Legislature(2005 - 2006)CAPITOL 106

03/05/2005 09:30 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Meeting continued from Thurs. 3/3/05>
+= HB 127 PFD:PEACE CORPS/DIPLOMAT/SANCTIONS TELECONFERENCED
Moved CSHB 127(STA) Out of Committee
+= HB 121 SERVICE AREAS IN SECOND CLASS BOROUGHS TELECONFERENCED
Moved CSHB 121(CRA) Out of Committee
*+ HB 12 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Heard & Held
+= HB 114 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB 127-PFD:PEACE CORPS/DIPLOMAT/SANCTIONS                                                                                     
                                                                                                                                
9:39:49 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON announced  that  the first  order  of business  was                                                               
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."                                                                                               
                                                                                                                                
REPRESENTATIVE  LYNN  declared  a   conflict  of  interest.    He                                                               
explained that his son currently works in the Foreign Service.                                                                  
                                                                                                                                
9:40:40 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  reminded Representative Lynn  that the part  of the                                                               
bill  pertaining  to  the  Foreign Service  was  removed  at  the                                                               
previous meeting.                                                                                                               
                                                                                                                                
9:41:22 AM                                                                                                                    
                                                                                                                                
ELIZABETH  CUADRA, Juneau,  said  she volunteered  for the  Peace                                                               
Corps after she  retired at the age  of 64.  She  said she worked                                                               
on agricultural development  in Nepal.  In the midst  of her two-                                                               
year service,  she said,  she had  the rude  shock of  having the                                                               
Alaska  legislature "basically  withdraw my  Alaska citizenship."                                                               
She added,  "It felt like  that at least; it  was a real  kick in                                                               
the teeth."   She  was still  voting in  Alaska during  her Peace                                                               
Corps work, keeping up her  vehicle registrations, and paying the                                                               
mortgage  on her  Alaska home,  and  she had  every intention  of                                                               
returning to Alaska.  She  said she received the Alaska permanent                                                               
fund dividend (PFD) the first year,  but then the law was changed                                                               
to not  include the  Peace Corps  as an  allowable absence.   She                                                               
didn't  receive her  dividend the  second year  of her  volunteer                                                               
work, nor the year after her return, she added.                                                                                 
                                                                                                                                
9:44:19 AM                                                                                                                    
                                                                                                                                
MS. CUADRA  said the Peace  Corps is just  as valid a  service to                                                               
her country  as the National  Guard.   She listed the  health and                                                               
political  dangers of  being a  Peace Corps  volunteer.   "If you                                                               
want to  give due honor to  the Alaska citizens who  leave Alaska                                                               
temporarily for  Foreign Service  as Peace Corps  volunteers, you                                                               
should  restore  the  permanent   fund  dividend  to  them,"  she                                                               
concluded.                                                                                                                      
                                                                                                                                
9:45:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  said he  has  a  lot  of respect  for  her                                                               
service and wants to see her slide show.                                                                                        
                                                                                                                                
REPRESENTATIVE RAMRAS said  he supports HB 127, and  he asked Ms.                                                               
Cuadra what she did for a living.                                                                                               
                                                                                                                                
9:47:11 AM                                                                                                                    
                                                                                                                                
MS. CUADRA  said she  was an  engineer and a  lawyer.   She added                                                               
that  the  legal  basis  for  maintaining the  PFD  lies  in  the                                                               
principle of one's domicile.                                                                                                    
                                                                                                                                
9:48:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN said he thinks HB  127 is a good bill, and he                                                               
asked how many Peace Corps volunteers are from Alaska.                                                                          
                                                                                                                                
MS. CUADRA said  she doesn't know, but she has  heard that Alaska                                                               
has had the highest number of volunteers per capita.                                                                            
                                                                                                                                
REPRESENTATIVE  LYNN  asked  what  is  the  difference  regarding                                                               
domicile if a person is a missionary.                                                                                           
                                                                                                                                
9:50:11 AM                                                                                                                    
                                                                                                                                
MS. CUADRA  said it is  different because Peace  Corps volunteers                                                               
are  serving their  country; it  is an  official function  of the                                                               
United States government.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG said Ms.  Cuadra is a very distinguished                                                               
member of the Juneau Bar and he appreciates her sacrifice.                                                                      
                                                                                                                                
MS. CUADRA said she did not view  going into the Peace Corps as a                                                               
sacrifice; it was the best decision of her life.                                                                                
                                                                                                                                
9:50:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO said  that when  Ms. Cuadra  went into  the                                                               
Peace Corps  she had the  understanding that she was  entitled to                                                               
receive a PFD.  He asked if  the state had broken a contract with                                                               
her.                                                                                                                            
                                                                                                                                
9:51:45 AM                                                                                                                    
                                                                                                                                
MS. CUADRA answered  that she did not  view it as a  contract.  A                                                               
current legislature  cannot bind a future  legislature, she said.                                                               
She said  she isn't testifying  in order  to get the  money back,                                                               
she  is testifying  to  support current  and  future Peace  Corps                                                               
volunteers.                                                                                                                     
                                                                                                                                
9:54:03 AM                                                                                                                    
                                                                                                                                
SHARON  BARTON,  Director,   Permanent  Fund  Dividend  Division,                                                               
Department of Revenue, said she  is advised by the bill's sponsor                                                               
that  there are  about  42  people in  the  Peace Corps  claiming                                                               
Alaskan residency.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GATTO asked  if she  would send  those volunteers                                                               
applications if HB 127 passes.                                                                                                  
                                                                                                                                
9:55:06 AM                                                                                                                    
                                                                                                                                
MS. BARTON said she would be happy to do that.                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if   there  are  any  technical                                                               
revisions in the law that Ms. Barton would like to see.                                                                         
                                                                                                                                
MS. BARTON said she thinks the  bill is clear without any further                                                               
amendments.                                                                                                                     
                                                                                                                                
9:55:51 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  said  another  PFD  bill  would  come  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GARDNER  asked if the committee  should consider a                                                               
time extension  for Peace  Corps volunteers  for the  current PFD                                                               
application.                                                                                                                    
                                                                                                                                
9:56:39 AM                                                                                                                    
                                                                                                                                
MS. BARTON said the bill's effective  date is January 1, 2006, so                                                               
there  is no  need for  an extension  unless the  committee would                                                               
want  Peace  Corps  volunteers  to  be  qualified  for  the  2005                                                               
dividend.                                                                                                                       
                                                                                                                                
9:57:26 AM                                                                                                                    
                                                                                                                                
DON GRAY, Fairbanks,  said he was a Peace Corps  volunteer in the                                                               
1960s  in India,  and  he will  not  benefit by  HB  127, but  he                                                               
supports  it.   He  said there  was a  question  from an  earlier                                                               
meeting regarding  the status  of students  in the  University of                                                               
Alaska Peace  Corps masters international  program.   He reported                                                               
that the  graduate school six-credit academic  year is considered                                                               
active status; it is not considered full-time status.                                                                           
                                                                                                                                
9:59:28 AM                                                                                                                    
                                                                                                                                
MR.   GRAY  said   there  are   many  young   Alaskans  who   are                                                               
contemplating the Peace  Corps but are burdened  financially.  He                                                               
said leaving the  state for two years should not  be considered a                                                               
break in residency for national service volunteers.                                                                             
                                                                                                                                
10:01:40 AM                                                                                                                   
                                                                                                                                
MARK WENIG, Foreign Service Officer,  United States Department of                                                               
State, said he is assigned to  Washington D.C., and he would like                                                               
the  committee   to  replace  foreign  service   officers  as  an                                                               
exemption in  HB 127.  He  said the Senate version  still has the                                                               
provision  in  its bill.    He  said  that  he was  a  television                                                               
reporter in Anchorage from 1993-94,  and he was accepted into the                                                               
Foreign  Service  in  1994.    He said  he  has  been  living  in                                                               
Ethiopia, Mauritius Island,  and Romania.  Mr. Wineg  said he has                                                               
spent every home  leave in Anchorage, he has voted  as an Alaskan                                                               
for  every major  election, and  he intends  to return  to Alaska                                                               
when his Foreign Service career  is completed.  He expressed that                                                               
he is a second-class citizen because he does not get the PFD.                                                                   
                                                                                                                                
10:04:34 AM                                                                                                                   
                                                                                                                                
MR. WINEG  noted there  are only  nine Foreign  Service employees                                                               
that  claim Alaska  as their  residence,  so "it  can't be  about                                                               
money."  He said no one  speaks on behalf of [the Foreign Service                                                               
members].   He gave examples of  his work in getting  an American                                                               
citizen out of jail, helping  American companies invest overseas,                                                               
and contributing  to developing "a  positive opinion of  the U.S.                                                               
among foreign  publics."   Mr. Wineg thinks  this issue  is about                                                               
recognition.   He  feels that  Foreign Service  employees make  a                                                               
difference  while serving  their country  in difficult  and often                                                               
dangerous circumstances:  "places  with bad food, scary highways,                                                               
and harsh  climates."   He added  that because  of the  threat of                                                               
terrorism, "living overseas, these days, carries its own risks."                                                                
                                                                                                                                
10:07:26 AM                                                                                                                   
                                                                                                                                
MR.  WINEG  concluded   that  he  is  looking   for  respect  and                                                               
recognition.                                                                                                                    
                                                                                                                                
CHAIR SEATON closed public testimony.                                                                                           
                                                                                                                                
10:07:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN  moved to report  HB 127, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
10:08:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE RAMRAS  objected in  order to address  Mr. Wineg's                                                               
comments.   He said that Foreign  Service was a tough  issue, and                                                               
he told of his uncle  doing charity service outside Alaska, which                                                               
was also not an  allowable absence for a PFD.   He said there are                                                               
many extenuating  circumstances, but  the committee has  a chance                                                               
of taking  care of  Peace Corps workers  today, and  maybe others                                                               
can be taken care of in different legislation.                                                                                  
                                                                                                                                
10:10:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE RAMRAS withdrew his objection.                                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN said  the  Foreign Service  is  part of  the                                                               
government, unlike a private contractor.                                                                                        
                                                                                                                                
10:11:16 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  said that  the Foreign Service  is a  voluntary job                                                               
with health  benefits, and  although it is  great service  to the                                                               
country, the question the committee  is deciding is what would be                                                               
an allowable absence for the PFD program.                                                                                       
                                                                                                                                
10:11:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN  said the  same thing could  be said  for the                                                               
military.                                                                                                                       
                                                                                                                                
CHAIR  SEATON  noted  no   further  objections;  therefore,  CSHB
127(STA)  was  reported from  the  House  State Affairs  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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