HB 289 - TRANSPORTATION OF MEMBERS OF ALASKA NATL GUAR CHAIRMAN HALCRO announced the first order of business as House Bill 289, "An Act relating to transportation of members of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force by the Alaska marine highway system and the Alaska Railroad; and relating to the Alaska State Defense Force." Number 0045 JOHN MANLY, Staff to Representative John Harris, Alaska State Legislature, came before the committee to present HB 289. The bill is relatively simple. It would allow for the transportation free of charge for members of the volunteer defense forces on a space-available basis aboard the marine highway and railroad systems. He pointed out that it would only be for individuals, not vehicles. The bill would also change the language, "Alaska State Militia," to "Alaska State Defense Force." He noted that their title was changed operationally years ago; they wanted to avoid any association with other types of militia organizations. Number 0187 REPRESENTATIVE ALBERT KOOKESH stated individuals who reach a certain age are allowed to travel on the ferries at a discounted fare on a space-available basis. He has no objection to this legislation. It makes a lot of sense. MR. MANLY indicated that another body or two aboard a ferry might translate to selling a meal or stateroom. Number 0260 CHAIRMAN HALCRO asked Mr. Manly, Who currently picks up the tab? The individual or the National Guard? MR. MANLY replied, according to his understanding, the National Guard has a limited amount of funding for travel. The bill, therefore, would allow members of the volunteer defense forces to travel more frequently and to participate in expanded types of drills. Number 0318 REPRESENTATIVE JOHN COWDERY proposed a friendly amendment to include University of Alaska-Anchorage students. He was told by railroad staff that out-of-state students are allowed to travel for free, but that has not been extended to in-state students. MR. MANLY indicated that Representative Harris would not object to the proposed friendly amendment. REPRESENTATIVE KOOKESH pointed out that the bill is very specific to the military. It says, " ... who are involved in training to defend our state and our freedom." He appreciates the intent of the proposed friendly amendment, but it may be more appropriate to include it in the language that allows for the free transportation for out-of-state students. REPRESENTATIVE COWDERY stated he's not sure whether there is any language. The railroad is just doing it. He said, "If they are doing it for out-of-state students, certainly our in-state students should have the same privilege." It might be necessary to change the title as well. CHAIRMAN HALCRO asked Representative Cowdery whether that privilege is set in statute or policy. REPRESENTATIVE COWDERY replied it's something that the railroad has taken upon themselves. CHAIRMAN HALCRO stated he would hesitate to support the proposed friendly amendment; the railroad is not here today to respond. Furthermore, it might be something that should be changed in policy rather than in statute. He agrees with Representative Kookesh in that the title of this legislation is very specific and tight. REPRESENTATIVE COWDERY withdrew his proposed friendly amendment. Number 0754 REPRESENTATIVE ALLEN KEMPLEN asked Mr. Manly how an individual would be identified as en route to official militia activities. He is concerned about abuse. He wondered whether language could be inserted such as, "upon presentation of adequate documentation," thereby removing any temptation for abuse. MR. MANLY replied representatives of the defense force have indicated that members would be traveling under orders, and in order to obtain a free passage they would have to show that order. REPRESENTATIVE KEMPLEN stated he doesn't see language to that effect in this legislation. MR. MANLY stated, he thinks, that the Marine Highway System could extrapolate the intent of this legislation. That being, if an individual doesn't have orders with him/her, that individual would not be allowed on board. CHAIRMAN HALCRO suggested holding Representative Kemplen's question until the representative from the marine highway is called on to testify. Number 0931 REPRESENTATIVE COWDERY said he believes that individuals serving in the military are honest and that they would not abuse this. He would hate to label them by including language to indicate that they are untrustworthy. Similarly, a senior citizen doesn't have to provide a birth certificate, for example, to get an exemption. It's called the honor system. Number 0998 REPRESENTATIVE KEMPLEN stated, as a veteran of the army, he can certainly envision a number of situations where a member would be highly tempted to take advantage of this. In addition, many of these members do not make a lot of money. They might see this as an opportunity for a free ticket to save some money. They would be willing to "push the envelope" in terms of what is honorable. Number 1036 CHAIRMAN HALCRO stated, in his other life, military personnel have to show a copy of their travel orders in order to get a special agreement. He is assuming that there would be checks and balances in place. Number 1059 REPRESENTATIVE COWDERY stated it's sort of a "shot in the face" to not trust members of the military. He doesn't think that there would be any abuse. Number 1082 REPRESENTATIVE BILL HUDSON stated in his 20 years of military service he never traveled without orders. He's sure that the Marine Highway System could set up a regulation requiring a member to carry orders, as well as a penalty for any violations. Number 1178 THOMAS S. WESTALL, Brigadier General, 49th Civil Support Brigade, Alaska State Defense Force/Alaska State Militia, testified via teleconference from Anchorage. He is advocating for this legislation because it's not only for the occasional transportation of a soldier from one duty station to another, it's for disaster preparedness and response. The defense force/militia has not always been able to economically utilize its forces in remote locations, such as Southeast, in relation to disasters. In addition, the defense force/militia cannot use federal equipment in any way; they are limited to reinforcing soldiers. Therefore, the ability to travel by way of the marine highway and railroad systems adds a new way for the state to respond to disasters in order to protect its citizens, life and property. GENERAL WESTALL further stated that the mechanics of this legislation can be adequately worked out, so that it doesn't place a burden on either the railroad or Marine Highway Systems economically. He cited that the defense force/militia members who fought at the Millers Reach fire worked very long hours to protect life and property, but there was no facility to relieve those who were exhausted. GENERAL WESTALL further stated, in relation to the concerns regarding orders and military discipline, that both the national guard and defense force/militia are very well-regulated. There are consequences for individuals who do not want to operate according to the regulations. He cited that a member of the defense force/militia can't even put on a uniform unless under military orders. He also cited that members travel under specific orders, so that they can't wonder very far from the most expeditious route. Number 1470 NORM EDWARDS, Captain, Operations Manager, Alaska Marine Highway System, Department of Transportation & Public Facilities, came before the committee to testify. He read the following into the record: The Alaska Marine Highway System fully supports the legislature's effort to allow Alaska State military personnel to travel on the Alaska Marine Highway System. We are happy to be a part of ensuring Alaska's forces of being properly trained and ready for emergency deployment. We understand that this bill is for the transportation of Alaska military members who are en route to or returning from regular training exercises or assigned deployments in a space-available capacity as passengers aboard the Alaska Marine Highway System ships. Therefore, the cost to the Alaska Marine Highway System would be minimal. The only concerns that the Alaska Marine Highway System has is that these military personnel may get displaced by revenue-paying passengers during their travel, which could cause them delays. The Alaska Marine Highway System would hope that this legislation would allow these operations to be complementary to what we already do. To that end, our plans to implement this bill will include practices that are not different than how we treat space available for our own employees. Also, defining 'space available' and 'bumping practices.' Specifically, space available means same day of sailing. We will not take reservations in advance for this travel, for we cannot displace revenue-paying passengers. Space available does not guarantee passage for the duration of a voyage if there is more than one link in the itinerary. For instance, a Sitka passenger sailing on space-available passage to Skagway could be bumped in Juneau, if fare-paying customers are waiting to sail on standby in Juneau. This person would then have to disembark and wait for the next sailing with space available to proceed. Under our own union contracts, AMHS employees sail on space-available basis at any time and have a limitation. It is possible that a combination of AMHS employees and Alaska State military personnel will exceed the amount of space available. In that case, we will allow the passage on a first-come, first-serve basis. Those are the only concerns that we want to make everyone aware of Mr. Chairman, for the Alaska Marine Highway System fully supports this bill. I would be happy to answer any questions. Thank you. Number 1614 CHAIRMAN HALCRO referred to the concept of yield management and asked Captain Edwards whether the Marine Highway System would incorporate a concept like that. CAPTAIN EDWARDS replied yes. He further noted that the only restriction for passenger space is the limitation placed by the Coast Guard for lifesaving capabilities. The ferries, however, seldom run to capacity for passengers, except for particular events in Lynn Canal. Number 1667 REPRESENTATIVE KEMPLEN asked Captain Edwards to explain how the Marine Highway System would prevent abuse. CAPTAIN EDWARDS replied the Marine Highway System would have to instill a policy whereby military personnel would have to present orders at the counter before boarding. The Marine Highway System would work with the military organizations to arrange a format in order that it could be scrutinized by marine highway employees. Number 1707 REPRESENTATIVE KEMPLEN asked Captain Edwards whether he feels that the language in this legislation gives the Marine Highway System the authority to implement controls. CAPTAIN EDWARDS replied he doesn't believe that this legislation allows for latitude. As previously indicated, the Marine Highway System and the military organizations would work together to establish regulations, which may include traveling in uniform, for example. Number 1739 REPRESENTATIVE KOOKESH stated he wants to be certain that this legislation only refers to individuals and not equipment. CAPTAIN EDWARDS stated it is the understanding of the Marine Highway System that this legislation only refers to individuals. CHAIRMAN HALCRO closed the meeting to public testimony. Number 1772 REPRESENTATIVE COWDERY made a motion to move HB 289 out of committee with individual recommendations and attached fiscal note(s). There being no objection, HB 289 so moved from the House Transportation Standing Committee.