Legislature(2005 - 2006)BELTZ 211
03/29/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB59 | |
| SB132 | |
| SB143 | |
| SB26 | |
| HJR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 26 | TELECONFERENCED | |
| *+ | SB 59 | TELECONFERENCED | |
| + | HJR 8 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 132 | ||
| = | SB 143 | ||
SB 59-PFD ALLOWABLE ABSENCE FOR DIPLOMATS
CHAIR GENE THERRIAULT announced SB 59 to be up for
consideration.
3:58:17 PM
SENATOR FRED DYSON, sponsor, explained that SB 59 adds diplomats
serving in the U.S. Foreign Service to the list of people who
qualify for an allowable absence for purposes of continuing to
receive a Permanent Fund dividend while living outside of
Alaska. Thirty Alaskans might be serving in this category.
CHAIR THERRIAULT referenced the fiscal note and asked how he
proposed to define and limit "diplomat."
4:00:45 PM
LUCKY SCHULTZ, Staff to Senator Dyson, said it would be a
Foreign Service officer or a specialist on active duty with the
U.S. Department of State.
CHAIR THERRIAULT questioned whether the definition is currently
in statute or would it be developed under regulation.
MR. SCHULTZ said the proposal is to provide a definition in
either the new or an additional section.
CHAIR THERRIAULT asked if the drafter advised that there was no
definition for the term.
SCHULTZ answered no.
CHAIR THERRIAULT pointed out that legislators frequently receive
requests to include different categories of individuals to the
allowable absence list and he has a strong view on the issue. He
wasn't sure how the sponsor would prevent a sort of "Christmas
treeing of the idea."
SENATOR DYSON acknowledged it's a legitimate concern.
CHAIR THERRIAULT asked if these individuals reside in Alaska
when they aren't assigned elsewhere.
SENATOR DYSON said he assumes that they maintain a voting
address here and use Alaska as a residence of record. When not
assigned they return to the state.
4:04:27 PM
SENATOR THOMAS WAGONER said he doesn't object to the bill but
he'd like sideboards requiring the funds be placed in a special
account until the individual returns and establishes the fact
that he/she is going to reside in the state.
CHAIR THERRIAULT said that discussion was held for college
students that went out of state for school. The legal advice was
that if you make the determination that the individual is
eligible, it's a property right and there is no ability to deny
access.
SENATOR WAGONER responded we should ask the legal minds to give
us a method that will work instead of a reason why it won't.
SENATOR BETTYE DAVIS asked the sponsor if he is aware of any
individuals who previously served in the U.S. Foreign Service
and now reside in Alaska.
SENATOR DYSON replied he probably does but he couldn't think of
anyone right then.
CHAIR THERRIAULT advised that he wanted to work with the
sponsor's staff on the definition for "diplomat."
SENATOR DYSON said he understood that a diplomat was going to
call in from Mexico.
4:07:49 PM
JOEL KOPP testified that he is a Foreign Service officer working
in Monterrey Mexico. He was born, went to school, and worked in
Alaska before joining the Foreign Service. Up to that time he
qualified for and received every Permanent Fund dividend that
was issued.
He said he is testifying to communicate that denying the
Permanent Fund dividend because he and other Alaskans are in
diplomatic service is inconsistent with what appears to be the
values of the PFD program as evidenced by the list of absences
that are allowed.
Military personnel and congressional staffers are apparently
included because they have chosen a profession of high service
to the U.S. that requires absence from the state. He said
diplomats consider it an honor to represent the U.S. government
abroad and Alaska should be proud of its residents who have
achieved that profession. Support should be expressed tangibly
by not denying a dividend.
It's important to realize that he isn't a resident of another
state. If he's not an Alaskan then he's stateless because if
Alaska doesn't treat him as a resident there is certainly no
other state that would do so.
The argument put forth that diplomats should be excluded because
they don't need the money is unsustainable. The PFD program has
always been about equal treatment for Alaskans. It doesn't
matter how much money you have or don't have.
Another argument is that if the program is open to Foreign
Service personnel it would open the door for other groups. His
response is that there may or may not be other groups that
should be included in the PFD program. Offering that as a reason
is a red herring, he said. Each group should be evaluated on
merit.
Alaska Foreign Service personnel are a small group that has
little political power. However, they serve and represent Alaska
in a way that would make Alaska proud.
He thanked Senator Dyson for sponsoring the bill.
4:13:48 PM
CHAIR THERRIAULT asked if he was hired directly out of Alaska.
MR. KOPP said yes, the State Department paid for his move from
Kenai.
CHAIR THERRIAULT asked if his tour of duty that has a definite
end date after which he would be required to move back to the
U.S.
MR. KOPP explained that when you're in the Foreign Service your
tour of duty is either in a foreign country or in Washington DC.
Tours always have a definite time and between tours the diplomat
is allowed home-leave and by congressional law you must return
to your home. He said he would be back in Alaska this coming
summer.
CHAIR THERRIAULT asked if his next tour of duty would be in
Washington DC.
MR. KOPP said it would, but there is no standard regarding where
you would go.
CHAIR THERRIAULT asked if his family was with him.
MR. KOPP answered yes, he's married with three sons.
SENATOR CHARLIE HUGGINS asked when he joined the Foreign
Service.
JOEL replied his hiring date was 2002.
SENATOR HUGGINS asked if there was any doubt when he joined
about whether or not he would receive the Permanent Fund.
MR. KOPP said, "I wanted to be denied the dividend just to have
that as the listed reason as the refusal..." He said he
continued to apply and then once he moved over seas he was
denied.
SENATOR HUGGINS said then when you left Alaska you understood
you wouldn't receive the dividend.
MR. KOPP replied he realized that was almost a certainty.
SENATOR DYSON said his argument for sponsoring the bill is that
a condition of the job makes it difficult to impossible to
return to the state every 180 days to maintain the
qualification. He asked if that is true.
MR. KOPP agreed it is virtually impossible.
4:18:16 PM
SENATOR THOMAS WAGONER asked how military personnel are treated.
CHAIR THERRIAULT stated that military service is an allowable
absence.
SENATOR WAGONER asked if there weren't sideboards limiting the
number of years.
CHAIR THERRIAULT replied they must remain in active duty and
after a certain number of years the requirement becomes more
difficult.
SENATOR WAGONER suggested reviewing the requirements because
there is a parallel. Both entail reassignments away from home
base.
SENATOR DYSON said that's what we're amending. He directed
attention to item 3 at the bottom of page 1 and the top of page
2, the additions in the old Section 14, and the renumbered
Section 15.
MR. KOPP agreed there are a lot of parallels between the
military and diplomatic service.
4:20:26 PM
SENATOR HUGGINS suggested there are differences. He asked Mr.
Kopp if he carries a weapon.
MR. KOPP answered no.
SENATOR HUGGINS asserted the differences outweigh the
similarities.
4:21:18 PM
CHAIR THERRIAULT announced he would hold SB 59.
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