Legislature(2021 - 2022)GRUENBERG 120
04/26/2022 03:00 PM House STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| HB142 | |
| HB271 | |
| HB396 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 66 | TELECONFERENCED | |
| += | HB 316 | TELECONFERENCED | |
| += | HB 142 | TELECONFERENCED | |
| += | HB 271 | TELECONFERENCED | |
| += | HB 309 | TELECONFERENCED | |
| += | HB 396 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 142-PFD ELIGIBILITY
6:06:07 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 142, "An Act relating to eligibility for
the permanent fund dividend." [Before the committee, adopted as
the working draft on 4/12/22, was the proposed CS for HB 142,
Version 32-LS0491\W, Nauman, 3/28/22, "Version W."]
6:06:44 PM
CHAIR KREISS-TOMKINS withdrew Amendment 1 to Version W, [labeled
32-LS0491\W.1, Nauman, 3/29/22], which was tabled during the
hearing on 4/12/22.
6:07:38 PM
REPRESENTATIVE EASTMAN moved to adopted Amendment 3 to Version
W, labeled 32-LS0491\W.3, Nauman, 3/29/22, which read:
Page 2, lines 19 - 20:
Delete ", as determined by the Alaska Commission
on Postsecondary Education,"
Insert "[, AS DETERMINED BY THE ALASKA COMMISSION
ON POSTSECONDARY EDUCATION,]"
Page 4, line 10:
Delete ", applies"
Insert "and AS 43.23.008(a), as amended by sec. 2
of this Act, apply"
[The committee treated the amendment as though it had not been
previously moved and tabled during the hearing on 4/12/22.]
CHAIR KREISS-TOMKINS objected. He invited Ms. Efrid to comment
on the proposed amendment.
6:08:07 PM
SANA EFRID, Executive Director, Alaska Commission on
Postsecondary Education (ACPE), said ACPE had no official
position on Amendment 3. Additionally, she directed attention
to Section 2, paragraph (2), confirming that ACPE had a process
in place for determining whether a comparable program was
reasonably available in the state for vocational, professional,
or other educational programs. She emphasized that the
commission followed the statute as directed by the legislature.
CHAIR KREISS-TOMKINS maintained his objection to Amendment 3.
REPRESENTATIVE EASTMAN suggested that it was a question of
whether that task should be the responsibility of ACPE. He
indicated that he was undecided and would leave it to the will
of the committee.
6:11:16 PM
A roll call vote was taken. No representatives voted in favor
of the motion to adopt Amendment 3. Representatives Tarr,
Story, Claman, Vance, Kaufman, Eastman, and Kreiss-Tomkins voted
against it. Therefore, Amendment 3 failed by a vote of 0-6.
6:12:01 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 4 to Version W,
labeled 32-LS0491\W.4, Nauman, 3/29/22, which read:
Page 2, line 23:
Delete "armed forces"
Insert "uniformed services [ARMED FORCES]"
Page 4, following line 7:
Insert a new bill section to read:
"* Sec. 3. AS 43.23.008(f) is amended to read:
(f) In [FOR PURPOSES OF (a)(7) OF] this section,
(1) "family member" means a person who is
(A) [(1)] legally related to the individual
through marriage or guardianship; or
(B) [(2)] the individual's sibling, parent,
grandparent, son, daughter, grandson, granddaughter,
uncle, aunt, niece, nephew, or first cousin;
(2) "uniformed service" means the Army,
Navy, Air Force, Marine Corps, Coast Guard, Space
Force, and the Commissioned Corps of the National
Oceanic and Atmospheric Administration and Public
Health Services."
Renumber the following bill sections accordingly.
Page 4, line 10:
Delete "applies"
Insert "AS 43.23.008(a), as amended by sec. 2 of
this Act, and AS 43.23.008(f), as amended by sec. 3 of
this Act, apply"
[The committee treated the amendment as though it had not been
previously moved and tabled during the hearing on 4/12/22.]
CHAIR KREISS-TOMKINS objected. He recalled that Amendment 4 was
tabled due to questions regarding what constituted deployment
for the Commissioned Corps of the National Oceanic and
Atmospheric Administration (NOAA) and Public Health Services.
He asked whether Representative Story or Representative Eastman,
who both offered to follow up on the matter, had any information
for the committee's consideration.
6:12:40 PM
REPRESENTATIVE STORY relayed that the members of Public Health
Services Commissioned Corps were "stationed somewhere and could
then be deployed for emergencies or any other reason, which is
similar to how it worked for members of the armed forces." She
reported that members of the NOAA Commissioned Officer Corps
were assigned to ships or shore locations and must go there to
remain in the service.
REPRESENTATIVE EASTMAN shared his understanding that the
different branches of the uniformed services were "not all
created equal." He pointed out that he had attempted to capture
similar language in several forthcoming amendments. He
expressed his hope that the committee would settle on the most
comprehensive language.
CHAIR KREISS-TOMKINS noted that he was more comfortable with the
language in Amendment 4. He invited Representative McCarty to
comment on the proposed amendment.
6:15:08 PM
REPRESENTATIVE KEN MCCARTY, Alaska State Legislature, prime
sponsor of HB 142, indicated that it was a policy at the
committee's discretion.
CHAIR KREISS-TOMKINS removed his objection to Amendment 4.
There being no further objection, Amendment 4 was adopted.
6:16:28 PM
CHAIR KREISS-TOMKINS moved to adopt Amendment 6 to Version W,
labeled 32-LS0491\W.6, Nauman, 3/29/22, which read:
Page 4, following line 7:
Insert a new bill section to read:
"* Sec. 3. AS 43.23.008(d) is amended to read:
(d) If [AFTER] an individual has been absent
from the state, including for a reason allowed under
(a) of this section, for more than 120 [180] days in
each of the five preceding qualifying years, the
department shall presume that the individual is no
longer eligible for a dividend [A STATE RESIDENT. THE
INDIVIDUAL MAY REBUT THIS PRESUMPTION BY PROVIDING
CLEAR AND CONVINCING EVIDENCE TO THE DEPARTMENT THAT
(1) THE INDIVIDUAL WAS PHYSICALLY PRESENT
IN THE STATE FOR AT LEAST 30 CUMULATIVE DAYS DURING
THE PAST FIVE YEARS; AND
(2) THE INDIVIDUAL IS A STATE RESIDENT AS
DEFINED IN AS 43.23.295]."
Renumber the following bill sections accordingly.
Page 4, line 10, following "APPLICABILITY.":
Insert "(a)"
Page 4, following line 11:
Insert "(b) AS 43.23.008(d), as amended by sec.
3 of this Act, applies to the permanent fund dividend
2028 qualifying year for the 2029 dividend year, and
thereafter.
* Sec. 5. Section 3 of this Act takes effect
January 1, 2028."
Renumber the following bill section accordingly.
Page 4, line 12:
Delete "This"
Insert "Except as provided in sec. 5 of this Act,
this"
REPRESENTATIVE CLAMAN objected for the purpose of discussion.
CHAIR KREISS-TOMKINS explained that Amendment 6 changed the
allowable absence exemption from 180 days to 120 days and
removed the rebuttable presumption. However, after further
discussion with the Permanent Fund Dividend Division, Department
of Revenue (DOR), he decided to amend the amendment. He moved
Conceptual Amendment 1 to Amendment 6, such that the figure
"120" on page 1, line 5, of the proposed amendment, would be
replaced with "180", effectively returning the allowable absence
threshold back the original language, as it exists under current
law.
REPRESENTATIVE EASTMAN objected. He questioned how the proposed
amendment would change the bill if Conceptual Amendment 1 to
Amendment 6 were to pass.
6:17:25 PM
CHAIR KREISS-TOMKINS explained that, should the conceptual
amendment pass, Amendment 6 would remove the rebuttable
presumption. The amendment would no longer change the allowable
absence threshold from 180 days to 120 days.
REPRESENTATIVE EASTMAN removed his objection to the motion to
adopt the conceptual amendment. There being no further
objection, Conceptual Amendment 1 to Amendment 6 was adopted.
6:17:59 PM
CHAIR KREISS-TOMKINS, in response to a question from
Representative Claman, explained that by removing the rebuttable
presumption, a person who failed to meet the minimum residency
thresholds could no longer collect a permanent fund dividend
(PFD) after the 5-year time period.
6:19:35 PM
REPRESENTATIVE EASTMAN asked whether an individual serving in
Alaska's federal delegation, such as Congressman Young, who
spent the majority of his time in Washington DC, would no longer
be allowed to collect a dividend.
CHAIR KREISS-TOMKINS punted the question to Mr. Bigelow.
Additionally, he asked Mr. Bigelow to restate the effect of
Amendment 6.
6:21:13 PM
COREY BIGELOW, Operations Manager, Permanent Fund Dividend
Division, DOR, explained that Amendment 6, as conceptually
amended, removed the rebuttable presumption, making it so
individuals who had been allowably absent for greater than 180
days could no longer rebut the presumption. In other words,
those individuals could no longer provide a reason that showed
their intent to remain Alaskan indefinitely.
CHAIR KREISS-TOMKINS asked Mr. Bigelow to respond to the
scenario posed by Representative Eastman.
MR. BIGELOW said he was unsure whether Amendment 6 would remove
a congressman from collecting his/her PFD after five years. He
offered to follow up with the requested information.
CHAIR KREISS-TOMKINS asked Ms. Nauman to speak to the same
question.
6:23:20 PM
EMILY NAUMAN, Legislative Legal Services, confirmed that
Alaska's federal delegation would no longer be eligible for a
dividend if they were absent from the state for longer than 180
days, or 5 consecutive years.
6:24:31 PM
REPRESENTATIVE MCCARTY pointed out that Section 2, paragraph
(9), of Version W allowed otherwise eligible individuals who
were absent from the state during the qualifying year to remain
eligible for the PFD if they were serving as a member of the
United States Congress.
CHAIR KREISS-TOMKINS clarified that after five years of claiming
allowable absences in statute, including the absence referenced
by Representative McCarty, Amendment 6 would no longer allow
those individuals to retain their PFD eligibility. He asked Ms.
Nauman if that was correct.
MS. NAUMAN answered yes. She reiterated that if Amendment 6
were to pass, individuals who were absent from the state for
over 180 days would no longer be eligible for a dividend even if
they claimed an allowable absence.
CHAIR KREISS-TOMKINS withdrew Amendment 6.
6:26:05 PM
REPRESENTATIVE STORY withdrew Amendment 7.
6:26:18 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 8 to Version W,
labeled 32-LS0491\W.10, Nauman, 3/31/22, which read:
Page 1, lines 10 - 11:
Delete "168 [72] consecutive"
Insert "120 [72 CONSECUTIVE]"
CHAIR KREISS-TOMKINS objected.
6:26:25 PM
REPRESENTATIVE EASTMAN stated that Amendment 8 changed "168
consecutive" to "120" on page 1, lines 10-11 of Version W. He
explained that it would reduce the required threshold of
physical presence in Alaska in order to collect a PFD.
Additionally, he pointed out that the proposed amendment would
remove the requirement that the hours be consecutive.
CHAIR KREISS-TOMKINS asked Mr. Bigelow whether the division had
an opinion on Amendment 8.
6:28:01 PM
MR. BIGELOW said the proposed amendment would create some
complexities for the both the division and Alaskans in terms of
providing documentation that showed they were in the state
during that time.
REPRESENTATIVE MCCARTY said he had no comments on Amendment 8.
CHAIR KREISS-TOMKINS maintained his objection.
6:29:03 PM
A roll call vote was taken. Representatives Eastman, Vance, and
Kaufman voted in favor of the motion to adopt Amendment 8.
Representatives Tarr, Story, Claman, and Kreiss-Tomkins voted
against it. Therefore, Amendment 8 failed by a vote of 3-4.
6:29:36 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 9 to Version W,
labeled 32-LS0491\W.11, Nauman, 4/1/22, which read:
Page 2, line 7:
Delete "and"
Insert "[AND]"
Page 2, line 11, following "compliance":
Insert "; and
(8) did not register to vote or vote in
another state or a jurisdiction outside the state
during the qualifying year"
CHAIR KREISS-TOMKINS objected.
6:29:58 PM
REPRESENTATIVE EASTMAN explained that Amendment 9 clarified that
any person who registered to vote outside Alaska during the
qualifying year would not be eligible to receive a PFD.
6:30:50 PM
MR. BIGELOW noted that the proposed amendment would require the
addition of a new section to the dividend application.
CHAIR KREISS-TOMKINS asked him whether a similar question
already existed on the application.
MR. BIGELOW confirmed that there was a question on the PFD
application that asked whether the applicant had voted or
registered to vote in another state or country. The language,
he said, was used in determining allowable absences and
eligibility whereas the new language would need to be added as a
standalone question that would help identify the need for a
residency-severing action.
CHAIR KREISS-TOMKINS inquired about the implication of answering
the existing application question in the affirmative.
MR. BIGELOW answered, "An attestation to their U.S. citizenship
and automatic voter registration."
CHAIR KREISS-TOMKINS invited the bill sponsor to comment on
Amendment 9.
REPRESENTATIVE MCCARTY said he had no comment.
6:33:17 PM
REPRESENTATIVE CLAMAN returning to the previous line of
questioning, asked Mr. Bigelow to read the question on the
existing PFD application regarding voting in another
jurisdiction.
MR. BIGELOW said he did not have the application in front of
him.
REPRESENTATIVE CLAMAN moved to table Amendment 9 to allow the
division time to respond. There being no objection, it was so
ordered.
6:34:29 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 10 to Version W,
labeled 32-LS0491\W.9, Nauman, 4/2/22, which read:
Page 1, line 10, following "has":
Insert "(A)"
Page 1, line 13, following "AS 43.23.008"
Insert "; or
(B) maintained a driver's license issued
under AS 28.15.111 as follows:
(i) if the individual is 18 years of age or
older, the two calendar years before the qualifying
year; or
(ii) if the individual is under 18 years of
age, the difference between the individual's age and
16"
CHAIR KREISS-TOMKINS objected.
6:34:36 PM
REPRESENTATIVE EASTMAN explained that Amendment 10 specified
that maintaining [an Alaskan] driver's license was indicative of
a person's intent of remaining an Alaskan resident. He
remarked, "The implication being if you haven't maintained a
driver's license and you're old enough to have a driver's
license and you, for example, have a driver's license from
another state, then you would not be eligible to receive a
dividend."
REPRESENTATIVE MCCARTY pointed out that not all Alaskans have a
driver's license; therefore, Amendment 10 would alienate certain
residents. He characterized the proposal as a "slippery slope."
REPRESENTATIVE STORY spoke in opposition to Amendment 10, as it
would alienate senior citizens and people with disabilities.
6:36:12 PM
REPRESENTATIVE VANCE asked whether maintaining an Alaskan
identification (ID) card was required for PFD eligibility.
MR. BIGELOW said it was not a requirement.
CHAIR KREISS-TOMKINS maintained his objection for the reasons
specified by Representative Story.
6:37:35 PM
REPRESENTATIVE EASTMAN withdrew Amendment 10.
6:38:21 PM
REPRESENTATIVE EASTMAN [moved to adopt Amendment 11 to Version
W, labeled 32-LS0491\W.12, Nauman, 4/1/22]. He explained that
the only pertinent difference between Amendment 4 and the
proposed amendment was the deletion of "on active duty."
Amendment 11 read as follows:
Page 2, line 23:
Delete "on active duty"
Insert "[ON ACTIVE DUTY]"
Delete "armed forces"
Insert "uniformed services [ARMED FORCES]"
Page 4, following line 7:
Insert a new bill section to read:
"* Sec. 3. AS 43.23.008(f) is amended to read:
(f) In [FOR PURPOSES OF (a)(7) OF] this section,
(1) "family member" means a person who is
(A) [(1)] legally related to the individual
through marriage or guardianship; or
(B) [(2)] the individual's sibling, parent,
grandparent, son, daughter, grandson, granddaughter,
uncle, aunt, niece, nephew, or first cousin;
(2) "uniformed service" means the Army,
Navy, Air Force, Marine Corps, Coast Guard, Space
Force, and the Commissioned Corps of the National
Oceanic and Atmospheric Administration and Public
Health Services."
Renumber the following bill sections accordingly.
Page 4, line 10:
Delete "applies"
Insert "AS 43.23.008(a), as amended by sec. 2 of
this Act, and AS 43.23.008(f), as amended by sec. 3 of
this Act, apply"
CHAIR KREISS-TOMKINS objected.
6:39:30 PM
REPRESENTATIVE CLAMAN, as a point of order, characterized
Amendment 11 as dilatory, as the committee had already adopted
Amendment 4. He recommended that the committee vote on the
proposed amendment without further discussion.
REPRESENTATIVE EASTMAN withdrew Amendment 11.
6:40:42 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 12 to Version W,
labeled 32-LS0491\W.13, Nauman, 3/31/22, which read:
Page 2, line 23:
Delete "armed forces"
Insert "uniformed services [ARMED FORCES]"
Page 4, following line 7:
Insert a new bill section to read:
"* Sec. 3. AS 43.23.008(f) is amended to read:
(f) In [FOR PURPOSES OF (a)(7) OF] this section,
(1) "family member" means a person who is
(A) [(1)] legally related to the individual
through marriage or guardianship; or
(B) [(2)] the individual's sibling, parent,
grandparent, son, daughter, grandson, granddaughter,
uncle, aunt, niece, nephew, or first cousin;
(2) "uniformed service" means the Army,
Navy, Air Force, Marine Corps, Coast Guard, Space
Force, the Commissioned Corps of the National Oceanic
and Atmospheric Administration and Public Health
Services, the Alaska National Guard, and the Alaska
Naval Militia."
Renumber the following bill sections accordingly.
Page 4, line 10:
Delete "applies"
Insert "AS 43.23.008(a), as amended by sec. 2 of
this Act, and AS 43.23.008(f), as amended by sec. 3 of
this Act, apply"
CHAIR KREISS-TOMKINS objected.
REPRESENTATIVE EASTMAN indicated that Amendment 12 would include
members of the Alaska National Guard and the Alaska Naval
Militia in the definition of "uniformed service."
CHAIR KREISS-TOMKINS asked whether Representative Eastman had
any knowledge of an individual who was denied eligibility based
on their membership in the Alaska National Guard or Alaska Naval
Militia.
REPRESENTATIVE EASTMAN answered no. He stated that his intent
was to recognize their service.
6:42:32 PM
CHAIR KREISS-TOMKINS remarked, "I think that there's a lot of
theoretical instances that are very redeemable of why we'd want
to allow someone to be absent, I guess it's just without
affirmative knowledge that these circumstances exist ?"
REPRESENTATIVE EASTMAN interjected and shared several examples.
He opined that all state service should be considered.
6:44:16 PM
REPRESENTATIVE MCCARTY, after discussing the question with the
Alaska National Guard, pointed out that if a member of the
Alaska National Guard or the Alaska Naval Militia was "called
up" they would transition to active-duty status, which was
already captured in the bill language under allowable absences.
REPRESENTATIVE EASTMAN speculated that the National Guard was
referring to active-duty state service, whereas the statute
referred to active-duty federal service.
CHAIR KREISS-TOMKINS maintained his objection.
REPRESENTATIVE EASTMAN withdrew Amendment 12.
6:45:43 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 13 to Version W,
labeled 32-LS0491\W.14, Nauman, 4/2/22, which read:
Page 1, line 1, following "dividend;":
Insert "relating to a permanent fund dividend for
an individual whose conviction has been vacated or
reversed, or who has received a pardon for the
conviction;"
Page 2, following line 11:
Insert a new bill section to read:
"* Sec. 2. AS 43.23.005 is amended by adding new
subsections to read:
(i) An individual who was ineligible to receive
a permanent fund dividend for a dividend year under
(d) of this section because of a conviction is
eligible to receive the permanent fund dividend for
each year the individual was ineligible if
(1) the individual's conviction is vacated or
reversed, and
(A) the charges on which the conviction was
based are later dismissed; or
(B) the individual is retried and found not
guilty; or
(2) the individual receives a pardon for
the conviction.
(j) To receive a permanent fund dividend under
(i) of this section, the individual shall apply for
the permanent fund dividend not later than two years
after the dismissal, not guilty finding, or pardon
under (i) of this section."
Renumber the following bill sections accordingly.
Page 4, following line 7:
Insert new bill sections to read:
"* Sec. 4. AS 43.23.025(a) is amended to read:
(a) By October 1 of each year, the commissioner
shall determine the value of each permanent fund
dividend for that year by
(1) determining the total amount available
for dividend payments, which equals
(A) the amount of income of the Alaska
permanent fund transferred to the dividend fund under
AS 37.13.145(b) during the current year;
(B) plus the unexpended and unobligated
balances of prior fiscal year appropriations that
lapse into the dividend fund under AS 43.23.045(d);
(C) less the amount necessary to pay prior
year dividends from the dividend fund in the current
year under AS 43.23.005(h) and (i), 43.23.021, and
43.23.055(3) and (7);
(D) less the amount necessary to pay
dividends from the dividend fund due to eligible
applicants who, as determined by the department, filed
for a previous year's dividend by the filing deadline
but who were not included in a previous year's
dividend computation;
(E) less appropriations from the dividend
fund during the current year, including amounts to pay
costs of administering the dividend program and the
hold harmless provisions of AS 43.23.240;
(2) determining the number of individuals
eligible to receive a dividend payment for the current
year and the number of estates and successors eligible
to receive a dividend payment for the current year
under AS 43.23.005(h); and
(3) dividing the amount determined under
(1) of this subsection by the amount determined under
(2) of this subsection.
* Sec. 5. AS 43.23.048(a) is amended to read:
(a) The restorative justice account is created
as a separate account in the dividend fund. The
commissioner shall transfer from the dividend fund to
the restorative justice account each fiscal year an
amount equal to the amount that would have been paid
during the previous fiscal year to individuals who
were ineligible to receive dividends under
AS 43.23.005(d) if they had been eligible. The
commissioner may not adjust the amount transferred
under this section for prior year dividends paid under
AS 43.23.005(i)."
Renumber the following bill sections accordingly.
Page 4, line 10, following "APPLICABILITY":
Insert "(a)"
Page 4, following line 11:
Insert new subsections to read:
"(b) AS 43.23.005(j), added by sec. 2 of this
Act, applies to an individual who is eligible under
AS 43.23.005(i), added by sec. 2 of this Act, and
whose dismissal, not guilty finding, or pardon
occurred on or after the effective date of this Act.
(c) AS 43.23.048(a), as amended by sec. 5 of
this Act, applies to transfers made by the
commissioner on or after the effective date of this
Act."
REPRESENTATIVE CLAMAN objected.
6:45:48 PM
REPRESENTATIVE EASTMAN described that Amendment 13 related to
PFD eligibility for an individual whose conviction had been
vacated or reversed, or who had received a pardon for the
conviction.
REPRESENTATIVE MCCARTY pointed out that the proposed amendment
appeared to be unrelated to the military or uniformed services,
which was the focus of the bill.
CHAIR KREISS-TOMKINS asked Mr. Bigelow for the division's
perspective on Amendment 13.
MR. BIGELOW said it would be a policy consideration for the
committee. He stated that the proposed amendment would create
uncertainty for the division in terms of calculating the formula
based on the unknown number of potential applicants in any given
year. Additionally, he pointed out that the division retained
records for 21 years. He questioned what would happen if a
conviction were overturned after 21 years.
6:48:56 PM
REPRESENTATIVE CLAMAN maintained his objection.
REPRESENTATIVE EASTMAN maintained his belief that "pardoned"
individuals should be eligible for lost dividends.
6:49:35 PM
A roll call vote was taken. Representatives Kaufman, Eastman,
and Tarr voted in favor of the motion to adopt Amendment 13.
Representatives Story, Claman, Vance, and Kreiss-Tomkins voted
against it. Therefore, Amendment 13 failed by a vote of 3-4.
6:50:19 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 14 to Version W,
labeled 32-LS0491\W.15, Nauman, 4/4/22, which read:
Page 2, following line 11:
Insert a new bill section to read:
"* Sec. 2. AS 43.23.005 is amended by adding new
subsections to read:
(i) An individual who was ineligible to receive
a permanent fund dividend for a dividend year under
(a)(6) of this section because the individual was not
physically present in the state is eligible to receive
the permanent fund dividend for each year the
individual was ineligible if the individual
(1) was absent from the state to serve in
the uniformed service and the service does not qualify
as an absence allowed under AS 43.23.008(a)(3); in
this subsection, "uniformed service" has the meaning
given in AS 43.23.008(f); and
(2) within one year after the completion of
service under (1) of this subsection, returns to the
state with the intent to remain indefinitely.
(j) To receive a permanent fund dividend under
(i) of this section, the individual shall apply for
the permanent fund dividend not later than one year
after returning to the state under (i)(2) of this
section."
Renumber the following bill sections accordingly.
Page 2, line 23:
Delete "armed forces"
Insert "uniformed services [ARMED FORCES]"
Page 4, following line 7:
Insert new bill sections to read:
"* Sec. 4. AS 43.23.008(b) is amended to read:
(b) An individual may not claim an allowable
absence under
(1) paragraph (a)(1), (2), or (4) - (16)
[(a)(1) - (16)] of this section unless the individual
was a resident of the state for at least six
consecutive months immediately before leaving the
state;
(2) paragraph (a)(3) of this section unless
the individual, during the qualifying year, was
(A) a resident of the state; and
(B) physically present in the state for at
least 180 days.
* Sec. 5. AS 43.23.008(f) is amended to read:
(f) In [FOR PURPOSES OF (a)(7) OF] this section,
(1) "family member" means a person who is
(A) [(1)] legally related to the individual
through marriage or guardianship; or
(B) [(2)] the individual's sibling, parent,
grandparent, son, daughter, grandson, granddaughter,
uncle, aunt, niece, nephew, or first cousin;
(2) "uniformed service" means the Army,
Navy, Air Force, Marine Corps, Coast Guard, Space
Force, and the Commissioned Corps of the National
Oceanic and Atmospheric Administration and Public
Health Services.
* Sec. 6. AS 43.23.025(a) is amended to read:
(a) By October 1 of each year, the commissioner
shall determine the value of each permanent fund
dividend for that year by
(1) determining the total amount available
for dividend payments, which equals
(A) the amount of income of the Alaska
permanent fund transferred to the dividend fund under
AS 37.13.145(b) during the current year;
(B) plus the unexpended and unobligated
balances of prior fiscal year appropriations that
lapse into the dividend fund under AS 43.23.045(d);
(C) less the amount necessary to pay prior
year dividends from the dividend fund in the current
year under AS 43.23.005(h) and (i), 43.23.021, and
43.23.055(3) and (7);
(D) less the amount necessary to pay
dividends from the dividend fund due to eligible
applicants who, as determined by the department, filed
for a previous year's dividend by the filing deadline
but who were not included in a previous year's
dividend computation;
(E) less appropriations from the dividend
fund during the current year, including amounts to pay
costs of administering the dividend program and the
hold harmless provisions of AS 43.23.240;
(2) determining the number of individuals
eligible to receive a dividend payment for the current
year and the number of estates and successors eligible
to receive a dividend payment for the current year
under AS 43.23.005(h); and
(3) dividing the amount determined under
(1) of this subsection by the amount determined under
(2) of this subsection."
Renumber the following bill sections accordingly.
Page 4, line 10:
Following "APPLICABILITY.":
Insert "(a)"
Delete "applies"
Insert "AS 43.23.008(a), as amended by sec. 3 of
this Act, AS 43.23.008(b), as amended by sec. 4 of
this Act, and AS 43.23.008(f), as amended by sec. 5 of
this Act, apply"
Page 4, following line 11:
Insert a new subsection to read:
"(b) AS 43.23.005(j), added by sec. 2 of this
Act, applies to an individual who is eligible under
AS 43.23.005(i), added by sec. 2 of this Act, and
whose absence from the state began on or after the
effective date of this Act."
CHAIR KREISS-TOMKINS objected.
6:50:26 PM
REPRESENTATIVE EASTMAN explained that Amendment 14 would allow
members of the uniformed services who had left the state to
reclaim eligibility if they returned to Alaska with the intent
to remain indefinitely within one year after completion of their
service.
REPRESENTATIVE MCCARTY expressed concern about the proposed
amendment.
CHAIR KREISS-TOMKINS maintained his objection.
6:52:50 PM
REPRESENTATIVE EASTMAN reiterated that the proposed amendment
would allow Alaskans who had completed their service to collect
a dividend if they returned to the state. He opined that
Alaskans who served their state should be eligible for a PFD.
CHAIR KREISS-TOMKINS sought to confirm that Amendment 14 related
to backpay specifically.
REPRESENTATIVE EASTMAN nodded in the affirmative.
REPRESENTATIVE STORY asked whether Representative Eastman's
intent was to allow the applicable individuals to receive
backpay from prior years.
REPRESENTATIVE EASTMAN answered yes. He remarked:
Going forward, you would not be eligible to apply
while you're away, because you're no longer eligible,
but if later, within the timeframe, you met the
requirements, then you would be eligible ? your
military service would qualify as an allowable
absence, but you wouldn't be able to apply until you
returned to the state.
REPRESENTATIVE CLAMAN called the question.
6:55:23 PM
A roll call vote was taken. Representatives Eastman voted in
favor of the motion to adopt Amendment 14. Representatives
Vance, Kaufman, Tarr, Story, Claman, and Kreiss-Tomkins voted
against it. Therefore, Amendment 14 failed by a vote of 1-6.
6:55:52 PM
REPRESENTATIVE EASTMAN withdrew Amendment 15.
REPRESENTATIVE EASTMAN moved to take from the table Amendment 9,
labeled 32-LS0491\W.11, Nauman, 4/1/22, which read:
Page 2, line 7:
Delete "and"
Insert "[AND]"
Page 2, line 11, following "compliance":
Insert "; and
(8) did not register to vote or vote in
another state or a jurisdiction outside the state
during the qualifying year"
There being no objection, Amendment 9 was before the committee.
CHAIR KREISS-TOMKINS asked Mr. Bigelow whether he had an update
on the existing questions on the PFD application.
6:56:11 PM
MR. BIGELOW answered yes. He reported that two questions on the
current application asked whether the individual had registered
to vote in another state or country or voted in a state election
in another state or country. He explained that the language was
used to determine whether the applicant had taken a severing
action based on the regulations regarding maintaining residency.
6:57:32 PM
REPRESENTATIVE CLAMAN asked whether Mr. Bigelow was suggesting
that the topic addressed in Amendment 9 already existed in
regulation as a prevailing policy.
MR. BIGELOW said, "That would be correct."
REPRESENTATIVE CLAMAN surmised that a person who answered one or
both of those questions in the affirmative would be ineligible
for a dividend.
MR. BIGELOW answered yes, as that would be viewed as a
residency-severing action.
REPRESENTATIVE CLAMAN opined that there was no reason to go
forward with Amendment 9, as it was already addressed in
regulation.
6:58:44 PM
REPRESENTATIVE EASTMAN agreed with Representative Claman;
however, he recalled testimony given during a previous hearing
that discussed college students who had accidentally registered
to vote in another state. He asked whether registering to vote
in another state was always viewed by the division as a severing
action.
6:59:34 PM
MR. BIGELOW said there were exceptions, such as individuals who
had registered to vote 60 days prior to a presidential election
for the sole purpose of voting in that election. He explained
that the division was looking out for students or young adults
who potentially got caught up in a campaign to vote in a
presidential election, not realizing that in doing so, they were
registering to vote in another state.
7:01:07 PM
REPRESENTATIVE CLAMAN maintained his objection.
REPRESENTATIVE EASTMAN withdrew Amendment 9.
7:02:00 PM
REPRESENTATIVE CLAMAN moved to report CSHB 142, Version 32-
LS0491\W, Nauman, 3/28/22, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 142(STA) was reported out of the
House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 66 Testimony League of Women Voters Alaska 04.21.2022.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 66 |
| HB 66 Additional Info - Little Hoover Commission April 2021.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 66 |
| HB 271 Amendment I.1 - Kreiss-Tomkins.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 271 |
| HB 271 Letter of Support - Susitna River Coalition 04.21.22.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 271 |
| HB 142 Amendment W.16 - Eastman.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 142 |
| HB 396 Fiscal Note DOR-TRS-04-22-22.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 396 |
| HB 396 Amendment I.1 -- Kreiss-Tomkins.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 396 |
| HB 142 Amendment Packet with Votes HSTA 04.26.22.pdf |
HSTA 4/26/2022 3:00:00 PM |
HB 142 |