Alaska

2023 Legislation

  • Senate Bill 71 / House Bill
    • Summary: An Act relating to pay for the Alaska State Defense Force; and providing for an effective date.
    • Status: Introduced on February 15 2023 – 25% progression
    • Action: 2023-04-14 – REFERRED TO FINANCE
    • Pending: Senate Finance Committee

CS FOR SENATE BILL NO. 71(STA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE – FIRST SESSION
BY THE SENATE STATE AFFAIRS COMMITTEE
Offered: 4/14/23 Referred: Finance
Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR

A BILL
FOR AN ACT ENTITLED
“An Act relating to pay for the Alaska State Defense Force; and providing for an
effective date.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 26.05.260(i) is amended to read:
(i) When active state service is authorized by the governor or by the adjutant general as the governor’s designee, members of the organized militia are entitled to receive, for each day of active service under AS 26.05.070, allowances to the same extent, in the same manner, and under the same conditions as provided for state officials and employees under AS 39.20.110 – 39.20.170. Except as provided in (n) of this section [HOWEVER], pay or allowances are not authorized for training or community service activities of members of the Alaska State Defense Force.

* Sec. 2. AS 26.05.260 is amended by adding a new subsection to read:
(n) Members of the Alaska State Defense Force may receive pay or
allowances for training or community service activities if the governor, or the adjutant general as the governor’s designee, authorizes the training or community service activity and specifies the reason for the training or community service activity and the source of funding for the pay or allowances in the authorization.
* Sec. 3. This Act takes effect July 1, 2023.

  • Senate Bill 43 / House Bill 39
    • Summary: An Act relating to health and personal safety education; and providing for an effective date.
    • Status: Engrossed on April 17 2023 – 50% progression
    • Action: 2023-04-19 – REFERRED TO FINANCE

(d) Annually, before the date set by the district under (e) of this section, each public school shall deliver to the department for posting on the department’s Internet website and provide, in a public meeting of parents, students, and community members, a report on the school’s performance and the performance of the school’s students. The report shall be prepared on a form prescribed by the department and must include

(10) information on the number, attendance, and performance of students enrolled in the school whose parents or guardians are on active duty in the armed forces of the United States, the United States Coast Guard, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Defense Force

  • Senate Bill 40
    • Summary: An Act making appropriations for the operating and loan program expenses of state government and for certain programs; capitalizing funds; amending appropriations; making reappropriations; making supplemental appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date.
    • Status: Introduced on January 18 2023 – 25% progression
    • Action: 2023-01-18 – REFERRED TO FINANCE
    • StateDefenseForce.com Assessment – Bill Died In Committee 

* * * * * Department of Military

**** *

**** *
and Veterans’ Affairs * * * * *

Alaska State Defense Force 2,500,000

2021 Legislation

  • No active 2021 legislation

 

Benefits

  • Members of the Alaska State Defense Force are not state employees. 11 However, compensation and benefits under AS 23.30 provided for in (d), (e), and (h) 12 of this section for members of the Alaska State Defense Force are provided as though 13 the member were a state employee.
  • When active state service is authorized by the governor for the purpose of 19 training or full-time duty with the office of the adjutant general, members of the 20 Alaska National Guard and Alaska Naval Militia are entitled to receive, for each day 21 of active state service, the same benefits provided for state employees under AS 39 so 22 long as the member would otherwise qualify for those benefits if the member were a 23 state employee.

PROTECTIONS:

  • An employer shall grant to an employee who is a member of the organized militia a leave of absence to perform active state service under AS 26.05.070.
  • When an employee is released from a period of active state service under AS 26.05.070 or discharged from hospitalization that arose from active state service, the employee is entitled to return to the employee’s former position, or a comparable position, at the pay, seniority, and benefit level the employee would have had if the employee had not been absent as a result of active state service.
  • If an employee is not qualified to perform the duties of the employee’s position as a result of permanent disability sustained because of the employee’s active state service but is qualified to perform the duties of another position with the employer, the employer shall offer an employee who requests reemployment the available, vacant position that most closely approximates the pay and benefits of the employee’s previous position and that the employee is qualified for and capable of performing.
  • A member of the organized militia who, while performing duties under AS 26.05.070 or training under AS 26.05.100 , including transit to and from the member’s home of record, suffers an injury or disability in the line of duty is entitled to all compensation and benefits available under AS 23.30 (Alaska Workers’ Compensation Act).  For a member of the Alaska State Defense Force, compensation and benefits under this subsection are provided as though the member were a state employee.
  • If a member of the organized militia dies as a result of an injury or disability suffered in the line of duty while performing duties under AS 26.05.070 or training under AS 26.05.100 , including transit to and from the member’s home of record, death benefits shall be paid to the persons in the amounts specified in AS 23.30.215 .  For a member of the Alaska State Defense Force, the death benefits under this subsection are provided as though the member were a state employee.  A person is not entitled to death benefits as specified in AS 23.30.215 for a member of the organized militia who dies as a result of an injury or disability suffered in the line of duty but who had not been ordered into active state service by the governor under AS 26.05.070 or ordered into training under AS 26.05.100 .
  • An employer shall grant to an employee who is a member of the organized militia a leave of absence to perform active state service under AS 26.05.070.
  • When an employee is released from a period of active state service under AS 26.05.070 or discharged from hospitalization that arose from active state service, the employee is entitled to return to the employee’s former position, or a comparable position, at the pay, seniority, and benefit level the employee would have had if the employee had not been absent as a result of active state service. An employee, other than an employee who has been hospitalized, shall report for work at the beginning of the workday following the last calendar day necessary to travel from the site of active state service to the employee’s work site. An employee who has been hospitalized shall report for work at the beginning of the workday following the last calendar day necessary to travel from the hospital or place of recuperation to the employee’s work site. If the employee fails to return to work at that time, the employer may impose whatever discipline is provided by the employer’s rules of conduct for unexcused absence from work.
  • If an employee is not qualified to perform the duties of the employee’s position as a result of permanent disability sustained because of the employee’s active state service but is qualified to perform the duties of another position with the employer, the employer shall offer an employee who requests reemployment the available, vacant position that most closely approximates the pay and benefits of the employee’s previous position and that the employee is qualified for and capable of performing. An employee loses the right to reemployment under this subsection unless the employee requests reemployment within 30 days after receiving a statement from the employee’s treating physician indicating both that the employee has reached maximum recovery and that the employee is released to return to full-time work.

TRAVEL:

  • Travel expenses can be covered by the State Government

Sources:

https://law.justia.com/codes/alaska/2016/title-26/chapter-26.05/article-01/section-26.05.075/

https://dmva.alaska.gov/ASDF/documents/regulation%20600.pdf

http://www.akleg.gov/basis/Bill/Text/30?Hsid=HB0150A

https://codes.findlaw.com/ak/title-26-military-affairs-veterans-disasters-and-aerospace/ak-st-sect-26-05-260.html

https://cdn.ymaws.com/www.roa.org/resource/resmgr/LawReviews/StateLaws/AK-2015-NG.pdf