Legislature(2007 - 2008)BARNES 124
02/07/2008 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB326 | |
| Annual Update & Departmental Presentation | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 326 | TELECONFERENCED | |
HB 326-NAT'L GUARD: COMMAND/ACTIVE SERVICE/PAY 1:07:47 PM CHAIR ROSES announced that the first order of business would be 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." 1:08:18 PM MAJOR GENERAL CRAIG CAMPBELL, Adjutant General/Commissioner, Department of Military & Veterans' Affairs (DMVA), introduced HB 326 on behalf of the DMVA. He informed the committee that the administration, the DMVA, and the Department of Natural Resources (DNR) support the bill and called the committee's attention to page 2, lines 12, 13, and 14, that read: The governor may delegate authority to order the organized militia or any part of it, into active state service under this section to the adjutant general. MAJOR GENERAL CAMPBELL explained that the intent of this part of the bill is to change the law for fighting fires because fires happen so rapidly. The travel schedules of the governor and the adjutant general can hamper activation of the Alaska National Guard [(Guard)] because that normally requires authorization from the governor. In this specific case, when the adjutant general is notified by the commissioner of the DNR that the Guard is needed for fire protection, the governor agrees to allow activation by the adjutant general. Major General Craig continued to say that changes on lines 19 through 23 will adjust the pay of Guard members who are activated for firefighting services from the state active duty rate to firefighter pay. It was determined that Guard members who were activated for firefighter duties were being paid about one-third of the pay of the other emergency firefighters. The commissioner of the DNR and Major General Craig agreed that Guard firefighters should be paid the same rate of pay as firefighters from other states or the private sector. He concluded by saying that this bill is supported by the governor. 1:11:26 PM TOM IRWIN, Commissioner, Department of Natural Resources, stated that he strongly supported the bill. During a time of serious fires, help is needed immediately; when the equipment is available, the Guard is always there to help. He explained that Guard members are Alaskans who respond to the emergency and must leave their jobs and families to go to the fire line. For this, he said, they are not paid an appropriate and fair wage. This bill will allow Guard firefighters to be paid what private and outside firefighters are paid, and he encouraged the committee to give the bill strong consideration. 1:13:37 PM CHAIR ROSES asked whether this arrangement would use the Guard to replace private individuals, or companies that are under contract, to fight fires. COMMISSIONER IRWIN responded that the bill will not affect private firefighters. The Guard is used for extra protection. 1:14:59 PM CHAIR ROSES confirmed that the Guard is called in after all other resources have been expended. 1:15:05 PM COMMISSIONER IRWIN deferred the question to Lynn Wilcock. He emphasized that the intent is not to replace private service. 1:15:22 PM LYNN WILCOCK, Fire Program Manager, Director's Office, Division of Forestry, DNR, informed the committee that, in an emergency, DNR must certify to the Division of Homeland Security & Emergency Management (DHS&EM) that all private sector and civilian resources are exhausted prior to requesting use of the Guard. He added that the Guard is most valuable at the time private resources in Alaska are exhausted, and out of state resources are being mobilized, but have not arrived. He added that the Guard is always valuable and the Division of Forestry supports the bill. 1:16:40 PM REPRESENTATIVE FAIRCLOUGH referred to a document titled DNR Comments on 773-08-0016, second paragraph, reading: ...as well as the fact that the Division of Forestry can only use them, referring to outside or the National Guard, after we have used all available civilian assets. REPRESENTATIVE FAIRCLOUGH then said, "... according to this memo that there's a regulation in place that we would have to go there before implementing the National Guard." She then returned to the bill and observed that the interpretation being discussed allows, in the case of fire situations only, the adjutant general to activate the Guard. However, under Sec. 26.05.070, she pointed out that the governor may order organized militia into active state service for any reason. Representative Fairclough said that her interpretation of the change brought by this bill is, the authority to activate the Guard is delegated to the adjutant general no matter what the condition of the emergency. These are two totally different sections and one will allow payment of firefighter pay rates; however, she disagreed that the change in lines 12 through 14 are specific to calling out the Guard to fight wildfires. She said that this change will delegate the governor's authority in its entirety, and the adjutant general can call the Guard in, without the governor, for any emergency in the state. 1:19:28 PM MAJOR GENERAL CAMPBELL said that he agreed with Representative Fairclough. 1:19:48 PM REPRESENTATIVE FAIRCLOUGH compared her interpretation to the first bullet point in the sectional analysis that says the authority is specific to wildfires; she stated that the bullet point is inaccurate and needs to be clarified. 1:20:14 PM MAJOR GENERAL CAMPBELL confirmed that the intent is for the bill to change the authority for wildfires, as stated by the sectional analysis. He said that he has not asked the governor to delegate authority over all Guard activations. REPRESENTATIVE FAIRCLOUGH re-stated her interpretation. 1:20:55 PM CHAIR ROSES noted that, if the committee adopts a conceptual amendment, the legal department will have to deal with the problem before the bill moves on. 1:21:06 PM MAJOR GENERAL CAMPBELL indicated that he would not oppose a change to the bill that will restrict the authorization to fighting fires. 1:21:16 PM REPRESENTATIVE FAIRCLOUGH said that she will offer an amendment; however, she expressed her understanding that, in the case of a dire emergency, the governor may want a secondary line of defense to respond to natural emergencies. She then moved to adopt a conceptual amendment as follows: That the adjutant general powers specific to delegation of authority be limited to activating troops of the Alaska National Guard to firefighting only. 1:22:27 PM MAJOR GENERAL CAMPBELL said that he had no objection. 1:22:52 PM REPRESENTATIVE FAIRCLOUGH opined that the Conceptual Amendment is inaccurate because the whole issue is that the bill does not require, except under the provision about firefighter pay, for DNR to be consulted. The amendment would have to be expanded to include the caveat that DNR is required to agree to the activation. 1:23:22 PM MAJOR GENERAL CAMPBELL re-stated that the first part of the bill indicates the governor's concurrence with the adjutant general's authority to activate the Guard; the DNR does not activate the Guard. The second portion is about the payment of firefighting wages. He asked Representative Fairclough for a further explanation of her statement. 1:23:49 PM REPRESENTATIVE FAIRCLOUGH expressed her understanding of the statement in the sectional analysis of Sec. 1 and remarked: ... it says, 'the Adjutant General of the Alaska National Guard to activate the troops to fight wild fires' not to pay them, but to fight it, ' will when asked by the Department of Natural Resources.' So, he's, he's the one who is the kicker. 1:24:16 PM MAJOR GENERAL CAMPBELL concurred that DNR must request activation of the troops. The initiation of the request is the first step to the adjutant general's activation of the troops and the subsequent payment of firefighter pay, not state active duty pay. 1:24:37 PM CHAIR ROSES observed that the committee will not amend the sectional analysis and that the bill does not have the DNR requirement. 1:24:50 PM REPRESENTATIVE FAIRCLOUGH said that, the caveat in the sectional analysis has both instances tied together with the DNR. 1:25:01 PM CHAIR ROSES surmised that when the bill moves to finance, the sectional analysis can be corrected. Furthermore, there was no objection to the Conceptual Amendment. 1:25:23 PM REPRESENTATIVE LEDOUX asked whether, in the case of a wildfire happening when the governor was out of town, the authority is given in advance. 1:26:02 PM MAJOR GENERAL CAMPBELL responded that, if HB 326 is passed, DMVA will ask for a Letter of Delegation that will be on file for the governor's term of office. 1:26:31 PM REPRESENTATIVE LEDOUX asked whether Major General Campbell wants the authority to activate the Guard in the case of other matters, such as a riot. 1:27:18 PM MAJOR GENERAL CAMPBELL answered no. He explained that military authority is deferred to the civilian leadership in most instances; all control of the response is a civilian decision. Secondly, the executive power of the governor should be to have the ability to determine at what level to respond to an emergency, with the exception of wildfires. He opined that civil disobedience builds up over time, unlike a wildfire. Evaluations show that a wildfire is the only valid exception to the governor's control over the activation of the Guard. 1:29:10 PM REPRESENTATIVE FAIRCLOUGH asked whether Guard firefighters, when fighting a long lasting fire, receive compensation for medical benefits from their civilian jobs that may be jeopardized by their Guard obligation. 1:30:11 PM MAJOR GENERAL CAMPBELL assured the committee that firefighter wages include workman's compensation at an appropriate level. However, this may not be equal to a Guard member's civilian employment medical coverage. 1:30:53 PM REPRESENTATIVE FAIRCLOUGH observed that it is a choice to be a member of the Guard. 1:31:19 PM MAJOR GENERAL CAMPBELL confirmed that Guard members have joined the state militia with responsibility to the state first and the federal government when asked. This is the primary mission for the Guard's existence. 1:31:33 PM CHAIR ROSES closed testimony. 1:32:02 PM REPRESENTATIVE DAHLSTROM moved to report HB 326, Version A, with attached Conceptual Amendment, out of committee with individual recommendations and the accompanying fiscal notes. There being no opposition, CSHB 326(MLV) was reported from the House Special Committee on Military and Veterans' Affairs.
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