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