02/04/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR19 | |
| HB212 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 212 | TELECONFERENCED | |
| *+ | HJR 19 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
February 4, 2014
1:07 p.m.
MEMBERS PRESENT
Representative Neal Foster, Co-Chair
Representative Gabrielle LeDoux, Co-Chair
Representative Pete Higgins
Representative Shelley Hughes
Representative Lora Reinbold
Representative Dan Saddler
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 19
Urging the Secretary of the United States Air Force, the Chief
of Staff of the United States Air Force, and the Commander of
the Pacific Air Forces to base F-35 aircraft assigned to the
Pacific Air Forces at Eielson Air Force Base.
- MOVED CSHJR 19(MLV) OUT OF COMMITTEE
HOUSE BILL NO. 212
"An Act relating to an exemption from driver licensing
requirements for spouses of members of the armed forces of the
United States."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 19
SHORT TITLE: BASE F-35 AIRCRAFT AT EIELSON AFB
SPONSOR(s): REPRESENTATIVE(s) ISAACSON
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) MLV
02/04/14 (H) MLV AT 1:00 PM CAPITOL 120
BILL: HB 212
SHORT TITLE: DRIVER'S LICENSING EXEMPTION: MILITARY
SPONSOR(s): REPRESENTATIVE(s) ISAACSON, HUGHES, LEDOUX
01/21/14 (H) PREFILE RELEASED 1/10/14
01/21/14 (H) READ THE FIRST TIME - REFERRALS
01/21/14 (H) MLV, STA
02/04/14 (H) MLV AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE DOUG ISAACSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of HJR 19, introduced the
resolution; as co-chair of the House Special Committee on
Military and Veterans' Affairs, sponsor of HB 212, introduced
the bill.
JIM DODSON, President/CEO
Fairbanks Economic Development Corporation;
Member, Alaska Military Force Advocacy and Structure Team
(AMFAST)
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on HJR 19, testified in
support; during the hearing on HB 212, testified in support.
LUKE HOPKINS, Mayor
Fairbanks North Star Borough
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on HJR 19, testified in
support.
TIM JONES, Chairman
Military Affairs Committee
Greater Fairbanks Chamber of Commerce
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on HJR 19, testified in
support; during the hearing on HB 212, testified in support.
AMY ERICKSON, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 212, answered a
question regarding the requirements of obtaining an Alaska
driver's license.
DAN DEBARTOLO, Director
Permanent Fund Dividend Division
Department of Revenue (DOR)
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 212, answered a
question regarding permanent fund dividend eligibility.
NATHAN SOLORIO, Intern
Representative Doug Isaacson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing on HB 212, testified as
the preparer of a document found in the committee packet.
ERLING JOHANSEN, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: During the hearing on HB 212, provided
testimony regarding same-sex domestic partners.
ACTION NARRATIVE
1:07:22 PM
CO-CHAIR NEAL FOSTER called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:07 p.m.
Representatives Higgins, Hughes, Reinbold, LeDoux, and Foster
were present at the call to order. Representatives Saddler and
Gruenberg arrived as the meeting was in progress.
HJR 19-BASE F-35 AIRCRAFT AT EIELSON AFB
1:07:59 PM
CO-CHAIR FOSTER announced the first order of business would be
HOUSE JOINT RESOLUTION NO. 19, Urging the Secretary of the
United States Air Force, the Chief of Staff of the United States
Air Force, and the Commander of the Pacific Air Forces to base
F-35 aircraft assigned to the Pacific Air Forces at Eielson Air
Force Base.
1:08:30 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, prime
sponsor, introduced HJR 19. Representative Isaacson began his
introduction with the words of then Secretary of State, William
Seward's message to Congress over 100 years ago:
"If we would provide an adequate defense for the
United States we must have Alaska to dominate the
North Pacific."
REPRESENTATIVE ISAACSON stated that Mr. Seward's words are still
true today, as Alaska has been very strategic for military
activity, and an important part of the country's national
security. In addition, military activity has been a large part
of the economic growth of Alaska. He urged the committee to
keep Alaska at the forefront of our nation's economic and
military sectors by passing HJR 19. The Pacific Air Forces
(PACAF) are looking to station F-35 aircraft somewhere in the
Asia-Pacific Theater and Eielson Air Force Base (Eielson) faces
tough competition with international bases to become the home
for the new aircraft; the siting decision team will be coming to
Eielson in February, 2014. The resolution is another effort by
the legislature to strongly encourage the military to expand the
mission of Eielson. In fact, the state was very strategic last
year in the decision by the military to reverse changing where
the F-16s are located, and statewide support is needed for
basing the F-35s. It has been suggested that the F-35s could be
based at Joint Base Elmendorf-Richardson (JBER); however, the
use of Eielson will support the mission at JBER since F-22s are
at JBER, and it makes it very viable to have F-35s at Eielson to
facilitate joint exercise operations. Representative Isaacson
advised he would provide specific information on the aircraft at
the conclusion of his introduction. The three most recent
military sites that have been awarded F-35 squadrons are Hill
Air Force Base in Utah, Burlington Air National Guard Base in
Vermont, and Luke Air Force Base in Arizona, and all of these
bases received tremendous support from both government and
citizens.
1:12:16 PM
REPRESENTATIVE ISAACSON continued with Eielson's strengths:
recognized on a consistent basis by our armed forces; minimal
air space congestion; proximity to the Asia-Pacific Theater and
to the F-22s at JBER; free access to a training environment
including the Joint Pacific Alaska Range Complex (JPARC), which
is the nation's largest restricted training air space; runway
with year-round handling for any type of aircraft; and storage
capacity for over 20 million gallons of gas with a direct
pipeline to our refineries in North Pole. Eielson is also more
cost-effective to maintain than overseas Pacific installations,
and is a big component to the local and regional economies. In
conclusion, Representative Isaacson asked the committee to join
Alaskans and military members with support for HJR 19.
1:14:19 PM
REPRESENTATIVE HIGGINS spoke of his experience serving in the
military at Eielson, and described the numbering of the F series
aircraft. In response to Co-Chair LeDoux, he said some of the
aircraft in the series are "just on paper."
A video introducing fifth generation F-35 aircraft was shown
from 1:17 p.m. to 1:28 p.m.
1:28:23 PM
CO-CHAIR LEDOUX commented that the F-35 was a spectacular
airplane.
REPRESENTATIVE HUGHES found the video exciting and exhilarating.
She inquired as to the other locations that are being considered
for the placement of the F-35s.
REPRESENTATIVE ISAACSON advised that according to General
Carlisle, Commander, Pacific Air Forces (PACAF), PACAF site
survey teams are looking at nine bases including Kadena Air Base
and Misawa Air Base in Japan, Kunsan Air Base and Osan Air Base
in South Korea, and Andersen Air Force Base in Guam.
REPRESENTATIVE HUGHES expressed her support for Eielson. She
asked whether the sponsor's intent is to pass HJR 19 prior to
the site selection meeting.
REPRESENTATIVE ISAACSON indicated yes. A similar resolution was
heard by the Senate today; the main goal is for the PACAF site
selection team to be aware - before its arrival - that the state
is firmly behind placing the F-35 aircraft at Eielson.
REPRESENTATIVE ISAACSON, in further response to Representative
Hughes, stated there is no other aircraft like the F-35 in the
world; there are three models, one each for the Air Force, the
Navy and the Marines. Although other countries have
participated in its manufacture and thus will receive a
"version" he said, "... from what I'm told ... this [aircraft]
would be a high advantage to the United States."
1:32:21 PM
CO-CHAIR LEDOUX referred to the resolution on page 2, lines 13-
14, which read:
WHEREAS F-35 aircraft are planned to replace A-10
aircraft in providing air-to-ground mission support
for ground forces;
CO-CHAIR LEDOUX then asked where the A-10 aircraft are located.
REPRESENTATIVE ISAACSON explained A-10 aircraft were transferred
from Eielson in 2005 and have been phased out of the Air Force
inventory. The F-35 can fly supersonic, hypersonic, and
subsonic because it can hover; in fact, this aircraft provides
all the support functions of the A-10 and the F-16, and is
expected to fulfill its design as a fighter aircraft for a long
time.
CO-CHAIR LEDOUX surmised any base where A-10 aircraft are
located would also seek F-35s to replace A-10s.
REPRESENTATIVE SADDLER was unsure where A-10 aircraft are based.
1:34:54 PM
CO-CHAIR LEDOUX restated her question.
REPRESENTATIVE SADDLER expressed his belief that if there is
currently an A-10 squadron based, it has its mission and
equipment; Eielson has a "higher claim on new aircraft coming
off the line" because it has a mission, but no equipment.
REPRESENTATIVE ISAACSON added that Eielson has the former A-10
hangar space in which the F-35s could fit with minimal
modification. He stressed that because the A-10 aircraft were
transferred from Eielson, and the F-35 aircraft are the
replacement for the A-10, Eielson is the logical base to house
the F-35. He offered to provide the committee with information
on the present location of A-10 aircraft, or suggested that the
committee hear from a knowledgeable party online.
1:36:42 PM
JIM DODSON, President, Fairbanks Economic Development
Corporation, and member of the Alaska Military Force Advocacy
and Structure Team (AMFAST), Department of Military & Veterans'
Affairs, advised that the two squadrons of F-35s under
discussion will be an overseas (OCONUS) stationing. Because the
Asia-Pacific Theater has been designated as the prime military
area of interest by the Department of Defense (DoD), only bases
within the Asia-Pacific Theater, such as the aforementioned nine
installations, will be considered.
REPRESENTATIVE HUGHES heard a report from the Alaska Arctic
Policy Commission (AAPC) on 1/4/14 and one of its focus areas is
security. She suggested that documentation accompanying HJR 19
should include information on the international security aspect
of the increased activity in the Arctic. Currently, there is a
lot of focus on the Asia-Pacific Theater, but the coming decades
will bring new activity to the Arctic, thus the Eielson location
should be selected.
1:38:45 PM
REPRESENTATIVE HIGGINS relayed the process through which bases
are selected. The site selection team looks at economics and
the community, and he pointed out that Eielson has the largest
air training space for this type of aircraft. He expressed his
belief that the deciding factor is how badly Alaska wants the F-
35s, and that is the point of the resolution; in fact, HJR 19
could be "the deciding factor." He reviewed the merits of
Eielson Air Force Base: closest Pacific Rim base that can house
F-35s fairly easily; not subject to closure by foreign
governments; unsurpassed training area. Representative Higgins
concluded that Alaska needs to let the Air Force know the F-35s
are wanted.
1:40:17 PM
CO-CHAIR FOSTER opened public testimony on HJR 19.
1:40:31 PM
MR. DODSON informed the committee in 2005, he managed the effort
to retain the mission of Eielson on behalf of the governor and
the mayor of the Fairbanks North Star Borough, thus has
experience in military issues. In reviewing the military
industry and the related stationing of equipment and manpower in
Alaska, he urged the committee to understand that there is a lot
of competition with other states and communities due to the
favorable economic impact a base brings; in fact, in Alaska the
military industry comprises 16 percent of its gross state
product, and 17 percent of the payroll paid in the state.
Alaska and its legislators should support the sustainability and
the growth of the military industry. Mr. Dodson supported
previous testimony on the merits and the opportunity of
stationing the F-35s in Alaska due to its available airspace and
its strategic position in the world. Alaska's 168th Air Tanker
Group stationed at Eielson with its 24 million gallons of fuel
storage serves as a northern fuel station at the top of the
world for the United States Air Force. He closed by urging the
committee to support the resolution as that is the right thing
to do for our state, our economy, and our nation.
1:43:02 PM
LUKE HOPKINS, Mayor, Fairbanks North Star Borough, agreed with
the previous testimony in support of HJR 19. Those at Eielson
know the importance of the base - as in 2005 - and now,
regarding the placement of the F-35s; as a matter of fact, the
base commanders make it known that from Eielson they can reach
any place in the northern hemisphere in about nine hours. He
restated the value of the aircraft to the economy and to the
efforts of the military in the Asia-Pacific "realignment." It
is very important for both the state legislature and local
communities to send resolutions to the commanders in the Air
Force, and to the Secretary of the United States Air Force.
Mayor Hopkins expressed his hope that HJR 19 would pass out of
the committee.
1:45:28 PM
TIM JONES, Army Colonel Ret., informed the committee he is a
former Garrison Commander at Fort Wainwright, is currently the
chairman of the Military Affairs Committee, Greater Fairbanks
Chamber of Commerce (Fairbanks Chamber), and the Interior
representative to the legislature's Joint Armed Services
Committee. He agreed with previous testimony in support for HJR
19, and added that basing the aircraft at Eielson is not only
beneficial to the community, but is the right thing to do for
the Air Force. Eielson's strategic location alone justifies the
basing decision as it allows for a rapid response to military
requirements throughout the Pacific, Europe, the Middle East,
and Asia. Furthermore, the air-to-air and air-to-ground
training through the Joint Pacific Alaska Range Complex (JPARC)
is "world class," and gains additional strategic importance when
combined with the 168th refueling wing. He observed that
service members and their families stationed at Eielson enjoy a
superior quality of life, as well as tremendous support provided
by the community and the state. Mr. Jones expressed his
personal support, and that of the Fairbanks Chamber Military
Affairs Committee, for HJR 19.
1:47:38 PM
CO-CHAIR FOSTER, after ascertaining no one else wished to
testify, closed public testimony.
1:47:53 PM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, as follows:
Page 3, line 13, following "members" insert:
"on all bases in Alaska"
CO-CHAIR LEDOUX objected for the purpose of discussion.
REPRESENTATIVE GRUENBERG suggested the resolution should
indicate that Alaskans support - not just Eielson - but all the
military bases in Alaska. He read the language of the amendment
and advised that the sponsor of the resolution participated in
preparing the amendment.
1:49:23 PM
REPRESENTATIVE SADDLER questioned whether the amendment is
intended to read "on all bases in Alaska," or "and all bases in
Alaska."
REPRESENTATIVE ISAACSON stated "and all bases in Alaska" is the
intended language.
REPRESENTATIVE GRUENBERG asked unanimous consent that the
amendment be amended accordingly.
REPRESENTATIVE HUGHES supported the amendment to the amendment.
1:50:34 PM
CO-CHAIR LEDOUX moved to adopt an amendment to the amendment as
follows:
[Page 3, line 14, following "all military service
members" insert:]
[all military service members] "and all bases in
Alaska"
REPRESENTATIVE ISAACSON opined the amendment to the amendment
may be redundant because it is previously stated; however, if
the intent is that Alaskans have, and currently, salute military
members, he said, "that's fine."
REPRESENTATIVE GRUENBERG expressed his support for the amendment
to the amendment.
1:52:32 PM
CO-CHAIR FOSTER asked whether there was any objection to the
adoption of the amendment to the amendment. Hearing none, it
was so ordered.
1:52:43 PM
CO-CHAIR LEDOUX removed her objection to Amendment 1. There
being no further objection, Amendment 1, as amended, was
adopted.
1:52:59 PM
REPRESENTATIVE SADDLER [moved to adopt Conceptual Amendment 2]
which would add Lt. General Russell Handy, Commander, Alaskan
Command, U.S. Pacific Command; Commander, 11th Air Force,
Pacific Air Forces; Commander, Alaskan North American Aerospace
Defense Command Region, JBER, to the list of those to whom the
resolution is addressed.
REPRESENTATIVE ISAACSON agreed to a wide distribution of the
resolution.
REPRESENTATIVE SADDLER preferred to limit distribution to the
addition of Lt. General Handy.
1:53:52 PM
CO-CHAIR FOSTER objected to Conceptual Amendment 2 for the
purpose of discussion.
REPRESENTATIVE SADDLER, in response to Representative Gruenberg,
said he would not add the Alaska Delegation to Conceptual
Amendment 2.
1:54:21 PM
CO-CHAIR FOSTER removed his objection to Conceptual Amendment 2.
There being no further objection, Conceptual Amendment 2 was
adopted.
1:54:48 PM
CO-CHAIR LEDOUX moved to report HJR 19, as amended, out of
committee with individual recommendations and no accompanying
fiscal note. There being no objection, CSHJR 19 (MLV) was
reported from the House Special Committee on Military and
Veterans' Affairs.
The committee took an at-ease from 1:55 p.m. to 2:04 p.m.
HB 212-DRIVER'S LICENSING EXEMPTION: MILITARY
2:04:42 PM
CO-CHAIR FOSTER announced the final order of business would be
HOUSE BILL NO. 212, "An Act relating to an exemption from driver
licensing requirements for spouses of members of the armed
forces of the United States."
2:04:53 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, informed
the committee HB 212 is an affirmation of Alaska's concern for
its military. He explained that every year hundreds of military
members come to Alaska as part of their honorable service to our
country, and many of these brave men and women are accompanied
by their spouses. While living in Alaska, many spouses would
like to retain their address in their home state. By law, any
new individual moving to Alaska must surrender their residence
in another state within 90 days of arrival in order to obtain an
Alaska driver's license; although members of the military are
exempt from this requirement, their spouses are not exempted.
Alaska is a military-friendly state and it values not only
military members, but also their families, thus it should be of
great importance to Alaskans to make the military members'
transition away from home as easy as possible. Thirty-nine
other states already exempt the military member and their
spouses from this requirement. Included in the committee packet
were at least four messages of support from military spouses
living in Alaska. Representative Isaacson said the bill is not
a free driver's license in that the spouse must have a valid
driver's license issued by another state. He stressed that the
bill does not cover dependents of military members; dependents
would still be required to obtain an Alaska driver's license
from the Division of Motor Vehicles, Department of
Administration. Furthermore, the bill does not request a change
to the Alaska State Constitution, or make an amendment to the
constitution related to the definition of spouse.
Representative Isaacson paraphrased from the sectional analysis
as follows:
or, if a member spouse is 18 years of age or older,
the spouse of a member of the armed forces of the
United States who has a valid driver's license issued
by another jurisdiction
2:08:33 PM
REPRESENTATIVE ISAACSON told two stories of how spouses of
deployed military members were greatly inconvenienced by the
circumstances that HB 212 seeks to change. Alaska does not want
to convey a negative message to members of the military
stationed here; in fact, the committee sponsoring the bill wants
to ensure that - following the lead of thirty-nine other states
- if a spouse is in Alaska due to a military member they are
entitled to the same privilege as the member. He urged for full
support of the bill.
CO-CHAIR LEDOUX inquired as to why a spouse who is 16 years of
age, and who has a valid license in another state, is not
subject to the same rule as a spouse who is 18 years of age.
2:11:46 PM
AMY ERICKSON, Director, Division of Motor Vehicles, Department
of Administration, explained that an individual 16 years of age
could get a provisional license. In further response to Co-
Chair LeDoux, she said a provisional license is issued to a 16-
year-old, which they hold until they are 18 years old, and have
obtained the required 40 hours of driving experience that allows
them to graduate to the next level of license.
REPRESENTATIVE ISAACSON added that a spouse must have a fully
certified driver's license from another state. At 18 years of
age, Alaska would remove the provisional basis from the license
and grant the same privilege of accepting another state's
license.
2:12:52 PM
MS. ERICKSON, in response to Co-Chair LeDoux's question, advised
that other states do have provisional licenses, but she was
uncertain whether all states do so.
CO-CHAIR LEDOUX posed a theoretical question about the
possibility of giving the 16-year-old, who has a provisional
license from his or her home state, the same kind of license, or
letting him/her drive under the same circumstances as they could
drive in their home state.
MS. ERICKSON stated the division's intent is to stay consistent
with Alaska driving laws, because it does not necessarily know
the laws of other states.
2:14:02 PM
REPRESENTATIVE HUGHES clarified that there are rules associated
with provisional licenses that might not be true, or
transferable, in other states with provisional licenses.
REPRESENTATIVE ISAACSON emphasized the bill does not include
dependents as it is the sponsors' intention for individuals with
a fully accredited driver's license from another state to be
able to transfer that license to Alaska. He opined the best
procedure is for the bill to apply to individuals who are fully
certified by their state, and that did not include dependents.
CO-CHAIR LEDOUX said her question applied to a military spouse
who is 16 years old. She expressed her belief that if there
were a feasible way to include these - relatively few -
individuals, "it would be nice to do so."
REPRESENTATIVE ISAACSON acknowledged that "whenever we make
something that's a benefit for some, we won't make it a benefit
for all." He stressed that the bill would help the vast
majority of spouses, but not all in every situation such as
those 16 years of age, or those in a homosexual relationship who
are recognized as a spouse in another state. The intent is to
create equal protection and equal coverage according to the laws
in Alaska, and to make the coverage as broad and applicable as
possible, within certain parameters. Representative Isaacson
concluded that HB 212 will give the greatest number of spouses
the same benefit as their family member.
2:17:27 PM
REPRESENTATIVE HUGHES thanked the sponsor for bringing this
forward as she has children who have served in the military; in
fact, her daughter experienced similar challenges while serving
overseas. She also expressed her belief that commanders will
view this change as an example that Alaska continues to be
military-friendly, and she stated her support for the bill.
CO-CHAIR LEDOUX agreed with the previous speaker. She then
pointed out that supporting documents in the committee packet
indicate that other states have the same rule applying to family
members and asked, "... have you considered making this
available to dependents also who are over the age of 18 years
old?"
REPRESENTATIVE ISAACSON said yes. However, he received
sufficient [negative] feedback due to the more difficult driving
conditions in Alaska, and thus limited the bill to spouses.
REPRESENTATIVE SADDLER questioned whether testimony has been
heard from the Permanent Fund Dividend Division, Department of
Revenue, on the bill's effect on dividend eligibility for
spouses of military members.
REPRESENTATIVE ISAACSON expressed his understanding that "one of
the proofs of ... residency is that you show intent to stay and
that is demonstrated by getting an Alaska driver's license ...."
MS. ERICKSON deferred to the Permanent Fund Dividend Division.
2:21:28 PM
DAN DEBARTOLO, Director, Permanent Fund Dividend Division,
Department of Revenue (DOR), responded that eligibility for the
permanent fund dividend (PFD) is "highly situational, and all
depends on an individual's residency situation." If it is the
intent of a military spouse to become a permanent resident of
Alaska and receive the PFD, the division considers obtaining an
Alaska driver's license to be very important. If an individual
makes a conscious choice not to receive an Alaska driver's
license that choice will certainly make it more difficult for
the division to prove the applicant's intent to become an
Alaskan and receive the PFD. Moreover, in the case of a
military spouse, the division often finds that the applicant's
primary residence, automobiles, and possessions are in the
military member's name, thus one of the few "ties" for the
spouse is the Alaska driver's license. Without an Alaska
driver's license, he remarked, "The burden of proof would
certainly increase on the military spouse."
REPRESENTATIVE SADDLER cautioned that the bill carries a benefit
for military families in certain circumstances, but it puts the
PFD at some risk.
REPRESENTATIVE ISAACSON disagreed, noting that if an individual
intends to stay in Alaska, he or she would get their Alaska
driver's license. He cited his personal experience while
serving in the military, and remarked, "So, if someone, again,
is volunteering to do this program they have to recognize that
what they're saying is that their home of record is not Alaska."
REPRESENTATIVE HUGHES inquired whether there was any type of
orientation available to military families to provide
information related to the PFD and other issues.
MR. DEBARTOLO stated that the division and DOR seek to educate
military families specifically about permanent fund dividend and
child support issues. In fact, the division has been making
efforts throughout the state to share information regarding its
programs and, if the bill passes, the division would ensure
those affected are aware.
2:26:00 PM
TIM JONES, Chairman, Military Affairs Committee, Greater
Fairbanks Chamber of Commerce, speaking as a former Garrison
Commander, informed the committee he was not aware of any formal
training targeted at the PFD, however, it is understood among
military members that receiving the PFD proves one's intent to
remain in Alaska; in fact, general knowledge among the military
is that if an individual wants to request a PFD it is necessary
to become an Alaska resident, and to do that an Alaska driver's
license is required. Mr. Jones opined a military service member
and spouse would not make different choices in this regard.
CO-CHAIR LEDOUX asked who prepared the supporting document found
in the committee packet entitled, "Driver's License Information
Page for Active Duty Members."
2:27:53 PM
NATHAN SOLORIO, Intern, Representative Doug Isaacson, Alaska
State Legislature, in response to Co-Chair LeDoux, stated he
researched online to determine what driver's license laws are in
other states, and prepared the Driver's License Information
Page.
CO-CHAIR LEDOUX described a scenario where an individual arrives
in Alaska and establishes residency to qualify for the PFD by
registering to vote. She asked whether an individual could
register to vote in one state and continue to have a driver's
license from another state.
MR. DEBARTOLO related that the division is often presented with
inconsistent actions; however, inconsistencies work against
applicants as the division gathers information. The division
weighs a myriad of factors such as benefits and exemptions from
another state, or moving expenses. In response to Co-Chair
LeDoux, he said the dividend application form does not ask
whether an applicant has a driver's license in another state.
2:31:22 PM
REPRESENTATIVE HUGHES expressed her belief that for a citizen to
vote in a presidential election one does not need to be
registered to vote, but only to show proof of citizenship. She
asked the bill's sponsor whether possession of a driver's
license from another state is sufficient in Alaska to vote for
president and vice-president.
REPRESENTATIVE ISAACSON said his understanding is that the
individual would get an absentee ballot from their state, or
submit a questioned ballot at any location with the appropriate
proof.
REPRESENTATIVE HUGHES requested confirmation.
REPRESENTATIVE ISAACSON offered to provide a definitive answer;
however, one in that situation would not be affected by the bill
because their voting ability would be determined by the Division
of Elections, Office of the Lieutenant Governor. He stressed
that HB 212 would only allow [the spouse of a military member]
to retain their home of record elsewhere. Conversely, if the
spouse prefers to become an Alaska resident and the military
member does not, the spouse is still free to obtain an Alaska
driver's license within 90 days. In response to Representative
Hughes, Representative Isaacson said all members of the military
in Alaska can vote for president.
2:35:16 PM
REPRESENTATIVE GRUENBERG questioned whether the state government
- by paper or online - provides a way of advising individuals of
the potential consequences of their actions; for example, when
applying for a PFD. He warned that these actions may have
serious legal and financial ramifications for an uninformed
family.
MR. DEBARTOLO, speaking on behalf of his division, informed the
committee the division uses its web site as an information
portal to determine the most complicated eligibility decisions.
However, "the cause and effect relationship ... mechanism" is
not on the web site. He said the division has been increasing
its military outreach through a new form entitled "Military
Information Form," which is provided when an applicant declares
a military absence and explains how far back they must retain
their records. He cautioned that the effects of House Bill 52,
passed in the Twenty-Eighth Legislature, and related to
allowable absences, "can hit military the hardest, if they're
not aware ...."
REPRESENTATIVE GRUENBERG offered to explore the need for
legislation directing a department to [develop a program]
guiding residents on their eligibility for the PFD. He observed
that providing such information may alert an applicant to
possible consequences.
REPRESENTATIVE ISAACSON responded positively to Representative
Gruenberg's proposal.
2:40:18 PM
REPRESENTATIVE SADDLER referred to the supporting document
entitled, "Driver's License Information" found in the committee
packet. He pointed out that in Alaska the home state driver's
license is honored until 90 days after an active duty military
member is discharged, and asked Ms. Erickson whether the
proposed legislation directs that the exemption for family
members would also expire after said discharge.
MS. ERICKSON responded that applies to a military member who was
out-of-state.
REPRESENTATIVE SADDLER asked Ms. Erickson if she could cite the
relevant statute and there was no response.
REPRESENTATIVE ISAACSON said the sectional analysis found in the
committee packet identifies the relevant statute. He then
clarified that if a spouse remains in Alaska after the military
member is discharged the exemption no longer applies, and state
law requires that a driver must apply for an Alaska driver's
license after 90 days.
2:42:10 PM
CO-CHAIR FOSTER opened public testimony on HB 212.
2:42:25 PM
TIM JONES, Army Colonel Ret., informed the committee he is a
former Garrison Commander at Fort Wainwright, and is currently
the chairman of the Military Affairs Committee, Greater
Fairbanks Chamber of Commerce (Fairbanks Chamber). He expressed
his support of HB 212, saying this legislation is long overdue.
The Soldiers' and Sailors' Civil Relief Act (SSCRA) has provided
this protection for active duty military but, as pointed out,
the spouses have not received that coverage. He relayed his and
his wife's personal experiences while he was serving in the Army
for 27 years. Regarding concerns about military members or
spouses losing PFD money, in his experience service members do
not have an expectation they will receive the PFD because to
qualify, a commitment and intent to become a resident must be
demonstrated. However, military members understand that one can
only be a resident of one state, although he acknowledged he has
seen instances of individuals trying to avoid paying state
income tax or vehicle taxes. Military legal services make clear
the following: military members can only be a resident of one
state; military members must pay state income taxes; military
members will purchase vehicle tags; and the state's driver's
license rules apply. Mr. Jones opined individuals who want the
PFD will become state citizens, and thus should have to get a
state driver's license. He concluded that HB 212 shows military
families that the sacrifices they make in service to our nation
are appreciated by the people and leaders of Alaska.
2:46:07 PM
ERLING JOHANSEN, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Anchorage), Department of Law
(DOL), advised if the legislature wanted to avoid a possible
constitutional challenge, the bill should accommodate same-sex
domestic partners because DOL has cases from 2005 and 2011 in
which the spousal exemption was subject to an equal protection
challenge.
2:47:12 PM
JIM DODSON, President/CEO, Fairbanks Economic Development
Corporation, testified in support of HB 212. The bill
demonstrates to a service member and to a service member's
spouse the true appreciation Alaskans feel for military members,
and it thanks them for their service. He urged the committee to
support the bill.
2:48:10 PM
CO-CHAIR FOSTER, after ascertaining that no one else wished to
testify, closed public testimony.
REPRESENTATIVE SADDLER stated he was proud to serve in a
legislature and state that are so welcoming to their service
members. The bill is evidence of Alaskans' desire to extend a
welcoming hand to lower the burden of military service and life
in Alaska, and he said he supports the bill.
2:48:54 PM
CO-CHAIR FOSTER said an amendment was forthcoming thus HB 212
was held over.
[There followed discussion related to the forthcoming
amendment.]
2:50:34 PM
ADJOURNMENT
There being no further business before the committee, the House
Military & Veterans' Affairs Committee meeting was adjourned at
2:50 p.m.
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