Alaska Stat. § 26.05.796 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.796
Wrongful refusal to testify.
Status: in_force

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.
Alaska Stat. § 26.15.130 — AK Code / Title 26 / Chapter 26.15 / Section 26.15.130
Eligibility for loans.
Status: in_force

(a) 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 (A) 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

(B) 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 (A) the member or veteran was a resident of the territory or state for one year before induction into the service; and

(B) 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

(C) the member or veteran died before the official date of the termination of that war; and

(D) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.625 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.625
Petition for a new trial.
Status: in_force

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.
Alaska Stat. § 26.23.020 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.020
The governor and disaster emergencies.
Status: in_force

(a) The governor is responsible for meeting the dangers presented by disasters to the state and its people.

(b) The governor may issue orders, proclamations, and regulations necessary to carry out the purposes of this chapter, and amend or rescind them. These orders, proclamations, and regulations have the force of law.

(c) If the governor finds that a disaster has occurred or that a disaster is imminent or threatened, the governor shall, by proclamation, declare a condition of disaster emergency. The disaster emergency remains in effect until the governor finds that the danger has passed or the disaster has been dealt with so that the emergency no longer exists. The governor may terminate the disaster emergency by proclamation. A proclamation of disaster emergency may not remain in effect longer than 30 days unless extended by the legislature by a concurrent resolution. The proclamation must indicate the nature of the disaster, the area threatened or affected, and the conditions that have brought it about or that make possible the termination of the disaster emergency. A proclamation to declare a condition of disaster emergency must also state whether the governor proposes to expend state funds to respond to the disaster under (i) or (j) of this section.

(d) An order or proclamation issued under AS 26.23.010  26.23.220 shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless prevented or impeded by circumstances attendant upon the disaster, promptly filed with the Alaska division of homeland security and emergency management, the lieutenant governor, and the municipal clerk in the area to which it applies.

(e) A proclamation of a disaster emergency activates the disaster response and recovery aspects of the state, local, and interjurisdictional disaster emergency plans applicable to the political subdivisions or areas in question, and constitutes authority for the deployment and use of any force to which the plan or plans apply and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available under AS 26.23.010  26.23.220 or any other provision of law relating to disaster emergency response.

(f) During the effective period of a disaster emergency, the governor is commander in chief of the organized and unorganized militia and of all other forces available for emergency duty. The governor may delegate or assign command authority by appropriate orders or regulations.

(g) In addition to any other powers conferred upon the governor by law, the governor may, under AS 26.23.010  26.23.220, (1) suspend the provisions of any regulatory statute prescribing procedures for the conduct of state business, or the orders or regulations of any 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 disaster emergency;

(2) use all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;

(3) transfer personnel or alter the functions of state departments and agencies or units of them for the purpose of performing or facilitating the performance of disaster emergency services;

(4) subject to any applicable requirements for compensation under AS 26.23.160 , commandeer or utilize any private property, except for all news media other than as specifically provided for in AS 26.23.010  26.23.220, if the governor considers this necessary to cope with the disaster emergency;

(5) direct and compel the relocation of all or part of the population from any stricken or threatened area in the state if the governor considers relocation necessary for the preservation of life or for other disaster mitigation purpose;

(6) prescribe routes, modes of transportation, and destinations in connection with necessary relocation;

(7) control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in it;

(8) suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles;

(9) make provisions for the availability and use of temporary emergency housing;

(10) allocate or redistribute food, water, fuel, clothing, medicine, or supplies; and

(11) use money from the oil and hazardous substance release response account in the oil and hazardous substance release prevention and response fund, established by AS 46.08.010 , to respond to a declared disaster emergency related to an oil or hazardous substance discharge.

(h) The governor may expend during a fiscal year not more than $500,000 of state funds per incident to prevent, minimize, or respond to the effects of an incident that may occur or occurs in the state and that, in the determination of the governor, poses a direct and imminent threat of sufficient magnitude and severity to justify state action. Before expending funds under this subsection to respond to an incident, the governor shall provide a financing plan to cope with the incident to the legislature in the same manner prescribed for disaster emergencies under AS 26.23.025 (a).

(i) If the governor declares a condition of disaster emergency, the governor may expend during a fiscal year not more than $1,000,000 of state funds per disaster declaration, including the assets of the disaster relief fund, to (1) save lives, protect property and public health and safety, or lessen or avert the threat of the disaster that poses a direct and imminent threat of sufficient severity and magnitude to justify state action;

(2) implement provisions of law relating to disaster relief to cope with the disaster;

(3) alleviate the effects of the disaster by making grants or loans to persons or political subdivisions on terms the governor considers appropriate or by other means the governor considers appropriate.

(j) If the disaster described in the governor's proclamation to declare a condition of disaster emergency is a fire, the governor may expend state funds as necessary to save lives or protect property and public health and safety.

(k) The governor may expend more than $500,000 of state funds to cope with an incident under (h) of this section or more than $1,000,000 of state funds to cope with a disaster under (i) of this section under the following circumstances: (1) if the legislature is in session, the legislature approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; or

(2) if the legislature is not in session, either (A) the governor convenes a special session of the legislature within five days after declaring the condition of disaster emergency or within five days after providing a financing plan to cope with an incident to the legislature and the legislature convenes in special session and approves a financing plan to cope with the incident or disaster that identifies the amount in excess of the expenditure limits that is to be expended from state funds; or

(B) the presiding officers of both the house of representatives and the senate agree that a special session should not be convened and so advise the governor in writing.
Alaska Stat. § 26.27.290 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.290
Reserve fund.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.
Alaska Stat. § 26.05.790 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.790
Unlawful detention.
Status: in_force

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.
Alaska Stat. § 26.10.085 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.085
Persons providing veterans' benefits services; disclosure.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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 (A) served in the (i) armed forces of the United States, including a reserve unit of the United States armed forces; or

(ii) Alaska Territorial Guard, the Alaska Army National Guard, the Alaska Air National Guard, or the Alaska Naval Militia; and

(B) 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.
Alaska Stat. § 26.05.296 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.296
Tuition assistance.
Status: reserved

(a) 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.

(b) [Repealed, § 5 ch 25 SLA 1997.]
Alaska Stat. § 26.05.720 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.720
Fraudulent enlistment, appointment, or separation.
Status: in_force

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.
Alaska Stat. § 26.05.660 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.660
Delegation by the governor.
Status: in_force

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.
Alaska Stat. § 26.05.880 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.880
Riot or breach of peace.
Status: in_force

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.
Alaska Stat. § 26.05.775 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.775
Mutiny or sedition.
Status: in_force

(a) A member of the militia is guilty of mutiny if the member, with intent to usurp or override lawful military authority, refuses, in concert with another person, to obey orders or otherwise do the member's duty or creates violence or a disturbance.

(b) A member of the militia is guilty of sedition if the member, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with another person, revolt, violence, or other disturbance against the authority.

(c) A member of the militia is guilty of a failure to suppress or report a mutiny or sedition if the member fails to do the member's utmost to prevent and suppress a mutiny or sedition being committed in the member's presence or fails to take all reasonable means to inform the member's superior commissioned officer or commanding officer of a mutiny or sedition that the member knows or has reason to believe is taking place.

(d) A member who is found guilty of mutiny, sedition, or failure to suppress or report a mutiny or sedition under this section 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.
Alaska Stat. § 26.15.040 — AK Code / Title 26 / Chapter 26.15 / Section 26.15.040
Veterans' loans.
Status: reserved

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
Alaska Stat. § 26.23.071 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.071
Alaska State Emergency Response Commission.
Status: in_force

(a) The Alaska State Emergency Response Commission is established in the Department of Military and Veterans' Affairs.

(b) The commission consists of the commissioners of commerce, community, and economic development, environmental conservation, fish and game, health, labor and workforce development, natural resources, public safety, and transportation and public facilities, or the designees of the commissioners, the adjutant general of the Department of Military and Veterans' Affairs or a designee, and seven members of the public appointed by the governor, two of whom must be members of a local emergency planning committee for an emergency planning district that is predominantly rural in character and two of whom must be members of a local emergency planning committee for an emergency planning district that is predominantly urban in character. Two of the other three members of the public who are appointed to the commission must be members of the governing body of, or the mayor of, a political subdivision that has a local emergency planning committee or a person who, in the opinion of the governor, is otherwise appropriate to represent the political subdivision. The United States Department of Defense  Alaska Command, the Federal Emergency Management Agency, the United States Environmental Protection Agency, and the United States Coast Guard may each appoint a representative to serve on the commission in an ex-officio, nonvoting capacity. To the extent practicable, the commission must include members with expertise in the emergency response field.

(c) The adjutant general of the Department of Military and Veterans' Affairs, or the adjutant general's designee, and the commissioner of environmental conservation, or the commissioner's designee, shall co-chair the commission. The Department of Military and Veterans' Affairs shall provide staff support to the commission.

(d) Members of the commission other than those from the designated state departments serve at the pleasure of the governor for staggered terms of three years. Members of the commission serve without compensation but are entitled to per diem and travel expenses authorized for members of boards and commissions under AS 39.20.180 .

(e) The commission shall (1) serve as the state emergency response commission required under 42 U.S.C. 11001  11005;

(2) facilitate the preparation and implementation of all emergency plans prepared by state agencies under other authorities; the statewide, interjurisdictional, and local plans prepared under this chapter, including the Alaska intrastate mutual aid system; and the state and regional plans prepared under AS 46.04.200  46.04.210;

(3) review the plans described in (2) of this subsection according to the criteria established in AS 26.23.077 ;

(4) designate, and revise as necessary, the boundaries of emergency planning districts under AS 26.23.073 ;

(5) establish a local emergency planning committee under AS 26.23.073 (d) for each emergency planning district;

(6) supervise and coordinate the activities of local emergency planning committees;

(7) 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; procedures established under this paragraph shall designate the Department of Environmental Conservation as the state agency to receive and process these requests on behalf of the commission;

(8) review reports about responses to disaster emergencies and make recommendations to the appropriate parties involved in the response concerning improved prevention and preparedness;

(9) perform other coordinating, advisory, or planning tasks related to emergency planning and preparedness for all types of hazards, community right-to-know reporting, toxic chemical release reporting, or management of hazardous substances;

(10) recommend procedures to integrate, as appropriate, hazardous substance response planning under 42 U.S.C. 11001  11005, federal contingency planning under 33 U.S.C. 1321 and other federal laws applicable to hazardous substance discharges, and state, regional, and local planning under this chapter and AS 46.04.200  46.04.210;

(11) to the extent consistent with the constitution and law of the state, perform all other functions prescribed for state emergency response commissions under 42 U.S.C. 11001  11005; and

(12) adopt regulations necessary to carry out the purposes of AS 26.23.071  26.23.077, 26.23.500  26.23.549, and 42 U.S.C. 11001  11005.
Alaska Stat. § 26.05.410 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.410
Delivery of offenders to a civil authority.
Status: in_force

(a) A person accused of a criminal offense against a civil authority may be delivered, upon request, to a civil authority for trial or confinement.

(b) 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.

(c) 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.
Alaska Stat. § 26.27.200 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.200
Independent financial advisor.
Status: in_force

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.
Alaska Stat. § 26.27.190 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.190
Bonds exempt from taxes.
Status: in_force

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.
Alaska Stat. § 26.20.025 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.025
Creation and duties of the Alaska division of homeland security and emergency management.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) The division has the additional powers and duties set out in AS 26.23.040 .
Alaska Stat. § 26.05.030 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.030
Composition of organized militia.
Status: reserved

(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, § 102 ch 127 SLA 1974.]
Alaska Stat. § 26.05.440 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.440
Grand jury requirement.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.650 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.650
Appellate and civilian counsel.
Status: in_force

(a) 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.

(b) 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 .

(c) 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).

(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.

(e) An accused may choose to be represented by civilian counsel at the expense of the accused.
Alaska Stat. § 26.23.220 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.220
Administration.
Status: in_force

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.
Alaska Stat. § 26.23.136 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.136
Compact terms.
Status: in_force

The terms and provisions of the compact referred to in AS 26.23.135 are as follows:
Alaska Stat. § 26.27.120 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.120
Exercise by corporation of powers within municipalities.
Status: in_force

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.
Alaska Stat. § 26.05.725 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.725
Unlawful enlistment, appointment, or separation.
Status: in_force

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.
Alaska Stat. § 26.05.565 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.565
Lack of mental capacity or mental responsibility; commitment of accused for examination and treatment.
Status: in_force

(a) An accused who, as a result of a mental disease or defect that renders the accused incompetent to the extent that the accused is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case, may not be tried, convicted, or sentenced for an offense under this chapter as long as the incompetency exists.

(b) If trial counsel or defense counsel has reason to believe that the accused is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case, counsel may file a motion with the military judge assigned to the case for a determination of the competency of the accused. Upon the motion, or on the judge's own motion, the court shall order an examination to be conducted and make a determination in accordance with the requirements of AS 12.47.100 . If the military judge determines that the accused must be committed for the purpose of examination, and the accused is not otherwise subject to commitment under AS 47.30.700 - 47.30.915, the military judge shall order the convening authority to seek the assistance of the attorney general in seeking a commitment under AS 12.47.100 .

(c) If the military court determines that the accused is incompetent to stand trial and the accused is not otherwise subject to commitment under AS 47.30.700 - 47.30.915, the military judge shall order the convening authority to seek the assistance of the attorney general in seeking a commitment under AS 12.47.110 .

(d) If, at the end of a period of commitment under (b) and (c) of this section, it is determined that the accused's mental condition has not improved so as to permit the trial to proceed, the charges shall be dismissed without prejudice, and continued commitment proceedings shall be governed by the provisions relating to civil commitment under AS 47.30.700 - 47.30.915. If the accused remains incompetent for five years after the charges have been dismissed under this subsection, the accused may not be charged again for an offense under this chapter arising out of the facts alleged in the original charges.

(e) When the custodian of an accused person hospitalized under (c) of this section determines that the person has recovered to the extent that the accused is able to understand the nature of the proceedings against the accused and to conduct or cooperate intelligently in the defense of the case, the custodian shall promptly transmit a notification of the determination to the general court-martial convening authority for the accused and trial and defense counsel.

(f) Upon receipt of the notice, the convening authority shall promptly take custody of the accused unless the accused is no longer a member of the militia.

(g) If the accused remains a member of the militia, the military judge detailed to the case shall conduct the hearing required under AS 12.47.120 . If the judge finds the accused competent, the court-martial shall be assembled.

(h) The custodian of the accused person may retain custody of the person for not more than 30 days after transmitting the notifications required under (e) of this section.

(i) If, during a period of commitment under this section, the accused is no longer a member of the militia, the convening authority shall promptly notify the custodian and the attorney general; the custodian and the attorney general may take further action that is legally permissible.
Alaska Stat. § 26.27.100 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.100
Powers and duties of the corporation.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.375 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.375
Jurisdiction to try certain personnel.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.860 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.860
Drunkenness and other incapacitating offenses.
Status: in_force

(a) 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.

(b) 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
Alaska Stat. § 26.23.077 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.077
Plan review; incident command systems.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.250 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.250
Discharges.
Status: in_force

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.
Alaska Stat. § 26.05.160 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.160
Appointment, qualifications, and duties of adjutant general.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
Alaska Stat. § 26.05.695 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.695
Accessory after the fact.
Status: in_force

A member of the militia who, knowing that an offense under this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment 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.
Alaska Stat. § 26.05.833 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.833
Offenses against correctional custody and restriction.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.229 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.229
Definitions.
Status: in_force

In AS 26.05.222  26.05.228, (1) 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;

(2) member means a commissioned or warrant officer or an enlisted person in the Alaska National Guard or Alaska Naval Militia;

(3) qualified domestic relations order means a divorce or dissolution judgment under AS 25.24 , including an order approving a property settlement, that (A) 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;

(B) sets out the name and last known mailing address, if any, of the member and of each alternate payee covered by the order;

(C) 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;

(D) sets out the number of payments or period to which the order applies;

(E) does not require any type or form of benefit or any option not otherwise provided by AS 26.05.222  26.05.228;

(F) 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

(G) 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;

(4) system means the Alaska National Guard and Alaska Naval Militia retirement system.
Alaska Stat. § 26.05.540 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.540
Former jeopardy.
Status: in_force

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.
Alaska Stat. § 26.23.070 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.070
Establishment of interjurisdictional disaster planning and service areas.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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 .
Alaska Stat. § 26.05.500 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.500
Investigation; preliminary hearing.
Status: in_force

(a) 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.

(b) 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).

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.
Alaska Stat. § 26.05.575 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.575
Number of votes required.
Status: in_force

(a) A person may not be convicted of an offense under this chapter that is tried by a court-martial unless by the unanimous verdict of the members of the court present at the time the vote is taken.

(b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on any other question is a determination in favor of the accused.
Alaska Stat. § 26.05.240 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.240
Enlisted persons.
Status: in_force

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.
Alaska Stat. § 26.05.570 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.570
Voting and rulings.
Status: in_force

(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the ballot to the members of the court on the record, in an open court, and in the presence of all parties to the trial.

(b) The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military judge on a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial before a vote is taken on the findings. Unless the ruling is final, if a member objects to a ruling, the court shall be cleared and closed, and the question shall be decided by a voice vote as provided in AS 26.05.575 , beginning with the junior in rank.

(c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense under this chapter and charge them that (1) the accused is presumed to be innocent until the guilt of the accused is established by legal and competent evidence beyond a reasonable doubt;

(2) if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and the accused must be acquitted;

(3) if there is a reasonable doubt as to the degree of guilt, a finding of guilt must be in a lower degree as to which there is no reasonable doubt; and

(4) the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state.

(d) A military judge sitting without court members shall (1) determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence;

(2) make a general finding and shall, in addition, on request, find the facts specially.

(e) If a military judge sitting without court members files an opinion or memorandum of decision, the opinion or memorandum of decision is sufficient if the findings of fact appear in the opinion or memorandum of decision.
Alaska Stat. § 26.10.030 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.030
Acceptance of gifts, donations, and grants.
Status: in_force

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.
Alaska Stat. § 26.05.235 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.235
Active duty training sites.
Status: in_force

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.
Alaska Stat. § 26.05.490 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.490
Charges and specifications.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.495 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.495
Compulsory self-incrimination prohibited.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
Alaska Stat. § 26.05.290 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.290
Further equipment and armories.
Status: in_force

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.
Alaska Stat. § 26.05.222 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.222
Creation and administration of Alaska National Guard and Alaska Naval Militia retirement system.
Status: in_force

(a) 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.

(b) 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).
Alaska Stat. § 26.10.090 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.090
Alaska Territorial Guard veterans included.
Status: in_force

In this chapter, except where otherwise indicated, veteran includes a person who served in the Alaska Territorial Guard.
Alaska Stat. § 26.05.893 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.893
Prohibited sexual activities with military recruit or trainee by person in position of special trust.
Status: in_force

(a) 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.

(b) 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.

(c) Consent is not a defense in a prosecution under this section.

(d) 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 .
Alaska Stat. § 26.23.180 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.180
Mutual aid.
Status: in_force

(a) 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.

(b) In concurring with local disaster plans, the governor shall consider whether they contain adequate provisions for the rendering and receipt of mutual aid.

(c) 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.
Alaska Stat. § 26.05.793 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.793
Wrongful interference with adverse administrative proceeding.
Status: in_force

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.
Alaska Stat. § 26.05.505 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.505
Forwarding of charges.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.23.073 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.073
Emergency planning districts and committees.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) A person may request the commission to change the membership of a local emergency planning committee.

(g) 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.

(h) 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.
Alaska Stat. § 26.05.520 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.520
Unlawfully influencing the action of a court.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) In this section, unauthorized means contrary to a statute or regulation of the United States or the state.
Alaska Stat. § 26.23.080 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.080
Federal disaster loans to political subdivisions.
Status: in_force

Whenever, at the request of the governor, the President has declared a major disaster to exist in this state, the governor may (1) 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;

(2) 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;

(3) 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.
Alaska Stat. § 26.20.195 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.195
Federal regulation of homeland security.
Status: in_force

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.
Alaska Stat. § 26.05.885 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.885
Provoking speeches or gestures.
Status: in_force

(a) 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.

(b) A court-martial may not impose a sentence of confinement or a discharge under this section.
Alaska Stat. § 26.20.010 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.010
Policy and purpose.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.23.500 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.500
Alaska intrastate mutual aid system established.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
Alaska Stat. § 26.20.150 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.150
Authority to accept services, gifts, grants, and loans.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.090 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.090
Proclamations of martial law.
Status: in_force

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.
Alaska Stat. § 26.05.075 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.075
Leave and reemployment rights of the organized militia.
Status: in_force

(a) 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.

(b) 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.

(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.

(h) 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.

(i) In this section, state has the meaning given in AS 01.10.060 .
Alaska Stat. § 26.05.835 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.835
False official statements or oaths.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.10.070 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.070
Record of veterans of the armed forces of the United States.
Status: reserved

(a) 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.

(b) [Repealed, § 2 ch 25 SLA 2001.]
Alaska Stat. § 26.05.815 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.815
Forcing a safeguard.
Status: in_force

A member of the militia who forces a safeguard 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.
Alaska Stat. § 26.05.224 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.224
Retirement benefits.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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 (A) under a qualified domestic relations order; or

(B) 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.

(h) 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).
Alaska Stat. § 26.23.040 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.040
Homeland security duties of the Alaska division of homeland security and emergency management.
Status: in_force

(a) The Alaska division of homeland security and emergency management shall prepare and maintain a state emergency plan and keep it current. The plan may include provisions for (1) prevention and minimization of injury and damage caused by disasters;

(2) prompt and effective response to disasters;

(3) emergency relief;

(4) identification of geographical areas, municipalities, cities or villages especially vulnerable to a disaster;

(5) recommendations for (A) zoning, building, and other land use controls;

(B) safety measures for securing mobile homes or other nonpermanent or semi-permanent structures; and

(C) other preventive and preparedness measures designed to eliminate or reduce disasters or their impact;

(6) assistance to local officials in designing local emergency action plans;

(7) authorization and procedures for the construction of temporary works designed to protect against or mitigate danger, damage, or loss from a disaster;

(8) organization of manpower and chains of command;

(9) coordination of federal, state, and local disaster activities;

(10) coordination of the state emergency plan with the disaster plans of the federal government; and

(11) other matters necessary to carry out the purposes of this chapter.

(b) The Alaska division of homeland security and emergency management shall play an integral part in the development and revision of local and interjurisdictional disaster plans prepared under AS 26.23.060 and 26.23.500  26.23.549. To this end, it may employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their disaster agencies, and representatives of interjurisdictional disaster planning and service areas. These personnel shall consult with political subdivisions and agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply and may suggest or require revisions.

(c) In preparing and maintaining the state emergency plan, the Alaska division of homeland security and emergency management shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations and community leaders. In advising local and interjurisdictional disaster planners, the office shall encourage them also to seek advice from these sources.

(d) The state emergency plan or any part of it may be incorporated in regulations or orders of the Alaska division of homeland security and emergency management. Regulations and orders of the Alaska division of homeland security and emergency management have the force and effect of law.

(e) The Alaska division of homeland security and emergency management shall (1) determine requirements of the state and its political subdivisions for food, clothing, and other necessities in the event of a disaster emergency;

(2) procure and pre-position supplies, medicines, materials, and equipment;

(3) adopt standards and requirements for local and interjurisdictional disaster plans;

(4) periodically review local and interjurisdictional disaster plans;

(5) establish and operate, or assist political subdivisions, their disaster agencies, and representatives of interjurisdictional disaster planning and service areas to establish and operate, training programs;

(6) plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon by the parties;

(7) establish a register of persons with types of training and skills important in disaster prevention, preparedness, response, and recovery;

(8) prepare, for issuance by the governor, orders, proclamations, and regulations as necessary or appropriate in coping with disasters;

(9) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparedness, response, and recovery;

(10) develop and carry out procedures and policies to effectively employ disaster relief funds made available by the governor's authority or by special legislative action; these procedures shall include application and documentation by disaster victims or applicants, review, verification and funding approval, and processing of appeals;

(11) do other things necessary or proper for the implementation of this chapter;

(12) coordinate the operation of the Alaska intrastate mutual aid system among participating political subdivisions of the state and develop, in coordination with the political subdivisions and appropriate state and federal agencies, comprehensive guidelines and procedures for the Alaska intrastate mutual aid system, including record keeping and reimbursement procedures and forms for use by political subdivisions requesting and providing assistance;

(13) to the extent that money is available from an appropriation for the purposes of this paragraph, (A) award grants for the purpose of forming local emergency planning committees under AS 26.23.073 ;

(B) in order to comply with 49 U.S.C. 5116(a)(2)(B), make funds available to local emergency planning committees for developing and maintaining emergency plans under AS 26.23.073 and 26.23.075;

(C) make funds available to local emergency planning committees to implement 42 U.S.C. 11022(e) and 42 U.S.C. 11044; and

(D) award grants for training local emergency planning committees and for training and equipping the emergency response organizations identified in the local plans that execute the plans developed by the committees under AS 26.23.073 and 26.23.075.

(f) To the extent that the 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 .

(g) The Alaska division of homeland security and emergency management has the additional powers and duties set out in AS 26.20.025 .
Alaska Stat. § 26.05.485 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.485
Absent and additional members.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
Alaska Stat. § 26.03.020 — AK Code / Title 26 / Chapter 26.03 / Section 26.03.020
Appointment of director.
Status: in_force

The adjutant general shall appoint a director who is at least an administrative officer three.
Alaska Stat. § 26.05.655 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.655
Authority to administer oaths and act as notary public.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.585 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.585
Cruel and unusual punishments prohibited.
Status: in_force

A court-martial may not impose on a member of the militia punishment by flogging, branding, marking, or tattooing on the body, or another cruel or unusual punishment. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Alaska Stat. § 26.05.855 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.855
Drunken, impaired, or reckless operation of a vehicle, aircraft, or vessel.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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 (A) 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

(B) 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.

(e) 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.

(f) 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.
Alaska Stat. § 26.27.240 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.240
Exemption of real property of corporation from execution or other process.
Status: in_force

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.
Alaska Stat. § 26.05.765 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.765
Failure to obey order or regulation.
Status: in_force

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.
Alaska Stat. § 26.05.850 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.850
Improper hazarding of vehicle, aircraft, or vessel.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.27.140 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.140
Approval of projects by legislature.
Status: in_force

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.
Alaska Stat. § 26.05.935 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.935
General article.
Status: in_force

(a) 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.

(b) 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.

(c) A court-martial may not impose a sentence of confinement under (a) or (b) of this section.

(d) 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 .
Alaska Stat. § 26.05.740 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.740
Missing movement; jumping from vessel.
Status: in_force

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.
Alaska Stat. § 26.23.100 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.100
Temporary housing.
Status: in_force

(a) 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 (A) advancing or lending funds available to the governor from an appropriation made by the legislature or from any other source;

(B) passing through funds made available by any agency, public or private; or

(C) 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.

(b) 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.
Alaska Stat. § 26.05.405 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.405
Place of confinement; reports and receiving of prisoners.
Status: in_force

(a) A person confined as a prisoner under the code of military justice shall be confined in a civilian or military confinement facility.

(b) 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.

(c) 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.
Alaska Stat. § 26.23.090 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.090
Grants to disaster victims.
Status: reserved

(a) 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.

(b) 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.

(c) [Repealed, § 18 ch 178 SLA 1990.] (d) An individual or family that is a unit owner may use a grant made to the unit owner under (b)(2) of this section to meet the unit's common expense liability that is associated with the disaster. In this subsection, common expense liability, unit, and unit owner have the meanings given in AS 34.08.990 .
Alaska Stat. § 26.03.010 — AK Code / Title 26 / Chapter 26.03 / Section 26.03.010
Recruitment and retention division.
Status: in_force

There is created within the Department of Military and Veterans' Affairs a division of recruitment and retention.
Alaska Stat. § 26.05.280 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.280
Transportation, subsistence, and supplies.
Status: in_force

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).
Alaska Stat. § 26.27.070 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.070
Space activities location.
Status: in_force

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.
Alaska Stat. § 26.23.400 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.400
Fuel emergency fund.
Status: in_force

Article 3. Alaska Intrastate Mutual Aid System.
Alaska Stat. § 26.05.770 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.770
Cruelty and maltreatment.
Status: in_force

A member of the militia who is guilty of cruelty toward, or oppression or maltreatment of, another person subject to the member's orders 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.
Alaska Stat. § 26.23.510 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.510
Requests for assistance from another political subdivision.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.
Alaska Stat. § 26.05.760 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.760
Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Status: in_force

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.
Alaska Stat. § 26.05.270 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.270
Payment of military claims.
Status: in_force

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.
Alaska Stat. § 26.05.768 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.768
Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button.
Status: in_force

A member of the militia who wears on the member's uniform or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that the member is not authorized to wear 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.
Alaska Stat. § 26.05.700 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.700
Conviction of lesser included offense.
Status: in_force

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.
Alaska Stat. § 26.05.890 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.890
Sexual assault.
Status: in_force

(a) 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 (A) threatening or placing another person in fear;

(B) causing bodily harm to another person;

(C) making a fraudulent representation that the sexual act serves a professional purpose;

(D) 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 (A) impairment by a drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person;

(B) a mental disease or defect or physical disability, and that condition is known or reasonably should be known by the person.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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 .

(h) 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 (A) contact between the penis and the vulva, anus, or mouth; in this subparagraph, contact involving the penis occurs upon penetration, however slight;

(B) 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 (A) 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;

(B) 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.
Alaska Stat. § 26.15.085 — AK Code / Title 26 / Chapter 26.15 / Section 26.15.085
Disposal of property acquired by default or foreclosure.
Status: in_force

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.
Alaska Stat. § 26.23.540 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.540
Tort liability of participating political subdivisions and emergency responders.
Status: in_force

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.
Alaska Stat. § 26.27.040 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.040
Meetings; staff.
Status: in_force

(a) 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.

(b) 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 .

(c) The corporation may hire legal counsel to represent the corporation.

(d) 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.
Alaska Stat. § 26.05.420 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.420
Jurisdiction of courts-martial in general.
Status: in_force

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.
Alaska Stat. § 26.05.525 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.525
Continuances.
Status: in_force

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.
Alaska Stat. § 26.05.200 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.200
Officers' qualifications, appointment, and tenure.
Status: in_force

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.
Alaska Stat. § 26.05.600 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.600
Execution of confinement.
Status: in_force

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.
Alaska Stat. § 26.05.670 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.670
Payment, collection, and deposit of fines.
Status: in_force

(a) 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.

(b) 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 .

(c) 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 .
Alaska Stat. § 26.20.200 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.200
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) 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;

(2) 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;

(3) department means the Department of Military and Veterans' Affairs;

(4) 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;

(5) political subdivision means (A) a municipality; or

(B) another unit of local government;

(6) private agency means a for-profit or nonprofit corporation, unincorporated village, association, or other group or entity operating in the state.
Alaska Stat. § 26.05.715 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.715
Solicitation.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.180 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.180
Headquarters staff of Alaska National Guard.
Status: in_force

(a) 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. The adjutant general may, when appointing an assistant adjutant general, give preference to a person who has served at least five years in the Alaska Army National Guard or the Alaska Air National Guard. 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.

(b) The adjutant general may appoint necessary officers, enlisted persons, and civilian employees to the headquarters staff.
Alaska Stat. § 26.05.445 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.445
Venue for grand jury and court-martial.
Status: in_force

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.
Alaska Stat. § 26.05.905 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.905
Larceny and wrongful appropriation.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.360 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.360
Regulations; adopting military justice procedures and nonjudicial punishment.
Status: in_force

(a) The adjutant general shall adopt regulations consistent with this chapter for members of the militia. The regulations must be approved by the governor.

(b) 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.

(c) The regulations adopted under this section are exempt from AS 44.62 (Administrative Procedure Act).

(d) The legislature may annul regulations adopted under this section by law.
Alaska Stat. § 26.10.050 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.050
Approval of payments.
Status: in_force

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.
Alaska Stat. § 26.05.400 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.400
Restraint of persons charged with offenses.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.20.145 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.145
Immunity of owners of public shelters.
Status: in_force

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.
Alaska Stat. § 26.23.190 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.190
Emergency powers.
Status: reserved

(a) 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.

(b) [Repealed, § 28 ch 32 SLA 1994.]
Alaska Stat. § 26.05.780 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.780
Resistance, flight, breach of arrest, and escape.
Status: in_force

A member of the militia who (1) resists apprehension, (2) flees from apprehension, (3) breaks arrest, or (4) escapes from custody or confinement 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.
Alaska Stat. § 26.15.160 — AK Code / Title 26 / Chapter 26.15 / Section 26.15.160
Extension of chapter to members of the Alaska Territorial Guard and to veterans of the armed forces of the United States.
Status: in_force

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: (1) persons are eligible (A) 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

(B) 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

(C) 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;

(2) 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;

(3) 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;

(4) 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.
Alaska Stat. § 26.05.150 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.150
Not liable for exercise of judgment.
Status: in_force

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.
Alaska Stat. § 26.27.020 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.020
Board of directors.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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 .
Alaska Stat. § 26.27.280 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.280
Public loans or donations to or cooperation with corporation.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.15.010 — AK Code / Title 26 / Chapter 26.15 / Section 26.15.010
Powers and duties of Department of Commerce, Community, and Economic Development with respect to veterans' loans.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) Under regulations of the department, the department may enter into contracts with insurance companies for mortgage insurance coverage on veteran loans.
Alaska Stat. § 26.27.230 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.230
Power of corporation to confer upon obligee right to bring action or proceeding.
Status: in_force

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 (1) 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;

(2) 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;

(3) to require the corporation and its members to account as if they were the trustees of an express trust.
Alaska Stat. § 26.27.270 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.270
Disposal of surplus property.
Status: in_force

(a) 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.

(b) 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.
Alaska Stat. § 26.05.665 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.665
Military justice account.
Status: in_force

(a) 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.

(b) The account consists of money appropriated to it by the legislature and interest received on money in the account.

(c) The department may use money appropriated to the account to pay for expenses related to the duties described in (a) of this section.

(d) Money appropriated to the account does not lapse.

(e) Nothing in this section creates a dedicated fund.

(f) In this section, account means the military justice account established under (a) of this section.
Alaska Stat. § 26.05.730 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.730
Desertion.
Status: in_force

(a) 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, (A) 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

(B) enters a foreign armed service except when authorized by the United States.

(b) 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.

(c) 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.
Alaska Stat. § 26.23.140 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.140
Local disaster emergencies.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.05.865 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.865
Misbehavior of sentinel.
Status: in_force

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.
Alaska Stat. § 26.20.140 — AK Code / Title 26 / Chapter 26.20 / Section 26.20.140
Immunity of government, employees, and authorized volunteers or other persons.
Status: in_force

(a) 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.

(b) 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.

(c) 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.

(d) 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.
Alaska Stat. § 26.05.430 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.430
Jurisdiction of a special court-martial.
Status: in_force

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.
Alaska Stat. § 26.05.875 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.875
Malingering.
Status: in_force

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.
Alaska Stat. § 26.23.900 — AK Code / Title 26 / Chapter 26.23 / Section 26.23.900
Definitions.
Status: reserved

In this chapter, (1) commission means the Alaska State Emergency Response Commission;

(2) 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 (A) 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;

(B) the release of oil or a hazardous substance if the release requires prompt action to avert environmental danger or mitigate environmental damage;

(C) equipment failure if the failure is not a predictably frequent or recurring event or preventable by adequate equipment maintenance or operation;

(D) 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 ;

(E) an outbreak of disease or a credible threat of an imminent outbreak of disease that the commissioner of health or a designee of the commissioner of health 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

(F) 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, (i) 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;

(ii) 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;

(3) 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;

(4) [Repealed, § 22 ch 179 SLA 2004.] (5) hazardous substance has the meaning given in AS 46.03.826 ;

(6) major disaster has the meaning given in 42 U.S.C. 5122;

(7) political subdivision means (A) a municipality;

(B) an unincorporated village; or

(C) another unit of local government;

(8) temporary housing has the meaning given in the federal Disaster Relief Act as amended;

(9) unorganized militia means all persons comprising that component of the militia of the state, as described in AS 26.05.010 .
Alaska Stat. § 26.05.735 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.735
Absence without leave.
Status: in_force

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.
Alaska Stat. § 26.05.630 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.630
Restoration.
Status: in_force

(a) 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.

(b) 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.

(c) 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.
Alaska Stat. § 26.10.040 — AK Code / Title 26 / Chapter 26.10 / Section 26.10.040
Training in rehabilitation and service work.
Status: in_force

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.
Alaska Stat. § 26.30.040 — AK Code / Title 26 / Chapter 26.30 / Section 26.30.040
Expansion of a military facility zone.
Status: in_force

(a) 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 .

(b) 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.

(c) 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.
Alaska Stat. § 26.05.710 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.710
Conspiracy.
Status: in_force

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.
Alaska Stat. § 26.05.925 — AK Code / Title 26 / Chapter 26.05 / Section 26.05.925
Fraud against the government.
Status: in_force

(a) A member of the militia is guilty of fraud against the government if the member, (1) knowing it to be false or fraudulent, (A) makes a claim against the United States, the state, or an officer of the United States or the state; or

(B) presents to a person in the civil or military service of the United States, the state, or an officer of the United States or the state, for approval or payment, a claim against the United States, the state, or an officer of the United States or the state;

(2) for the purpose of obtaining the approval, allowance, or payment of a claim against the United States, the state, or an officer of the United States or the state, (A) makes or uses a writing or other paper knowing it to contain a false or fraudulent statement;

(B) makes an oath, affirmation or certification to a fact, writing, or other paper knowing the oath, affirmation, or certification to be false; or

(C) forges or counterfeits a signature on a writing or other paper or uses the signature, knowing it to be forged or counterfeited;

(3) having charge, possession, custody, or control of money or other property of the United States or the state, that is furnished or intended for the armed forces of the United States or the militia of the state, knowingly delivers to a person having authority to receive it, any amount of the money or other property less than that for which the member receives a certificate or receipt; or

(4) being authorized to make or deliver any paper certifying the receipt of property of the United States or the state, that is furnished or intended for the armed forces of the United States or the militia of the state, makes or delivers to a person the writing without having full knowledge of the truth of the statements contained in the writing and with intent to defraud the United States or the state.

(b) A person found guilty of fraud against the government 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.
Alaska Stat. § 26.27.080 — AK Code / Title 26 / Chapter 26.27 / Section 26.27.080
Licenses and permits.
Status: in_force

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.