Legislature(2013 - 2014)

03/20/2013 04:03 PM House L&C


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                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 20, 2013                                                                                         
                           4:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Lora Reinbold, Vice Chair                                                                                        
Representative Mike Chenault                                                                                                    
Representative Charisse Millett                                                                                                 
Representative Dan Saddler                                                                                                      
Representative Andy Josephson                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Herron                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 102                                                                                                              
"An  Act relating  to property  exemptions for  retirement plans,                                                               
individual  retirement  accounts,  and  Roth  IRAs;  relating  to                                                               
transfers of individual retirement  plans; relating to the rights                                                               
of judgment  creditors of members of  limited liability companies                                                               
and partners  of limited liability partnerships;  relating to the                                                               
Uniform  Probate Code,  including  pleadings, orders,  liability,                                                               
and  notices  under  the  Uniform Probate  Code  and  the  Alaska                                                               
Principal and Income Act, the  appointment of trust property, the                                                               
Alaska   Uniform  Prudent   Investor   Act,  co-trustees,   trust                                                               
protectors, and trust advisors;  relating to the Alaska Principal                                                               
and  Income Act;  relating  to the  Alaska  Uniform Transfers  to                                                               
Minors  Act;  relating  to  the  disposition  of  human  remains;                                                               
relating  to the  tax on  insurers for  life insurance  policies;                                                               
relating to  insurable interests for certain  insurance policies;                                                               
relating  to  restrictions  on   transfers  of  trust  interests;                                                               
relating  to  discretionary   interests  in  irrevocable  trusts;                                                               
relating  to  the  community property  of  married  persons;  and                                                               
amending  Rule 64,  Alaska  Rules of  Civil  Procedure, and  Rule                                                               
301(a), Alaska Rules of Evidence."                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 116                                                                                                              
"An  Act relating  to the  use  of credited  military service  by                                                               
retired  peace   officers  and   firefighters  to   meet  certain                                                               
requirements for major medical  insurance coverage; and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
CS FOR SENATE BILL NO. 23(FIN)                                                                                                  
"An Act relating  to development project financing  by the Alaska                                                               
Industrial  Development and  Export  Authority;  relating to  the                                                               
dividends  from  the  Alaska Industrial  Development  and  Export                                                               
Authority;  authorizing  the  Alaska Industrial  Development  and                                                               
Export  Authority to  provide  financing and  issue  bonds for  a                                                               
liquefied  natural   gas  production   system  and   natural  gas                                                               
distribution system; and providing for an effective date."                                                                      
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 32                                                                                                               
"An Act  providing for the  issuance of one business  license for                                                               
multiple lines  of business;  and providing  for reissuance  of a                                                               
business license to correct a mistake on the license."                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 102                                                                                                                  
SHORT TITLE: RETIREMENT PLANS; ROTH IRAS; PROBATE                                                                               
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
02/01/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/13       (H)       L&C, JUD                                                                                               
02/25/13       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/25/13       (H)       Heard & Held                                                                                           
02/25/13       (H)       MINUTE(L&C)                                                                                            
03/20/13       (H)       L&C AT 3:45 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 116                                                                                                                  
SHORT TITLE: PERS CREDIT FOR MILITARY SERVICE                                                                                   
SPONSOR(s): REPRESENTATIVE(s) MILLETT                                                                                           
                                                                                                                                
02/13/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/13       (H)       L&C, FIN                                                                                               
03/20/13       (H)       L&C AT 3:45 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
ERNEST PRAX, Staff                                                                                                              
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the bill on behalf of                                                                          
Representative Wes Keller, sponsor of HB 102.                                                                                   
                                                                                                                                
BETH CHAPMAN, Attorney                                                                                                          
Faulkner Banfield, P.C.                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 102.                                                               
                                                                                                                                
JONATHAN BLATTMACHR, Attorney                                                                                                   
President; Chief Executive Officer (CEO)                                                                                        
Alaska Trust Company                                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 102.                                                                          
                                                                                                                                
DAVID SHAFTEL, Attorney                                                                                                         
Shaftel Law Offices, PC                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the discussion of HB 102.                                                               
                                                                                                                                
VASILIOS GIALOPSOS, Staff                                                                                                       
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 116 on behalf of the sponsor,                                                               
Representative Charisse Millett.                                                                                                
                                                                                                                                
JIM PUCKETT, Director                                                                                                           
Central Office                                                                                                                  
Division of Retirement & Benefits (DRB)                                                                                         
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during the                                                              
discussion of HB 116.                                                                                                           
                                                                                                                                
KATHY LEA, Deputy Director                                                                                                      
Central Office                                                                                                                  
Division of Retirement and Benefits (DRB)                                                                                       
Department of Administration (DOA)                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified and answered questions during the                                                              
discussion of HB 116.                                                                                                           
                                                                                                                                
JAKE METCALFE                                                                                                                   
Executive Director                                                                                                              
Public Safety Employees Association Local 803 (PSEA)                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 116.                                                                          
                                                                                                                                
JAMES W. SEARS, Jr.                                                                                                             
Division of Alaska State Troopers (AST)                                                                                         
Department of Public Safety (DPS);                                                                                              
Vice President, Public Safety Employees Association (PSEA)                                                                      
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified during the discussion of HB 116.                                                               
                                                                                                                                
CHRISTOPHER BURKE, Sergeant                                                                                                     
Juneau Police Department (JPD)                                                                                                  
City and Borough of Juneau                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 116.                                                               
                                                                                                                                
JAMES BAISDEN, Fire Chief                                                                                                       
Nikiski Fire Department;                                                                                                        
1st Vice President                                                                                                              
Alaska Fire Chiefs Association                                                                                                  
Nikiski, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 116.                                                                          
                                                                                                                                
JOHN BROWN, Sergeant                                                                                                            
Division of Alaska State Troopers (AST)                                                                                         
Department of Public Safety (DPS)                                                                                               
Seward, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the discussion of HB 116.                                                               
                                                                                                                                
SEAN MARTINES, Sergeant                                                                                                         
Fairbanks International Airport Police and Fire                                                                                 
Fairbanks International Airport                                                                                                 
Department of Transportation & Public Facilities (DOT&PF)                                                                       
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 116.                                                                          
                                                                                                                                
MARC CLOWARD, Sergeant                                                                                                          
Division of Alaska Wildlife Troopers (AWT)                                                                                      
Department of Public Safety (DPS)                                                                                               
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of HB 116.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
4:03:02 PM                                                                                                                    
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee  meeting  to  order  at   4:03  p.m.    Representatives                                                               
Reinbold, Chenault,  Millett, Saddler, Josephson, and  Olson were                                                               
present at the call to order.                                                                                                   
                                                                                                                                
          HB 102-RETIREMENT PLANS; ROTH IRAS; PROBATE                                                                       
                                                                                                                                
4:03:27 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
HOUSE BILL NO.  102, "An Act relating to  property exemptions for                                                               
retirement plans, individual retirement  accounts, and Roth IRAs;                                                               
relating to  transfers of  individual retirement  plans; relating                                                               
to  the  rights  of  judgment creditors  of  members  of  limited                                                               
liability   companies   and   partners   of   limited   liability                                                               
partnerships;  relating to  the Uniform  Probate Code,  including                                                               
pleadings,  orders,  liability,  and notices  under  the  Uniform                                                               
Probate  Code  and  the  Alaska Principal  and  Income  Act,  the                                                               
appointment  of  trust  property,   the  Alaska  Uniform  Prudent                                                               
Investor Act, co-trustees, trust  protectors, and trust advisors;                                                               
relating to the Alaska Principal  and Income Act; relating to the                                                               
Alaska  Uniform   Transfers  to  Minors  Act;   relating  to  the                                                               
disposition of  human remains;  relating to  the tax  on insurers                                                               
for life insurance policies; relating  to insurable interests for                                                               
certain   insurance  policies;   relating   to  restrictions   on                                                               
transfers   of  trust   interests;   relating  to   discretionary                                                               
interests  in  irrevocable  trusts;  relating  to  the  community                                                               
property of married  persons; and amending Rule  64, Alaska Rules                                                               
of Civil Procedure, and Rule 301(a), Alaska Rules of Evidence."                                                                 
                                                                                                                                
4:03:52 PM                                                                                                                    
                                                                                                                                
ERNEST  PRAX,  Staff,  Representative Wes  Keller,  Alaska  State                                                               
Legislature,  on  behalf  of   the  sponsor,  Representative  Wes                                                               
Keller, stated  that the proposed  committee substitute  (CS) for                                                               
HB 102,  Version U,  will be before  the committee  for adoption.                                                               
This  bill  would  incorporate  two  changes  from  the  previous                                                               
meeting.   The first change incorporates  an amendment, Amendment                                                               
1, previously adopted by the  committee that corrected a drafting                                                               
error.   The  second change  would  remove language  on page  35,                                                               
lines 18-31, and  page 36, lines 1-4, which is  Section 38 of the                                                               
original bill.                                                                                                                  
                                                                                                                                
4:04:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD moved  to adopt  the proposed  committee                                                               
substitute,  (CS), labeled  28-LS-0335\U, Bannister,  2/26/13, as                                                               
the working document.                                                                                                           
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
4:05:12 PM                                                                                                                    
                                                                                                                                
MR.  PRAX explained  that Section  38 pertains  to the  allowable                                                               
time for an  insurable interest and as he  recalled the committee                                                               
held a discussion  on whether it was needed since  it was more of                                                               
a  technical legal  question.   He related  that the  parties the                                                               
sponsor was working with decided the language was not necessary.                                                                
                                                                                                                                
4:06:28 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  removed  his  objection.  There  being  no  further                                                               
objection, Version U was before the committee.                                                                                  
                                                                                                                                
4:08:39 PM                                                                                                                    
                                                                                                                                
BETH  CHAPMAN,  Attorney,  Faulkner Banfield,  P.C.,  stated  she                                                               
previously testified in  support of the bill.  She  said she also                                                               
supported  the  proposed   amendments,  including  the  technical                                                               
amendment.                                                                                                                      
                                                                                                                                
4:09:16 PM                                                                                                                    
                                                                                                                                
JONATHAN  BLATTMACHR, Attorney,  President  &  CEO, Alaska  Trust                                                               
Company,  testified in  support of  HB 102,  which he  said could                                                               
create jobs and bring revenue into the state.                                                                                   
                                                                                                                                
4:10:22 PM                                                                                                                    
                                                                                                                                
DAVID SHAFTEL, Attorney,  Shaftel Law Offices, PC, said  he is an                                                               
attorney  in  trust and  estates  and  is  one  of the  group  of                                                               
attorneys  that worked  on  HB 102  for about  three  years.   He                                                               
characterized the  bill as containing  provisions that  will help                                                               
all  of Alaska's  residents.    He urged  the  committee to  give                                                               
serious consideration to the bill.                                                                                              
                                                                                                                                
4:11:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON understood he  does probate practice and                                                               
is familiar with probate practice and the probate bar.                                                                          
                                                                                                                                
MR. SHAFTEL confirmed that to be the case.                                                                                      
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked whether  those in probate practice                                                               
like the bill.                                                                                                                  
                                                                                                                                
MR. SHAFTEL  replied yes, and  noted that a number  of provisions                                                               
in HB  102 will make  it easier  for the attorneys  to administer                                                               
estates and trusts as well as  to plan for Alaska residents.  The                                                               
provisions,  he related,  were discussed  among the  probate bar,                                                               
which  is   a  relatively  small  group   that  meets,  discusses                                                               
problems,  and  when  statute  changes   are  necessary  ask  the                                                               
legislature for assistance.                                                                                                     
                                                                                                                                
4:13:02 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on HB 102.                                                                                     
                                                                                                                                
[HB 102 was held over.]                                                                                                         
                                                                                                                                
4:13:43 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:13 p.m. to 4:19 p.m.                                                                       
                                                                                                                                
            HB 116-PERS CREDIT FOR MILITARY SERVICE                                                                         
                                                                                                                                
4:19:58 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  next order of business  would be                                                               
HOUSE  BILL NO.  116  "An Act  relating to  the  use of  credited                                                               
military service  by retired peace  officers and  firefighters to                                                               
meet certain  requirements for major medical  insurance coverage;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
4:20:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT, speaking as sponsor  of HB 116, said this                                                               
bill is a  way to honor members of the  military that have served                                                               
in  the military  and worked  with the  state as  peace officers.                                                               
She explained that  military members often take  jobs in civilian                                                               
life they previously  held in the military,  such as firefighters                                                               
and  police officers.   The  aforementioned professions  are jobs                                                               
that are  difficult, cause great wear  and tear on the  body, and                                                               
for which  the potential for injury  is high.  Therefore,  HB 116                                                               
provides a cost  savings that could help fire  and police members                                                               
by  allowing them  to purchase  five years  of Public  Employees'                                                               
Retirement  System  (PERS)  service   for  medical  benefits  and                                                               
retirement.   She  highlighted that  the bill  has a  zero fiscal                                                               
note  since  members would  repay  the  cost through  an  actuary                                                               
formula  for up  to five  years of  military service  time.   She                                                               
highlighted  that this  would recognize  the military  service of                                                               
the police  officers and  firefighters as  well as  the increased                                                               
possibility of injury  or need for more time off  as these people                                                               
age.  This  bill would allow for an earlier  retirement for those                                                               
who chose to do  so at no cost to the  state and potentially save                                                               
the state some money.                                                                                                           
                                                                                                                                
4:23:03 PM                                                                                                                    
                                                                                                                                
VASILIOS  GIALOPSOS,  Staff,   Representative  Charisse  Millett,                                                               
Alaska State  Legislature, on  behalf of  Representative Charisse                                                               
Millett, provided  a sectional analysis  of the bill.   He stated                                                               
that  Section  1 is  a  conforming  section  such that  it  would                                                               
conform AS 39.35.340 to Section 2  of the bill, which would allow                                                               
peace  officers and  firefighters, vested  under PERS  Tier 2  or                                                               
Tier 3, to  obtain medical coverage under AS 39.35.535  (c).  The                                                               
proposed  retiree  would  confer  with the  state's  Division  of                                                               
Retirement and  Benefits and the actuarial  indebtedness would be                                                               
calculated.  Since the bill  is permissive, the employee would be                                                               
able to choose to purchase up to five years of service time.                                                                    
                                                                                                                                
4:24:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  the  purchase  would  be                                                               
limited to  Tiers 2  and 3.   He then  asked whether  the benefit                                                               
would be available for Tier 1.                                                                                                  
                                                                                                                                
MR. GIALOPSOS responded  that in a technical sense,  Tier 1 could                                                               
apply.  However,  since the officers in question  are eligible to                                                               
purchase the credit  between their 20th and 25th  work year, Tier                                                               
1 employees would already encompass this timeframe.                                                                             
                                                                                                                                
4:25:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked whether  this could save the state                                                               
money since  the incoming  police and fire  employees would  be a                                                               
lower classification.                                                                                                           
                                                                                                                                
MR. GIALOPSOS responded  that there is a strong  argument that it                                                               
would save  money.   He stated 240  employees are  peace officers                                                               
and  firefighters, working  in some  of the  most hazardous  work                                                               
environments.   He characterized  the jobs  as being  for younger                                                               
people.  Thus  entry-level positions would be coming  in at lower                                                               
cost.  Additionally,  the cost of injuries  could affect workers'                                                               
compensation or result in a disability.                                                                                         
                                                                                                                                
REPRESENTATIVE JOSEPHSON  understood the bill is  permissive so a                                                               
person could shop for coverage.                                                                                                 
                                                                                                                                
MR. GIALOPSOS answered yes.                                                                                                     
                                                                                                                                
4:27:04 PM                                                                                                                    
                                                                                                                                
JIM PUCKETT,  Director, Central Office, Division  of Retirement &                                                               
Benefits  (DRB), Department  of Administration  (DOA), introduced                                                               
himself.                                                                                                                        
                                                                                                                                
KATHY  LEA,   Deputy  Director,   Central  Office,   Division  of                                                               
Retirement  and  Benefits  (DRB),  Department  of  Administration                                                               
(DOA), introduced herself.                                                                                                      
                                                                                                                                
4:28:18 PM                                                                                                                    
                                                                                                                                
MR. PUCKETT  related there  is a  minor issue  regarding changing                                                               
language in the bill so that it can be administered as intended.                                                                
                                                                                                                                
CHAIR OLSON asked whether the department supports the bill.                                                                     
                                                                                                                                
MR. PUCKETT responded that the DOA is neutral on the bill.                                                                      
                                                                                                                                
4:28:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked how the process would work.                                                                        
                                                                                                                                
MS. LEA  answered that  currently PERS  Tier 2  and Tier  3 peace                                                               
officers and  firefighters of any  age can retire after  20 years                                                               
of service;  however, they cannot  access medical  coverage until                                                               
they reach 25  years of service.  Therefore,  those employees who                                                               
retire after  20 years of service  must wait until age  60 before                                                               
they  are  eligible  [to  receive medical  coverage].    Ms.  Lea                                                               
related a  scenario in  which an employee  wishes to  buy service                                                               
time.   The department  would estimate the  cost to  purchase the                                                               
military service  for health eligibility  in the year  the person                                                               
is retiring.   She explained this  limit is due to  the actuarial                                                               
calculation, which  is based on  the employee's age,  the current                                                               
earnings  in the  fund,  as  well as  the  present  value of  the                                                               
additional  benefits.   Thus, the  amount owed  for each  year of                                                               
eligibility  up  to   five  years  would  be   calculated.    The                                                               
additional  retirement time  could be  paid  in full  or in  part                                                               
prior  to retirement  if any  remaining time  can be  taken as  a                                                               
lifetime actuarial reduction  to the retirement or  benefit.  She                                                               
said the person  could do a plan-to-plan transfer  into PERS from                                                               
another qualified  plan such as  the Alaska  Supplemental Annuity                                                               
Plan or the Alaska Deferred Compensation Plan to pay for this.                                                                  
                                                                                                                                
4:31:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked whether  there  is  a penalty  for                                                               
transferring from plan-to-plan.                                                                                                 
                                                                                                                                
MS.  LEA answered  no; that  it  would be  a direct  plan-to-plan                                                               
transfer.                                                                                                                       
                                                                                                                                
4:31:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether  people who have  served as                                                               
firefighters and  police officers but  now serve in  the military                                                               
could buy service time, in other words would it be reciprocal.                                                                  
                                                                                                                                
MS. LEA answered that she did not know.                                                                                         
                                                                                                                                
4:32:14 PM                                                                                                                    
                                                                                                                                
JAKE  METCALFE,  Executive   Director,  Public  Safety  Employees                                                               
Association Local  803 (PSEA), said  that PSEA  represents police                                                               
officers  in  Ketchikan,   Sitka,  Juneau,  Fairbanks,  Soldotna,                                                               
Unalaska, and  Dillingham as  well as  the Alaska  State Troopers                                                               
(AST),  airport   police,  and  firefighters  in   Fairbanks  and                                                               
Anchorage.   He related that approximately  750-800 police, fire,                                                               
and police department employees are  represented by the PSEA.  He                                                               
said  the  PSEA very  much  supports  HB  116  and he  asked  the                                                               
committee  to support  the bill.   He  referred to  the sponsor's                                                               
statement and  read, "They  have made  a career  providing public                                                               
safety  and  rescue   in  one  of  the   most  hazardous  working                                                               
environments  to  be found."    He  also  referred to  charts  in                                                               
members' packets which identify the  type of injuries that police                                                               
officers and firefighters have suffered over time.                                                                              
                                                                                                                                
MR.  METCALFE highlighted  the tragedy  that  happened this  week                                                               
involving Thomas  Madole, a Village Public  Safety Officer (VPSO)                                                               
who was  killed in Southwest  Alaska.  He said  this demonstrates                                                               
the type  of hazards  that police and  fire employees  face every                                                               
day when  they go to work.   He characterized public  safety jobs                                                               
as being  very difficult ones.   He said,  "Our hearts go  out to                                                               
his family and we wish them  the best dealing with this tragedy."                                                               
In conclusion, he urged members to support the bill.                                                                            
                                                                                                                                
4:35:19 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  asked  how  many  of the  750  employees  would  be                                                               
eligible for the buyback provisions in HB 116.                                                                                  
                                                                                                                                
MR.  METCALFE  answered  the  total number  was  238  last  year,                                                               
although  the total  number has  been reduced  since some  people                                                               
have subsequently  retired.  In  further response to  a question,                                                               
Mr. Metcalfe  answered that  238 State  of Alaska  PSEA employees                                                               
would be eligible to the provisions in HB 116.                                                                                  
                                                                                                                                
CHAIR OLSON said it isn't a huge number.                                                                                        
                                                                                                                                
MR. METCALFE  acknowledged that the  PSEA does not  represent all                                                               
police and public safety employees of the state.                                                                                
                                                                                                                                
4:36:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether  the  restrictions are  in                                                               
place  for  those  not honorably  discharged  from  the  military                                                               
service.                                                                                                                        
                                                                                                                                
MR. METCALFE said he did not know.                                                                                              
                                                                                                                                
REPRESENTATIVE SADDLER then asked the sponsor for clarification.                                                                
                                                                                                                                
4:36:44 PM                                                                                                                    
                                                                                                                                
MR. GIALOPSOS referred to AS 39.35.340(a), which read:                                                                          
                                                                                                                                
     A vested  employee is entitled to  credited service for                                                                    
     active  military service  in  the armed  forces of  the                                                                    
     United States,  either by  enlistment or  induction, if                                                                    
     the  employee  received  a  discharge  under  honorable                                                                    
     conditions and  is not  entitled to  receive retirement                                                                    
     benefits  from the  United  States  government for  the                                                                    
     same service.                                                                                                              
                                                                                                                                
MR.  GIALOPSOS  explained  this  refers  to  a  narrowly  defined                                                               
description of the eligible public safety employees.                                                                            
                                                                                                                                
4:37:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER    asked   whether    "under   honorable                                                               
conditions" also includes a general discharge.                                                                                  
                                                                                                                                
MR. GIALOPSOS answered yes.                                                                                                     
                                                                                                                                
REPRESENTATIVE MILLETT expressed her desire  not to offend any of                                                               
the older police officers.                                                                                                      
                                                                                                                                
MR. METCALFE responded she did not.                                                                                             
                                                                                                                                
4:38:21 PM                                                                                                                    
                                                                                                                                
JAMES W. SEARS, Alaska State  Trooper (AST), Department of Public                                                               
Safety   (DPS);   Vice   President,   Public   Safety   Employees                                                               
Association (PSEA), stated  he was born and raised  in Alaska and                                                               
is currently  an Alaska  State Trooper  (AST) stationed  in Nome.                                                               
He has performed most of his  career in rural Alaska and has been                                                               
in  law enforcement  since 1985.    He highlighted  that his  job                                                               
duties  are  demanding and  offered  that  were it  necessary  to                                                               
rescue  Representative Millett  he could  have carried  to safety                                                               
during his  earlier years  but now  he would  likely drag  her to                                                               
safety.   He reported that  he is  a disabled U.S.  Army veteran.                                                               
He advised  that his  job duties  are very  physically demanding,                                                               
including carrying an extra 28 pounds  of gear each day; the gear                                                               
includes his vest,  duty weapon and other gear.   Furthermore, he                                                               
travels  throughout  the  state  in  airplanes,  four-wheel  all-                                                               
terrain vehicles, boats,  and on foot.  In fact,  he related that                                                               
he  just returned  from a  400-mile snowmachine  patrol and  is a                                                               
little sore.   He explained  that carrying  28 pounds of  gear is                                                               
physically hard on bodies.                                                                                                      
                                                                                                                                
MR. SEARS related  that it is more difficult to  wrestle bad guys                                                               
who  do not  want to  cooperate than  it was  during his  younger                                                               
years.    He highlighted  that  HB  116  would give  veterans  an                                                               
opportunity to retire with 20 years  if they also have five years                                                               
of  military service.   This  bill  would allow  the officers  to                                                               
purchase their military  time and military medical time.   In the                                                               
long run, he  predicted this would save the state  a lot of money                                                               
since senior  AST's salaries  are higher.   He surmised  that the                                                               
bill would also reduce the  costs of injuries for older officers.                                                               
In fact, the PSEA's employees are  not asking for a handout since                                                               
these members  are willing to pay  for the military service.   He                                                               
asked  for support  for HB  116 for  military veterans  that have                                                               
served their  country and currently  serve their state.   He also                                                               
expressed  condolences  for VPSO  Madole  who  gave the  ultimate                                                               
sacrifice.                                                                                                                      
                                                                                                                                
4:42:46 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  asked  whether  this   would  open  up  advancement                                                               
possibilities, too, for other officers.                                                                                         
                                                                                                                                
MR.  SEARS confirmed  that is  correct.   He  explained that  the                                                               
seasoned officers  would trickle out  of the PSEA.   For example,                                                               
he has four more years before  he would be eligible to retire and                                                               
take advantage of the option HB 116 provides.                                                                                   
                                                                                                                                
CHAIR OLSON  did not  think the  retirements would  overwhelm the                                                               
system.                                                                                                                         
                                                                                                                                
4:43:27 PM                                                                                                                    
                                                                                                                                
CHRISTOPHER  BURKE,  Sergeant,  Juneau Police  Department  (JPD),                                                               
City and Borough  of Juneau, stated that this  bill would benefit                                                               
him as well as others.  He  said he has worked in law enforcement                                                               
most of  his adult life.   He has purchased his  military credit.                                                               
He said  he has been  with JPD in  active law enforcement  for 17                                                               
years.  Thus far,  the CBJ has not taken a  position on the bill.                                                               
He served in  the U.S. Coast Guard (USCG) on  two separate patrol                                                               
boats whose  mission was  law enforcement  and search  and rescue                                                               
operations.  He  also served in the first Gulf  War and worked on                                                               
anti-terrorist patrols.   He  was born and  raised in  Alaska and                                                               
returned to Alaska  since it was a lifelong dream  to work in the                                                               
community in which  he grew up.  Further, the  bill does not have                                                               
a  fiscal  impact since  the  cost  would  be placed  on  members                                                               
wishing to purchase the military time.   Without HB 116, he would                                                               
otherwise need  to work an  additional five years to  retire with                                                               
full benefits.   One optional  benefit to  the state is  the cost                                                               
savings  since currently  the state  would pay  for his  benefits                                                               
during   the  additional   five   years  of   service  prior   to                                                               
eligibility.   He  suggested this  would  cost more  since he  is                                                               
currently  at the  top of  his pay  scale.   He also  agreed with                                                               
Chair Olson, that  the bill would also allow  younger officers an                                                               
opportunity  for  promotion.    He,  too,  acknowledged  the  job                                                               
becomes more physically  demanding as he grows  older although he                                                               
has been lucky he has not been injured.   He said he is a working                                                               
street patrol  sergeant, which he  plans to remain doing  for his                                                               
remaining time.  He also said  he works with younger officers who                                                               
shoulder some of the demanding enforcement.                                                                                     
                                                                                                                                
4:47:15 PM                                                                                                                    
                                                                                                                                
SERGEANT  BURKE acknowledged  that the  people who  will use  the                                                               
program would do so in a tiered  affect.  He said under HB 116 he                                                               
would purchase  his time  and leave  the state  with 25  years of                                                               
service.   Additionally, he  would pay  for the  medical premiums                                                               
instead of the  CBJ or the state paying them.   He concluded that                                                               
he served his  country, the state and  the CBJ for 26  years.  He                                                               
asked  members to  support  this bill  since it  will  be a  cost                                                               
savings to  the state and is  also a means to  thank veterans who                                                               
have  dedicated  their  lives   to  help  people  through  public                                                               
service.                                                                                                                        
                                                                                                                                
CHAIR  OLSON  indicated  at  least  one  veteran  serves  on  the                                                               
committee.                                                                                                                      
                                                                                                                                
4:48:44 PM                                                                                                                    
                                                                                                                                
JAMES  BAISDEN, Fire  Chief, Nikiski  Fire  Department; 1st  Vice                                                               
President,  Alaska  Fire  Chiefs Association,  speaking  as  Fire                                                               
Chief,  thanked  the  committee and  Representative  Millett  for                                                               
bringing  this bill  forward.   He said  that he  is one  of five                                                               
veterans  working  for  the  department  and  believes  about  10                                                               
firefighters  could  be  affected  by   HB  116.    He  has  held                                                               
conversations with  the Anchorage  Fire Department  personnel who                                                               
indicate  23  fire department  members  would  be eligible.    He                                                               
served  his country  honorably for  nine  years in  the U.S.  Air                                                               
Force (USAF) and three years  in Alaska Air National Guard (AANG)                                                               
as a  firefighter.  In 2007,  he refinanced his home  to purchase                                                               
five years  of PERS service at  a cost of $39,000.   In September                                                               
2014, he  will have 20  years as a Tier  2 employee as  an Alaska                                                               
firefighter.  Even though he  is eligible for PERS retirement, he                                                               
is  not  eligible  for  medical  coverage.    Military  veterans,                                                               
firefighters, and  police officer put themselves  at risk helping                                                               
others throughout  their careers.   They will be exposed  to many                                                               
types  of  hazardous  situations  during  this  time  to  protect                                                               
Alaskans  and  their loved  ones.    Please help  honor  Alaska's                                                               
military veterans with public safety members by passing HB 116.                                                                 
                                                                                                                                
4:51:18 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  asked how  many  Central  Emergency Services  (CES)                                                               
personnel would be affected.                                                                                                    
                                                                                                                                
MR. BAISEN  answered that  his survey  included two  CES members,                                                               
five members  in Nikiski, two  in Bear  Creek, two in  Homer, and                                                               
two in  Kodiak. Even  if the  bill were  currently in  effect, he                                                               
noted  that  some may  not  be  able  to  take advantage  of  the                                                               
program.   Thus  far he  is the  only one  to have  paid for  his                                                               
military service, he said.                                                                                                      
                                                                                                                                
4:52:20 PM                                                                                                                    
                                                                                                                                
JOHN BROWN,  Sergeant, Division of  Alaska State  Troopers (AST),                                                               
Department of  Public Safety  (DPS), stated  he has  been working                                                               
nearly 17  years as a sergeant  with the AST during  which he has                                                               
been stationed  in many  areas of  the state.   Prior to  his AST                                                               
service, he served  in the USAF as a law  enforcement officer for                                                               
four years.   Even though he  would not be eligible  under HB 116                                                               
for another  three years he  knows this bill  will mean a  lot to                                                               
his family.                                                                                                                     
                                                                                                                                
4:53:40 PM                                                                                                                    
                                                                                                                                
SEAN MARTINES,  Sergeant, Fairbanks International  Airport Police                                                               
and   Fire  (FIAPF),   Fairbanks  International   Airport  (FIA),                                                               
Department of Transportation &  Public Facilities (DOT&PF), first                                                               
thanked  Representative  Millet  for  sponsoring the  bill.    He                                                               
stated he has  15 years of service as an  airport police and fire                                                               
officer.   He  previously served  for seven  years on  U.S. Coast                                                               
Guard Cutter Sedge based out  of Homer.  He subsequently attended                                                               
aviation school  and was  stationed in Kodiak  for four  years at                                                               
their  air station.    He has  served Alaskans  for  most of  his                                                               
career.   His  department  has 23  PSEA members,  10  are Tier  3                                                               
employees, and three are eligible to  buy back military time.  He                                                               
related he  will be returning  from back  surgery on April  1 and                                                               
the department has six recruits starting  on May 1.  Fully geared                                                               
up with fire gear, he weighs 340  pounds.  He hopes to finish out                                                               
his career strong.  He  characterized the officers as incredible,                                                               
with a tremendous zest for life  and passing the bill would honor                                                               
the  three  members   who  would  be  eligible.     He  said  the                                                               
committee's support for HB 116 will mean a lot to the officers.                                                                 
                                                                                                                                
4:56:32 PM                                                                                                                    
                                                                                                                                
MARC  CLOWARD, Sergeant,  Division  of  Alaska Wildlife  Troopers                                                               
(AWT),  Department  of Public  Safety  (DPS),  said that  he  has                                                               
worked as  an Alaska Wildlife Trooper  but he is also  a veteran.                                                               
He  thanked  the  sponsor  for   introducing  the  bill  for  all                                                               
veterans.   The  routine  nature  of his  work  as  a Trooper  is                                                               
physically demanding.   In the normal course of the  day he might                                                               
fly  a  super  cub  or  a Cessna  185,  operate  a  four-wheeler,                                                               
snowmachine,  or some  type of  marine vessel.   Often  times his                                                               
routine patrols require boarding vessels  in rough waters or hike                                                               
distances to  access remote  camps for  inspections.   The chance                                                               
for injury  is considerable  and he has  had several  injuries in                                                               
last  the 15  years, which  he indicated  is proportional  to his                                                               
age.    He  said  he  is  now 47  and  is  not  invincible.    He                                                               
anticipated  the physical  demands will  become more  challenging                                                               
over time.  This  bill would give him the option  to retire at 20                                                               
years  and  would  allow  him to  purchase  medical  coverage  to                                                               
coincide with the five years  of credited military service he has                                                               
already  purchased.   He said  this would  give him  25 years  of                                                               
accredited service with  medical benefits.  He  said that without                                                               
this  option he  would need  to work  an additional  10 years  to                                                               
obtain the same  benefit; however under this  scenario, the state                                                               
would also  be obligated to  a 30-year  pension based on  an even                                                               
higher earning  rate.   He offered  his belief that  HB 116  is a                                                               
fiscally viable  option which would  allow him, as a  veteran, to                                                               
retire  after  20  years  of service  with  full  benefits  while                                                               
simultaneously  relieving  the   state  of  additional  financial                                                               
burden  of funding  a 30-year  retirement.   He urged  members to                                                               
support HB 116.   He viewed this bill as  a critical component to                                                               
recognize those who  have served their country and  now serve the                                                               
state.                                                                                                                          
                                                                                                                                
4:59:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON said  he did  not want  to seem  overly                                                               
sentimental, but he  has been so impressed by  the public workers                                                               
- whether in the exempt class  or the non-exempt class.  He said,                                                               
"I really  believe without  these folks the  wheels of  the state                                                               
would  come off.   The  private sector  is vital,  but he  wished                                                               
everyone - all my constituents -  knew about all these people and                                                               
what  they  are  doing.   It's  hard  to  tell  it all,  but  I'm                                                               
impressed."                                                                                                                     
                                                                                                                                
CHAIR OLSON  related the only time  the public will know  this is                                                               
when they need [the police and firefighters.]                                                                                   
                                                                                                                                
4:59:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  passed on  her condolences to  the family                                                               
of VPSO Madole  in Manokotak.  She asked the  officers to pass on                                                               
to his  family that  the legislators  are thinking  of him.   She                                                               
said it was very tragic.                                                                                                        
                                                                                                                                
[HB 116 was held over.]                                                                                                         
                                                                                                                                
5:00:16 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Labor and  Commerce Standing Committee  Meeting was  adjourned at                                                               
5:00 p.m.                                                                                                                       

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