HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS February 24, 2000 4:40 p.m. MEMBERS PRESENT Representative Lisa Murkowski, Chairman Representative Brian Porter Representative Pete Kott Representative Sharon Cissna Representative Eric Croft MEMBERS ABSENT Representative Jeannette James Representative Gail Phillips Representative Richard Foster COMMITTEE CALENDAR HOUSE BILL NO. 330 "An Act establishing Prisoners of War and Missing in Action Recognition Days and Women Veterans Day; and providing for an effective date." - MOVED HB 330 OUT OF COMMITTEE HOUSE BILL NO. 331 "An Act relating to payment, allowances, and benefits of members of the Alaska National Guard and Alaska Naval Militia in active service; relating to computation of certain benefits for members of the Alaska State Militia; and providing for an effective date." - HEARD AND HELD HOUSE BILL NO. 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." - HEARD AND HELD PREVIOUS ACTION BILL: HB 330 SHORT TITLE: POW/MIA DAY & WOMEN VETERANS DAY Jrn-Date Jrn-Page Action 2/02/00 2065 (H) READ THE FIRST TIME - REFERRALS 2/02/00 2065 (H) MLV, STA 2/02/00 2065 (H) ZERO FISCAL NOTE (DMVA) 2/02/00 2065 (H) GOVERNOR'S TRANSMITTAL LETTER 2/02/00 2065 (H) REFERRED TO MLV 2/24/00 (H) MLV AT 4:30 PM CAPITOL 120 BILL: HB 331 SHORT TITLE: ALASKA NATL GUARD/NAVAL & STATE MILITIA Jrn-Date Jrn-Page Action 2/02/00 2067 (H) READ THE FIRST TIME - REFERRALS 2/02/00 2067 (H) MLV, STA, FIN 2/02/00 2067 (H) ZERO FISCAL NOTE (DMVA) 2/02/00 2067 (H) GOVERNOR'S TRANSMITTAL LETTER 2/02/00 2067 (H) REFERRED TO MLV 2/24/00 (H) MLV AT 4:30 PM CAPITOL 120 BILL: HB 332 SHORT TITLE: MEMBERS OF ALASKA STATE MILITIA Jrn-Date Jrn-Page Action 2/02/00 2069 (H) READ THE FIRST TIME - REFERRALS 2/02/00 2069 (H) MLV, STA, FIN 2/02/00 2069 (H) ZERO FISCAL NOTE (DMVA) 2/02/00 2069 (H) GOVERNOR'S TRANSMITTAL LETTER 2/02/00 2069 (H) REFERRED TO MLV 2/24/00 (H) MLV AT 4:30 PM CAPITOL 120 WITNESS REGISTER LADDIE SHAW, State Veteran Affairs Coordinator Department of Military & Veterans Affairs PO Box 5800 Camp Denali Fort Richardson, Alaska 99505-0800 POSITION STATEMENT: Testified in support of HB 330. ED KNOEBEL PO Box 84 Glennallen, Alaska 99588 POSITION STATEMENT: Testified on HB 330, HB 331 and HB 332. CAROL CARROLL, Director Central Office Administrative Services Division Department of Military & Veterans Affairs 400 Willoughby Avenue, Suite 500 Juneau, Alaska 99811 POSITION STATEMENT: Presented HB 331 and HB 332. CRAIG CHRISTENSEN, Colonel Deputy STARC Commander Alaska Army National Guard Department of Military & Veterans Affairs PO Box 5800 Fort Richardson, Alaska 99505-0800 National Guard Armory POSITION STATEMENT: Testified in support of HB 331. RICK TURCIC, Administrative Officer Fort Richardson Office Administrative Services Division Department of Military & Veterans Affairs PO Box 5800 Fort Richardson, Alaska 99505-0800 National Guard Armory POSITION STATEMENT: Testified in support of HB 331. THOMAS S. WESTALL, Brigadier General 49th Civil Support Brigade Alaska State Defense Force/Alaska State Militia PO Box 5800 Fort Richardson, Alaska 99505-0800 POSITION STATEMENT: Testified in support of HB 332. ACTION NARRATIVE TAPE 00-05, SIDE A Number 0001 CHAIRMAN LISA MURKOWSKI called the House Special Committee on Military and Veterans' Affairs meeting to order at 4:40 p.m. Members present at the call to order were Representatives Murkowski, Porter and Croft. Representatives Kott and Cissna arrived as the meeting was in progress. HB 330 - POW/MIA DAY & WOMEN VETERANS DAY CHAIRMAN MURKOWSKI announced the first order of business as HB 330, "An Act establishing Prisoners of War and Missing in Action Recognition Days and Women Veterans Day; and providing for an effective date." Number 0105 LADDIE SHAW, State Veteran Affairs Coordinator, Department of Military & Veterans Affairs, testified via teleconference from Anchorage. The department fully supports the bill. Having spent quality time with a number of prisoners of war from World War II and Korea, he said, they put a tremendous value on this type of recognition. He also noted that there was standing room only last November [1999] for the first acknowledged day for women veterans. Number 0221 CHAIRMAN MURKOWSKI asked Mr. Shaw whether the dates reflected in the bill are in conjunction with nationally recognized dates. In other words: How have these dates been arrived at? MR. SHAW replied there are two dates for prisoner of war/missing in action recognition. One is a recognition and one is a noted federal day of recognition. The date in September is a nationally recognized holiday. The date in April is for the Fall of Batan. The individuals who have presented the April date are from the World War II Era. The individuals who have presented the September date are from the Vietnam Era. CHAIRMAN MURKOWSKI asked Mr. Shaw, What about the Women Veterans Day of November 9? MR. SHAW replied that date has been acknowledged as a day of recognition. He's not sure, however, whether or not it's a nationally observed day. He is only aware of the observance held in Anchorage. Number 0400 CHAIRMAN MURKOWSKI pointed out that November 9 is only two days before the nationally recognized Veterans Day of November 11. She wondered whether there would be any overshadowing. MR. SHAW replied he can't say for sure why November 9 was chosen, but he has attended both events, and they were both well-attended by each group. There wasn't a lack of recognition for either day. Number 0556 ED KNOEBEL testified via teleconference from Glennallen as a retired veteran of World War II. He's all for the bill. It's about time the women are recognized. He said, "They helped take part just as much as some of the men did." Number 0618 REPRESENTATIVE BRIAN PORTER made a motion to move HB 330 out of committee with individual recommendations and attached zero fiscal note. There being no objection, HB 330 so moved from the House Special Committee on Military and Veterans' Affairs. HB 331 - ALASKA NATL GUARD/NAVAL & STATE MILITIA CHAIRMAN MURKOWSKI announced the next order of business as HB 331, "An Act relating to payment, allowances, and benefits of members of the Alaska National Guard and Alaska Naval Militia in active service; relating to computation of certain benefits for members of the Alaska State Militia; and providing for an effective date." Number 0646 CAROL CARROLL, Director, Central Office, Administrative Services Division, Department of Military & Veterans Affairs, came before the committee to present HB 331. The purpose of the bill is to streamline administrative processes for the department when individuals of the Alaska National Guard and Alaska Naval Militia are called to active service for the state. The bill would change the current method of calculating pay and allowances to a simple rate of 200 percent of the minimum daily basic pay [Section 1]. MS. CARROLL further explained Section 2, of the bill, would change the current method of calculating workers' compensation [benefits] to the same simple rate of 200 percent of the minimum daily basic pay. MS. CARROLL further explained Section 3, of the bill, is complex; it is based on HB 332, which deals with members of the Alaska State Defense Force/Alaska State Militia. MS. CARROLL distributed to the committee members a handout entitled, "Calculation of State Active Duty," which illustrates the current steps and proposed steps in calculating daily base pay and allowances. She pointed out that one staff person for the department calculates the figures manually - Rick Turcic. He is online to answer any technical questions. The current method calculates allowances separately, while the proposed method takes an individual's base pay and multiplies that figure by 200 percent, thereby cutting administrative overhead and burden. She indicated that the change really doesn't impact pay, even though some would be paid more and some would be paid less. It would depend on an individual's years of service. Number 0934 REPRESENTATIVE PETE KOTT asked Ms. Carroll, How much less and how much more would a member's pay be affected? MS. CARROLL replied a general, for example, would get $365 a day under the bill compared to $337. She pointed out that most generals are not called to active service, however. She further cited a technical or staff sergeant would get a minimum of $101 a day under the bill. CRAIG CHRISTENSEN, Colonel, Deputy STARC Commander, Alaska Army National Guard, Department of Military & Veterans Affairs, testified via teleconference from Anchorage. He interjected and stated most colonels have over 20 years of service; most lieutenant colonels have over 16 years of service; and most majors have over 12 years of service. He further noted the following estimated base pay changes under the bill: Colonel - $3 less per day; Lieutenant Colonel - $36 less per day; Major - $25 less per day; Captain - $18 less per day; First Lieutenant - "a wash"; Second Lieutenant - $23 more per day; Warrant Officer - $20 to $25 less per day, depending on an individual's range; W2 - "a wash"; Junior W1 - $11 more per day; First Sergeants - $11 more per day; Master Sergeants - $20 less per day; Below E8 - state minimum per day of $105. REPRESENTATIVE KOTT said he doesn't mind the "guys at the top" getting less. He doesn't want the "guys at the bottom" to be affected; they are the ones who need it the most. CAROL CARROLL pointed out that her comment earlier meant the proposed changes wouldn't cost the state because they would average out, but there may be some individual differences. COLONEL CHRISTENSEN echoed the earlier comments of Ms. Carroll in that the administrative burden doesn't seem to make sense when parity can be reached in a more efficient and streamlined manner. He asked that the committee members support the bill. It would help the Alaska National Guard and state provide immediate pay transactions and minimize any errors. Number 1204 CHAIRMAN MURKOWSKI asked Colonel Christensen how other states calculate these benefits. COLONEL CHRISTENSEN replied it varies [from state-to-state]. Some states do a manual calculation like Alaska, while a number of states, especially the western states, have changed their procedures to what the bill proposes. Number 1260 RICK TURCIC, Administrative Officer, Fort Richardson Office, Administrative Services Division, Department of Military & Veterans Affairs, testified via teleconference from Anchorage. The current procedure is extremely work intensive, especially in the case of a disaster. He explained that calculating daily base pay requires 345 separate calculations because of pay grades and pay raises. In addition, calculating allowances forces him to utilize the Department of Defense's Web Site in order to get current figures; they change periodically. He also has to factor marital status and number of dependents, which all affect what figure to use. The proposed system, therefore, would save the department a lot of work and would minimize the possibility of any errors. Ed KNOEBEL testified via teleconference from Glennallen. He suggested including language to indicate whichever calculation is higher, but he's not so sure that would work. CHAIRMAN MURKOWSKI closed the meeting to public testimony. CHAIRMAN MURKOWSKI announced that the bill would be held over in order to incorporate provisions from HB 332. 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. ADJOURNMENT There being no further business before the committee, Chairman Murkowski adjourned the House Special Committee on Military and Veterans' Affairs meeting at 5:10 p.m.