Enrolled HB 326: Authorizing the governor to order the organized militia into active state service to fight wildland fire, authorizing the governor to delegate to the adjutant general the authority to order the organized militia into active state service to fight wildland fire, and authorizing the payment of Alaska National Guard called into active state service to fight wildland fire at rates of pay established for certain emergency fire-fighting personnel; and providing for an effective date.
00Enrolled HB 326 01 Authorizing the governor to order the organized militia into active state service to fight 02 wildland fire, authorizing the governor to delegate to the adjutant general the authority to 03 order the organized militia into active state service to fight wildland fire, and authorizing the 04 payment of Alaska National Guard called into active state service to fight wildland fire at 05 rates of pay established for certain emergency fire-fighting personnel; and providing for an 06 effective date. 07 _______________ 08 * Section 1. AS 26.05.070 is amended to read: 09 Sec. 26.05.070. Governor may order organized militia into active state 10 service. In the event of war, disaster, insurrection, rebellion, tumult, catastrophe, 11 wildland fire, invasion, or riot; or if a mob or body of men act together by force with 12 intent to commit a felony or to offer violence to persons or property, or by force and 13 violence to break and resist the laws of the state, or the United States; or in the case of
01 imminent danger of the occurrence of any of these events; or whenever responsible 02 civil authorities fail to preserve law and order, or protect life and property, or the 03 governor believes that failure is imminent, the governor may order the organized 04 militia or any part of it, into active state service to execute the laws and to perform 05 duties in connection with them that the governor considers proper. Whenever any 06 portion of the militia is ordered into active state service by the governor, it becomes 07 an additional police force, retaining its separate entity and operating at all times as a 08 military organization under military command, with power to cooperate with but not 09 to supersede the existing civilian law enforcement officers whenever possible, for the 10 re-establishment of law and order and for the protection of life and property. The 11 governor may also order members of the organized militia to active state service, with 12 their consent, for the purpose of training or for full-time duty with the office of the 13 adjutant general. In the event of wildland fire, the governor may delegate to the 14 adjutant general the governor's authority under this section to order some or all 15 of the organized militia into active state service to fight wildland fire. In this 16 section, "wildland fire" includes the uncontrolled burning of grass, brush, 17 timber, and other vegetative material. 18 * Sec. 2. AS 26.05.260(b) is amended to read: 19 (b) Members of the Alaska National Guard and Alaska Naval Militia are 20 entitled to receive, for each day of active service under AS 26.05.070, pay equal to 21 200 percent of the minimum daily basic pay provided by federal laws and regulations 22 for members of equivalent grades of the United States armed forces, except that the 23 adjutant general and the commissioner of natural resources may agree that 24 specified classifications of Alaska National Guard personnel called to active state 25 service to fight wildland fire shall be paid at rates established for emergency fire- 26 fighting personnel in accordance with AS 41.15.030 [. HOWEVER, A MEMBER 27 MAY NOT RECEIVE LESS THAN $105 PER DAY FOR ACTIVE SERVICE 28 PERFORMED DURING THE FISCAL YEAR ENDING JUNE 30, 2000]. For fiscal 29 years beginning after June 30, 2000, the minimum payment of $105 shall be increased 30 one percent for each percent increase in the consumer price index for Anchorage, 31 Alaska, as determined by the United States Department of Labor, Bureau of Labor
01 Statistics, not to exceed an annual increase of four percent. The increase, if any, takes 02 effect not more than 30 days after the release of the consumer price index. The 03 consumer price index that is published immediately after July 1, 1999, is the reference 04 base index. 05 * Sec. 3. AS 26.05.260(k) is amended to read: 06 (k) In this section, 07 (1) "member" means an active commissioned or warrant officer or 08 enlisted man or woman in the Alaska National Guard or Alaska Naval Militia, or a 09 volunteer serving in the active service of the Alaska State Defense Force; 10 (2) "wildland fire" includes the uncontrolled burning of grass, 11 brush, timber, and other natural vegetative material. 12 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).