00 CS FOR HOUSE BILL NO. 331(MLV) 01 "An Act relating to compensation of members of the Alaska National Guard and 02 Alaska Naval Militia in active service; changing the name of the Alaska State 03 Militia to the Alaska State Defense Force; relating to compensation and work 04 status for members of the Alaska State Defense Force; and providing for an 05 effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 02.15.090(a) is amended to read: 08 (a) In operating an airport or air navigation facility owned or controlled by the 09 state, the department may enter into contracts, leases, and other arrangements covering 10 periods not exceeding 55 years with a person, municipality, or the United States, 11 granting the privilege of using or improving an airport or air navigation facility or a 12 portion of it or space in it for commercial, governmental, or other public purposes, 13 including private plane tie down; or conferring the privilege of supplying goods, 14 commodities, services, or facilities at an airport or air navigation facility. The 01 department may establish the terms and conditions and fix the charges, rentals, and 02 fees for the privileges or services that are reasonable and uniform for the same class 03 of privilege or service. Charges, rentals, or fees authorized by this subsection may be 04 fixed for the international airports by order of the commissioner or by negotiated or 05 competitively offered contract. Notwithstanding AS 37.10.050(a), the fixing of 06 charges, rentals, or fees as permitted under this subsection is not subject to the 07 adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The 08 terms, conditions, charges, rentals, and fees shall be established with due regard to the 09 property and improvements used and the expense of operation to the state. However, 10 use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons 11 shall be permitted without rental charges. If the department permits space in state- 12 owned or state-controlled airports to be used as lounges for members of the United States 13 armed forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State 14 Defense Force [MILITIA] and if the lounges are operated by persons exempt from taxation 15 under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged for the use of 16 the space. The department shall provide for public notice and an opportunity to comment 17 before a charge, rental, or fee is fixed by order of the commissioner as permitted under this 18 subsection. The public may not be deprived of its rightful, equal, and uniform use of the 19 airport, air navigation facility, or a portion of them. 20 * Sec. 2. AS 26.05.010(b) is amended to read: 21 (b) The militia is divided into two classes: 22 (1) the organized militia, consisting of the Alaska National Guard, the 23 Alaska Naval Militia, and the Alaska State Defense Force; [MILITIA,] and 24 (2) the unorganized militia, consisting of all qualified persons available 25 for service but not serving in the organized militia. 26 * Sec. 3. AS 26.05.030(d) is amended to read: 27 (d) The Alaska State Defense Force [MILITIA] consists of units authorized 28 by the governor, and manned by volunteer personnel qualifying under state law and 29 regulation. All defense force [STATE MILITIA] personnel shall be 30 (1) appointed, commissioned, or warranted, and assigned by the 31 governor or the adjutant general as the governor's designee; 01 (2) subject to serve on state active duty at the call and by order of the 02 governor. 03 * Sec. 4. AS 26.05.100 is amended to read: 04 Sec. 26.05.100. Alaska State Defense Force [MILITIA]. A state militia , 05 known as the Alaska State Defense Force, may be organized through voluntary 06 enlistments under regulations as to discipline and training that [WHICH] may be 07 prescribed by the governor. During the time that the Alaska National Guard or the 08 Alaska Naval Militia, or any part of either of them, is not available to the state by 09 reason of active federal service, or the National Guard or Naval Militia requires 10 augmentation to perform its state mission, the governor may activate the Alaska State 11 Defense Force [STATE MILITIA]. 12 * Sec. 5. AS 26.05.260(b) is amended to read: 13 (b) Members of the Alaska National Guard and Alaska Naval Militia are 14 entitled to receive, for each day of active service under AS 26.05.070, pay [AND 15 ALLOWANCES] equal to 200 percent of the minimum daily basic pay [THOSE] 16 provided by federal laws and regulations for members of equivalent grades of the 17 United States armed forces. However, a member may not receive less than $65 per 18 day for active service performed during the fiscal year ending June 30, 1982. For 19 fiscal years beginning after June 30, 1982, the minimum payment of $65 shall be 20 increased one percent for each percent increase in the consumer price index for [OF] 21 Anchorage, Alaska, as determined by the United States Department of Labor, Bureau 22 of Labor Statistics, not to exceed an annual increase of 10 percent. The increase, if 23 any, takes effect not more than 30 days after the release of the consumer price index. 24 The consumer price index that is published immediately after July 1, 1981, is the 25 reference base index. 26 * Sec. 6. AS 26.05.260(d) is amended to read: 27 (d) A member of the organized militia who, while performing duties under 28 AS 26.05.070, including transit to and from the member's home of record, suffers an 29 injury or disability in the line of duty is entitled to all compensation and benefits 30 available under AS 23.30 (Alaska Workers' Compensation Act). For a member of the 31 Alaska State Defense Force, compensation and benefits under this subsection are 01 provided as though the member were a state employee. 02 * Sec. 7. AS 26.05.260(e) is amended to read: 03 (e) If a member of the organized militia dies as a result of an injury or 04 disability suffered in the line of duty while performing duties under AS 26.05.070, 05 including transit to and from the member's home of record, death benefits shall be paid 06 to the persons in the amounts specified in AS 23.30.215. For a member of the 07 Alaska State Defense Force, the death benefits under this subsection are provided 08 as though the member were a state employee. 09 * Sec. 8. AS 26.05.260(h) is repealed and reenacted to read: 10 (h) For purposes of computation of benefits under AS 23.30, the earnings of 11 a member of the 12 (1) Alaska National Guard or Alaska Naval Militia are presumed to be 13 no less than 200 percent of the minimum daily basic pay authorized for a member of 14 the regular armed forces of the United States in the same grade or rank as the Alaska 15 National Guard or Alaska Naval Militia member at the time of the injury or death; 16 (2) Alaska State Defense Force are presumed to be equal to the pay and 17 allowances authorized by (j) of this section for the duties being performed by the 18 member while on active state service at the time of the injury or death; if the member 19 of the Alaska State Defense Force did not receive pay or allowances authorized under 20 (j) of this section, the earnings of the member are presumed to be no less than 200 21 percent of the minimum daily basic pay authorized for a member of the regular armed 22 forces of the United States in the same grade or rank as the Alaska State Defense 23 Force member at the time of the injury or death. 24 * Sec. 9. AS 26.05.260(i) is amended to read: 25 (i) In this section, "member" means an active commissioned or warrant officer 26 or enlisted man or woman in the Alaska National Guard or Alaska Naval Militia, 27 or a volunteer serving in the active service of the Alaska State Defense Force 28 [ORGANIZED MILITIA]. 29 * Sec. 10. AS 26.05.260 is amended by adding new subsections to read: 30 (j) When active state service is authorized by the governor or by the adjutant 31 general as the governor's designee, members of the Alaska State Defense Force are 01 entitled to receive, for each day of active service under AS 26.05.070, pay and 02 allowances as provided in this subsection. Pay is equal to that provided under 03 AS 39.27.011 - 39.27.020 for equivalent assignments of state officials or employees, 04 including adjustments under AS 39.27.025, if applicable. Allowances shall be paid to 05 the same extent, in the same manner, and under the same conditions as provided for 06 state officials and employees under AS 39.20.110 - 39.20.170. However, pay or 07 allowances are not authorized for training or community service activities of members 08 of the Alaska State Defense Force. 09 (k) Members of the Alaska State Defense Force are entitled to pay and other 10 benefits only as provided in this section. Members of the Alaska State Defense Force 11 are not state employees. However, compensation and benefits under AS 23.30 12 provided for in (d), (e), and (h) of this section for members of the Alaska State 13 Defense Force are provided as though the member were a state employee. Nothing 14 in this section entitles a member of the Alaska State Defense Force to retirement 15 benefits. 16 * Sec. 11. AS 26.05.340(a) is amended to read: 17 (a) In no case may any part of the Alaska National Guard, Alaska Naval 18 Militia, or the Alaska State Defense Force [STATE MILITIA] be used against any 19 labor organization or for the purpose of strike breaking within the state. 20 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).