Legislature(2007 - 2008)HOUSE FINANCE 519
03/03/2008 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB72 | |
| HB200 | |
| HB413 | |
| HB326 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| += | HB 200 | TELECONFERENCED | |
| + | HB 326 | TELECONFERENCED | |
| + | HB 413 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 72 | TELECONFERENCED | |
HOUSE BILL NO. 326
"An Act authorizing the governor to delegate to the
adjutant general the authority to order the organized
militia into active state service and authorizing the
payment of Alaska National Guard called into active
state service to fight wildfires at rates of pay
established for certain emergency fire-fighting
personnel; and providing for an effective date."
MCHUGH PIERRE, LEGISLATIVE LIAISON, DEPARTMENT OF MILITARY
AND VETERANS AFFAIRS (DMVA), explained that HB 326 came
about when the Department realized that fire fighters,
organized through the Department of Natural Resources, were
getting paid federal rates, while National Guard members
working as fire fighters were being paid at the state active
duty rate, as much as 75% less. Statute prohibited the
disparity from being corrected; HB 326 will rectify that. In
addition, the bill allows the Governor to delegate
activation of the National Guard for wildfire fighting
purposes in times of emergency.
Representative Thomas asked if payment would be retroactive.
Mr. Pierre said it was not retroactive, but would begin
immediately. Representative Thomas shared a personal
experience. He questioned why a civilian would be paid the
same as a military person. Mr. Pierre replied that the pay
will be equitable for all working on the fire line.
Representative Kelly voiced concern about the costs. He
wondered if this was a unique situation. Mr. Pierre replied
that fire fighting would be the exception for National Guard
members.
2:50:20 PM
CHRIS MAISCH, DIRECTOR, DIVISION OF FORESTRY, DEPARTMENT OF
NATURAL RESOURCES (DNR) (Testified via teleconference),
testified in support of HB 326. He explained that the
National Guard has only been used four times in the history
of the Division of Forestry (DOF) fire fighting. When Guard
members are not on active duty, they are paid their regular
salary. He said the issue was equal pay for equal work. He
described the Guard's duties.
Mr. Maisch commented on the zero fiscal note. Use of the
National Guard for fire fighting has been infrequent and
cannot be predicted.
Representative Kelly asked about rate of pay and the
assumption that there are several levels of firefighting
classes. He wondered if the Guard would come in at the
lowest class as they are not trained fire fighters. Mr.
Maisch explained the classification system (Copy on File).
Representative Kelly noted his support for the bill.
2:54:23 PM
Mr. Pierre added that the National Guard is only activated
for the specific task they are trained for, usually the
helicopter and crew members.
2:55:19 PM
PUBLIC TESTIMONY CLOSED.
Co-Chair Meyer MOVED to ADOPT Amendment #1, (Copy on File).
Page 1, line 2: Delete "wildfire", Insert "wildland
fire"; Page 1, line 3: Delete "wildfire", Insert
"wildland fire"; Page 1, line 5: Delete "wildfire",
Insert "wildland fire"; Page 1, line 11: Delete
"wildfire", Insert "wildland fire"; Page 2, line 13:
Delete "wildfire", Insert "wildland fire"; Page 2, line
15: Delete "wildfire", Insert "wildland fire"; Page 2,
line 16: Delete all material and insert: "wildland
fire" includes the uncontrolled burning of grass,
brush, timber, and other natural vegetative material.";
Page 2, line 24: Delete "wildfire", Insert "wildland
fire"; Page 3, lines 9-10: (2) "wildland fire" includes
the uncontrolled burning of grass, brush, timber, and
other natural vegetative material."
Vice-Chair Stoltze OBJECTED.
Mr. Pierre explained the effort to change the definition to
"wildland fire."
MICHAEL MITCHELL, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW (Testified via teleconference), explained Amendment #1.
The term "wildland fire" is the modern terminology and would
make the language consistent with other statute.
2:57:22 PM
Vice-Chair Stoltze WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #1 was ADOPTED.
Co-Chair Meyer introduced the fiscal notes.
Representative Hawker said he would like to see both fiscal
notes revised. He asked for clarification on the costs. Mr.
Pierre explained that DMVA expects zero cost because DNR
reimburses DMVA for real time use of equipment and man-
hours. However, other expenses may be incurred, such as
equipment damages. Representative Hawker thought the other
expenses would exist regardless of what members of the Guard
were paid. Mr. Pierre agreed.
Representative Hawker maintained that proper policy and
procedure had not been followed regarding the fiscal notes.
He appreciated the indeterminate nature of the situation,
but wanted to see the fiscal note cleared up with zeros on
the lines that should have zeros, in order to quantify the
State's exposure.
3:00:57 PM
Representative Hawker turned to the DNR fiscal note and said
the fiscal note does not explain adequately the possible
costs, as the components are known.
Mr. Maisch said the formula of who pays is complicated and
different for each fire. He gave a more detailed analysis:
· In 2004, helicopters flew about 258 hours; the cost to
DOF was about $649,000. The Guard was mobilized twice
in 2004 for a total of 50 days, the most they have been
used.
· In 2002, the cost to the Division was $177,000.
· In 2007, the cost to the Division was $147,000.
· The funds come out of the activity component of the
Division budget. The activity component is funded as a
ten-year average each year and currently is $13
million. A supplemental request during the fire
fighting season augments the account.
· At the end of the year, there is a cross-billing with
the federal partners to sort out the actual funds owed
to each agency.
3:04:56 PM
Representative Hawker wanted to see the information
encapsulated in the fiscal note. Mr. Maisch said the
information had been submitted in "DNR Comments" (Copy on
File).
Mr. Pierre said he could get the information for DMVA.
HB 326 was HEARD and HELD in Committee for further
consideration.
3:08:14 PM
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