02/24/2000 04:40 PM House MLV

HB 332 - MEMBERS OF ALASKA STATE MILITIA                                                                                        
                                                                                                                                
CHAIRMAN MURKOWSKI announced the next order of business as HB 332,                                                              
"An Act relating to payment, benefits, and work status of members                                                               
in the active service of the Alaska State Militia; and providing                                                                
for an effective date."                                                                                                         
                                                                                                                                
CAROL CARROLL, Director, Central Office, Administrative Services                                                                
Division, Department of Military & Veterans Affairs, came before                                                                
the committee to present HB 332.  The purpose of the bill is to                                                                 
provide a statutory method to pay members of the Alaska State                                                                   
Defense Force/Alaska State Militia when called to active service.                                                               
She noted that the defense force/militia is part of the organized                                                               
militia, but they are treated differently than the Alaska National                                                              
Guard and Alaska Naval Militia - the national guard and militia are                                                             
federally based and have a federal pay structure.  The bill                                                                     
suggests that the members of the defense force/militia would be                                                                 
paid as if they were state employees.                                                                                           
                                                                                                                                
MS. CARROLL further stated the department was notified last year by                                                             
the Department of Law that they were paying members of the defense                                                              
force/militia inappropriately.  Since that time, the department has                                                             
been paying those members as non-permanent state employees, which                                                               
creates some discomfort and confusion.  The bill, therefore,                                                                    
clarifies that they are members of the Alaska State Defense                                                                     
Force/Alaska State Militia; that they are under its command                                                                     
structure; that they are subject to its discipline; but that they                                                               
are to be paid using a state scale.  The bill would also change how                                                             
they are paid for workers' compensation [benefits].  She further                                                                
pointed out that HB 332 is referred to in HB 331, and that merging                                                              
them would simplify both bills.                                                                                                 
                                                                                                                                
Number 1536                                                                                                                     
                                                                                                                                
THOMAS S. WESTALL, Brigadier General, 49th Civil Support Brigade,                                                               
Alaska State Defense Force/Alaska State Militia, testified via                                                                  
teleconference from Anchorage.  The defense force/militia does a                                                                
lot of volunteer work without pay and will continue to do so, but                                                               
there are times when the governor needs them for state missions,                                                                
i.e. disasters.  They are called under Title 26, which gives them                                                               
a full range of duties and protections.  For instance, when under                                                               
Title 26 their jobs are protected, but when under Title 39 as state                                                             
employees their jobs are not protected.  Furthermore, a reason that                                                             
they need some compensation is because those who volunteer in the                                                               
spirit of a true militia, as George Washington envisioned, give                                                                 
time away from their jobs and families, when they have house                                                                    
payments and car payments like everybody else.  They don't expect                                                               
to get rich, but they need some compensation and protection so that                                                             
they can continue their lives.  He said, "Can you imagine asking                                                                
your employer if you can go do another job?  They might just ask                                                                
you to continue doing it."  This is a very important bill for the                                                               
Alaska State Defense Force/Alaska State Militia.                                                                                
                                                                                                                                
Number 1654                                                                                                                     
                                                                                                                                
CHAIRMAN MURKOWSKI asked General Westall whether it's correct to                                                                
say that the defense force/militia members receive some                                                                         
compensation when called on by the governor, but that they perform                                                              
many volunteer services.                                                                                                        
                                                                                                                                
GENERAL WESTALL replied that's correct.  He cited that the defense                                                              
force/militia will provide military police support for the Iditarod                                                             
restart for the City of Wasilla, so that the city doesn't have to                                                               
uncover their normal patrols.  He pointed out that it's important                                                               
to keep in mind when they are called on for a disaster they have to                                                             
go; they cannot say no.  He said, "I have to tell you something.                                                                
They have never, never, ever not wanted to report for duty.                                                                     
Everyone is so excited about being in the defense force that                                                                    
they're very anxious to do this.  And, that's why we do a lot of                                                                
these unpaid services."                                                                                                         
                                                                                                                                
Number 1756                                                                                                                     
                                                                                                                                
ED KNOEBEL testified via teleconference from Glennallen.  As a                                                                  
member of a defense force, he understands that a person is covered                                                              
under workers' compensation when traveling to and from state duty.                                                              
He asked whether the bill would extend that [benefit] to volunteer                                                              
duty.                                                                                                                           
                                                                                                                                
GENERAL WESTALL answered yes.  The current statute and proposed                                                                 
statute would cover an individual in an unpaid status.  An                                                                      
individual under orders, however, is covered from portal-to-portal,                                                             
which gives additional protection.                                                                                              
                                                                                                                                
CHAIRMAN MURKOWSKI closed the meeting to public testimony.                                                                      
                                                                                                                                
CHAIRMAN MURKOWSKI announced that the bill would be held over in                                                                
order to "fine-tune" it.