SB 59-PFD ALLOWABLE ABSENCE FOR DIPLOMATS  CHAIR GENE THERRIAULT announced SB 59 to be up for consideration. 3:58:17 PM SENATOR FRED DYSON, sponsor, explained that SB 59 adds diplomats serving in the U.S. Foreign Service to the list of people who qualify for an allowable absence for purposes of continuing to receive a Permanent Fund dividend while living outside of Alaska. Thirty Alaskans might be serving in this category. CHAIR THERRIAULT referenced the fiscal note and asked how he proposed to define and limit "diplomat." 4:00:45 PM LUCKY SCHULTZ, Staff to Senator Dyson, said it would be a Foreign Service officer or a specialist on active duty with the U.S. Department of State. CHAIR THERRIAULT questioned whether the definition is currently in statute or would it be developed under regulation. MR. SCHULTZ said the proposal is to provide a definition in either the new or an additional section. CHAIR THERRIAULT asked if the drafter advised that there was no definition for the term. SCHULTZ answered no. CHAIR THERRIAULT pointed out that legislators frequently receive requests to include different categories of individuals to the allowable absence list and he has a strong view on the issue. He wasn't sure how the sponsor would prevent a sort of "Christmas treeing of the idea." SENATOR DYSON acknowledged it's a legitimate concern. CHAIR THERRIAULT asked if these individuals reside in Alaska when they aren't assigned elsewhere. SENATOR DYSON said he assumes that they maintain a voting address here and use Alaska as a residence of record. When not assigned they return to the state. 4:04:27 PM SENATOR THOMAS WAGONER said he doesn't object to the bill but he'd like sideboards requiring the funds be placed in a special account until the individual returns and establishes the fact that he/she is going to reside in the state. CHAIR THERRIAULT said that discussion was held for college students that went out of state for school. The legal advice was that if you make the determination that the individual is eligible, it's a property right and there is no ability to deny access. SENATOR WAGONER responded we should ask the legal minds to give us a method that will work instead of a reason why it won't. SENATOR BETTYE DAVIS asked the sponsor if he is aware of any individuals who previously served in the U.S. Foreign Service and now reside in Alaska. SENATOR DYSON replied he probably does but he couldn't think of anyone right then. CHAIR THERRIAULT advised that he wanted to work with the sponsor's staff on the definition for "diplomat." SENATOR DYSON said he understood that a diplomat was going to call in from Mexico. 4:07:49 PM JOEL KOPP testified that he is a Foreign Service officer working in Monterrey Mexico. He was born, went to school, and worked in Alaska before joining the Foreign Service. Up to that time he qualified for and received every Permanent Fund dividend that was issued. He said he is testifying to communicate that denying the Permanent Fund dividend because he and other Alaskans are in diplomatic service is inconsistent with what appears to be the values of the PFD program as evidenced by the list of absences that are allowed. Military personnel and congressional staffers are apparently included because they have chosen a profession of high service to the U.S. that requires absence from the state. He said diplomats consider it an honor to represent the U.S. government abroad and Alaska should be proud of its residents who have achieved that profession. Support should be expressed tangibly by not denying a dividend. It's important to realize that he isn't a resident of another state. If he's not an Alaskan then he's stateless because if Alaska doesn't treat him as a resident there is certainly no other state that would do so. The argument put forth that diplomats should be excluded because they don't need the money is unsustainable. The PFD program has always been about equal treatment for Alaskans. It doesn't matter how much money you have or don't have. Another argument is that if the program is open to Foreign Service personnel it would open the door for other groups. His response is that there may or may not be other groups that should be included in the PFD program. Offering that as a reason is a red herring, he said. Each group should be evaluated on merit. Alaska Foreign Service personnel are a small group that has little political power. However, they serve and represent Alaska in a way that would make Alaska proud. He thanked Senator Dyson for sponsoring the bill. 4:13:48 PM CHAIR THERRIAULT asked if he was hired directly out of Alaska. MR. KOPP said yes, the State Department paid for his move from Kenai. CHAIR THERRIAULT asked if his tour of duty that has a definite end date after which he would be required to move back to the U.S. MR. KOPP explained that when you're in the Foreign Service your tour of duty is either in a foreign country or in Washington DC. Tours always have a definite time and between tours the diplomat is allowed home-leave and by congressional law you must return to your home. He said he would be back in Alaska this coming summer. CHAIR THERRIAULT asked if his next tour of duty would be in Washington DC. MR. KOPP said it would, but there is no standard regarding where you would go. CHAIR THERRIAULT asked if his family was with him. MR. KOPP answered yes, he's married with three sons. SENATOR CHARLIE HUGGINS asked when he joined the Foreign Service. JOEL replied his hiring date was 2002. SENATOR HUGGINS asked if there was any doubt when he joined about whether or not he would receive the Permanent Fund. MR. KOPP said, "I wanted to be denied the dividend just to have that as the listed reason as the refusal..." He said he continued to apply and then once he moved over seas he was denied. SENATOR HUGGINS said then when you left Alaska you understood you wouldn't receive the dividend. MR. KOPP replied he realized that was almost a certainty. SENATOR DYSON said his argument for sponsoring the bill is that a condition of the job makes it difficult to impossible to return to the state every 180 days to maintain the qualification. He asked if that is true. MR. KOPP agreed it is virtually impossible. 4:18:16 PM SENATOR THOMAS WAGONER asked how military personnel are treated. CHAIR THERRIAULT stated that military service is an allowable absence. SENATOR WAGONER asked if there weren't sideboards limiting the number of years. CHAIR THERRIAULT replied they must remain in active duty and after a certain number of years the requirement becomes more difficult. SENATOR WAGONER suggested reviewing the requirements because there is a parallel. Both entail reassignments away from home base. SENATOR DYSON said that's what we're amending. He directed attention to item 3 at the bottom of page 1 and the top of page 2, the additions in the old Section 14, and the renumbered Section 15. MR. KOPP agreed there are a lot of parallels between the military and diplomatic service. 4:20:26 PM SENATOR HUGGINS suggested there are differences. He asked Mr. Kopp if he carries a weapon. MR. KOPP answered no. SENATOR HUGGINS asserted the differences outweigh the similarities. 4:21:18 PM CHAIR THERRIAULT announced he would hold SB 59.