Legislature(2005 - 2006)BELTZ 211

04/28/2005 03:30 PM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 181 WAIVE CONTINUING EDUC. REQ FOR MILITARY TELECONFERENCED
Moved CSHB 181(L&C) Out of Committee
+ HB 201 PERM. FUND DIVIDEND APPS OF MILITARY TELECONFERENCED
Moved HB 201 Out of Committee
+ HB 229 REINSTATEMENT OF NATIVE CORPORATIONS TELECONFERENCED
Moved HB 229 Out of Committee
Bills Previously Heard/Scheduled
= SB 121 STATE OF AK CAPITAL CORP.; BONDS
Moved SB 121 Out of Committee
= SB 122 AMERADA HESS INCOME; CAPITAL INCOME ACCT.
Moved SB 122 Out of Committee
          HB 201-PERM. FUND DIVIDEND APPS OF MILITARY                                                                       
                                                                                                                              
CHAIR   GENE  THERRIAULT   announced  HB   201  to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                              
3:54:49 PM                                                                                                                    
                                                                                                                                
ERIC  DELAND, Staff  to  Representative  Chenault, explained  the                                                               
purpose  of HB  201 is  to help  individuals who  are serving  on                                                               
active  duty with  the U.S.  armed services  to file  a Permanent                                                               
Fund application. This would be  accomplished by means of a power                                                               
of attorney.                                                                                                                    
                                                                                                                                
CHAIR   THERRIAULT   asked   whether  personnel   preparing   for                                                               
deployment are typically encouraged to  sign a power of attorney.                                                               
If so, is the form specific or general.                                                                                         
                                                                                                                                
MR. DELAND responded a spouse  typically signs a general power of                                                               
attorney before being deployed.                                                                                                 
                                                                                                                                
CHAIR THERRIAULT  asked if the  Permanent Fund  Dividend Division                                                               
finds the form  acceptable with respect to  its interpretation of                                                               
the statute.                                                                                                                    
                                                                                                                                
MR. DELAND  replied when he  asked the division why  the standard                                                               
form  wouldn't apply  he  was told  that  legislative change  was                                                               
necessary.                                                                                                                      
                                                                                                                                
SENATOR THOMAS  WAGONER questioned why  that would be if  a power                                                               
of attorney had been signed.                                                                                                    
                                                                                                                                
3:57:42 PM                                                                                                                    
                                                                                                                                
SHARON  BARTON,  Director,   Permanent  Fund  Dividend  Division,                                                               
explained  that  with  few exceptions  the  statute  specifically                                                               
requires an  individual to personally  sign the application  so a                                                               
power of attorney isn't allowed.                                                                                                
                                                                                                                                
SENATOR  CHARLIE  HUGGINS drew  on  his  military experience  and                                                               
offered  the opinion  that the  bill is  a good  idea. He  wasn't                                                               
concerned about abuse  of the system and asked Ms.  Barton if she                                                               
had concerns.                                                                                                                   
                                                                                                                                
MS. BARTON responded  the division had early  concerns related to                                                               
representing  another's  intent   because  the  statute  requires                                                               
intent to return and remain in  the state. The House CS sought to                                                               
remedy that by requiring the  member to sign a separate statement                                                               
saying they intend to return.                                                                                                   
                                                                                                                                
SUE  WRIGHT, Staff  to  Representative  Chenault, explained  that                                                               
intent is  included within  a general power  of attorney  so this                                                               
should no longer be a concern of the Permanent Fund Division.                                                                   
                                                                                                                                
MS.  BARTON said  the division  has no  problem implementing  the                                                               
provisions of the bill but according  to Mr. Poag it would need a                                                               
technical amendment to remedy the requirement to sign.                                                                          
                                                                                                                                
MS. WRIGHT clarified  that the original version of  HB 201 passed                                                               
the House; it was not a committee substitute.                                                                                   
                                                                                                                                
MR.  POAG, Assistant  Attorney General,  Department of  Law (DOL)                                                               
said  Director Barton  expressed concern  about opening  the door                                                               
wider  than  necessary  to  address the  problem  and  she  would                                                               
probably like to be heard.                                                                                                      
                                                                                                                                
MS. BARTON  said the division  would do whatever  the legislature                                                               
directs, but  it sees  no reason to  implement the  provision for                                                               
any  military  personnel  beyond   those  serving  under  hostile                                                               
fire/imminent danger.                                                                                                           
                                                                                                                                
CHAIR  THERRIAULT  asked  if  the sponsor  wanted  the  power  of                                                               
attorney to apply  to any military personnel  serving outside the                                                               
state.                                                                                                                          
                                                                                                                                
MS. WRIGHT  said Representative Chenault respectfully  feels that                                                               
certain  military personnel  could  be deployed  with such  speed                                                               
that  they  may not  have  the  time to  prepare  or  sign a  PFD                                                               
application. He  feels very  strongly that no  one in  a military                                                               
uniform should  in any way  be impeded from applying  for his/her                                                               
PFD.  The general  power of  attorney  that is  signed under  the                                                               
direction of the Alaska post should be sufficient.                                                                              
                                                                                                                                
CHAIR THERRIAULT asked Senator Huggins to offer his view.                                                                       
                                                                                                                                
SENATOR  HUGGINS said  he would  echo Ms.  Wright's comments  and                                                               
added that this is a common sense vehicle.                                                                                      
                                                                                                                                
CHAIR  THERRIAULT commented  it's difficult  to strike  a balance                                                               
between allowing  entrance to the  deserving while  squeezing out                                                               
fraud.                                                                                                                          
                                                                                                                                
SENATOR HUGGINS said when you  make the mesh smaller you entangle                                                               
more people. Although he doesn't want  to open the window, he has                                                               
no concern about fraud here.                                                                                                    
                                                                                                                                
SENATOR  ELTON said  he didn't  have  a problem  with \A  version                                                               
because it  applies only to  members of the armed  forces serving                                                               
outside the United States.                                                                                                      
                                                                                                                                
CHAIR  THERRIAULT agreed  and  said that  addresses  much of  his                                                               
concern.                                                                                                                        
                                                                                                                                
SENATOR   ELTON  said   he  wouldn't   be   comfortable  if   the                                                               
accomodation were  extended to anyone  in active  military status                                                               
regardless of location.                                                                                                         
                                                                                                                                
4:17:40 PM                                                                                                                    
                                                                                                                                
MS.  BARTON  clarified  that  a  parent or  friend  may  file  an                                                               
unsigned  application on  behalf of  someone serving  outside the                                                               
state. The  application is pended  until a signature is  sent. HB
201 would  facilitate that sort  of situation, but  the provision                                                               
is already there.                                                                                                               
                                                                                                                                
The  other  difference  between  the  versions  is  that  the  CS                                                               
includes the statement of intent to return to the state.                                                                        
                                                                                                                                
CHAIR THERRIAULT remarked he didn't care for that part.                                                                         
                                                                                                                                
SENATOR  HUGGINS  reiterated  his   point  that  people  who  are                                                               
deployed shouldn't have to worry about their dividend.                                                                          
                                                                                                                                
There were no further questions or testimony.                                                                                   
                                                                                                                                
4:20:26 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT asked for the will of the committee.                                                                           
                                                                                                                                
SENATOR WAGONER  motioned to  report HB  201 and  attached fiscal                                                               
notes from committee with individual recommendations.                                                                           
                                                                                                                                
CHAIR THERRIAULT  announced that without objection,  HB 201 would                                                               
move to the next committee of referral.                                                                                         

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