00                       CS FOR HOUSE BILL NO. 327(STA)                                                                    
01 "An Act relating to state officers and employees who are called to active duty as reserve                               
02 or auxiliary members of the armed forces of the United States; and providing for an                                     
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
06 to read:                                                                                                                
07       INTENT.  It is the intent of the legislature that officers and employees of agencies of                           
08 state government who are members of reserve and auxiliary military units, including the                                 
09 Alaska National Guard and Alaska Naval Militia, are not penalized regarding their salary and                            
10 benefits while on certain active duty, such as active duty during large-scale activations.                              
11    * Sec. 2.  AS 39.20 is amended by adding new sections to read:                                                     
12          Article 5.  Continuation of Pay and Benefits for Certain Members                                             
13                          of the Armed Forces.                                                                         
14            Sec. 39.20.450.  Continuation of pay and benefits for certain executive                                    
01       branch members of the reserve and auxiliary units of the armed forces.  (a)                                     
02       Notwithstanding any contrary provision of law, the governor, through the issuance of                              
03       an administrative order, may authorize state officers and employees in the executive                              
04       branch who are members of a reserve or auxiliary component of the armed forces of                                 
05       the United States, including the Alaska National Guard and the Alaska Naval Militia,                              
06       and who are called to active duty by the appropriate state or federal authority to                                
07       continue to receive for up to 90 days the equivalent of their state compensation and                              
08       some or all of their state benefits.                                                                              
09            (b)  The Department of Administration shall implement an order issued by the                                 
10       governor under this section.  The Department of Administration may adopt emergency                                
11       regulations to implement an order issued by the governor under this section, including                            
12       regulations regarding the scope of compensation and benefits and any allocation                                   
13       between the state and the state officer or employee of contributions relating to the                              
14       benefits.  Emergency regulations adopted under this section                                                       
15                 (1)  are not subject to AS 44.62 (Administrative Procedure Act);                                        
16                 (2)  take effect immediately unless the Department of Administration                                    
17       specifies another date; and                                                                                       
18                 (3)  remain in effect for not more than 180 days.                                                       
19            Sec. 39.20.454.  Definitions.  In AS 39.20.450 - 39.20.454,                                                
20                 (1)  "benefits" includes credited service in a state retirement system,                                 
21       membership in the supplemental employee benefits system under AS 39.30.150 -                                      
22       39.30.180, and group life and health insurance provided under AS 39.30.090 -                                      
23       39.30.095 or under a collective bargaining agreement;                                                             
24                 (2)  "executive branch" includes a department, agency, institution,                                     
25       board, commission, authority, public corporation, the Alaska Pioneers' Home, and any                              
26       other unit of the executive branch of state government, but does not include the Alaska                           
27       Railroad Corporation or the University of Alaska.                                                                 
28    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       APPLICABILITY.  Until a collective bargaining agreement in effect on the effective                                
31 date of this Act expires, this Act applies to state employees covered by that collective                                
01 bargaining agreement only if that agreement is modified to accept the provisions of this Act.                           
02    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       RETROACTIVITY.  This Act is retroactive to September 11, 2001.                                                    
05    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).