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  commented that  it seems likes  people with                                                               
service  in the  Alaska  National Guard  and  Air National  Guard                                                               
should receive  preference over candidates from  other states and                                                               
others without experience.                                                                                                      
                                                                                                                                
3:58:51 PM                                                                                                                    
CHAIR   KAWASAKI  concurred,   emphasizing   the  importance   of                                                               
prioritizing candidates  with Alaska training or  experience with                                                               
the Alaska National Guard.                                                                                                      
                                                                                                                                
3:59:32 PM                                                                                                                    
SENATOR  CLAMAN stated  the last  time AS  06.26.05.180 was  last                                                               
amended in  1973, so  the 5-year requirement  has existed  for at                                                               
least 50 years.                                                                                                                 
                                                                                                                                
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  which limits  the applicant  pool to  four                                                               
guardsmen.  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 the  National Guard has experienced                                                               
issues filling the positions in the past 50 years.                                                                              
                                                                                                                                
4:03:22 PM                                                                                                                    
MR. CHRISTENSON said DMVA is unable to fill the currently                                                                       
vacant position.                                                                                                                
                                                                                                                                
4:03:30 PM                                                                                                                    
SENATOR CLAMAN  asked whether the position  of Assistant Adjutant                                                               
General could legally  be filled by a U.S. Air  Force colonel, or                                                               
higher, stationed in Alaska.                                                                                                    
                                                                                                                                
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 state  director  would  be                                                               
consistent with  those of  any other  state director.  She stated                                                               
her  belief  that  employment  with the  state  of  Alaska  would                                                               
require residency.                                                                                                              
                                                                                                                                
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 stated  his belief that currently no  one, but he                                                               
would contact personnel and report back to the committee.                                                                       
                                                                                                                                
4:06:02 PM                                                                                                                    
SENATOR  CLAMAN  asked whether  someone  with  no National  Guard                                                               
experience  but has  20 years  of  experience with  the U.S.  Air                                                               
Force  and their  last five  years  served in  Alaska, could  the                                                               
National  Guard hire  them as  the assistant  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 on SB  223; hearing none,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
4:07:12 PM                                                                                                                    
CHAIR KAWASAKI said  he recently met General  Wilkins, a one-star                                                               
general from  the 11th Airborne  as well  as a guardsman  for the                                                               
Montana  National Guard.  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 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 field-grade  commissioned officers with five                                                               
years' experience.                                                                                                              
                                                                                                                                
4:09:41 PM                                                                                                                    
MR. CHRISTENSON  replied that according to  statute, the position                                                               
requires  a   field-grade  officer,   which  would   mean  major,                                                               
lieutenant colonel,  or colonel.  Under federal  regulations, the                                                               
individual would need  to be eligible for a promotion  to the O-7                                                               
rank, which  means an O-6  general officer. 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 223 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                                                               
of  adjutant  general  of  the Alaska  National  Guard  has  this                                                               
preference. So,  theoretically that  could be the  same situation                                                               
that we  find ourselves  in right now  under the  current statute                                                               
and  it makes  it very  difficult for  hiring the  next level  to                                                               
potential replace the  assistant or the adjutant  general with an                                                               
assistant  adjutant general  to have  those strict  qualification                                                               
there and it be open at the higher level."                                                                                      
                                                                                                                                
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  whether an  adjutant  general  must  have                                                               
residency in 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                                                               
as a general grade officer to  hold that position. Other than the                                                               
federal  requirements,   they  would   have  to  meet   the  same                                                               
requirements to  be appointed as  the executive principal  of the                                                               
department.                                                                                                                     
                                                                                                                                
4:13:59 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:14:20 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
                                                                                                                                
4:14:24 PM                                                                                                                    
SENATOR  CLAMAN quoted  AS  26.05.160 (a),  "To  be eligible  for                                                               
appointment as  adjutant general, a  person must be a  citizen of                                                               
the  state  and  must  be a  federally  recognized  general-grade                                                               
officer in  the Alaska National Guard  or an officer who  has the                                                               
qualifications  to   gain  federal  recognition."  He   said  the                                                               
provision about citizens of the state is not in AS 26.05.180.                                                                   
                                                                                                                                
4:15:03 PM                                                                                                                    
SENATOR MERRICK  asked if  there is a  definition for  citizen of                                                               
Alaska.                                                                                                                         
                                                                                                                                
4:15:17 PM                                                                                                                    
SENATOR CLAMAN replied [undiscernible]                                                                                          
                                                                                                                                
4:15:26 PM                                                                                                                    
CHAIR  KAWASAKI  asked  whether the  assistant  adjutant  general                                                               
ascends  to the  position  of adjutant  general  if the  position                                                               
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  as head of  the agency  for DMVA,                                                               
the  adjutant   general  position   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