Legislature(2003 - 2004)

05/12/2003 05:19 PM MLV

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            HOUSE SPECIAL COMMITTEE ON MILITARY AND                                                                           
                       VETERANS' AFFAIRS                                                                                      
                          May 12, 2003                                                                                          
                           5:19 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bob Lynn, Chair                                                                                                  
Representative Beverly Masek, Vice Chair                                                                                        
Representative Nancy Dahlstrom                                                                                                  
Representative Hugh Fate                                                                                                        
Representative Sharon Cissna                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bruce Weyhrauch                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 146                                                                                                             
"An Act relating to a  commemorative veterans' license plate; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED SB 146 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 287                                                                                                              
"An   Act  relating   to  waiver   of  permanent   fund  dividend                                                               
application  requirements   in  a   time  of   national  military                                                               
emergency; and providing for an effective date."                                                                                
                                                                                                                                
     - MOVED HB 287 OUT OF COMMITTEE                                                                                            
                                                                                                                                
SENATE BILL NO. 148                                                                                                             
"An Act  relating to  allowable absences  for certain  members of                                                               
the armed  forces and their  spouses and dependents  for purposes                                                               
of eligibility  for permanent fund  dividends; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - MOVED SB 148 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 185                                                                                                              
"An  Act changing  the name  of  the Department  of Military  and                                                               
Veterans'  Affairs to  the Department  of Military  and Veterans'                                                               
Affairs  and Homeland  Security; and  providing for  an effective                                                               
date."                                                                                                                          
     - HEARD BUT NOT SCHEDULED                                                                                                  
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 146                                                                                                                  
SHORT TITLE:COMMEMORATIVE VETERANS LICENSE PLATE                                                                                
SPONSOR(S): SENATOR(S) GUESS                                                                                                    
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/17/03     0517       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/17/03     0517       (S)        STA, FIN                                                                                     
04/03/03                (S)        STA AT 3:30 PM BUTROVICH 205                                                                 
04/03/03                (S)        -- Location Change --                                                                        
04/08/03                (S)        STA AT 3:30 PM BELTZ 211                                                                     
04/08/03                (S)        Moved Out of Committee                                                                       
04/08/03                (S)        MINUTE(STA)                                                                                  
04/09/03     0764       (S)        STA RPT 4DP                                                                                  
04/09/03     0764       (S)        DP: STEVENS G, COWDERY,                                                                      
                                   DYSON, GUESS                                                                                 
04/09/03     0764       (S)        FN1: (ADM)                                                                                   
04/29/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
04/29/03                (S)        Heard & Held                                                                                 
04/29/03                (S)        MINUTE(FIN)                                                                                  
04/30/03     1045       (S)        FIN RPT 3DP 2NR                                                                              
04/30/03     1045       (S)        DP: WILKEN, TAYLOR, OLSON;                                                                   
04/30/03     1045       (S)        NR: GREEN, BUNDE                                                                             
04/30/03     1045       (S)        FN1: (ADM)                                                                                   
04/30/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/02/03     1104       (S)        RULES TO CALENDAR 5/2/03                                                                     
05/02/03     1104       (S)        READ THE SECOND TIME                                                                         
05/02/03     1104       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
05/02/03     1105       (S)        READ THE THIRD TIME SB 146                                                                   
05/02/03     1105       (S)        COSPONSOR(S): WILKEN, DYSON,                                                                 
                                   STEVENS G,                                                                                   
05/02/03     1105       (S)        FRENCH, LINCOLN, WAGONER,                                                                    
                                   SEEKINS,                                                                                     
05/02/03     1105       (S)        ELTON, TAYLOR, COWDERY,                                                                      
                                   OLSON,                                                                                       
05/02/03     1105       (S)        THERRIAULT                                                                                   
05/02/03     1105       (S)        PASSED Y19 N- E1                                                                             
05/02/03     1105       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/02/03     1114       (S)        TRANSMITTED TO (H)                                                                           
05/02/03     1114       (S)        VERSION: SB 146                                                                              
05/05/03     1305       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/05/03     1305       (H)        MLV, STA                                                                                     
05/05/03     1333       (H)        CROSS SPONSOR(S): LYNN,                                                                      
                                   MCGUIRE                                                                                      
05/12/03                (H)        MLV AT 5:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: HB 287                                                                                                                  
SHORT TITLE:WAIVE SOME PFD REQUIREMENTS FOR MILITARY                                                                            
SPONSOR(S): REPRESENTATIVE(S)DAHLSTROM                                                                                          
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
04/25/03     1128       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
04/25/03     1128       (H)        MLV, FIN                                                                                     
05/02/03     1290       (H)        COSPONSOR(S): LYNN                                                                           
05/12/03                (H)        MLV AT 5:15 PM CAPITOL 17                                                                    
                                                                                                                                
BILL: SB 148                                                                                                                  
SHORT TITLE:PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                                             
SPONSOR(S): SENATOR(S) COWDERY                                                                                                  
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/18/03     0534       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/18/03     0534       (S)        STA, FIN                                                                                     
04/03/03                (S)        STA AT 3:30 PM BUTROVICH 205                                                                 
04/03/03                (S)        -- Location Change --                                                                        
04/03/03                (S)        MINUTE(STA)                                                                                  
04/08/03                (S)        STA AT 3:30 PM BELTZ 211                                                                     
04/08/03                (S)        Moved Out of Committee                                                                       
04/08/03                (S)        MINUTE(STA)                                                                                  
04/09/03     0764       (S)        STA RPT 4DP                                                                                  
04/09/03     0764       (S)        DP: STEVENS G, COWDERY,                                                                      
                                   DYSON, GUESS                                                                                 
04/09/03     0764       (S)        FN1: (REV)                                                                                   
04/17/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
04/17/03                (S)        Heard & Held                                                                                 
04/17/03                (S)        MINUTE(FIN)                                                                                  
05/01/03     1073       (S)        FIN RPT 2DP 5NR                                                                              
05/01/03     1073       (S)        NR: GREEN, WILKEN, HOFFMAN,                                                                  
                                   OLSON,                                                                                       
05/01/03     1073       (S)        BUNDE; DP: STEVENS B, TAYLOR                                                                 
05/01/03     1073       (S)        FN1: (REV)                                                                                   
05/01/03                (S)        FIN AT 9:00 AM SENATE FINANCE                                                                
                                   532                                                                                          
05/01/03                (S)        Moved Out of Committee                                                                       
05/01/03                (S)        MINUTE(FIN)                                                                                  
05/03/03     1129       (S)        RULES TO CALENDAR 5/3/2003                                                                   
05/03/03     1129       (S)        READ THE SECOND TIME                                                                         
05/03/03     1129       (S)        ADVANCED TO THIRD READING 5/4                                                                
                                   CALENDAR                                                                                     
05/04/03     1144       (S)        READ THE THIRD TIME SB 148                                                                   
05/04/03     1144       (S)        PASSED Y14 N- E5 A1                                                                          
05/04/03     1144       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
05/04/03     1144       (S)        ELTON NOTICE OF                                                                              
                                   RECONSIDERATION                                                                              
05/05/03     1162       (S)        RECONSIDERATION NOT TAKEN UP                                                                 
05/05/03     1164       (S)        TRANSMITTED TO (H)                                                                           
05/05/03     1164       (S)        VERSION: SB 148                                                                              
05/06/03     1343       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
05/06/03     1343       (H)        MLV, FIN                                                                                     
05/07/03     1438       (H)        CROSS SPONSOR(S): LYNN                                                                       
05/12/03                (H)        MLV AT 5:15 PM CAPITOL 17                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR GRETCHEN GUESS                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as sponsor of SB 146.                                                                            
                                                                                                                                
ROBIN PHILLIPS, Staff                                                                                                           
to Representative Nancy Dahlstrom                                                                                               
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions pertaining to HB 287,                                                                   
which was sponsored by Representative Dahlstrom.                                                                                
                                                                                                                                
SHARON BARTON, Director                                                                                                         
Permanent Fund Dividend Division                                                                                                
Department of Revenue                                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 287.                                                                              
                                                                                                                                
ANNETTE SKIBINSKI, Staff                                                                                                        
to Senator John Cowdery                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Presented  SB  148  on behalf  of  Senator                                                               
Cowdery, sponsor.                                                                                                               
                                                                                                                                
JOHN CRAMER, Director                                                                                                           
Administrative Services Division                                                                                                
Department of Military & Veterans' Affairs (DMVA)                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Offered to  work  with members  on HB  185                                                               
over the interim.                                                                                                               
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 03-9, SIDE A                                                                                                             
Number 0001                                                                                                                     
                                                                                                                                
[Chair Lynn announced that he  was adjourning the recessed 5/1/03                                                               
meeting, which had never reconvened.]                                                                                           
                                                                                                                                
CHAIR BOB  LYNN called  the House  Special Committee  on Military                                                             
and   Veterans'   Affairs  meeting   to   order   at  5:19   p.m.                                                               
Representatives  Lynn,  Dahlstrom,  Fate, Cissna,  and  Gruenberg                                                               
were present at the call  to order.  Representative Masek arrived                                                               
as the meeting was in progress.                                                                                                 
                                                                                                                                
SB 146-COMMEMORATIVE VETERANS LICENSE PLATE                                                                                   
                                                                                                                                
CHAIR LYNN  announced that the  first order of business  would be                                                               
SENATE  BILL  NO.  146,  "An  Act  relating  to  a  commemorative                                                               
veterans' license plate; and providing for an effective date."                                                                  
                                                                                                                                
Number 0068                                                                                                                     
                                                                                                                                
SENATOR  GRETCHEN GUESS,  Alaska  State  Legislature, sponsor  of                                                               
SB 146, explained that Alaska is one  of the few states without a                                                               
commemorative license plate for veterans.   Right now, there is a                                                               
license  plate  that veterans  only  may  purchase; however,  any                                                               
Alaskan may purchase the plates proposed  in SB 146 in support of                                                               
veterans.    She said  the  bill  is  structured similar  to  the                                                               
children's trust,  with a $100 purchase  fee for the plates.   In                                                               
addition, there is a $35 fee  for renewal.  Those monies would be                                                               
available  for  the  legislature  to  appropriate  for  veterans'                                                               
services,  which is  the  intent.   She said  there  has been  no                                                               
opposition  to the  legislation and  that the  Division of  Motor                                                               
Vehicles  (DMV)  has  no  problem   with  it.    Furthermore,  it                                                               
generates money, and any costs would be covered by the fee.                                                                     
                                                                                                                                
Number 0162                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE moved to report  SB 146 out of committee with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There  being no  objection, SB  146 was  reported from  the House                                                               
Special Committee on Military and Veterans' Affairs.                                                                            
                                                                                                                                
HB 287-WAIVE SOME PFD REQUIREMENTS FOR MILITARY                                                                               
                                                                                                                                
CHAIR LYNN  announced that  the next order  of business  would be                                                               
HOUSE BILL NO. 287, "An Act  relating to waiver of permanent fund                                                               
dividend application requirements in  a time of national military                                                               
emergency; and providing for an effective date."                                                                                
                                                                                                                                
Number 0289                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DAHLSTROM,  sponsor  of HB  287,  explained  that                                                               
statutes  allow  the commissioner  of  revenue  to waive  certain                                                               
eligibility requirements  for the  permanent fund  dividend (PFD)                                                               
for a member  of the U.S. armed forced during  a time of national                                                               
emergency.    The  bill  corrects   an  oversight  in  filing  by                                                               
authorizing  the  commissioner to  approve  an  extension of  the                                                               
filing date to  a military member who is "assigned  in support of                                                               
the condition  causing the national  emergency."  She  noted that                                                               
this year's filing period was  during the same timeframe in which                                                               
military personnel were  called to duty.  She  offered her belief                                                               
that allowing Alaska's service people  ample time to file for the                                                               
[PFD] is "the least that we can do."                                                                                            
                                                                                                                                
Number 0351                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  what AS  43.23.005(a)(4) and  AS                                                               
43.23.011 do.  [He began to look them up.]                                                                                      
                                                                                                                                
Number 0409                                                                                                                     
                                                                                                                                
ROBIN PHILLIPS,  Staff to Representative Nancy  Dahlstrom, Alaska                                                               
State  Legislature, noted  that  AS  43.23.005(a)(4) reads,  "has                                                               
been physically present in the  state for at least 72 consecutive                                                               
hours at some time during the  prior two years before the current                                                               
dividend year".                                                                                                                 
                                                                                                                                
REPRESENTATIVE   GRUENBERG   said   AS  43.23.011   defines   the                                                               
application  period and  states  that filing  must occur  between                                                               
January 2  and March 31.   He asked whether the  waiver is during                                                               
the period of the emergency.                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM affirmed that.                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  whether  it  is  the  sponsor's                                                               
intent, after  the military  emergency is  over, that  the person                                                               
must come back [to Alaska] for the 72 hours.                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM replied, "At some point, yes."                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that  the  language doesn't  say                                                               
when; he suggested a person  could, therefore, legitimately claim                                                               
to have forever  to come back.  He proposed  perhaps specifying a                                                               
certain period of  time during which the person  must fulfill the                                                               
72-hour  requirement.   Referring  to the  language  that says  a                                                               
person  must  apply between  January  2  and  March 31,  he  also                                                               
suggested  the need  to have  the person  apply within  a certain                                                               
period of time after the national emergency ends.                                                                               
                                                                                                                                
REPRESENTATIVE DAHLSTROM said she thinks  it's a valid point.  In                                                               
response to Chair  Lynn, she affirmed that she  would entertain a                                                               
friendly amendment.  She requested that Ms. Phillips respond.                                                                   
                                                                                                                                
Number 0621                                                                                                                     
                                                                                                                                
MS.  PHILLIPS said  the  bill  doesn't touch  the  part about  72                                                               
hours, which already  is in statute.  The bill  simply allows the                                                               
commissioner  to  waive  the  application  period.    This  year,                                                               
January 2  to March  31 was  during a  time of  national military                                                               
[engagement]; she said  this asks the commissioner  to waive that                                                               
as well.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG asked to hear from the department.                                                                     
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
SHARON  BARTON,  Director,   Permanent  Fund  Dividend  Division,                                                               
Department of Revenue, told members:                                                                                            
                                                                                                                                
     We've  been administering  this section  for some  time                                                                    
     now with respect to  national emergencies and interpret                                                                    
     it  to mean  that if  ...  during a  dividend year  the                                                                    
     person was  on active duty during  a national emergency                                                                    
     for that  ... dividend year, these  provisions would be                                                                    
     waived.   So I don't see  that we would have  a problem                                                                    
     ... with  it being  an indefinite ending.   If,  in the                                                                    
     next  dividend year,  ...  the  national emergency  was                                                                    
     still in place, then we would waive it again.                                                                              
                                                                                                                                
Number 0714                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG posed  a  situation  in which  fighting                                                               
occurs beyond  March 31 but  then ends during the  dividend year.                                                               
He asked  by when a  person would have to  apply, as it  has been                                                               
interpreted.                                                                                                                    
                                                                                                                                
MS.  BARTON said  she'd have  to get  back with  an answer.   She                                                               
added, "I  believe that we  would allow them a  reasonable length                                                               
of time to get their application in for that dividend year."                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked, "And  you  don't  need that  in                                                               
statute to say that."                                                                                                           
                                                                                                                                
MS. BARTON said she didn't think so.                                                                                            
                                                                                                                                
CHAIR LYNN asked whether there  were further questions; none were                                                               
offered.                                                                                                                        
                                                                                                                                
Number 0768                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MASEK moved  to report  HB 287  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note;  she   requested  unanimous   consent.    There   being  no                                                               
objection, HB 287  was reported from the  House Special Committee                                                               
on Military and Veterans' Affairs.                                                                                              
                                                                                                                                
SB 148-PFD: ALLOWABLE ABSENCE FOR MILITARY SVC                                                                                
                                                                                                                                
CHAIR LYNN  announced that the  final order of business  would be                                                               
SENATE BILL NO.  148, "An Act relating to  allowable absences for                                                               
certain  members  of  the  armed forces  and  their  spouses  and                                                               
dependents  for  purposes  of   eligibility  for  permanent  fund                                                               
dividends; and providing for an effective date."                                                                                
                                                                                                                                
Number 0811                                                                                                                     
                                                                                                                                
ANNETTE SKIBINSKI,  Staff to Senator  John Cowdery,  Alaska State                                                               
Legislature,  presented  SB 148  on  behalf  of Senator  Cowdery,                                                               
sponsor.   She said this  corrects what Senator  Cowdery believes                                                               
to  be  an  oversight.    A  constituent  who  was  activated  on                                                               
September  11 [2001]  in the  Navy reserves  was deployed  for 10                                                               
months; he has  been an Alaskan resident for 20  years.  When the                                                               
constituent returned  from duty,  he went  to California  for two                                                               
months  and  was  denied his  dividend.    However,  [nonmilitary                                                               
residents] can be  gone from Alaska for up to  180 days and still                                                               
receive a  dividend.  Thus the  bill corrects the amount  of time                                                               
such a person  is allowed to be gone [in  addition to time absent                                                               
during military duty].                                                                                                          
                                                                                                                                
CHAIR  LYNN  asked  whether  there   were  questions;  none  were                                                               
offered.                                                                                                                        
                                                                                                                                
Number 0902                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MASEK moved  to report  SB 148  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note;  she   requested  unanimous   consent.    There   being  no                                                               
objection, SB 148  was reported from the  House Special Committee                                                               
on Military and Veterans' Affairs.                                                                                              
                                                                                                                                
HB 185-RENAMING DEPT. MILITARY/VETERANS AFFAIRS                                                                               
                                                                                                                                
Number 0940                                                                                                                     
                                                                                                                                
CHAIR LYNN  asked John Cramer  to speak briefly to  the committee                                                               
about  HB 185.    [The  bill had  been  heard  previously, and  a                                                               
proposed committee substitute had been adopted on 5/1/03.]                                                                      
                                                                                                                                
Number 0949                                                                                                                     
                                                                                                                                
JOHN   CRAMER,   Director,  Administrative   Services   Division,                                                               
Department  of  Military  & Veterans'  Affairs  (DMVA),  informed                                                               
members  that  the  department  would like  to  work  during  the                                                               
interim with members  and other committees to which  HB 185 might                                                               
be referred, to  make sure that issues and  concerns are answered                                                               
to everyone's satisfaction.                                                                                                     
                                                                                                                                
CHAIR LYNN requested  that members contact Mr.  Cramer or himself                                                               
if there are questions.  [End of discussion of HB 185.]                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee  on Military and Veterans'  Affairs meeting was                                                               
adjourned at 5:34 p.m.                                                                                                          

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