Legislature(2023 - 2024)BELTZ 105 (TSBldg)

02/27/2024 03:30 PM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 223 ASSISTANT ADJUTANT GENERAL APPOINTMENT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 185 ESTABLISH AK MILITARY AFFAIRS COMMISSION TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 223-ASSISTANT ADJUTANT GENERAL APPOINTMENT                                                                       
                                                                                                                                
3:54:50 PM                                                                                                                    
CHAIR  KAWASAKI announced  the consideration  of SENATE  BILL NO.                                                               
223 "An Act relating to  the appointment of an assistant adjutant                                                               
general; and providing for an effective date."                                                                                  
                                                                                                                                
3:55:22 PM                                                                                                                    
CRAIG  CHRISTENSON, Deputy  Commissioner, Department  of Military                                                               
and  Veterans  Affairs (DMVA),  Anchorage,  Alaska,  said SB  223                                                               
would change the  requirement of five-year service  in the Alaska                                                               
National Guard for the assistant  adjutant general positions to a                                                               
preference.  There are  currently two  positions that  serve dual                                                               
roles: one  as the  commander of  the Army  National Guard  and a                                                               
state-level director, and  the other as the commander  of the Air                                                               
National Guard and a director.  DMVA found it necessary to expand                                                               
the  selection  pool  for  these   appointments.  By  making  the                                                               
requirement  a  preference,  it  helps   to  widen  the  pool  of                                                               
potential candidates.                                                                                                           
                                                                                                                                
3:56:46 PM                                                                                                                    
ANGELA LAFLAMME, Legislative Liaison,  Department of Military and                                                               
Veterans  Affairs   (DMVA),  Anchorage,  Alaska,   presented  the                                                               
sectional analysis for SB 223:                                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Sectional Analysis                                                                                     
           Senate Bill 223 Assistant Adjutant General                                                                         
                  Qualifications (33-GS2609\A)                                                                                
                                                                                                                                
     Section   1   amends   AS  26.05.180(a)   relating   to                                                                    
     headquarters  staff   of  the  Alaska   National  Guard                                                                    
     regarding   appointment   and   qualification   of   an                                                                    
     assistant adjutant general  by removing the requirement                                                                    
     for at least  five years of service in  the Alaska Army                                                                    
     National  Guard  or  Alaska   Air  National  Guard  and                                                                    
     replacing  it  with  language  providing  the  Adjutant                                                                    
     General  flexibility   when  appointing   an  assistant                                                                    
     adjutant  general   to  provide   a  preference   to  a                                                                    
     candidate with at least five years of service.                                                                             
                                                                                                                                
     Section  2  establishes  the  effective  date  of  this                                                                    
     legislation.                                                                                                               
                                                                                                                                
3:57:49 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  how   many  years   the  five-year                                                               
requirement has been in place.                                                                                                  
                                                                                                                                
3:58:07 PM                                                                                                                    
MR. CHRISTENSON offered  to return to the  committee with further                                                               
information.  He stated  his belief  that  it could  have been  a                                                               
decade or two.                                                                                                                  
                                                                                                                                
3:58:26 PM                                                                                                                    
SENATOR  WIELECHOWSKI  opined that  people  with  service in  the                                                               
Alaska National Guard should be  given preference over candidates                                                               
from other states who lack relevant experience.                                                                                 
                                                                                                                                
3:58:51 PM                                                                                                                    
CHAIR   KAWASAKI  concurred,   emphasizing   the  importance   of                                                               
prioritizing candidates  with Alaska training or  experience with                                                               
the Alaska National  Guard. He inquired about  the effective date                                                               
of the requirement.                                                                                                             
                                                                                                                                
3:59:32 PM                                                                                                                    
SENATOR CLAMAN  stated AS  06.26.05.180 was  the last  amended in                                                               
1973  and wondered  whether the  requirement was  adopted through                                                               
that amendment.                                                                                                                 
                                                                                                                                
4:00:14 PM                                                                                                                    
MR.  CHRISTENSON  replied that  in  the  Army National  Guard,  a                                                               
person  is  selected based  on  eligibility  for O-7.  Currently,                                                               
there are  twelve positions  for O-6,  including some  in medical                                                               
and non-combat  roles. He noted  that some individuals  are newly                                                               
promoted,   while   others   may   be   considering   retirement.                                                               
Transitioning from  the position of  Active Guard Reserve  to the                                                               
Assistant Adjutant General means becoming  a state employee and a                                                               
part-time guardsman, resulting in  a significant pay reduction of                                                               
$80 to $90  thousand dollars. While preference is  given to those                                                               
with  Alaska National  Guard experience,  widening the  candidate                                                               
pool is  necessary due to  individuals with diverse  career plans                                                               
and potential  candidates from  other states  who have  worked at                                                               
National Guard  bureaus. However,  the selection  must prioritize                                                               
the right fit for the role.                                                                                                     
                                                                                                                                
4:03:02 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if  there has  been an  issue filling                                                               
this position in the past 50 years.                                                                                             
                                                                                                                                
4:03:22 PM                                                                                                                    
MR. CHRISTENSON said the position is currently unfilled                                                                         
since DMVA has not been able to fill it.                                                                                        
                                                                                                                                
4:03:30 PM                                                                                                                    
SENATOR CLAMAN asked if someone ranked  as a colonel or higher in                                                               
the Air Force would be prohibited from hire under current law.                                                                  
                                                                                                                                
4:04:08 PM                                                                                                                    
MR. CHRISTENSON replied that a  candidate could not be brought on                                                               
as an  Assistant Adjutant General  unless they had five  years of                                                               
experience with the Alaska National Guard.                                                                                      
                                                                                                                                
4:04:20 PM                                                                                                                    
SENATOR  CLAMAN  asked  whether  individuals  with  20  years  of                                                               
experience  in the  federal  Air  Force or  Army  would still  be                                                               
required to serve  five years in the Alaska National  Guard to be                                                               
considered.                                                                                                                     
                                                                                                                                
4:04:29 PM                                                                                                                    
MR. CHRISTENSON replied that is correct.                                                                                        
                                                                                                                                
4:04:38 PM                                                                                                                    
CHAIR  KAWASAKI  asked  if  Alaskan  residency  is  required  for                                                               
eligibility.                                                                                                                    
                                                                                                                                
4:04:58 PM                                                                                                                    
MS. LAFLAMME replied that statute  does not dictate that, and the                                                               
qualifications  for the  position of  a state  director would  be                                                               
consistent with those of any other state director.                                                                              
                                                                                                                                
4:05:23 PM                                                                                                                    
CHAIR KAWASAKI suggested that more research may be needed.                                                                      
                                                                                                                                
4:05:29 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  how  many  people   are  currently                                                               
eligible for the open position.                                                                                                 
                                                                                                                                
4:05:46 PM                                                                                                                    
MR.  CHRISTENSON replied  that  he believes  there are  currently                                                               
none who are eligible, but would report back to the committee.                                                                  
                                                                                                                                
4:06:02 PM                                                                                                                    
SENATOR  CLAMAN  asked whether  someone  with  no National  Guard                                                               
experience but  20 years of  experience with the Air  Force could                                                               
be hired under the proposed changes.                                                                                            
                                                                                                                                
4:06:34 PM                                                                                                                    
MS.  LAFLAMME replied  yes and  said a  candidate with  qualified                                                               
military   and   background   experience   could   meet   federal                                                               
requirements  without  having  five  years of  service  with  the                                                               
Alaska National Guard.                                                                                                          
                                                                                                                                
4:06:56 PM                                                                                                                    
CHAIR KAWASAKI  opened public testimony; hearing  none, he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
4:07:12 PM                                                                                                                    
CHAIR KAWASAKI said  he recently met General  Wilkins, a one-star                                                               
guardsman  from  the  11th  Airborne  in  Montana.  He  requested                                                               
written clarification on residency requirements.                                                                                
                                                                                                                                
4:07:44 PM                                                                                                                    
MS. LAFLAMME said in active  military, a candidate could still be                                                               
a resident  in their home state  and be stationed in  Alaska. She                                                               
said  she  is  uncertain  in   how  the  Montana  National  Guard                                                               
compares,  specifically if  a candidate  follows Title  10 orders                                                               
with the National  Guard to serve as a commander  in Alaska. That                                                               
individual could be on active duty  while still being a member of                                                               
the National Guard.                                                                                                             
                                                                                                                                
4:08:16 PM                                                                                                                    
SENATOR MERRICK  wondered why  anyone would want  to take  a huge                                                               
pay cut to get this promotion.                                                                                                  
                                                                                                                                
4:08:35 PM                                                                                                                    
MR.  CHRISTENSON  said many  people  in  the military  strive  to                                                               
advance to higher  levels of leadership. He  stated that reaching                                                               
the  top leadership  positions  in the  National  Guard, such  as                                                               
commander of  the Army  or Air Force,  represents a  promotion to                                                               
the rank  of general officer.  From there, they could  become the                                                               
Adjutant General  or pursue other  positions within  the National                                                               
Guard bureau  in Washington D.C. It  could be driven by  a career                                                               
shift, patriotism, or a professional goal.                                                                                      
                                                                                                                                
4:09:23 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked how  it  is  possible there  are  no                                                               
federally recognized individuals who meet these qualifications.                                                                 
                                                                                                                                
4:09:41 PM                                                                                                                    
MR. CHRISTENSON  replied that according to  statute, the position                                                               
requires a  field-grade officer.  Under federal  regulations, the                                                               
individual would need  to be eligible for a promotion  to the O-7                                                               
rank. While  there are many  field grade officers,  O-6 positions                                                               
are voluntary.  There are currently  no individuals who  have met                                                               
the requirements for promotion to  that board. Those who have met                                                               
the requirements may be among those considering retirement.                                                                     
                                                                                                                                
4:10:58 PM                                                                                                                    
SENATOR  WIELECHOWSKI expressed  that  he  is uncomfortable  with                                                               
allowing an  out-of-state individual  who has never  stepped foot                                                               
in Alaska to  fill this position. He opined that  SB 168 opens it                                                               
up to that  possibility and asked if that could  occur under this                                                               
bill.                                                                                                                           
                                                                                                                                
4:11:32 PM                                                                                                                    
MR. CHRISTENSON replied it is  technically possible. However, the                                                               
hiring for this  position is taken seriously  and requires highly                                                               
qualified  candidates.   He  expressed  confidence  that   it  is                                                               
unlikely for  someone who has  never been  to Alaska to  fill the                                                               
role.                                                                                                                           
                                                                                                                                
4:12:01 PM                                                                                                                    
MS. LAFLAMME  added that  the statute  for hiring  an appointment                                                               
for the  position includes  residency as  a preference.  She said                                                               
the hiring process  to replace the Adjutant  General is difficult                                                               
given the strict qualifications.                                                                                                
                                                                                                                                
4:12:31 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if she  would consider an amendment to                                                               
require five years of Alaska residency.                                                                                         
                                                                                                                                
4:12:45 PM                                                                                                                    
MS. LAFLAMME replied that her only  concern is if someone were in                                                               
active  military  in  Alaska  for  only  three  years,  it  would                                                               
disqualify  them  for  the position  unless  they  changed  their                                                               
residency prior to leaving active service.                                                                                      
                                                                                                                                
4:13:18 PM                                                                                                                    
CHAIR  KAWASAKI asked  if  this  role requires  someone  to be  a                                                               
resident of Alaska.                                                                                                             
                                                                                                                                
4:13:31 PM                                                                                                                    
MS. LAFLAMME replied that the  position appointed by the governor                                                               
adheres to  the same  requirements as  any other  commissioner. A                                                               
candidate must have military service  and be federally recognized                                                               
at the level of general grade officer to be in that position.                                                                   
                                                                                                                                
4:13:59 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:14:20 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
4:14:24 PM                                                                                                                    
SENATOR CLAMAN referred to subsection  AS 26.05.160, which states                                                               
to be  eligible for the appointment,  a person must be  a citizen                                                               
of the state and federally  recognized as a general grade officer                                                               
for  the Alaska  National Guard,  or comprise  the qualifications                                                               
necessary to obtain federal recognition.                                                                                        
                                                                                                                                
4:15:03 PM                                                                                                                    
SENATOR MERRICK  asked if  there is a  definition for  citizen of                                                               
Alaska.                                                                                                                         
                                                                                                                                
4:15:17 PM                                                                                                                    
SENATOR CLAMAN replied ___.                                                                                                     
                                                                                                                                
4:15:26 PM                                                                                                                    
CHAIR KAWASAKI asked whether the  role pertains to the individual                                                               
who  assumes the  position of  Adjutant General  when it  becomes                                                               
vacant.                                                                                                                         
                                                                                                                                
4:15:47 PM                                                                                                                    
MR.  CHRISTENSON  replied  not  necessarily. He  said  while  the                                                               
governor  may consider  the Assistant  Adjutant General  when the                                                               
position  of   Adjutant  General   becomes  vacant,  it   is  not                                                               
guaranteed.                                                                                                                     
                                                                                                                                
4:16:02 PM                                                                                                                    
CHAIR KAWASAKI commented that the head of agency for DMVA is                                                                    
subject to legislative confirmation.                                                                                            
                                                                                                                                
4:16:40 PM                                                                                                                    
CHAIR KAWASAKI held SB 223 in committee.                                                                                        

Document Name Date/Time Subjects
02.08.24 DMVA Staff Qualifications Senate Transmittal Letter.pdf SSTA 2/27/2024 3:30:00 PM
SB 223
SB0223-1-2-021224-MVA-Fiscal Note.pdf SSTA 2/27/2024 3:30:00 PM
SB 223
SB0223A.pdf SSTA 2/27/2024 3:30:00 PM
SB 223
SB223 Sectional Analysis version A.pdf SSTA 2/27/2024 3:30:00 PM
SB 223
SB 185 Full Text.pdf SSTA 2/27/2024 3:30:00 PM
SB 185
SB 185 Sectional Analysis.pdf SSTA 2/27/2024 3:30:00 PM
SB 185
SB 185 Sponsor Statement.pdf SSTA 2/27/2024 3:30:00 PM
SB 185
SB 185 Supporting Documentation.pdf SSTA 2/27/2024 3:30:00 PM
SB 185
SB 185.Fiscal Note.Gov.pdf SSTA 2/27/2024 3:30:00 PM
SB 185
030624 SSTA DMVA Answers from SB 223 Bill Hearing 022724.pdf SSTA 2/27/2024 3:30:00 PM
SB 223