Legislature(2003 - 2004)
05/12/2003 05:19 PM House MLV
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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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