Legislature(1993 - 1994)

04/06/1994 03:00 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SB 160 - MEMORIAL SCHOLARSHIP LOANS                                          
                                                                               
  TERRY OTNESS, Legislative Aide to Sen. Robin Taylor, Prime                   
  Sponsor of SB 160, stated that legislation would modify                      
  eligibility requirements for the Alaska State Trooper's                      
  Michael Murphy Scholarship to include certificate programs.                  
  He said the scholarship revolving loan fund established by                   
  the legislature includes a provision allowing the                            
  forgiveness of one-fifth of the loan indebtedness for each                   
  one year period of full time employment in law enforcement                   
  in Alaska. Department of Labor statistics show that 63% of                   
  Sitka program graduates are currently employed in the state                  
  as law enforcement personnel.                                                
                                                                               
  MR. OTNESS further stated that SB 160 has a zero fiscal note                 
  and received unanimous support in the Senate.  He asserted                   
  that the bill would encourage Alaska students to seek                        
  employment in Alaska.  He urged support of the legislation.                  
                                                                               
  Number 100                                                                   
                                                                               
  REP. BUNDE referred to the forgiveness program and the zero                  
  fiscal note and asked if there could be forgiveness and a                    
  zero fiscal note.                                                            
                                                                               
  Number 105                                                                   
                                                                               
  MR. OTNESS said it did not sound logical to him and he did                   
  not understand the discrepancy.                                              
                                                                               
  Number 117                                                                   
                                                                               
  REP. G. DAVIS indicated that zero fiscal notes are put forth                 
  when there is no impact other than what has been funded in                   
  the past.  He said the legislation is not asking for                         
  additional funding.                                                          
                                                                               
  REP. BUNDE said that was not his understanding.                              
                                                                               
  Number 149                                                                   
                                                                               
  CHAIR TOOHEY asked if the memorial scholarship program is                    
  new.                                                                         
                                                                               
  REP. G. DAVIS said it is not a new program and it has been                   
  funded in the past.                                                          
                                                                               
  REP. OLBERG referred to the position paper from the                          
  Department of Public Safety and indicated that the Michael                   
  Murphy Scholarship is supported entirely by state employees                  
  donating a day or more of annual leave per year to the fund.                 
                                                                               
  MR. OTNESS added that private donations are also given.                      
                                                                               
  Number 181                                                                   
                                                                               
  REP. BUNDE said his comments do not indicate that he is                      
  opposed to the scholarship.                                                  
                                                                               
  CHAIR TOOHEY asked for further testimony.                                    
                                                                               
  Number 185                                                                   
                                                                               
  DIANE BARRANS, Director, Student Financial Aid Programs,                     
  Alaska Commission on Postsecondary Education, testified in                   
  support of SB 160.  She stated that the scholarship program                  
  is primarily funded by donations from state troopers, which                  
  explains the zero fiscal note.  She indicated that there is                  
  a set amount of money that is made available to students                     
  each year.  She said the bill would expand the eligibility                   
  pool to include the certificated students at the police                      
  academy in Sitka.                                                            
                                                                               
  Number 226                                                                   
                                                                               
  REP. G. DAVIS asked Ms. Barrans if there has been any                        
  problems expending the money and indicated that the academy                  
  is not a degree program.                                                     
                                                                               
  MS. BARRANS said it is not a degree program.  She indicated                  
  that there are currently 30 borrowers in the history of the                  
  program.  She explained that there are up to four new                        
  scholarship loans per year.                                                  
                                                                               
  REP. BUNDE asked if the scholarship would be limited to the                  
  Sitka program only.                                                          
                                                                               
  MS. BARRANS said the legislation would include Sitka.                        
                                                                               
  REP. BUNDE explained that he is a member of the                              
  Postsecondary Education Commission and indicated that an                     
  appeal was put forth on a student loan by a police officer                   
  in Juneau.  Rep. Bunde said the officer was in a certificate                 
  program in another state and was unable to get the student                   
  loan.  He felt the legislation would address that situation.                 
                                                                               
  Number 278                                                                   
                                                                               
  (Chair Toohey indicated that Reps. B. Davis, Kott, and Brice                 
  arrived at 3:10 p.m.)                                                        
                                                                               
  REP. VEZEY asked if the loan fund is capitalized by the                      
  Department of Public Safety.                                                 
                                                                               
  Number 280                                                                   
                                                                               
  MS. BARRANS replied that it can be funded by any state                       
  employee.  She indicated that the Department of Public                       
  Safety tends to donate most often.                                           
                                                                               
  REP. VEZEY asked if the scholarship program is funded by the                 
  Department of Administration (DOA).                                          
                                                                               
  MS. BARRANS explained that the DOA is the mechanism through                  
  which the leave time becomes dollars.  She said by donating                  
  leave, money goes into the scholarship loan fund.                            
                                                                               
  Number 313                                                                   
                                                                               
  REP. VEZEY said if the program is really funded through the                  
  DOA, leave time cannot be converted into dollars, citing                     
  that either employees use leave time or lose it.                             
                                                                               
  MS. BARRANS said to her knowledge leave time can be cashed                   
  in depending on how much leave time has been accrued.  She                   
  explained that if a person has six weeks of leave, they are                  
  allowed to cash in a certain amount of days of leave time                    
  per year and receive it in a check.                                          
                                                                               
  REP. VEZEY said he thought leave time could only be cashed                   
  in when an employee leaves their job.                                        
                                                                               
  MS. BARRANS said his interpretation was correct also.                        
                                                                               
  REP. VEZEY asked if donating a day of leave time actually                    
  means the employee worked a day and did not get paid.                        
                                                                               
  MS. BARRANS said that was possible.                                          
                                                                               
  REP. VEZEY asked what other possibilities there were to                      
  donate a day of leave time.  He asserted that the employees                  
  work but donate their leave.                                                 
                                                                               
  MS. BARRANS said, "Or they would not have that leave                         
  available to cash out when they either separate from the                     
  state or choose to cash in leave."                                           
                                                                               
  REP. VEZEY asked how an employee would be entitled to a tax                  
  deduction.                                                                   
                                                                               
  MS. BARRANS said she was unsure.                                             
                                                                               
  REP. BRICE indicated that staff can and legislators cannot                   
  donate leave time.                                                           
                                                                               
  Number 386                                                                   
                                                                               
  CHAIR TOOHEY said she also would like that answer and                        
  indicated that she wanted to hold the bill.                                  
                                                                               
  REP. BRICE maintained that the bill is one of the most                       
  uncomplicated bills that has come through the committee.  He                 
  said all the bill does is include certificated programs.  He                 
  indicated that the program is a very well established                        
  funding mechanism that the state has been using for years.                   
  He said, "It would be like me taking a day's salary and                      
  writing the check for it and passing it out."  He encouraged                 
  the committee to pass the bill out.                                          
                                                                               
  Number 432                                                                   
                                                                               
  REP. VEZEY disagreed and said the employee never received                    
  the money.  He said that they are getting a tax deductible                   
  contribution for donation of their time which clearly, under                 
  IRS regulations, is not tax deductible.  He further                          
  explained that he would like an answer before passing the                    
  bill out of committee.                                                       
                                                                               
  REP. B. DAVIS asked where in the bill it states that the                     
  leave time donation is tax deductible.                                       
                                                                               
  REP. OLBERG indicated that the a document in the bill packet                 
  titled "Michael Murphy Memorial Scholarship Loan Fund"                       
  addresses the concern.                                                       
                                                                               
  REP. BRICE said, "It might be to write off the forgiveness.                  
  I don't know."                                                               
                                                                               
  Number 490                                                                   
                                                                               
  REP. VEZEY said he believed the DOA is not mandated to pay                   
  employees for unused leave.  He felt there was flexibility                   
  for the DOA.  He asked for clarification.                                    
                                                                               
  CHAIR TOOHEY asked Rep. Vezey if he would like to work with                  
  the committee aide in a subcommittee to address the problem.                 
                                                                               
  REP. OLBERG commended Chair Toohey's recommendation of a                     
  subcommittee comprised of one staff member and one committee                 
  member, citing the excellent use of time and energy.                         
                                                                               
  CHAIR TOOHEY asked for further testimony.  There was none.                   
                                                                               
  REP. BRICE made a motion to pass SB 160 out of committee                     
  with individual recommendations.                                             
                                                                               
  CHAIR TOOHEY indicated that it was her intent to hear                        
  further testimony and table the bill until the                               
  aforementioned concerns have been addressed.                                 
                                                                               
  Number 547                                                                   
                                                                               
  REP. B. DAVIS asked the origin of the document titled                        
  "Michael Murphy Memorial Scholarship Loan Fund."                             
                                                                               
  MR. OTNESS said he was unsure and would check into it.                       
                                                                               
  REP. B. DAVIS indicated that the document says that the                      
  statement "may" be used for income tax purposes.  She                        
  asserted that there is a difference between shall and may.                   
  She further indicated that there are some donations that are                 
  tax deductible and some that are not.  She felt that Rep.                    
  Vezey's concerns were irrelevant to the bill.                                
                                                                               
  CHAIR TOOHEY said Rep. Vezey's concerns would be addressed                   
  at a later date.  She then brought SB 266 to the table.                      

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