Legislature(1997 - 1998)
02/09/1998 09:15 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 2
"An Act allowing, for the purposes of permanent fund
dividend eligibility, an individual to accompany, as
the spouse or minor or disabled dependent, another
eligible resident who is absent for any of the
following reasons: vocational, professional, or other
specific education for which a comparable program is
not reasonably available in the state; secondary or
postsecondary education; military service; medical
treatment; service in the Congress or in the peace
corps; to care for the individual's terminally ill
parent, spouse, sibling, child, or stepchild; for up to
220 days to settle the estate of the individual's
deceased parent, spouse, sibling, child, or stepchild;
to care for a parent, spouse, sibling, child, or
stepchild with a critical life-threatening illness
whose treatment plan, as recommended by the attending
physician, requires travel outside of the state for
treatment at a medical specialty complex; or other
reasons that the commissioner of revenue may establish
by regulation; requiring, for the purposes of permanent
fund dividend eligibility, a state resident to have the
intent to remain indefinitely; relating to the
eligibility for 1992, 1993, 1994, 1995, 1996, and 1997
permanent fund dividends of certain spouses and
dependents of eligible applicants; and providing for an
effective date."
Representative Pete Kott, sponsor of the bill was invited to
join the committee. Tom Williams, staff to Co-chair Sharp
was also invited to join the committee. He noted for the
committee that his comments were to the "R" version of the
work draft and explained that amendments #1 and #2 to the
work draft were technical in nature and were requested by
the department. Representative Kott said he had nothing to
offer to Mr. Williams discussion of the proposed CS,
specifically sections 2, 3, 5 and 7 because his office had
worked closely with Co-chair Sharp's office and the
department. He further noted that the amendments suggested
by the department were acceptable.
Senator Adams referred to section 4, page 5, line 14 and Mr.
Williams responded saying that in order to fulfill the
residency requirement one must be a resident for six months.
Senator Phillips moved SCS CSHB 2(FIN). Senator Adams
objected and asked for an explanation of the piggyback
provision for spouses. Mr. Williams clarified the provision
and Senator Adams withdrew his objection. SCS CSHB 2(FIN)
work draft was adopted. Senator Donley noted there was no
sponsor for amendments #1 and #2 and Senator Pearce advised
him that these were technical amendments and Co-chair Sharp
could not move them. Therefore Senator Pearce moved
amendments #1 and #2 and without objection they were
adopted. Senator Torgerson moved amendment #3 and Senator
Adams objected. Representative Kott explained that the
amendment would not change the intent of the allowable
absences. Both Senators Torgerson and Pearce discussed
outside volunteers and others being just as worthy of being
included under the volunteer opportunity. By a vote of five
yeas (Parnell, Phillips, Donley, Torgerson, Pearce) and two
nays (Adams, Sharp) amendment #3 was adopted.
Co-chair Sharp indicated that there would be a title change
and Mr. Williams commented to this change.
(Tape #24 switched to Side B.)
Deborah Vogt, Deputy Commissioner, Department of Revenue was
invited to join the committee. She explained the allowable
absence provision. There followed brief discussion between
committee members and Ms. Vogt on availability of
regulations to the department regarding allowable absences.
In response to a question from Co-chair Sharp, Ms. Vogt said
she would personally rather see no allowable absences. She
noted, however, that this legislation was not retroactive,
the number of technical changes was acceptable to the
department, and the seventy-two hour rule would take effect
immediately. She explained that an advertising campaign for
the seventy-two hour rule, if necessary, would have a fiscal
impact to an otherwise zero fiscal note.
Ms. Nanci Jones, Director, Permanent Fund Dividend Division,
Department of Revenue, was invited to join the committee.
She concurred with the statements of Ms. Vogt.
In response to a question by Senator Adams, Ms. Vogt related
difficulties regarding the seventy-two hour rule under
section nine, but noted that the effective date for the
remaining sections was acceptable. Senator Donley asked if
the ten-year cut-off could be made effective now and Ms.
Vogt said she did not foresee any legal problem.
Vincent Uscera, Assistant Attorney General, Civil Division
(Juneau), Department of Law was invited to join the
committee. He said there would be no problem with the ten-
year cut-off date becoming immediately effective. Senator
Adams asked what the sponsor thought. Representative Kott
said he opposed the proposed amendment.
Senator Donley requested an at ease.
Co-chair Sharp called the committee to an at ease at
approximately 10:25 a.m. and reconvened the meeting at
approximately 10:30 a.m.
Senator Donley advised that he would offer no amendments at
this time.
Senator Pearce offered conceptual amendment #4, which would
provide allowable absences for teachers in approved school
exchange programs. Senators Parnell and Phillips objected.
By a vote of 2 yeas (Torgerson, Pearce) and 5 nays (Parnell,
Adams, Phillips, Donley, Sharp) amendment #4 failed.
Senator Parnell offered conceptual amendment #5 to pull out
peace corp and FEMA from the bill. Senator Torgerson
objected. By a vote of 5 yeas (Phillips, Parnell, Adams,
Pearce, Sharp) and 2 nays (Donley, Torgerson) amendment #5
was adopted.
Senator Phillips moved SCS CSHB 2(FIN) the "R" version and
without objection it was reported out with accompanying zero
fiscal note from the Department of Revenue, Permanent Fund
Dividend Division.
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