01/31/2023 03:00 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB48 | |
| HB25 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 48 | TELECONFERENCED | |
| *+ | HB 25 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 31, 2023
3:03 p.m.
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Jennie Armstrong
MEMBERS ABSENT
Representative Andi Story
COMMITTEE CALENDAR
HOUSE BILL NO. 48
"An Act relating to reports from the State Commission for Human
Rights."
- HEARD & HELD
HOUSE BILL NO. 25
"An Act relating to eligibility for the permanent fund dividend;
and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 48
SHORT TITLE: HUMAN RIGHTS COMMISSION ANNUAL REPORT
SPONSOR(s): REPRESENTATIVE(s) PRAX
01/25/23 (H) READ THE FIRST TIME - REFERRALS
01/25/23 (H) STA
01/31/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 25
SHORT TITLE: PFD ELIGIBILITY UNIFORMED SERVICES
SPONSOR(s): REPRESENTATIVE(s) STORY
01/19/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) STA, MLV, FIN
01/31/23 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
BARBARA HANEY, Staff
Representative Mike Prax
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 48 with a PowerPoint
presentation, on behalf of Representative Prax, prime sponsor.
ROB CORBISIER, Executive Director
Alaska State Commission on Human Rights
Washington, DC
POSITION STATEMENT: Answered questions during the hearing on HB
48.
SETH WHITTEN, Staff
Representative Andi Story
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 25, on behalf of
Representative Story, prime sponsor.
DAVID WILKINSON, Lieutenant, Commissioned Corpsman
Commissioned Corps of the U.S. Public Health Service
Florida
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 25.
SARAH TANJA
Seattle, Washington
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 25.
GENEVIEVE WOJTUSIK, Director
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony during the
hearing on HB 25.
SEAN IRELAND, Appeals Manager
Permanent Fund Dividend Division
Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
25.
ACTION NARRATIVE
3:03:55 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at 3:03 p.m. Representatives
Carpenter, C. Johnson, Allard, Armstrong, Wright, and Shaw were
present at the call to order.
HB 48-HUMAN RIGHTS COMMISSION ANNUAL REPORT
3:04:45 PM
CHAIR SHAW announced that the first order of business would be
HOUSE BILL NO. 48, "An Act relating to reports from the State
Commission for Human Rights."
3:05:10 PM
The committee took a brief at-ease.
3:05:20 PM
[Due to technical difficulties, sound was lost briefly.]
3:06:15 PM
The committee took a brief at-ease.
3:07:12 PM
BARBARA HANEY, Staff, Representative Mike Prax, Alaska State
Legislature, provided a PowerPoint presentation, titled "Alaska
State Commission for Human Rights House Bill 48" [hard copy
included in the committee packet]. She began on slide 2,
revealing that the request for the statute change in HB 48 came
as a result of a unanimous vote by the Alaska State Commission
for Human Rights (ASCHR) in their meeting on December 13, 2022.
On slide 3, she cited current statute pertaining to annual
reports from the commission, which read as follows [original
punctuation provided]:
Article 3. Commission Reports and Publications.
Sec. 18.80.150. Annual report.
The commission shall report annually to the governor
on civil rights problems it has encountered in the
preceding year and may recommend legislative action.
The commission shall provide the Legislative Affairs
Agency with 40copies of the report during the week
preceding the convening of the annual legislative
session for library distribution. The commission shall
make copies of the report available to the public and
notify the legislature that the report is available.
Annual Report Archives
https://humanrights.alaska.gov/human-rights-
commission-annual-reports/
3:08:52 PM
MS. HANEY outlined the number of required copies of the report
on slide 4, which read as follows [original punctuation
provided]:
The current legal number of copies leaves sufficient
copies for the Alaska State House. However, there are
then no copies available for the Alaska State Senate.
Increasing the number of copies makes the report
available to the Senate.
House Bill 48 ensures that there are copies for each
member of the Alaska Senate.
3:09:17 PM
MS. HANEY addressed the limited time for completion of analysis
on slide 5, which read as follows [original punctuation
provided]:
The Report Due Date in Statute limits the Commissions
ability to perform analysis or find a printer to
create the current number of reports.
House Bill 48 ensures the Human Rights Commission has
sufficient time to meet statutory requirements for the
Annual Report and the 3-year Assessment.
3:09:49 PM
MS. HANEY proceeded to slide 6, which displayed a calendar of
January 2023. She indicated that the statutory due date of the
report left little time for analysis of the data. The data set
ended on January 1, she said, noting that session began on
th
January 17, 2023. The report would have been due on January 7.
She turned to slide 7, which read as follows [original
punctuation provided]:
Under current statute, the ASCHR had only 4 days to
complete the report, find a printer, and distribute
the reports.
MS. HANEY continued to slide 8, stating that under HB 48, the
th
due date of the annual report would be on the 30 day of the
legislative session.
3:11:37 PM
MS. HANEY conveyed that HB 48 would also provide additional time
for the three-year assessment. Slide 9 highlighted current
statutory language pertaining to the three-year assessment,
which read as follows [original punctuation provided]:
Sec. 18.80.060. Powers and duties of the commission.
(6) make an overall assessment, at least once every
three years, of the progress made toward equal
employment opportunity by every department of state
government; results of the assessment shall be
included in the annual report made under AS 18.80.150.
MS. HANEY opined that HB 48 would improve the assessment
process. She directed attention to slide 10, which read as
follows [original punctuation provided]:
The reality is that the 3-year assessment with state
agencies competes with the agency budget cycles. It
takes two months to complete the scheduling process.
This leaves the Commission competing with budget,
holidays, and other agency requests to do their
review. It leads to a rushed qualitative analysis and
publication.
The Commission records indicate that since1980, these
reports are typically printed in February or March,
and the 3-yearassessment reports have been published
in April. House Bill 48AnImprovement in the Assessment
Process
MS. HANEY concluded on slide 11 by outlining the following
benefits of HB 48: more time for the commission to complete its
work; allow time for improved qualitative results in the three-
year assessment; allow for improved statistical analysis in the
annual report; put into statute the practical reality of the
commission's work.
CHAIR SHAW invited questions from committee members.
3:14:00 PM
REPRESENTATIVE CARPENTER asked why the number of copies would be
increased from 40 to 60.
MS. HANEY said increasing the number from 40 to 60 would provide
enough copies for all 60 members of the Alaska State
Legislature.
REPRESENTATIVE CARPENTER pointed out that current practices were
transitioning largely from print media to digital. He inquired
about the need for printing hard copies.
MS. HANEY agreed; however, she shared her understanding that
some people still prefer paper copies.
REPRESENTATIVE CARPENTER inquired about the size of the annual
report.
MS. HANEY approximated 20-30 pages.
3:15:47 PM
REPRESENTATIVE ALLARD expressed her preference that the report
be emailed to the legislature. She asked whether the commission
had discussed that option. She suggested that electronic copies
could be printed by the recipients.
MS. HANEY shared her belief that the bill sponsor would be
amenable to those suggestions.
3:17:22 PM
CHAIR SHAW asked how long it took to produce the report
referenced in the proposed legislation.
ROB CORBISIER, Executive Director, ASCHR, stated that this year,
most of the vignettes for the report were completed prior to
January 1. The edits were finalized by January 19, he added.
He shared that the proof was received one week later, and the
subsequent revisions were submitted shortly after.
REPRESENTATIVE ALLARD asked how much it cost to publish the
report. She suggested that digital distribution would be a
cost-saving measure.
MR. CORBISIER estimated $1,500. He speculated that
transitioning to digital distribution methods would save around
$1,000. Nonetheless, he clarified that the commission had not
considered switching to a different method of distribution.
REPRESENTATIVE ALLARD expressed concern that the state was in
dire straights with the fiscal budget.
MR. CORBISIER noted that the commission offered a digital
version of the report, which was published on the [ASCHR]
website. He explained that the commission received a price
break for printing a minimum of 200 copies, of which 60-80 were
sent to the legislature as a matter of routine.
REPRESENTATIVE ALLARD inquired about the hours of labor that
went into creating the report.
MR. CORBISIER said a lot of time was spent producing the
materials.
3:21:22 PM
REPRESENTATIVE CARPENTER asked which agencies were on the
distribution list aside from the governor and the legislature.
MR. CORBISIER explained that, per statute, the governor and the
legislature were the only two entities on the distribution list.
3:22:29 PM
CHAIR SHAW opened public testimony on HB 48.
3:22:38 PM
The committee took a brief at-ease.
3:23:14 PM
CHAIR SHAW closed public testimony on HB 48 after ascertaining
that no one online or in person wished to testify. He announced
that HB 48 would be held over.
3:23:53 PM
The committee took a brief at-ease.
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.
3:59:35 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 3:59
p.m.
| 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 |