Legislature(1999 - 2000)

04/06/2000 03:36 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             SB 238-MEMBERS OF ALASKA STATE MILITIA                                                                             
MS. CARROLL stated SB 238 clarifies how the Alaska State Militia                                                                
will be paid during State active duty.  SB 238 would mandate the                                                                
Alaska State Militia be paid as State employees according to the                                                                
work.  Prior to SB 238, DMVA were paying the Alaska State Militia                                                               
in the same manner as the Alaska National Guard.  The Department of                                                             
Law contacted DMVA and informed them that it was an incorrect                                                                   
method.  If the Alaska State Militia is called for duty, they are                                                               
hired as emergency employees.  That does disrupt the military                                                                   
command structure, and it questions their regular job protection.                                                               
SB 238 is a method of payment for the Alaska State Militia when                                                                 
called to State active duty only.                                                                                               
VICE CHAIR GREEN asked if this is the method that DMVA was advised                                                              
to use.                                                                                                                         
MS. CARROLL stated this is the easiest way to pay these employees,                                                              
and provide for regular job protection.                                                                                         
GENERAL THOMAS WESTALL, Brigadier General for the Alaska State                                                                  
Defense Force, stated since 1984, the Alaska State Defense Force                                                                
(ASDF) has been the principle responder to emergencies and                                                                      
disasters in the State.  ASDF is a State troop, therefore, they do                                                              
not need federal authorization to maneuver.  ASDF can maneuver on                                                               
the order of the Governor and the Adjutant General.  SB 238                                                                     
clarifies the question in payment for ASDF.  ASDF is not a federal                                                              
task force and the Department of Justice determined ASDF should not                                                             
be paid in the same manner as a federal task force.                                                                             
SENATOR ELTON asked what the structure of command is for the ASDF.                                                              
MS. CARROLL replied some confusion arose about whose disciplinary                                                               
action the ASDF falls under.  SB 238 would clarify that ASDF would                                                              
be under military discipline, and have regular job protection.  Ms.                                                             
Carroll referred to Title 26.                                                                                                   
SENATOR ELTON asked if the disciplinary structure in place for DMVA                                                             
was standard.                                                                                                                   
MR. CHRISTENSEN stated ASDF is under the State regulations.                                                                     
GENERAL WESTALL stated ASDF are brought into service under the                                                                  
Governor and State regulations.  ASDF does not function under                                                                   
federal military control.  When ASDF is called into active duty,                                                                
ASDF operates under the Uniform Code of Military Justice and the                                                                
discipline prescribed by Congress that all militias of the United                                                               
States must comply with.  Title 26 of the Alaska statute compels                                                                
people in ASDF to report for duty, but Title 26 provides statutory                                                              
protection for those people to leave their regular jobs and report                                                              
for duty.                                                                                                                       
SENATOR PHILLIPS moved SB 238 out of committee with individual                                                                  
recommendations.  Without objection, the motion carried.                                                                        

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