Published: 2015
Key Benefits:
Sec. 25.35.200. Definition. [Repealed, Sec. 72 ch 64 SLA 1996].
Repealed or Renumbered
Chapter 25.90. GENERAL PROVISIONSSec. 25.90.010. Definitions.
In this title, "domestic violence" and "crime involving domestic violence" have the meanings given in AS 18.66.990 .
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.
Sec. 26.03.020. Appointment of director.
The adjutant general shall appoint a director who is at least an administrative officer three.
Sec. 26.03.030. Authority and duties of the director.
The director shall
(1) take the necessary steps to assure that unemployed guardsmen have the opportunity to acquire employment through the state and federal governments;
(2) keep guardsmen advised of all privileges and benefits available to them from the state and federal governments;
(3) act as a coordinator with the state and federal governments in an effort to increase the availability of education and training programs for guardsmen;
(4) compile a list of guardsmen and their educational and training qualifications and submit it to the federal and state agencies for possible job placement;
(5) prepare a program whereby guardsmen are trained in firefighting and related skills and coordinate this effort with state and federal programs; and
(6) provide counseling service for guardsmen in order to find educational, training, and employment opportunities for them.
Chapter 26.05. MILITARY CODE OF ALASKASec. 26.05.010. Alaska militia established.
(a) 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.
(b) 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.
(c) The adjutant general may, by regulation, prescribe the maximum age for eligibility in the militia.
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.
Sec. 26.05.030. Composition of organized militia.
(a) 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.
(b) Former members of the regular Army, Navy, or Marine Corps under 64 years of age may enlist in the Alaska Militia.
(c) 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.
(d) 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.
(e) [Repealed, Sec. 102 ch 127 SLA 1974].
Sec. 26.05.040. Ratification and confirmation of existing military forces. [Repealed, Sec. 38 ch 30 SLA 1992].
Repealed or Renumbered
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.
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.
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.
Sec. 26.05.075. Leave and reemployment rights of the organized militia.
(a) An employer shall grant to an employee who is a member of the organized militia a leave of absence to perform active state service under AS 26.05.070 .
(b) When an employee is released from a period of active state service under AS 26.05.070 or discharged from hospitalization that arose from active state 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 active state 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 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.
(c) 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.
(d) 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.
(e) 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.
(f) A collective bargaining agreement entered into in the state after September 2, 1990 may not contain provisions contrary to this subsection.
(g) 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.
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.
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.
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.