and aerospace projects or in order to provide money for the corporation’s purposes under this chapter; the corporation may also secure payment of the bonds or other indebtedness as provided in this chapter;
8. accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them with, a federal agency or an agency or instrumentality of the state, a municipality, private organization, or other source;
9. enter into contracts or agreements with a federal agency, agency or instrumentality of the state, municipality, or public or private individual or entity, with respect to the exercise of its powers, and do all things necessary or convenient to carry out its corporate purposes and exercise the powers granted in this chapter;
10. own, acquire, construct, develop, create, reconstruct, equip, operate, maintain, extend, and improve launch sites, launch pads, landing areas, ranges, payload facilities, laboratories, space business incubators, facilities for the construction of rockets and other launch vehicles, and other space facilities and space-related systems, including educational, cultural, tourism, and parking facilities, and space-related initiatives;
11. undertake a program of advertising to the public and space-related businesses promoting the space-related projects of the corporation and space-related businesses;
12. construct, improve, and operate by itself or in cooperation with the University of Alaska or the Department of Transportation and Public Facilities transportation facilities appropriate to meet the transportation requirements of a facility operated by the corporation;
13. construct, improve, and operate water, sewage, and utility service to a facility operated by the corporation;
14. construct, provide, or improve public safety facilities for a facility operated by the corporation;
15. charge fees, rents, or other charges for the use of a facility, structure, or service developed, operated, or provided by the corporation including fees, rents, and other charges in excess of the actual operating cost of the use of the facility, structure, or service;
16. pledge rents, fees, charges, or other revenue from the use of its services or facilities as security for bonds of the corporation;
17. undertake to finance or develop a space-related project with any agency or authority of the state, its political subdivisions, agencies or authorities of other states, the federal government, foreign governments, or private entities;
18. apply to the federal government for a grant allowing the designation of corporation territory as a foreign trade zone under AS 45.77.010 ;
19. negotiate agreements for the overflight or recovery of a space vehicle, rocket, missile, payload, booster, scientific experiments or other space-related material, debris, or parts with any person or entity, including but not limited to adjacent landowners;
20. lease the Poker Flat Research Range or portions of it from the University of Alaska and to lease to the University space-related facilities that the corporation may construct or acquire;
21. apply for and hold in the name of the corporation patents, copyrights, and other intellectual property.
The corporation shall
1. prepare an annual report of its operations to include a balance sheet, an income statement, a statement of changes in financial position, a reconciliation of changes in equity accounts, a summary of significant accounting principles, an auditor’s report, comments regarding the year’s business, and prospects from the next year; the report shall be completed by the third day of each regular session of the legislature, and the corporation shall notify the governor, the presiding officers of each house of the legislature, the University of Alaska, and the Legislative Budget and Audit Committee that the report is available;
2. submit its annual budget to the legislature through the governor as provided for state agencies by AS 37.07;
3. establish a personnel management system for hiring employees and setting employee-benefit packages;
4. establish procedures, rules, and rates governing per diem and travel expenses of the employees of the corporation in substantial conformity to statutes, procedures, rules, and rates governing state employees;
5. fulfill its purposes, perform its duties, and exercise its power in a manner that does not interfere or restrict the educational and research functions of Poker Flat Research Range and the University of Alaska.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.110. Regulations.

The corporation shall adopt regulations to carry out the purposes of this chapter.
Except for AS 44.62.310 — 44.62.319 (Open Meetings Act), the provisions of AS 44.62 (Administrative Procedure Act) regarding the adoption of regulations do not apply to the corporation. The corporation shall make available to members of the public copies of the regulations adopted under this section.
The corporation may adopt regulations by motion or by resolution or in another manner permitted by its bylaws.
Except as provided in (e) of this section, at least 15 days before the adoption of a regulation, the corporation shall give public notice of the proposed action by publishing the notice in at least three newspapers of general circulation in the state and by mailing a copy of the notice to every person who has filed a request for notice of proposed regulations with the corporation. The public notice must include a statement of the time, place, and nature of the proceedings for the adoption of the regulation and must include an informative summary of the subject of the proposed action. On the date and at the time and place designated in the notice, the corporation shall give each interested person or an authorized representative of the person, or both, the opportunity to present statements, arguments, or contentions orally or in writing and shall give members of the public an opportunity to present oral statements, arguments, or contentions for a total period of at least one hour. The corporation shall consider all relevant matter presented to it before taking the proposed action on the regulation. At a hearing under this subsection, the corporation may continue or postpone the hearing to a time and place determined by the corporation and announced at the hearing before taking the action to continue or postpone the hearing. A regulation adopted by the corporation may vary from the informative summary specified in this subsection if the subject matter of the action taken on the regulation remains the same and if the original notice of the proposed action was written so as to assure that members of the public are reasonably notified of the subject matter of the proposed action in order for them to determine whether their interests could be affected by the corporation’s proposed action on that subject.
The adoption of a regulation may be made as an emergency regulation if, in the order of adoption, the corporation states the facts constituting the emergency and makes a finding that the adoption of the regulation is necessary for the immediate preservation of the orderly operation of the corporation’s programs. The requirements of (d) of this section do not apply to the initial adoption of an emergency regulation; however, upon adoption of an emergency regulation under this subsection, the corporation shall, within 10 days after that adoption, publish notice of the adoption in accordance with the notice procedures specified in (d) of this section. An emergency regulation adopted under this subsection may not remain in effect for more than 120 days unless, before the expiration of that period, the corporation adopts that regulation as a permanent regulation in accordance with the procedures specified in (d) of this section.
A regulation adopted under this section takes effect immediately upon its adoption by the corporation or at another time specified by the corporation in its order of adoption.

History. (E.O. No. 115 § 2 (2011); am § 5 ch 7 SLA 2018)

Effect of amendments. —

The 2018 amendment, effective August 1, 2018, in (b), deleted the third sentence, which read, “Within 45 days after adoption of a regulation under this section, the chair of the corporation shall submit the regulation adopted to the chair of the Administrative Regulation Review Committee under AS 24.20.400 – 24.20.460.”

Sec. 26.27.120. Exercise by corporation of powers within municipalities.

The corporation may exercise any of its powers in all portions of a space-related facility or territory lying within the boundaries of a municipality to the same extent and in the same manner as in areas of the space-related facility or territory not within the boundaries of a municipality.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.130. Trade secrets confidential.

The corporation shall maintain the confidentiality of a trade secret, or other proprietary technical information, supplied for purposes related to this chapter unless the owner of the trade secret authorizes its release or a court orders its release. Information covered by this section is not a public record for purposes of AS 40.25.110 — 40.25.140 . The corporation shall adopt regulations implementing this section.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.140. Approval of projects by legislature.

Notwithstanding any other provision of this chapter, a proposed construction project of $1,000,000 or more shall be submitted by the corporation to the legislature for approval at a regular session of the legislature.

History. (E.O. No. 115 § 2 (2011))

Cross references. —

For legislative approval of construction of the Alaska Orbital Launch Complex, see ch. 100, SLA 1994 in the Temporary and Special Acts.

Sec. 26.27.150. Issuance of bonds, notes, and refunding bonds.

Except as provided in (b) of this section, the corporation may issue bonds in its discretion for any of its corporate purposes and may issue refunding bonds for the purpose of paying or retiring bonds previously issued by it.
The corporation may not, without prior legislative approval, issue bonds, other than refunding bonds,
1. in a total amount in excess of $1,000,000 each calendar year; or
2. if the annual debt service on all outstanding bonds issued and proposed to be issued exceeds $1,000,000 in a fiscal year.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.160. Security for bonds.

The corporation may issue bonds including but not limited to bonds on which the principal and interest are payable (1) exclusively from the income and revenue of the space-related project financed with the proceeds of the bonds, (2) exclusively from the income and revenue of designated space-related projects whether or not they are financed in whole or in part with the proceeds of the bonds, (3) from its revenue or other assets generally, or (4) exclusively from rents, fees, charges, or other revenue collected or received by the corporation. Bonds may be additionally secured by a pledge of a grant or contribution from the federal government or from another source, or by a pledge of income or revenue of the corporation, or by a mortgage of a space-related project or other property of the corporation.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.170. Limitation of liability on bonds.

The members of the corporation and a person executing the bonds are not liable personally on the bonds by reason of their issuance. The bonds of the corporation are not a debt of the state or a political or municipal corporation or other subdivision of the state, including the University of Alaska, and each bond must so state on its face. Neither the state nor a political or municipal corporation or other subdivision of the state, including the University of Alaska, other than the corporation is liable on the bonds, nor are the bonds payable out of funds or properties other than those of the corporation. The corporation may not pledge the faith of the people of the state for a loan or obligation. Bonds of the corporation are not a debt, indebtedness, or the borrowing of money within the meaning of a limitation or restriction on the issuance of bonds contained in the constitution or laws of the state.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.180. Issuance and sale of bonds and notes.

Bonds and notes of the corporation are authorized by adoption of a resolution prescribing the date of issuance and maturity, interest rate, denomination, form, conversion privilege, rank or priority, execution, terms of redemption, medium, and place of payment. Bonds and notes may be sold in the manner, on the terms, and at the price the corporation determines. Each bond and note is negotiable. The signature of a member or an officer upon a bond or note or coupon is not invalidated by that person’s ceasing to hold office before the delivery of the bond or note. The recitation of a bond or note that it has been issued in the financing of a space-related project or purpose under this chapter is conclusive as to the issuance of the bond or note and the character of the project in a challenge of the validity of the bond or note or the security for it.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.190. Bonds exempt from taxes.

Bonds and other obligations of the corporation are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest on them and income from them, are exempt from taxes.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.200. Independent financial advisor.

In negotiating the private sale of bonds or bond anticipation notes to an underwriter, the corporation shall retain a financial advisor who is independent from the underwriter. The financial advisor may not bid on the bonds or notes if offered at public sale or negotiate for their purchase if sold at private sale.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.210. Additional powers to secure bonds or obligations under leases.

In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of bonds or lease obligations, the corporation, in addition to its other powers, may

pledge all or a part of its gross or net rents, fees, or revenues to which its right exists or may exist;
mortgage or encumber all or a part of its real or personal property, owned or later acquired;
covenant against pledging all or a part of its rents, fees, and revenue, or against mortgaging all or a part of its real or personal property, to which its right or title exists or may come into existence or against permitting or suffering any lien on the revenues or property;
covenant with respect to limitations on its right to sell, lease, or otherwise dispose of a space-related project or a part of a space-related project;
covenant as to what other, or additional debts or obligations may be incurred by it;
covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise, and as to the use and disposition of the proceeds of bonds;
provide for the replacement of lost, destroyed, or mutilated bonds;
covenant against extending the time for the payment of its bonds or interest on the bonds;
redeem the bonds, and covenant for their redemption and to provide the terms and conditions of redemption;
covenant as to the rents and fees to be charged in the operation of a space-related project, the amount to be raised each year or other period of time by rents, fees, and other revenue, and as to the use and disposition of this revenue;
create or authorize the creation of special funds for money held for construction or operating costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of this money;
prescribe the procedure by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which the consent may be given;
covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of a covenant, condition, or obligation, and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and covenant as to the terms and conditions upon which this declaration and its consequences may be waived;
vest in a trustee or trustees or the holders of bonds or a specified proportion of them, the right to enforce the payment of the bonds or covenants securing or relating to the bonds;
vest in one or more trustees the right, in the event of a default by the corporation, to take possession of a space-related project or a part of the project, and so long as the corporation continues in default to retain possession and to use, operate, and manage the project, and to collect the rent and revenue from the project, and to dispose of the money according to the agreement between the corporation and the trustees;
provide for the powers and duties of the trustees, and limit the liability of the trustees; and
provide the terms and conditions upon which the trustee or trustees or the holders of bonds, or portions of bonds, may enforce a covenant or right securing or relating to the bonds.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.220. Right of obligee of corporation to bring injunction.

An obligee of the corporation may, in addition to all other rights that may be conferred and subject only to contractual restriction binding upon the obligee, seek an injunction or an action in nature of an action for mandamus against the members, the corporation, its officers, agents, or employees.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.230. Power of corporation to confer upon obligee right to bring action or proceeding.

The corporation may by resolution, trust indenture, mortgage, lease, or other contract confer upon an obligee holding or representing a specified amount in bonds, or holding a lease, the right upon a default as defined in the resolution or instrument by suit, action, or proceeding

to have possession of a space-related project or part of one surrendered to the obligee, with possession retained by the obligee as long as the corporation continues in default;
to obtain the appointment of a receiver of a space-related project or part of one and its rents and profits, who may enter, take possession, and for the duration of the default operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising, and keep the money in a separate account or accounts to be applied in accordance with the obligations of the corporation as the court directs;
to require the corporation and its members to account as if they were the trustees of an express trust.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.240. Exemption of real property of corporation from execution or other process.

All real property of the corporation is exempt from levy and sale by execution, and an execution or other judicial process may not issue against it. A judgment against the corporation may not be a charge or lien upon its real property. However, this section does not limit the right of an obligee to foreclose or otherwise enforce a mortgage of the corporation or to pursue any remedy for the enforcement of a pledge or lien given by the corporation on its rents, fees, or revenues.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.250. Power of corporation to obtain federal aid and cooperation.

The corporation may borrow, accept contributions, grants, or other financial assistance from the federal government in aid of a space-related project and for this purpose may comply with conditions and enter into the mortgages, trust indentures, leases, or agreements that are necessary, convenient, or desirable in order to obtain financial aid or cooperation from the federal government in the undertaking, construction, maintenance, or operation of a space-related project.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.260. Exemption from taxes and assessments.

The property of the corporation is public property used for essential public and governmental purposes and this property and the corporation are exempt from all taxes and special assessments of a municipality, the state, or a political subdivision of the state. However, instead of taxes, the corporation may make payments to the municipality or political subdivision for improvements, services, and facilities furnished by it for the benefit of a space-related project.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.270. Disposal of surplus property.

The corporation may convey real or personal property that it determines is in excess of its needs. Except as provided in (b) of this section, the sale shall be by public auction or by sealed bids. Public notice shall be given by publishing notice of the sale at least once a week for two consecutive weeks in a newspaper of general circulation within the area in which the property to be sold is located and by posting notice of sale in at least two public places in the area. In no event may the auction be held less than 30 days after the last day of publication. If an acceptable bid is not received, the corporation may sell the property at negotiated sale within six months after the date of the auction. A negotiated sale may not be made on an appraisal made more than nine months before the date of sale. The price at a negotiated sale may not be less than the appraised value.
Real or personal property of the corporation may be conveyed to a state or federal agency or political subdivision or the University of Alaska for less than the appraised value without competitive bidding, upon a determination by the board that the terms are fair and proper and in the best interests of the state. The board shall consider both the nature of the agency’s or political subdivision’s public services or functions and the terms under which the property was acquired by the corporation.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.280. Public loans or donations to or cooperation with corporation.

A public body or agency of the state may
1. lend or donate money or property to the corporation;
2. cooperate with it in the planning, construction, or operation of a project;
3. transfer to it an interest in property, grant an easement, undertake otherwise authorized construction of facilities adjacent to a project;
4. furnish or improve otherwise authorized roads, streets, alleys, and sidewalks;
5. purchase bonds of the corporation;
6. incur the entire expense of improvements made under this chapter;
7. agree with the corporation that a certain sum or that no sum shall be paid by the corporation to it instead of taxes;
8. enter into agreements respecting exercise of the powers granted in this chapter that shall be approved and executed by the public body or municipality in or adjacent to the project before the project may be constructed; and
9. in general do all things necessary or convenient to cooperate in the planning, construction, or operation of a project.
Except as required under AS 44.62.310 — 44.62.319 (Open Meetings Act), a sale, conveyance, lease, or agreement under this section may be made without appraisal, public notice or advertisement, or bidding. A public body may exercise the powers granted in this section by resolution or ordinance by a majority of the members of the governing body present at the meeting at which it is introduced, and the resolution or ordinance takes effect immediately without publishing or posting.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.290. Reserve fund.

The corporation shall establish and maintain a special fund called the Alaska Aerospace Corporation reserve fund in which there shall be deposited or transferred
1. all money appropriated by the legislature for the purpose of the fund in accordance with the provisions of (g) of this section;
2. all proceeds of bonds required to be deposited in the fund by terms of a contract between the corporation and its bondholders or a resolution of the corporation with respect to the proceeds of bonds;
3. all other money appropriated by the legislature to the reserve fund; and
4. any other money or funds of the corporation that it decides to deposit in the fund.
Subject to the provisions of (h) of this section, money in the reserve fund shall be held and applied solely to the payment of the interest on and principal of bonds of the corporation as the interest and principal become due and payable and for the retirement of bonds; and the money may not be withdrawn if a withdrawal would reduce the amount in the reserve fund to an amount less than the required debt service reserve except for payment of interest then due and payable on bonds and the principal of bonds then maturing and payable and for the retirement of bonds in accordance with the terms of a contract between the corporation and its bondholders and for which payments of other money of the corporation is not then available. In this subsection, “required debt service reserve” means, as of the date of computation, the amount required to be on deposit in the reserve fund as provided by resolution of the corporation.
Money in the reserve fund in excess of the required debt service reserve as defined in (b) of this section, whether by reason of investment or otherwise, may be withdrawn at any time by the corporation and transferred to another fund or account of the corporation subject to the provision of (h) of this section.
Money in the reserve fund may be invested in the same manner and on the same conditions as permitted for investment of funds belonging to the state or held in the treasury under AS 37.10.070 ; however, the corporation may agree with the bondholders to further limit these investments.
For purposes of valuation, investments in the reserve fund shall be valued at par or if purchased at less than par, at cost unless otherwise provided by resolution of the corporation. Valuation on a particular date shall include the amount of interest then earned or accrued to that date on the money or investments in the reserve fund.
Notwithstanding any other provision of this chapter, bonds may not be issued by the corporation unless there is in the reserve fund the required debt service reserve for all bonds then issued and outstanding and for the bonds to be issued; however, the corporation may satisfy this requirement by depositing as much of the proceeds of the bonds to be issued, upon their issuance, as is needed to meet the required debt service reserve. The corporation may at any time issue its bonds or notes for the purpose of increasing the amount in the reserve fund to the required debt service reserve, or to meet whatever higher or additional reserve that may be fixed by the corporation with respect to the fund.
In order to assure the maintenance of the required debt service reserve in the reserve fund, the legislature may appropriate annually to the corporation for deposit in the fund the sum, certified by the chair of the corporation to the governor and to the legislature, that is necessary to restore the fund to an amount equal to the required debt service reserve. The chair annually, before January 30, shall make and deliver to the governor and to the legislature a certificate stating the sum required to restore the fund to that amount, and the certified sum may be appropriated and paid to the corporation during the then current state fiscal year. Nothing in this subsection creates a debt or liability of the state.
All amounts received on account of money appropriated to the reserve fund referred to in (a)(3) of this section shall be held and applied in accordance with (b) of this section; however, at the end of each fiscal year, if the amount in the reserve fund is in excess of the required debt service reserve, any amount representing earnings or income received on account of money appropriated to the reserve fund that exceeds the operating expenses of the corporation for that fiscal year shall be transferred to the general fund of the state.
All references to the reserve fund in this section include special accounts within the reserve fund that may be created by the corporation to secure the payment of particular bonds. The commissioner of revenue may lend surplus money in the general fund to the corporation for deposit to any account in the reserve fund in an amount equal to the required debt service reserve. The loans shall be made on the terms and conditions that may be agreed upon by the commissioner of revenue and the corporation, including, without limitation, terms and conditions providing that the loans need not be repaid until the obligations of the corporation secured and to be secured by the account in the reserve fund are no longer outstanding.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.300. Cooperation with other authorities.

In issuing a bond, the corporation may request the assistance of and work with the Alaska Industrial Development and Export Authority and the Alaska Municipal Bond Bank Authority. The Alaska Industrial Development and Export Authority may invest in and issue bonds for space-related projects of the Alaska Aerospace Corporation. The Alaska Industrial Development and Export Authority and the Alaska Municipal Bond Bank Authority may purchase and market bonds of the Alaska Aerospace Corporation.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.310. Investment of revenue.

The revenue and receipts of the corporation, to the extent they are not needed to pay bonds or other obligations of the corporation, shall be invested by the commissioner of revenue in cooperation with the corporation.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.320. Legality of corporation bonds as investments.

Bonds of the corporation are legal and proper investments and security for public and private banking, insurance, and trust funds.

History. (E.O. No. 115 § 2 (2011))

Sec. 26.27.900. Definitions.

In this chapter,

“board” means the board of directors of the Alaska Aerospace Corporation;
“corporation” means the Alaska Aerospace Corporation;
“landing site” means a site or facility designed, intended, or used for the landing or recovery of space vehicles, aircraft, or balloons;
“launch site” means a site or facility designed, intended, or used for the launching of space vehicles, sounding rockets, aircraft, or balloons;
“payload” means property or cargo, including people or animals, to be transported aboard a vehicle launched by the corporation;
“recovery” means the retrieval and recovery of space vehicles, payloads, and parts that have been launched from the corporation’s facilities;
“space vehicle” means a rocket, missile, booster, or other vehicle designed, intended, or used to reach high altitude.

History. (E.O. No. 115 § 2 (2011))

Chapter 30. Military Facility Zones.

Sec. 26.30.005. Military facility zones.

The Department of Military and Veterans’ Affairs may establish military facility zones in this state in accordance with this chapter.

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.010. Application for a military facility zone.

The adjutant general may accept applications for designation of a military facility zone or expansion of a military facility zone. The adjutant general shall by regulation specify the content of, and submission requirements for, the application.
The chief executive officer or governing body of a municipality may apply for an area to be designated as a military facility zone or for expansion of an existing military facility zone as follows:
1. a municipality may apply for an area within its boundaries;
2. a borough may apply on behalf of a city located in the borough, for an area within the boundaries of the city only with the prior consent of the city;
3. two or more municipalities may jointly apply for an area within the common boundaries of the municipalities.
The application must contain the information and be submitted in the form and manner required by the adjutant general and must provide
1. a statement that the applicant has examined the feasibility of creating industry, development, and educational or training opportunities for employers and employees of business entities located or to be located in the proposed military facility zone; and
2. approval of the application by ordinance of the governing body of the applicant, except that, for an area in the unorganized borough that is not in a municipality, the approval must be by law.
On receiving an application under this section or an application for expansion under AS 26.30.040 , the adjutant general shall give notice of the application to the following:
1. the legislature;
2. the commissioner of commerce, community, and economic development;
3. the executive director of the Alaska Industrial Development and Export Authority;
4. the executive director of the Alaska Housing Finance Corporation;
5. the public; the notice under this paragraph shall be made by posting on the Alaska Online Public Notice System (AS 44.62.175 ).
The adjutant general shall solicit comments on the application. Notice of the solicitation shall be placed on the Alaska Online Public Notice System (AS 44.62.175 ).

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.020. Criteria for designation as a military facility zone; priority considerations.

The adjutant general may designate an area as a military facility zone only if the area in the state
1. is in close proximity to a facility;
2. directly supports the military application of a facility;
3. is zoned for industrial or economic development, residential use, and workforce training or education beneficial to the facility; and
4. is in an area with inadequate infrastructure to support the continued or expanded operations of the facility.
The adjutant general may give priority consideration to an area for designation as a military facility zone if the area is of strategic importance to the economic development interests of the municipality.
The adjutant general shall consider the following factors before designating an area as a military facility zone:
1. whether the proposed military facility zone designation is consistent with the comprehensive plan of the municipality or local zoning ordinances;
2. whether it is feasible to develop sites within the proposed zone for purposes of industrial or economic development, residential use, and workforce training or education beneficial to the facility;
3. whether the municipality has targeted the area for revitalization in a plan or ordinance;
4. the relationship between the area and a military facility subject to realignment or closure under 10 U.S.C. 2687, as amended, or a successor statute or the effect of the realignment or closure on the area;
5. the availability, cost, and condition of existing business and educational facilities to support the military facility or facility of a civilian agency;
6. the difference between the median annual income of residents of the area and the median annual income of residents of the state and region, and the number of residents who receive public assistance;
7. the number of residents of the area who receive unemployment, and the ability of the municipality to improve social and economic conditions of the area;
8. the need for financing for small businesses that would improve social and economic conditions in the area;
9. any plans or financial commitments of municipalities to improve the area;
10. any plans or financial commitments of private entities to improve the area;
11. the municipality’s participation in economic development activities, including proposals for public or private development;
12. support from community or business organizations in the area;
13. the availability of workforce readiness programs, including workforce recruiting and training support or educational research and curriculum support in the area;
14. the availability or plans for the creation of workforce housing options for residents of the area; and
15. the fiscal effect on the state if the area were to be designated a military facility zone.
In considering the factors under (c) of this section, the Department of Military and Veterans’ Affairs may rely on the information provided by a municipality and may not be held liable for civil damages resulting from a military facility zone designation that is based on inaccurate or incomplete information provided by a municipality.

History. (§ 1 ch 20 SLA 2012; am §§ 1, 2 ch 4 SLA 2017)

Effect of amendments. —

The 2017 amendment, effective April 29, 2017, in (c)(1), added “or local zoning ordinances” at the end; added (d).

Sec. 26.30.030. Designation of military facility zones.

Within 60 days after receiving an application under AS 26.30.010 submitted in compliance with this chapter, after considering comments under AS 26.30.010(e) , the adjutant general may designate a military facility zone. The adjutant general shall specify the location and boundaries of the military facility zone.
The designation of an area as a military facility zone is effective for 20 years, beginning on the date the adjutant general designates the area as a military facility zone.
Unless the area of the municipality exceeds 500 square miles, only two military facility zones may be in effect in a municipality at one time.
The decision of the adjutant general on an application to designate a military facility zone is a final administrative order subject to appeal to the superior court for review in the manner provided under AS 44.62.560 .

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.040. Expansion of a military facility zone.

Within 60 days after receiving an application for expansion of a zone submitted by a municipality in compliance with AS 26.30.010 , the adjutant general may expand the zone, if the applicant demonstrates that the expanded area meets the requirements of AS 26.30.020 .
The adjutant general may grant up to two applications for expansion of a military facility zone in each calendar year for an area that
1. meets the requirements of AS 26.30.020 ; and
2. has strategic importance to the economic development of the municipality.
The limit in AS 26.30.030(c) does not apply to an expansion of a military facility zone that does not exceed 50 percent of the area of the existing zone or to an expansion of a zone under (b) of this section.

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.050. Military facility zone authorities.

If a military facility zone is within the boundaries of only one municipality, the municipality may create a military facility zone authority for the zone.
If a military facility zone includes areas within the boundaries of more than one municipality, the municipalities may, by agreement, create a military facility zone authority for the zone.

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.060. Benefits in military facility zones.

A municipality in which a military facility zone is located or a military facility zone authority for a military facility zone may receive
1. financing for one or more projects in the military facility zone from the Alaska Industrial Development and Export Authority or the Alaska Housing Finance Corporation;
2. funding for one or more projects from any other available source of federal, state, or local public or private funding, credit, or guarantee programs.
A municipality in which a military facility zone is located, a military facility zone authority for a military facility zone, or a business entity located in a zone may receive priority consideration for financial assistance for projects or operations in the zone from the Department of Military and Veterans’ Affairs and from any other appropriate state program, if available under the law establishing the program.

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.070. Regulations.

The adjutant general may adopt regulations under AS 44.62 to carry out the provisions of this chapter, including specifying criteria and procedures for applications, approvals, and the monitoring of eligibility under this chapter.

History. (§ 1 ch 20 SLA 2012)

Sec. 26.30.900. Definitions.

In this chapter, unless the context otherwise requires,

“adjutant general” means the principal executive officer of the Department of Military and Veterans’ Affairs appointed under AS 26.05.160 ;
“area” means a geographic area described by a closed perimeter boundary within one or more municipalities in the state;
“facility” means a facility of
1. an Alaska military or civilian agency serving a subdivision of the Alaska National Guard, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, or the United States Coast Guard, including reserve units of those entities;
2. the National Aeronautics and Space Administration; or
3. a public corporation within the Department of Military and Veterans’ Affairs;
“military facility zone” means an area that
1. meets the requirements of AS 26.30.020 ; and
2. is designated as a military facility zone by the adjutant general under AS 26.30.030 ;
“military facility zone authority” means a public corporation established by one or more municipalities to administer a military facility zone located in the municipalities in the state;
“zone” means a military facility zone.

History. (§ 1 ch 20 SLA 2012)