Legislature(2003 - 2004)
04/17/2003 09:04 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 148
"An Act relating to allowable absences for certain members of
the armed forces and their spouses and dependents for purposes
of eligibility for permanent fund dividends; and providing for
an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated this bill sponsored by Senator Cowdery
"amends the State statute governing allowable absences for the
permanent fund dividend for members of the United States armed
forces."
MARK RIEHLE, Staff to Senator Cowdery, testified this legislation
is a "correction of an oversight" in allowable permanent fund
dividend absences. He shared that a discrepancy arose in the
instance of a 20-year Alaska resident and member of the Navy
Reserve who was activated to military service following the
terrorist events of September 11, 2001. This resident, Mr. Riehle
reported, was recently denied a dividend after serving overseas for
ten months and upon return to the country, spending seven weeks in
California caring for his quadriplegic brother. Mr. Riehle pointed
out the time spent on active military duty is an allowable absence
and that under normal circumstances a seven week absence from the
State is also allowable. However, he stated that because the seven-
week absence immediately followed discharge from active duty, the
resident was disqualified from receiving a dividend. He explained
this is due to separate requirements applied to military personal
that require a resident to return to Alaska within 45 days of
discharge.
Mr. Riehle requested the Committee join Senator Cowdery "in
sponsoring this cause in demonstrating your patriotic thank you to
the members of the Reserves, the Guards, and those in active duty
military."
KIERKE KUSSART testified as a private citizen although she is
employed by the Permanent Fund Dividend Division. She stated the
argument that because civilians are allowed to be absent 180 days
during a qualifying year, military personnel should be granted the
same allowance.
Ms. Kussart referenced a handout titled, "A brief overview of PFD
rules pertaining to SB 148," which reads as follows.
Civilian (no special circumstances)
Can be gone up to 180 days in a calendar year for any reason
as long as home is maintained in state (own, rent, storage)
and residency ties are not created in other states.
Military Active Duty
Must have AK as home of record.
Can be gone a whole year - must return for 3 days every 2
years minimum.
After 5 years absence must have 30 days in AK.
Does not have to maintain home in AK.
Can obtain other states drivers license, vehicle registration,
resident hunting and fishing licenses.
Can purchase home in another state.
Spouse can work full time in another state.
Once out of AK for over 180 days in a calendar year only 45
days can be for non-military reasons.
Main Points
1. Discharge is a scheduled event and can be planned for. Upon
discharge the military will ship the applicant's belongings
to any address the applicant chooses.
2. Once returns to civilian status the applicant may have many
more ties to outside than to AK. Needs to return to fulfill
statement of intent.
3. In my opinion six months is an excessive amount of time for
a move back to AK, especially since military members are
used to moving without much notice. Now that they are free
from military obligation it is time to come home.
SFC 03 # 59, Side B 09:52 AM
Ms. Kussart opined that six months is an excessive amount of time
to be absent from Alaska for discharged military personnel who have
possibly established residency in another state. She suggested two
or three months was adequate.
Senator Cowdery commented that military personnel should be given
some freedoms when not on active duty.
Senator Bunde clarified that while on active duty, military
personnel could be absent from the State more than 180 but that
only 45 of those days could be for non-military activities.
Ms. Kussart affirmed.
Senator Cowdery indicated he had been unaware of the 45-day absence
limitation.
Ms. Kussart noted for the record that she was on leave status from
the State during this hearing.
Senator Olson asked the percentage of military personnel who become
ineligible for the permanent fund dividend after leaving military
duty.
Ms. Kussart did not have that information as a private citizen and
indicated the Division could provide it upon request.
Senator B. Stevens pointed out the matter addresses two different
types of active duty. He listed one as regular military personnel
serving on active duty and the other as reservists or National
Guard members called to deployment. He told of a reservist residing
in his district who was deployed and is now "facing a similar
challenge" in eligibility for Public Employees Retirement System
(PERS) benefits. He asked whether the differences could be defined
in statute.
Senator Cowdery learned this situation is a rare occurrence. He
shared that the Department had suggested granting discretionary
authority to the commissioner to grant exceptions; however, Senator
Cowdery indicated he does not favor this option.
Senator B. Stevens expressed that a distinction must be made.
Senator Cowdery stated the intent of the legislation would apply to
those military personnel on active duty and that no specific
distinction was made.
Senator B. Stevens stressed the issue is that the resident in
question was not on active duty but rather a reservist who was
deployed. He stated that if the resident had not been deployed, his
seven-week absence would not have disqualified him from receiving a
dividend.
Senator Taylor remarked that this resident should have been treated
as any other citizen. He agreed with Senator B. Stevens that a
distinction should be made. He surmised that this affects many
residents, as many reservists have been deployed.
Co-Chair Wilken ordered the bill HELD in Committee.
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