Legislature(2023 - 2024)GRUENBERG 120

01/31/2023 03:00 PM House STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 48 HUMAN RIGHTS COMMISSION ANNUAL REPORT TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 25 PFD ELIGIBILITY UNIFORMED SERVICES TELECONFERENCED
Heard & Held
-- Public Testimony --
           HB  25-PFD ELIGIBILITY UNIFORMED SERVICES                                                                        
                                                                                                                                
3:25:13 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that the  final only order of business would                                                               
be HOUSE  BILL NO. 25,  "An Act  relating to eligibility  for the                                                               
permanent fund dividend; and providing for an effective date."                                                                  
                                                                                                                                
3:25:43 PM                                                                                                                    
                                                                                                                                
SETH  WHITTEN, Staff,  Representative  Andi  Story, Alaska  State                                                               
Legislature, on  behalf of  Representative Story,  prime sponsor,                                                               
introduced HB  25.  He  paraphrased the sponsor  statement, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     The uniformed services of the  United States consist of                                                                    
     the  armed  services  (Army, Navy,  Air  Force,  Marine                                                                    
     Corps, Space Force, and Coast Guard), National Oceanic                                                                     
     and  Atmospheric   Administration  (NOAA)  Commissioned                                                                    
     Officer  Corps,  and  the  Commissioned  Corps  of  the                                                                    
     United  States Public  Health Service  (USPHS). Members                                                                    
     of the uniformed services are  all treated similarly in                                                                    
     pay,  benefits,  and  rank. NOAA  Commissioned  Officer                                                                    
     Corps  and USPHS  Commissioned Corps  are eligible  for                                                                    
     Veterans Affairs  (VA) benefits, can be  members of the                                                                    
     Military  Officers Association  of America  (MOAA), and                                                                    
     can enroll  in higher  learning institutions  using the                                                                    
     GI Bill. Officers of the  armed services salute higher-                                                                    
     ranking members of the  NOAA Commissioned Officer Corps                                                                    
     and USPHS  Commissioned Corpsmen, as they  would salute                                                                    
     a  higher-ranking member  of their  own,  or any  other                                                                    
     branch of the armed services.                                                                                              
                                                                                                                                
     Currently  there are  16  subsections  of statute  that                                                                    
     allow   Alaskans  to   maintain  eligibility   for  the                                                                    
     Permanent Fund  Dividend (PFD) if they  are absent from                                                                    
     the  state for  different reasons.  Reasons like  post-                                                                    
     secondary education,  serving in  the Peace  Corps, and                                                                    
     participating  on   a  U.S.  Olympic   Team.  Remaining                                                                    
     eligible  for the  PFD while  serving  our country  has                                                                    
     been a long-time policy of Alaska. However, these                                                                          
     two  groups  of the  uniformed  services  of the  Unite                                                                    
     States  are   not  permitted  allowable   absences  for                                                                    
     purposes  of  PFD  eligibility.  House  Bill  25  would                                                                    
     extend  these allowable  absences  for  members of  the                                                                    
     NOAA Commissioned Officer  Corps and USPHS Commissioned                                                                    
     Corps as they serve our country.                                                                                           
                                                                                                                                
     HB 25  does not  change other  eligibility requirements                                                                    
     for the  PFD. It allows Alaskans  serving their country                                                                    
     in  the  NOAA  Commissioned  Officers  Corps  and  U.S.                                                                    
     Public  Health  Service  Commissioned Corps  to  remain                                                                    
     eligible for  the PFD if their  duties require absences                                                                    
     that are allowable for Alaskans  in the other uniformed                                                                    
     services groups.                                                                                                           
                                                                                                                                
CHAIR SHAW commenced invited testimony.                                                                                         
                                                                                                                                
3:28:22 PM                                                                                                                    
                                                                                                                                
DAVID WILKINSON, Lieutenant,  Commissioned Corpsman, Commissioned                                                               
Corps  of the  U.S.  Public Health  Service  (USPHS), shared  his                                                               
personal background and work history.   He noted that he moved to                                                               
Alaska in  1997 and  remained in  the state  until he  joined the                                                               
U.S. Air  Force in 2005.   At that point,  he moved out  of state                                                               
for  three  years  while maintaining  his  Alaska  residency  and                                                               
continuing  to receive  the dividend.   In  2008, he  returned to                                                               
Alaska  until   2016,  at  which   point  he  joined   the  USPHS                                                               
Commissioned Corps and was sent out  of state.  He explained that                                                               
initially, he received the Permanent  Fund Dividend (PFD) in 2017                                                               
and  2018.   In  2019,  his PFD  application  was  denied due  to                                                               
ineligibility.    The explanation  provided,  he  said, was  that                                                               
USPHS  was a  uniformed  service,  not the  armed  services.   He                                                               
pointed  out  that  both the  National  Oceanic  and  Atmospheric                                                               
Administration   (NOAA)   Commissioned   Corps  and   the   USPHS                                                               
Commissioned Corps  were allowed to maintain  residency in Alaska                                                               
if they  were gone for more  than 180 days, similar  to the armed                                                               
services;   however,  NOAA   and  USPHS   officers  were   deemed                                                               
ineligible for the  dividend, while members of  the armed service                                                               
remained eligible the PFD.  He  further noted that USPHS and NOAA                                                               
Commissioned Corps  officers were legally classified  as veterans                                                               
and therefore,  entitled to the  same benefits as members  of the                                                               
armed  services.    Furthermore,  since his  time  in  the  USPHS                                                               
Commissioned  Corps,  Lieutenant  Wilkinson shared  that  he  had                                                               
deployed five times  in six years.  He  concluded by highlighting                                                               
the mission of USPHS.                                                                                                           
                                                                                                                                
3:34:25 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW asked  how the ranking system worked  within the USPHS                                                               
Commissioned Corps.                                                                                                             
                                                                                                                                
LIEUTENANT WILKINSON defined  the ranking system as  "the same as                                                               
the officer  rank."  He  added that  the Navy, Coast  Guard, NOAA                                                               
Commissioned  Corps, and  USPHS Commissioned  Corps all  utilized                                                               
the same  ranking structure.   In contrast, the Army,  Air Force,                                                               
and  the Marine  Corps  shared the  same  insignia; however,  the                                                               
names are different, he said.   For example, a captain in the Air                                                               
Force was "O-3" while a captain in the Navy was "O-6."                                                                          
                                                                                                                                
3:36:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  asked whether Lieutenant Wilkinson  held a                                                               
noncommissioned rank within the USPHS Commissioned Corps.                                                                       
                                                                                                                                
LIEUTENANT  WILKINSON reported  that his  rank was  commissioned.                                                               
He said  his current military rank  was that of a  lieutenant, or                                                               
"O-3."                                                                                                                          
                                                                                                                                
REPRESENTATIVE  ALLARD asked  whether there  were noncommissioned                                                               
officers within the USPHS Commissioned Corps.                                                                                   
                                                                                                                                
LIEUTENANT WILKINSON  stated that civilians were  allowed to work                                                               
for  USPHS; however,  all commissioned  officers were  on active-                                                               
duty status.                                                                                                                    
                                                                                                                                
3:37:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  inquired  about  the  PFD  eligibility                                                               
requirements for active-duty service  members serving outside the                                                               
state of Alaska.                                                                                                                
                                                                                                                                
LIEUTENANT  WILKINSON shared  his understanding  that members  on                                                               
active duty must  return to Alaska for at least  three days every                                                               
two years to maintain Alaska residency.                                                                                         
                                                                                                                                
REPRESENTATIVE CARPENTER  shared a  personal anecdote.   He asked                                                               
how many Alaskans would be affected by HB 25.                                                                                   
                                                                                                                                
LIEUTENANT   WILKINSON  reported   an  approximate   6,000  USPHS                                                               
officers and 300 NOAA Commissioned  Corps officers on active duty                                                               
in Alaska.                                                                                                                      
                                                                                                                                
3:39:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WRIGHT  asked  whether USPHS  Commissioned  Corps                                                               
deployments were voluntary and how long they typically lasted.                                                                  
                                                                                                                                
LIEUTENANT  WILKINSON said  the  deployments  were typically  one                                                               
month long and involuntary.                                                                                                     
                                                                                                                                
3:41:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD inquired about  the date of Mr. Wilkinson's                                                               
most recent trip back to Alaska.                                                                                                
                                                                                                                                
LIEUTENANT  WILKINSON answered  three years  ago, noting  that he                                                               
currently lived in Florida.                                                                                                     
                                                                                                                                
REPRESENTATIVE   ALLARD  sought   to   clarify  the   eligibility                                                               
requirements for the uniformed services.                                                                                        
                                                                                                                                
LIEUTENANT WILKINSON said  if HB 25 had been enacted  in 2019, he                                                               
would have qualified for the dividend.   He clarified that he had                                                               
not  returned to  Alaska  in the  past several  years,  so he  no                                                               
longer qualified for the PFD.                                                                                                   
                                                                                                                                
REPRESENTATIVE  ALLARD urged  him  to continue  applying for  the                                                               
dividend to avoid "getting lost in the system."                                                                                 
                                                                                                                                
3:43:07 PM                                                                                                                    
                                                                                                                                
MR.  WHITTEN noted  that  staff from  the  Department of  Revenue                                                               
(DOR) was available to answer questions from the committee.                                                                     
                                                                                                                                
3:43:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  inquired about  the role and  impact of                                                               
USPHS members in Alaska.                                                                                                        
                                                                                                                                
LIEUTENANT WILKINSON attempted to clarify the question.                                                                         
                                                                                                                                
REPRESENTATIVE ARMSTRONG  inquired about the role  of active-duty                                                               
USPHS  officers stationed  in Alaska,  such as  providing medical                                                               
care for the Coast Guard and the Indian Health Service (IHS).                                                                   
                                                                                                                                
LIEUTENANT  WILKINSON  confirmed  that USPHS  Commissioned  Corps                                                               
officers provided all  the medical and dental care  for the Coast                                                               
Guard in  Alaska.   He shared his  understanding that  they often                                                               
provided services in remote villages  across the state for IHS as                                                               
well.  He shared a personal anecdote.                                                                                           
                                                                                                                                
3:46:00 PM                                                                                                                    
                                                                                                                                
MR.  WHITTEN, in  response  to  Representative Armstrong's  prior                                                               
question  regarding  the  number   of  USPHS  Commissioned  Corps                                                               
officers  assigned  to duty  stations  in  Alaska, reported  that                                                               
there were currently  193, of which 50 percent  were stationed in                                                               
rural  areas   of  the  state   to  provide  healthcare   to  the                                                               
communities.                                                                                                                    
                                                                                                                                
CHAIR  SHAW  introduced  Sarah Tanja,  former  NOAA  Commissioned                                                               
Corps officer.                                                                                                                  
                                                                                                                                
3:46:58 PM                                                                                                                    
                                                                                                                                
SARAH TANJA  shared that her  PFD application was denied  in 2018                                                               
due  to a  period of  absence from  the state  for more  than 180                                                               
days.   She said  she appealed  the decision  and reached  out to                                                               
Representative  Story  with  a request  to  change  the  existing                                                               
statute  by incorporating  the uniformed  services of  the United                                                               
States  instead of  the  armed  services only.    She shared  her                                                               
personal  background  and  work   history  within  the  uniformed                                                               
services.   She offered, for the  committee's clarification, that                                                               
"corpsman"  was  defined as  medics  in  the uniformed  services,                                                               
whereas "the  NOAA Commissioned  Corps" was  a unit  of officers.                                                               
She proceeded  to recount  the origins  of the  NOAA Commissioned                                                               
Corps.  She discussed the  NOAA Commissioned Corps role in Alaska                                                               
and outlined its various missions.                                                                                              
                                                                                                                                
3:53:57 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  thanked Ms.  Tanja for  clarifying the  definition of                                                               
"corpsman" versus  "corps."  He asked  whether the administration                                                               
had taken  an official position on  the bill or had  any comments                                                               
to share.                                                                                                                       
                                                                                                                                
3:54:31 PM                                                                                                                    
                                                                                                                                
GENEVIEVE WOJTUSIK,  Director, Permanent Fund  Dividend Division,                                                               
DOR, said the division was neutral on the proposed legislation.                                                                 
                                                                                                                                
3:54:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  asked  how   many  Alaskans  would  be                                                               
impacted by the bill.                                                                                                           
                                                                                                                                
MS. WOJTUSIK did not know the answer.                                                                                           
                                                                                                                                
3:55:18 PM                                                                                                                    
                                                                                                                                
MR.  WHITTEN noted,  as a  point of  clarification, that  neither                                                               
invited testifier maintained a residency  of record in Alaska and                                                               
therefore, would not personally benefit  from the bill if it were                                                               
to pass.                                                                                                                        
                                                                                                                                
3:55:39 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW opened public testimony  on HB 25.  After ascertaining                                                               
that no one wished to testify, he closed public testimony.                                                                      
                                                                                                                                
3:56:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C. JOHNSON  asked for the list  of exemptions that                                                               
qualified a  person to  receive the  dividend while  being absent                                                               
from Alaska for longer than 180 days.                                                                                           
                                                                                                                                
3:57:28 PM                                                                                                                    
                                                                                                                                
SEAN IRELAND, Appeals Manager,  Permanent Fund Dividend Division,                                                               
DOR,  listed  the   following  exemptions:  full-time  education;                                                               
active-duty  members  of  the armed  forces;  merchant  mariners;                                                               
people receiving  continuous medical treatment;  people receiving                                                               
critical life-threatening  care; care-takers of  a terminally-ill                                                               
family member; selling  of an estate; members  of Congress; staff                                                               
to  members  of Congress;  state  employees  working in  a  field                                                               
office  or  other location;  accompanying  a  minor; Peace  Corps                                                               
volunteers;  Olympic  athletes;  and  participants  in  the  U.S.                                                               
Department of State Fellowship.                                                                                                 
                                                                                                                                
3:59:26 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that HB 25 would be held over.                                                                             

Document Name Date/Time Subjects
HB 48 Supporting Document - Human Rights Commission Resolution 12-13-22.pdf HSTA 1/31/2023 3:00:00 PM
HB 48
HB0048A.PDF HSTA 1/31/2023 3:00:00 PM
HB 48
HB 48 Sectional Analysis.pdf HSTA 1/31/2023 3:00:00 PM
HB 48
HB 48 Sponsor Statement.pdf HSTA 1/31/2023 3:00:00 PM
HB 48
HB 25 Version A.PDF HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Research About NOAA Commissioned Officers Corps 1.25.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Research About USPHS Commissioned Corps 1.25.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Sectional Analysis 1.25.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Research NOAA Research Scientist Profiles 1.25.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Sponsor Statement 1.27.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 25 Invited Testimony List 1.28.2023.pdf HSTA 1/31/2023 3:00:00 PM
HB 25
HB 48 - Sponsor Presentation.pdf HSTA 1/31/2023 3:00:00 PM
HB 48