Legislature(1999 - 2000)

04/11/2000 03:11 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 355 - STATE COMMUNITY SERVICE PROGRAM                                                                                      
                                                                                                                                
Number 1500                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON announced the next  order of business as House Bill                                                              
No. 355, "An  Act establishing a state community  service program;                                                              
establishing  by  statute  the  Alaska   State  Community  Service                                                              
Commission; and providing for an effective date."                                                                               
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE ALLEN  KEMPLEN, Alaska State  Legislature, sponsor,                                                              
came  forward to  present  HB 355.    He has  become  increasingly                                                              
concerned about the  lack of participation in the  civic sector by                                                              
the citizens.   Before he became a legislator, he  was very active                                                              
in his  neighborhood and community,  and he found  it increasingly                                                              
difficult to  get people to  participate in volunteer  activities.                                                              
He  discovered that  volunteerism  is an  essential  trait of  the                                                              
American  character  and  has always  been  powerful  in  American                                                              
culture.    He  told  the  committee  members  there  are  several                                                              
articles  in   their  packets   that  addressed  the   diminishing                                                              
character  trait.  Technology  has  played a great  role in  this.                                                              
One of the  articles maintained that television  is drawing people                                                              
away from participating in the community,  faith organizations and                                                              
community  service organizations.   The  Internet is also  keeping                                                              
people  isolated  from  their neighbors.    With  this  increasing                                                              
isolation  of  individuals,  the  community needs  are  not  being                                                              
addressed.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KEMPLEN explained  that in the  past, many  of the                                                              
social problems were dealt with in  the civic sector by social and                                                              
community organizations.   House Bill 355 provides  incentives for                                                              
people to  participate in civic  sector organizations and  do some                                                              
good  for their  neighborhood and  the  community at  large.   The                                                              
Department of  Education & Early  Development has provided  a zero                                                              
fiscal note  for HB 355.   The Alaska Housing  Finance Corporation                                                              
said it foresees  no increased cost  for the housing voucher.   It                                                              
would be treated as a component of its portfolio.                                                                               
                                                                                                                                
REPRESENTATIVE  KEMPLEN noted that  the community service  program                                                              
that was  created by executive order  is lodged in  the Department                                                              
of  Education  & Early  Development  (EED).    It was  created  to                                                              
channel the Americorps grants from  the federal government, and HB
355 moves  that commission  to Alaska statutes  and gives  it some                                                              
additional  responsibilities.     The  commission  will  take  the                                                              
initiative  to create  an Alaska-based  community service  program                                                              
instead  of just  monitoring the  Americorps pass-through  grants.                                                              
The EED feels it can do that with existing staff.                                                                               
                                                                                                                                
Number 1797                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked Representative  Kemplen if this was a                                                              
prototype, or if  it was patterned after things  existing in other                                                              
states or communities.                                                                                                          
                                                                                                                                
REPRESENTATIVE  KEMPLEN   answered  that  the   community  service                                                              
program  is  something already  in  place.    This bill  makes  it                                                              
Alaska-specific and strengthens it.                                                                                             
                                                                                                                                
Number 1835                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER asked Representative  Kemplen how  HB 355                                                              
revamps the existing Community Service Commission.                                                                              
                                                                                                                                
REPRESENTATIVE  KEMPLEN replied it  doesn't revamp the  commission                                                              
itself, it  just moves it  into Alaska statutes.   It makes  it an                                                              
official  state-sponsored  program and  gives  it some  additional                                                              
responsibilities.                                                                                                               
                                                                                                                                
REPRESENTATIVE  WHITAKER   asked  how  exactly  it   enhances  the                                                              
commission.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEMPLEN   said  it  enhances  it   by  giving  the                                                              
commission  members  a  greater  charge.    It  strengthens  their                                                              
mission  so they  become  responsible for  laying  out an  Alaska-                                                              
specific  community service  program.  The  commission will  write                                                              
administrative  procedures  and  regulations  on how  this  Alaska                                                              
program would be  implemented, what would qualify  an organization                                                              
to  receive  the  designation  of  an  official  Alaska  community                                                              
service program, and  what type of criteria it would  have to meet                                                              
in order  to justify the housing  or education voucher.   It gives                                                              
the commission work.                                                                                                            
                                                                                                                                
Number 1934                                                                                                                     
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  Representative   Kemplen  what  he                                                              
envisioned  as  part  of  the  community  service  specific  to  a                                                              
community; what kinds of logistical  things was he thinking people                                                              
would do.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  KEMPLEN   suggested  a  number  of   things  could                                                              
qualify,  but the  Community Service  Commission  would set  those                                                              
parameters.   That  would  be the  commission's  charge to  define                                                              
exactly  what  the  sideboards  are  that  qualify  for  community                                                              
service.    It  will  be  structured.   It  will  have  to  be  an                                                              
established  civic organization.   There are  already a  number of                                                              
civic  organizations that  provide  community  service, and  those                                                              
organizations could apply to participate  in this Alaska community                                                              
service program.                                                                                                                
                                                                                                                                
CHAIRMAN DYSON  commented that this group  will be doing  a lot of                                                              
work.  If it can do it without existing  cost, he wondered what is                                                              
being done now that the commission will quit doing.                                                                             
                                                                                                                                
REPRESENTATIVE  KEMPLEN said  his impression  from talking  to the                                                              
members of  the Community Service  Commission, is that  they don't                                                              
do too much now besides approve the  federal pass-through dollars.                                                              
House Bill 355 will tap into that potential.                                                                                    
                                                                                                                                
Number 2048                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  asked where  the money is  going to come  from for                                                              
the vouchers.                                                                                                                   
                                                                                                                                
REPRESENTATIVE KEMPLEN  answered that the housing  voucher becomes                                                              
part of  the portfolio of  the Alaska Housing Finance  Corporation                                                              
(AHFC).   The AHFC is  guaranteeing a  100 percent mortgage  loan.                                                              
That is  carried on  the AHFC's  books so  there is no  additional                                                              
cost  to the  AHFC.   The  educational  vouchers  could come  from                                                              
either  the university  as  a  line item  in  its budget  or  from                                                              
federal funds.                                                                                                                  
                                                                                                                                
CHAIRMAN DYSON  referred to page 3  of HB 355 and asked  about the                                                              
faith based organizations.                                                                                                      
                                                                                                                                
REPRESENTATIVE KEMPLEN  answered Catholic Community  Services does                                                              
social service activities  and would be eligible for  this type of                                                              
activity  because  it is  separate  from  the  other part  of  the                                                              
organization.   It  basically precludes  preaching  of a  specific                                                              
faith.                                                                                                                          
                                                                                                                                
REPRESENTATIVE BRICE explained that  this commission wouldn't draw                                                              
from the EED's current resources,  it just is putting what it does                                                              
now into statute.                                                                                                               
                                                                                                                                
Number 2199                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER asked  Representative Kemplen  if he  had                                                              
given thought  to the  notion that  the volunteer  efforts  of the                                                              
individuals, who might qualify for  either the educational voucher                                                              
or the  housing voucher,  would now  be no  longer voluntary,  but                                                              
there would be remuneration considered  for that time.  Therefore,                                                              
it may have an implication with regard to federal income taxes.                                                                 
                                                                                                                                
REPRESENTATIVE  KEMPLEN said  it may.   Often  most people  who do                                                              
volunteer activities  don't make  very much  money.  Young  people                                                              
out of  high school  or recent  college graduates  are not  making                                                              
very much money.                                                                                                                
                                                                                                                                
REPRESENTATIVE WHITAKER said because  the individuals may not have                                                              
substantial  earnings, they  may  essentially be  taxed for  $2500                                                              
credit referred  to on  page 6, line  14.   The volunteers  may be                                                              
taxed  on revenue,  but  this  is  a credit  so  it could  have  a                                                              
substantial  negative   effect  on   their  tax  situation.     He                                                              
recommended that Representative Kemplen look into that.                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL asked Representative  Kemplen if he thought                                                              
about  putting this  commission into  the Department  of Health  &                                                              
Social Services.                                                                                                                
                                                                                                                                
Number 2310                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEMPLEN replied  he did  not consider  that.   The                                                              
current commission  is lodged  in EED  and the administration  was                                                              
comfortable  in keeping  it  there.   The  programs  that will  be                                                              
eligible have yet to be defined by  the commission.  If there is a                                                              
heavy social services orientation  to it, that may be something to                                                              
address down the road.                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL asked if Representative  Kemplen studied or                                                              
knew of  any studies on  the structure for community  volunteerism                                                              
in Alaska.   He  commented that there  are a  lot of nonprofit  or                                                              
civic minded  organizations that are  probably doing this,  and it                                                              
seems that this could insert a community  in areas where nonprofit                                                              
and other civic organizations have already asserted themselves.                                                                 
                                                                                                                                
TAPE 00-44, SIDE B                                                                                                              
Number 2351                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEMPLEN  answered  he  hasn't  done  a  systematic                                                              
analysis but  in conversations with  people who are active  in the                                                              
civic  sector, they  tell  him this  is great;  it  would make  it                                                              
easier   to  get   people   to   participate  in   the   different                                                              
organizations,  and it  would make  the organization  do a  better                                                              
job.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  WHITAKER  asked   Representative  Kemplen  if  the                                                              
commission would  pay pass-through  dollars to the  university for                                                              
the educational  voucher and the same  then would be true  for the                                                              
recipient of the housing voucher  to pay for mortgage insurance no                                                              
matter who the mortgage holder may be.                                                                                          
                                                                                                                                
REPRESENTATIVE  KEMPLEN   explained  if  a  participant   were  to                                                              
complete the defined length of community  service, he/she would be                                                              
eligible for a voucher, either housing  or education.  It would be                                                              
very similar to the GI [Government  Issue] bill.  As a veteran, he                                                              
received a housing voucher from the  Veterans Administration which                                                              
guaranteed his loan  at 100 percent so he can purchase  a home for                                                              
zero  down payment.    This would  be very  similar.   The  actual                                                              
details would have  to be worked out by the  commission; this bill                                                              
just  gives the  commission  the  authority to  move  forward.   A                                                              
participant  would  receive  a  certificate   from  the  Community                                                              
Service  Commission   with  the  backing   of  AHFC.     When  the                                                              
participant  applies  for  a  housing  loan,  the  certificate  is                                                              
presented to  the loan officer, and  the loan officer knows  it is                                                              
guaranteed  100 percent  by the portfolio  held  by AHFC, and  the                                                              
participant  doesn't  have to  put  anything  down.   The  biggest                                                              
obstacle  to  moving  someone  into home  ownership  is  the  down                                                              
payment.  This becomes a great incentive for people.                                                                            
                                                                                                                                
Number 2191                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER  said in going back to the  full faith and                                                              
credit of AHFC,  he asked if that would then be  subsidized by the                                                              
pass-through dollars  as attributable  to the commission  from the                                                              
federal government.                                                                                                             
                                                                                                                                
REPRESENTATIVE KEMPLEN answered it would not be subsidized.                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER asked if  that would  be a cost  borne by                                                              
AHFC.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  KEMPLEN explained that  AHFC would guarantee  that                                                              
loan.  If  someone pays on time  and doesn't default, there  is no                                                              
cost to AHFC.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WHITAKER said the  problem with  that is it  is on                                                              
the  wrong  side  of  the  ledger of  the  portfolio;  that  is  a                                                              
liability  and that  could be  problematic, and  he suspects  that                                                              
will be reflected in a fiscal note  of an appropriate amount.  The                                                              
same question would be appropriate  with regard to the university.                                                              
There  is no  pass-through  funding  from  the commission;  it  is                                                              
simply the responsibility of the  university given this voucher as                                                              
a result of HB 355.                                                                                                             
                                                                                                                                
REPRESENTATIVE KEMPLEN explained  that employees of the university                                                              
now can take classes at no cost.                                                                                                
                                                                                                                                
CHAIRMAN  DYSON temporarily  suspended the  hearing on  HB 355  in                                                              
order to take testimony for a confirmation hearing.                                                                             
HB 355 - STATE COMMUNITY SERVICE PROGRAM                                                                                      
                                                                                                                                
Number 2071                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  reopened the  hearing on HOUSE  BILL NO.  355, "An                                                              
Act establishing  a state community service  program; establishing                                                              
by  statute the  Alaska State  Community  Service Commission;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
Number 2056                                                                                                                     
                                                                                                                                
MATTHEW TURNER, Big Brothers/Big  Sisters, came forward to testify                                                              
in support  of HB  355.   The entire  product of Big  Brothers/Big                                                              
Sisters is entirely dependent upon  adult volunteers who work with                                                              
children.   If there is  a commission  in place that  sets certain                                                              
standards for both an agency and  the volunteer, it seems like the                                                              
question of  liability is pretty  low risk.  The  volunteer proves                                                              
himself/herself  by showing  up on  time, doing  the service,  and                                                              
basically following a contract with  an agency for no payment.  He                                                              
wondered  if the question  of liability  would  take a lower  mark                                                              
because of that.                                                                                                                
                                                                                                                                
MR. TURNER  noted that  this is a  good step  in the direction  of                                                              
legislation  impacting  culture  because  it raises  the  bar  for                                                              
volunteers  and agencies  that  are  part of  this  program.   The                                                              
commission is  going to expect  that certain commitments  are met.                                                              
It will be an asset to the agencies  to know there is enough of an                                                              
incentive  to  know  there  will  be  follow  through  on  what  a                                                              
volunteer  says  he/she  will  do  and  follow  through  on  those                                                              
commitments over the  course of a year.  Another  positive outcome                                                              
of HB 355 would  be the impact on agencies.  In  order to qualify,                                                              
agencies are going to have to meet  certain performance standards.                                                              
There will be some accountability without a lot of penalty.                                                                     
                                                                                                                                
MR. TURNER noted that many people  are imported from other states,                                                              
and this bill will encourage more volunteerism in Alaska.                                                                       
                                                                                                                                
Number 1896                                                                                                                     
                                                                                                                                
YVONNE  CHASE,  Deputy  Commissioner, Department  of  Education  &                                                              
Early  Development   (EED),  testified  via   teleconference  from                                                              
Anchorage.  The Alaska State Community  Service Commission resides                                                              
within the  EED.  She researched  what other states have  done and                                                              
said many  states are  in the process  of moving their  respective                                                              
commissions  into statute, and  ten states  already have  moved to                                                              
establish  their   commissions  in  statute.     Establishing  the                                                              
commission  in  statute  formalizes the  commitment  to  volunteer                                                              
services.   The  EED did  submit a  zero fiscal  note because  the                                                              
department saw the bill, with the  exception of the section on the                                                              
housing  vouchers,  as actually  taking  the functions  that  were                                                              
presently  outlined  for  the  commission  and  moving  them  into                                                              
statute. The commission  has two staff people,  and the department                                                              
doesn't  anticipate more  staffing would  be necessary with  these                                                              
changes.   A  good deal  of the  work in  reviewing proposals  and                                                              
determining community  needs is done by the commission  members in                                                              
a volunteer  capacity.   The department  sees  this as a  workable                                                              
bill in statute.                                                                                                                
                                                                                                                                
Number 1815                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON  asked Ms. Chase  if organizations  like Alcoholics                                                              
Anonymous  or  Boy  Scouts  are   disqualified  because  of  their                                                              
religious affiliation or orientation.                                                                                           
                                                                                                                                
MS. CHASE answered  no they wouldn't be disqualified  because of a                                                              
religious  orientation.   She believes  the  issue is  not of  the                                                              
organization's   religious  orientation   but   rather  that   the                                                              
organization will serve individuals  regardless of their religious                                                              
orientation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL asked Ms.  Chase how the commission came to                                                              
be in the Department of Education  & Early Education.  He asked if                                                              
it  was  there  originally  or  did it  go  through  HB  40  under                                                              
reorganization.                                                                                                                 
                                                                                                                                
Number 1766                                                                                                                     
                                                                                                                                
MS. CHASE  answered  that the commission  was  moved under  HB 40.                                                              
Initially,  the  commission  was  in the  Department  of  Labor  &                                                              
Workforce Development,  as a result of the changes in  HB 40.  The                                                              
commission  members  at  the  time   felt  that  the  commission's                                                              
placement  fit  better in  the  Department  of Education  &  Early                                                              
Development.                                                                                                                    
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
ROBERT C.  BASSETT, Coordinator,  Spirit of Community  Initiative,                                                              
Volunteers of  America, Alaska, testified via  teleconference from                                                              
Anchorage  in favor  of  HB 355.   He  has  experience with  state                                                              
commissions  in  other states,  most  notably  New York,  and  the                                                              
function and role  of the state Community Service  Commission is a                                                              
wonderful and critical  part of the strategy for  developing human                                                              
resources in  any state.  He  has followed the development  of the                                                              
Alaska  Community Service  Commission, and  it is  at an  exciting                                                              
stage right now.  He believes that  to codify the state commission                                                              
and also to establish  a state community service  program would be                                                              
a  wonderful strategy  to keep  people  engaged, especially  young                                                              
Alaskans  who are  frankly  facing disengagement,  either  because                                                              
they are dropping out of school or  don't necessarily see a worker                                                              
career path, or  possibly don't see themselves going  on to higher                                                              
education.                                                                                                                      
                                                                                                                                
MR.  BASSETT  likes the  fact  that  the  proposed bill  seems  to                                                              
emphasize disadvantaged  youth and young people who may  not be on                                                              
the fast  track to success.   By  providing some additional  state                                                              
leadership through  the EED, the  state is doing a  great service.                                                              
It  increases   the  emphasis  on   volunteerism.     It  connects                                                              
volunteerism to  educational development.  All experiences  out in                                                              
the  community  that  are  structured,   mentored  and  supervised                                                              
provide great education  and in some cases, better  education than                                                              
what is going on  in a classroom.  It also focuses  on citizenship                                                              
at a time when young people and adults  are questioning what their                                                              
role is in the community.  This bill  says it is important to be a                                                              
citizen, and  that is going to  be recognized through a  system of                                                              
incentives that  are tied to higher  education.  Education  is the                                                              
key.                                                                                                                            
                                                                                                                                
MR. BASSETT noted  lastly the bill focuses on motivation.   If the                                                              
young people are  not motivated in school, and if  they don't feel                                                              
there  is an  opportunity  for them  in  the community,  there  is                                                              
direction  to be  motivated if  they  find an  opportunity to  get                                                              
involved in a  community activity in service or  volunteerism that                                                              
is meaningful to  them where they feel valued and  have some sense                                                              
of success.  That leads to building  on to a career path or higher                                                              
education.   It is a great  proposal to have the  state commission                                                              
become formally part of the EED.                                                                                                
                                                                                                                                
CHAIRMAN DYSON closed the public testimony.                                                                                     
                                                                                                                                
Number 1577                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE  made a motion to move HB  355 from committee                                                              
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL  objected.  He  said the idea  sounds good,                                                              
but he has not had time to think  about ramifications.  He doesn't                                                              
want  to see  civic organizations  get crowded  by a  governmental                                                              
organization in volunteerism.   He would like to  do more research                                                              
because it is not clear to him that  this type of commission isn't                                                              
going to  overshadow some of the  community efforts.  He  might be                                                              
mistaken, and he is open to discussion  on it.  However, he is not                                                              
ready to move the bill out of committee.                                                                                        
                                                                                                                                
REPRESENTATIVE BRICE  said, to alleviate Representative  Coghill's                                                              
concerns,  this  bill  enhances   civic  organizations'  volunteer                                                              
efforts.     It  provides  a   stream  of  volunteers   for  those                                                              
organizations  to use to  work within the  community, and  that is                                                              
why he supports  it.  Anything that can be done  to encourage more                                                              
volunteerism  in   the  community  is  a  good   thing,  and  thus                                                              
establishing the commission in statute  is appropriate and timely.                                                              
The  commission  is  not  competing.     It  is  cooperating  with                                                              
volunteer organizations.                                                                                                        
                                                                                                                                
Number 1469                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WHITAKER  said  he  likes  the idea,  and  it  has                                                              
tremendous merit, but  he has some practical concerns.   He is not                                                              
going to  oppose the  bill moving  on.   However, he is  concerned                                                              
with what the  university and AHFC  may have to say, and  with the                                                              
tax and  wage concerns.   He offered to  work with the  sponsor in                                                              
the interim to advance something like this.                                                                                     
                                                                                                                                
A roll  call vote was taken.   Representatives  Kemplen, Whitaker,                                                              
Green,  Brice  and  Dyson  voted  in favor  of  moving  the  bill.                                                              
Representative   Coghill voted against it.   Representative Morgan                                                              
was  absent.   Therefore,  HB 355  moved  from  the House  Health,                                                              
Education and Social  Services Standing Committee by  a vote of 5-                                                              
1.                                                                                                                              
                                                                                                                                

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