Legislature(2007 - 2008)CAPITOL 106
01/24/2008 08:00 AM House STATE AFFAIRS
Audio | Topic |
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Start | |
HB284 | |
HB269 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 293 | TELECONFERENCED | |
*+ | HB 269 | TELECONFERENCED | |
*+ | HB 284 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 284-PFD ALLOWABLE ABSENCE: FELLOWSHIPS 8:09:48 AM CHAIR LYNN announced that the first order of business was HOUSE BILL NO. 284, "An Act relating to participation in certain student fellowships as an allowable absence from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date." 8:09:58 AM REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, presented HB 284 as prime sponsor. He talked about exceptions to the rule that a person must be in Alaska to receive a permanent fund dividend (PFD). Students were one of the first to receive such an exception. He stated that the Fulbright Scholar Program, signed in to law by President Harry S. Truman in 1946, and sponsored by the U.S. Department of State, Bureau of Educational and Cultural Affairs, is not considered for the exception, and HB 284 would correct that inequity by adding Fulbright Scholars to the list of exceptions. 8:14:27 AM REPRESENTATIVE HAWKER said he is more often than not opposed to adding exceptions to the PFD residency requirement, but he believes HB 284 should be passed. He asked the legislature to let the regulators know that they are wrong in not including Fulbright scholars to the PFD exception list. 8:15:39 AM REPRESENTATIVE HAWKER, in response to a question from Representative Roses, stated his understanding that Rhodes scholars are already included in the exceptions. REPRESENTATIVE HAWKER directed attention to language [proposed to be added to AS 43.23.008(a), found on page 2, lines 30-31, through page 3, line 1, of HB 284], which read as follows: (16) participating for educational purposes in a student fellowship sponsored by the United State Department of Education or by the United States Department of State; REPRESENTATIVE HAWKER explained that the language needs to be broad so that any program that would exist under those strictures would be covered. REPRESENTATIVE ROSES asked if the Fulbright scholars would have to return to the state like military personnel do to maintain their qualified resident status. REPRESENTATIVE HAWKER answered: "The requirement that an Alaskan abroad intends to return to Alaska as a qualifying condition to receive a permanent fund dividend exists elsewhere in statute and is not affected by this proposal." 8:17:28 AM REPRESENTATIVE COGHILL asked Representative Hawker if he is aware of any other program of student fellowship. REPRESENTATIVE HAWKER said he is not aware of any. He said the intent of HB 284 is to "wrap up those Fulbright Scholars." In response to a follow-up question from Representative Coghill, he said the length of a Fulbright Scholarship can vary. 8:19:03 AM EMILY FERRY testified on behalf of herself in support of HB 284. She stated that her husband, Demian Schane, is a Fulbright recipient, hoping to receive a PFD. She added, "We both are." She told the committee that last fall, she and her husband left Alaska for Iceland on sabbatical for 10 months. She explained that the Fulbright Scholarship is not always connected with a University. She said her husband's work in Iceland was in researching the European Union (EU) regulations of farmed fish and the effect of farming fish on wild fish populations, while her work was with the School for Renewable Energy Science (RES). She said she and her husband also had the opportunity to take classes, including: Arctic Anthropology and nongovernmental organization (NGO) development. MS. FERRY told the committee that she and her husband returned to Alaska in July, bought a home, and found new jobs. She described her experience in Iceland as intercultural and valuable on both a personal level and as a benefit to the state. She opined, "I think we should be asking ... all Alaskans to go out and experience the world and come back and bring these skills and tools back here." She asked the committee to support the proposed bill. 8:21:30 AM MS. FERRY, in response to a question from Representative Doll, offered her understanding that the typical timeline for a Fulbright Scholarship is 10 months; however, she said the time can vary, and the location can be anywhere in the world. She noted that the U.S. partners with other countries to jointly fund the scholarships. She said the scholarship comes from the [U.S. Department of State], so "they consider you one of their own." REPRESENTATIVE ROSES asked Ms. Ferry, "Were you also under our fellowship?" MS. FERRY answered no. She explained: Because we were married, I think that we got an extra $300 dollars a month for my presence and participation there. ... Also, through the existing statute, I would be covered as the spouse. And then I found my ... own experience - my own internship, so to speak - with the School for Renewable Energy Science. MS FERRY, in response to a follow-up question from Representative Roses, offered her understanding that she and her husband will be eligible - "this year, but not last year" - for a PFD. She stated her belief that the loss she and her husband will each incur is one year of income from the PFD. 8:24:39 AM REPRESENTATIVE JOHANSEN noted that, as shown in the committee packet, "the U.S. student program offers one academic year of study." 8:25:29 AM ROB KULIN testified on behalf of himself during the hearing on HB 284. He said he is currently a graduate student at the University of California San Diego (UCSD), studying Materials Engineering. He related that he was a Fulbright Scholar during the 2004/2005 school year, when he performed research at [Politecnico di Milano], in Milan, Italy. He said he deferred a year at UCSD in order to participate, having recently graduated from the undergraduate program. He noted that most of the Fulbright scholars he knew in Italy were enrolled in degree programs in the U.S. or were between programs, and were not officially affiliated directly with any university, except for wherever the research was performed. MR. KULIN offered more details regarding his research in Italy. He said the strength of the program is not so much in the technical aspects of study, but in the cultural experience and the understanding gained from it. He remarked on Alaska's own unique culture and being able to share it with other cultures. 8:28:10 AM CHAIR LYNN, after ascertaining that there was no one else to testify, closed public testimony. 8:28:19 AM REPRESENTATIVE ROSES noted that the effective date of the proposed legislation is January 2009, which would not help those who have testified and others who have done their fellowship in the past. REPRESENTATIVE HAWKER noted that he is working with the Legal Services Director, Tamara Cook, to consider a plan for retroactivity. He said he fully intends to pursue that issue before the bill has made it through all its committee hearings. REPRESENTATIVE ROSES stated that he is usually against retroactivity, but is making an exception in this case. REPRESENTATIVE HAWKER concurred. He stated his belief that the there is a difference between retroactively worsening a taxpayer's position or creating a crime - the latter of which is against the constitution - and retroactively correcting a wrong. 8:30:37 AM REPRESENTATIVE JOHANSEN talked about "brain drain" - the smart adults leaving the state and not returning, and he said he supports a bill that would encourage them to come back to live in Alaska. CHAIR LYNN concurred. 8:31:04 AM REPRESENTATIVE DOLL moved to report HB 284 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 284 was reported out of the House State Affairs Standing Committee. REPRESENTATIVE HAWKER noted for the record that it is a zero fiscal note.
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