Legislature(2005 - 2006)HOUSE FINANCE 519
03/30/2005 09:00 AM House FINANCE
Audio | Topic |
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Start | |
HB127 | |
HB75 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 127 | |||
HB 75 | |||
HOUSE BILL NO. 127 "An Act relating to service in the peace corps and to service as a diplomat in the United States Foreign Service as allowable absences from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date." 9:07:27 AM REPRESENTATIVE LESIL MCGUIRE, sponsor, spoke in support of HB 127. She reported that the Peace Corps provides an important service and its members return to Alaska and contribute to the state. Peace Corps volunteers were one of the original groups that were a recognizable exemption from the eligibility requirements for the permanent fund dividend. Representative McGuire highlighted the many contributions made by members of the Peace Corps. She explained that the second part of the bill would give civil penalty authority to the Department of Revenue to crack down on dividend fraud. Vice-Chair Stoltze asked if this is the same bill as last year's bill. Representative McGuire replied yes. She noted that a Peace Corps Volunteer application has been included in the members' packets (copy on file.) 9:12:14 AM RUSSELL WALKER, ANCHORAGE, (via teleconference) shared his Peace Corps experiences in Africa. He explained that a Peace Corps worker is alone in the country and that some have died in service to the United States. He submitted written testimony about "Fallen Peace Corps Volunteers Memorial Project"(copy on file.) He testified in support of HB 127. SHELLY BREWER, ANCHORAGE, (via teleconference) requested that the permanent fund dividend be reinstated for future Peace Corps workers. She shared her experience as a Peace Corps worker in Romania. 9:18:41 AM JOE SULLIVAN, ANCHORAGE, (via teleconference) shared his experiences in Zambia in the Peace Corps. He spoke in favor of HB 127. 9:22:15 AM DENMER WELLS, ANCHORAGE, (via teleconference) shared his Peace Corps experiences in Thailand and testified in support of HB 127. BRIAN BRUBAKER, ANCHORAGE, (via teleconference) spoke in support of HB 127 and in support of Peace Corps workers. 9:28:45 AM JUSTIN BARBALACE, PALMER, (via teleconference) spoke as a Peace Corps nominee in support of HB 127. Co-Chair Meyer closed public testimony. 9:30:10 AM Co-Chair Meyer MOVED to ADOPT Amendment 1 which reads as follows: Page 2, line 29: Delete "[OR](14), or (15)" Insert "or (15)[14)]" Vice-Chair Stoltze OBJECTED for discussion purposes. SUZANNE CUNNINGHAM, STAFF, REPRESENTATIVE KEVIN MEYER, explained that Amendment 1 closes a loophole regarding the eligibility of a spouse or a dependant of a Peace Corps volunteer to also receive a permanent fund dividend. Vice-Chair Stoltze asked about previous legislation related to this bill. Representative McGuire spoke in favor of Amendment 1. Vice-Chair Stoltze WITHDREW his OBJECTION. There being NO OBJECTION, Amendment 1 was adopted. 9:33:22 AM Representative Croft WITHDREW Amendment 2 and stated that he would work with the sponsor on his ideas. Representative Weyhrauch MOVED to ADOPT Amendment 3, which reads as follows: Page 1, line 1, following "Act": Insert "relating to voter registration and voting for purposes of eligibility for permanent fund dividends;" Page 1, following line 7: Insert a new bill section to read: "* Section 1. AS 43.23.005(a) is amended to read: (a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if the individual (1) applies to the department; (2) is a state resident on the date of application; (3) was a state resident during the entire qualifying year; (4) has been physically present in the state for at least 72 consecutive hours at some time during the prior two years before the current dividend year; (5) is (A) a citizen of the United States; (B) an alien lawfully admitted for permanent residence in the United States; (C) an alien with refugee status under federal law; or (D) an alien that has been granted asylum under federal law; (6) was, at all times during the qualifying year, physically present in the state or, if absent, was absent only as allowed in AS 43.23.008; [AND] (7) was in compliance during the qualifying year with the military selective service registration requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), if those requirements were applicable to the individual, or has come into compliance after being notified of the lack of compliance; (8) is registered to vote in state elections if the individual was qualified to register to vote in state elections during the qualifying year; and (9) voted in the most recent general election held before the current dividend year if the individual was qualified to vote in that general election." Page 1, line 8: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 4, line 12: Delete "secs. 3 - 5" Insert "secs. 4 - 6" Page 4, line 15: Delete "sec. 4" Insert "sec. 5" Page 4, line 16: Delete "sec. 5" Insert "sec. 6" Page 4, line 19: Delete "Section 6" Insert "Section 7" Page 4, line 20: Delete "Sections 3 - 5" Insert "Sections 4 - 6" Page 4, line 21: Delete "Sections 1 and 2" Insert "Sections 1 - 3" Representative Weyhrauch explained that the intent of the amendment is to get citizens to have registered and voted in the last general election before receiving a permanent fund dividend. Co-Chair Meyer OBJECTED. He spoke of a concern about putting a higher standard on Peace Corps workers than other citizens. Representative Weyhrauch replied that Amendment 3 would treat all people who apply for a permanent fund dividend equally. Co-Chair Meyer asked how it would apply to military personnel. Representative Weyhrauch explained that it would be the same; they would have to register and vote first. 9:35:45 AM Representative Hawker applauded the intent of the amendment, however, he pointed out that many people do not vote because of religious reasons. He stated that he does not want to disenfranchise those people. Representative Holm warned against unintended consequences of mandating voting requirements. Representative Joule asked Representative McGuire if Amendment 3 would raise any constitutional issues. Representative McGuire opined that it would. She expressed that "as much as we want people to vote," there are First Amendment reasons why some people choose not to vote. She concurred with Representative Holm's warning against unintended consequences. 9:38:49 AM Representative Croft related that he tried to draft a similar bill that would require a person to have voted in order to receive a dividend, but he could not get beyond the difficulties of religious exemption and a person's right not to vote. He expressed concern about forcing people to vote. He commented that he would rather see more informed voters and not more forced voters. He reported that he couldn't support Amendment 3. Representative Weyhrauch summed up the issue of free choice and the right to vote or not to vote. He opined that it is not right to force a person to vote because voting is a privilege and not an obligation. He voiced concern that money is given out to those who are not physically or politically present in the state, and the list of abuses continues to grow. He summarized a concern that citizens have a fundamental obligation to participate in democracy and vote, and if they don't they should not be paid a permanent fund dividend check. The state should allow exempt Alaskans to collect a permanent fund dividend check only when they return to the state so that the state can receive the benefits of their presence in the state. He acknowledged that legal issues raised by the sponsor and the committee exist. 9:44:43 AM Representative Kelly mentioned mechanical challenges raised by Amendment 3. He noted that he understands the spirit of the bill. 9:46:10 AM SHARON BARTON, DIRECTOR, PERMANENT FUND DIVIDEND DIVISION, DEPARTMENT OF REVENUE, related that the Department of Revenue would need a year to inform recipients of the changes caused by Amendment 3. Representative Weyhrauch WITHDREW Amendment 3. 9:47:31 AM Vice-Chair Stoltze MOVED to report CS HB 127 (FIN) out of Committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB 127 (FIN) was REPORTED out of Committee as amended with a "do pass" recommendation and with accompanying zero fiscal note #1 by the Department of Revenue. 9:48:54 AM
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