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CSHB 126(MLV): "An Act relating to workers' compensation benefits for members of the organized militia."

00 CS FOR HOUSE BILL NO. 126(MLV) 01 "An Act relating to workers' compensation benefits for members of the organized 02 militia." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30 is amended by adding a new section to read: 05 Sec. 23.30.236. Members of the organized militia as employees. (a) A 06 member of the organized militia who has been ordered into active state service by the 07 governor under AS 26.05.070 or ordered into training under AS 26.05.100, and who 08 suffers an injury, disability, or death in the line of duty, is an employee of the state for 09 purposes of this chapter. 10 (b) The gross weekly earnings for members of the organized militia are 11 calculated using the methods prescribed under AS 26.05.260(h). 12 * Sec. 2. AS 26.05.260(d) is amended to read: 13 (d) A member of the organized militia who, while performing duties under 14 AS 26.05.070 or training under AS 26.05.100, including transit to and from the

01 member's home of record, suffers an injury or disability in the line of duty is entitled 02 to all compensation and benefits available under AS 23.30 (Alaska Workers' 03 Compensation Act). For a member of the Alaska State Defense Force, compensation 04 and benefits under this subsection are provided as though the member were a state 05 employee. A member of the organized militia who has not been ordered into active 06 state service by the governor under AS 26.05.070 or ordered into training under 07 AS 26.05.100 is not entitled to compensation and benefits under AS 23.30 (Alaska 08 Workers' Compensation Act). 09 * Sec. 3. AS 26.05.260(e) is amended to read: 10 (e) If a member of the organized militia dies as a result of an injury or 11 disability suffered in the line of duty while performing duties under AS 26.05.070 or 12 training under AS 26.05.100, including transit to and from the member's home of 13 record, death benefits shall be paid to the persons in the amounts specified in 14 AS 23.30.215. For a member of the Alaska State Defense Force, the death benefits 15 under this subsection are provided as though the member were a state employee. A 16 person is not entitled to death benefits as specified in AS 23.30.215 for a member of 17 the organized militia who dies as a result of an injury or disability suffered in the line 18 of duty but who had not been ordered into active state service by the governor under 19 AS 26.05.070 or ordered into training under AS 26.05.100.