Legislature(1999 - 2000)

04/15/1999 08:05 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                                   
                   April 15, 1999                                                                                               
                     8:05 a.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Jeannette James, Chair                                                                                           
Representative John Coghill                                                                                                     
Representative Scott Ogan                                                                                                       
Representative Jim Whitaker                                                                                                     
Representative Bill Hudson                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Harold Smalley                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE BILL 157                                                                                                                
"An Act relating to absences from the state while serving on                                                                    
oceangoing vessels of the United States merchant marine for                                                                     
purposes of eligibility for permanent fund dividends; and providing                                                             
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED HB 157 OUT OF COMMITTEE                                                                                            
                                                                                                                                
* HOUSE BILL 156                                                                                                                
"An Act relating to investments by the Alaska Permanent Fund                                                                    
Corporation; and providing for an effective date."                                                                              
                                                                                                                                
     - MOVED CSHB 156(STA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL 132                                                                                                                  
"An Act relating to allowable absences from the state for purposes                                                              
of eligibility for permanent fund dividends; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL 16                                                                                                                   
"An Act transferring to the Department of Health and Social                                                                     
Services the authority to license all assisted living facilities;                                                               
eliminating the authority of the Department of Administration to                                                                
license assisted living facilities; and providing for an effective                                                              
date."                                                                                                                          
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
* HOUSE BILL 144                                                                                                                
"An Act relating to access to public buildings or public facilities                                                             
by legislators and to audits of public buildings or public                                                                      
facilities."                                                                                                                    
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
HOUSE BILL 159                                                                                                                  
"An Act granting certain employees in correctional facilities                                                                   
status as peace officers under the public employees' retirement                                                                 
system."                                                                                                                        
                                                                                                                                
     - CANCELED                                                                                                                 
                                                                                                                                
HOUSE BILL 179                                                                                                                  
"An Act eliminating the Alaska Public Offices Commission and all                                                                
campaign contribution and expenditure limits; repealing lobbying                                                                
and conflict of interest statutes administered by the Alaska Public                                                             
Offices Commission; relating to the definition of 'lobby,'                                                                      
'lobbying,' and 'lobbyist'; repealing the required annual financial                                                             
disclosures program administered by the Alaska Public Offices                                                                   
Commission; repealing the conflict of interest statutes                                                                         
administered by the Alaska Public Offices Commission; relating to                                                               
reporting of campaign contributions and expenditures; amending the                                                              
definition of 'contribution,' 'group,' and 'political party';                                                                   
changing the residency requirements for candidates for public                                                                   
offices; and providing for criminal penalties for violation of                                                                  
these provisions."                                                                                                              
                                                                                                                                
     - CANCELED                                                                                                                 
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 157                                                                                                                    
SHORT TITLE: PFD ALLOWABLE ABSENCES                                                                                             
SPONSOR(S): REPRESENTATIVES(S) SANDERS, Harris                                                                                  
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/24/99       555     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/24/99       555     (H)  STA, FIN                                                                                            
 3/30/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/30/99               (H)  <BILL POSTPONED TO 4/15/99>                                                                         
 4/15/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 156                                                                                                                    
SHORT TITLE: PERMANENT FUND INVESTMENTS                                                                                         
SPONSOR(S): RULES BY REQUEST OF BUDGET AND AUDIT                                                                                
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/24/99       555     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/24/99       555     (H)  STA, FIN                                                                                            
 4/15/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
BILL: HB 132                                                                                                                    
SHORT TITLE: PERMANENT FUND ALLOWABLE ABSENCES                                                                                  
SPONSOR(S): REPRESENTATIVES(S) COWDERY BY REQUEST                                                                               
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/11/99       428     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/11/99       428     (H)  STA, FINANCE                                                                                        
 3/23/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
 3/23/99               (H)  ASSIGNED TO A SUBCOMMITTEE                                                                          
 3/23/99               (H)  MINUTE(STA)                                                                                         
 4/15/99               (H)  STA AT  8:00 AM CAPITOL 102                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE JERRY SANDERS                                                                                                    
Alaska State Legislature                                                                                                        
Capitol Building, Room 414                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3476                                                                                                      
POSITION STATEMENT:  Presented HB 157.                                                                                          
                                                                                                                                
DEBORAH VOGT, Deputy Commissioner                                                                                               
Department of Revenue                                                                                                           
P.O. Box 110405                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-2300                                                                                                      
POSITION STATEMENT:  Provided information on HB 157 and HB 156.                                                                 
                     She expressed concerns on both bills.                                                                      
                                                                                                                                
NANCI JONES, Director                                                                                                           
Permanent Fund Dividend Division                                                                                                
Department of Revenue                                                                                                           
P.O. Box 110460                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-2323                                                                                                      
POSITION STATEMENT:  Provided information on HB 157 and HB 156.                                                                 
                     She expressed concerns on both bills.                                                                      
                                                                                                                                
HAROLD HOLTON, Representative                                                                                                   
Seafarers International Union                                                                                                   
721 Sesame Street, suite 1-C                                                                                                    
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 561-4988                                                                                                      
POSITION STATEMENT:  Testified in support of HB 157.                                                                            
                                                                                                                                
ROCKY LATTA, member                                                                                                             
Seafarers Union                                                                                                                 
6704 Lunar Drive                                                                                                                
Anchorage, Alaska  99504                                                                                                        
Telephone:  (907) 552-0370                                                                                                      
POSITION STATEMENT:  Testified in support of HB 157.                                                                            
                                                                                                                                
EDEN LATTA, member                                                                                                              
Seafarers Union                                                                                                                 
6704 Lunar Drive                                                                                                                
Anchorage, Alaska  99504                                                                                                        
Telephone:  (907) 333-9984                                                                                                      
POSITION STATEMENT:  Testified in support of HB 157.                                                                            
                                                                                                                                
JOHN GLENN                                                                                                                      
Seafarers Union                                                                                                                 
3513 Creekside Drive, Number 12                                                                                                 
Anchorage, Alaska  99504                                                                                                        
Telephone:  (907) 333-2900                                                                                                      
POSITION STATEMENT:  Testified in support of HB 157.                                                                            
                                                                                                                                
KAREN BRAND, Vice President                                                                                                     
Alaska State Chamber of Commerce                                                                                                
P.O. Box 91896                                                                                                                  
Anchorage, Alaska  99509                                                                                                        
Telephone:  (907)278-2722                                                                                                       
POSITION STATEMENT:  Testified in support of HB 157.                                                                            
                                                                                                                                
EDDIE BURKE, Lesislative Administrative                                                                                         
  Assistant to Representative Sanders                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 414                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3476                                                                                                      
POSITION STATEMENT:  Provided information on HB 157.                                                                            
                                                                                                                                
ERIC WOHLFORTH, Chairman                                                                                                        
Board of Trustees                                                                                                               
Alaska Permanent Fund Corporation                                                                                               
Wolforth, Vassar, Johnson, and Brecht                                                                                           
900 West Fifth Avenue, Suite 600                                                                                                
Anchorage, Alaska  99501                                                                                                        
Telephone:  (907) 276-6401                                                                                                      
POSITION STATEMENT:  Testified in Support of HB 156.                                                                            
                                                                                                                                
JIM KELLY, Director of Communications                                                                                           
Alaska Permanent Fund Corporation                                                                                               
P.O. Box 25500                                                                                                                  
Juneau, Alaska  99802                                                                                                           
Telephone:  (907) 465-2059                                                                                                      
POSITION STATEMENT:  Testified in Support of HB 156.                                                                            
                                                                                                                                
TOM MAHER, Legislative Assistant                                                                                                
  to Representative Gail Phillips                                                                                               
Alaska State Legislature                                                                                                        
Capitol Building, Room 411                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-6873                                                                                                      
POSITION STATEMENT:  Provided information on HB 156.                                                                            
                                                                                                                                
PETER TORKELSON, Researcher                                                                                                     
  to Representative Cowdery                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 204                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-6848                                                                                                      
POSITION STATEMENT:  Provided information on HB 132.                                                                            
                                                                                                                                
REPRESENTATIVE COWDERY                                                                                                          
Alaska State Legislature                                                                                                        
Capitol Building, Room 204                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-6848                                                                                                      
POSITION STATEMENT:  Sponsor of HB 132 Testified that he doesn't                                                                
                     have a problem with every individual                                                                       
                     providing proof of residency.                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-24, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIR JEANNETTE JAMES called the House State Affairs Standing                                                                   
Committee meeting to order at 8:05 a.m.  Members present at the                                                                 
call to order were Representatives James, Coghill, Whitaker,                                                                    
Kerttula and Smalley.  Representatives Hudson and Ogan arrived at                                                               
8:10 and 9:05 a.m. respectively.                                                                                                
                                                                                                                                
CHAIR JAMES announced the hearing on HB 159, "An Act granting                                                                   
certain employees in correctional facilities status as peace                                                                    
officers under the public employees' retirement system," will not                                                               
be heard today because the fiscal note won't be available until                                                                 
Monday.  [Canceled prior to the meeting].                                                                                       
                                                                                                                                
HB 157-PFD ALLOWABLE ABSENCES                                                                                                   
                                                                                                                                
Number 001                                                                                                                      
                                                                                                                                
CHAIR JAMES announced the first item up is HB 157, "An Act relating                                                             
to absences from the state while serving on oceangoing vessels of                                                               
the United States merchant marine for purposes of eligibility for                                                               
permanent fund dividends; and providing for an effective date."                                                                 
                                                                                                                                
Number 024                                                                                                                      
                                                                                                                                
REPRESENTATIVE JERRY SANDERS presented HB 157 noting that it was                                                                
brought forward for several reasons and that he has a lot of backup                                                             
for the specifics of the situation.  He said there are currently 13                                                             
exemptions to the permanent fund dividend program and that he would                                                             
like to add one more to take that hex off [laughter].  He pointed                                                               
out that there's a very small number of people that this will be                                                                
made available to.  And all these people meet all of the other                                                                  
conditions of the permanent fund other than the 180 days and it's                                                               
only because they are out working, they're on ships and they have                                                               
to be gone.  It's for merchant mariners who live and reside in the                                                              
state of Alaska and who have their families here, and who are out                                                               
of the state for more than 180 days a year.                                                                                     
                                                                                                                                
REPRESENTATIVE SANDERS said the merchant marines are often equated                                                              
with the military, especially in times of war.  He mentioned that                                                               
he worked on river boats on the Mississippi and Ohio Rivers and was                                                             
gone for nine weeks and was in port six or seven days while loading                                                             
- so he probably spent nine months outside Texas.  He said no one                                                               
could have convinced him that he wasn't a Texan because his family                                                              
was there, he paid rent, and so on.  Therefore, he can relate to                                                                
the mariner's concerns.                                                                                                         
                                                                                                                                
CHAIR JAMES noted Representative Hudson's arrival.                                                                              
                                                                                                                                
Number 103                                                                                                                      
                                                                                                                                
[Seafarers Recruitment Video - five minutes].                                                                                   
                                                                                                                                
Number 231                                                                                                                      
                                                                                                                                
DEBORAH VOGT, Deputy Commissioner, Department of Revenue,                                                                       
reiterated the department's stand on additions or subtractions to                                                               
the allowable absence list are in the hands of the legislature.                                                                 
She said the department has two concerns, the first is that                                                                     
allowable absences be administrable and that there be clear lines                                                               
around what is and what is not allowed so that staff (from the very                                                             
beginning of the process up through review and appeals) can                                                                     
determine who is and who is not eligible.  She said she believes                                                                
the second function, which is appropriate for the department, is to                                                             
raise equity consideration.                                                                                                     
                                                                                                                                
MS. VOGT noted that the merchant mariner proposal is an                                                                         
administrable absence.  She said, as she understands it, the Coast                                                              
Guard can tell the department who is and who is not a merchant                                                                  
mariner.  She noted that the Seafarers Recruitment Video would                                                                  
qualify as a vocational program and that a person who is a student                                                              
(at that program) would qualify for an allowable absence today.                                                                 
The issue is whether that person would continue to qualify if he or                                                             
she took a career in the merchant marine.                                                                                       
                                                                                                                                
MS. VOGT emphasized that the way this legislation is drafted, the                                                               
family members would not also qualify and that's an important                                                                   
distinction between it and other absences.  If the point is that                                                                
the person's family and ties are all in Alaska then that's the way                                                              
it should be drafted.  Most of the absences (student, military, and                                                             
so on), family members of the person who does qualify are also                                                                  
eligible for dividends.  She said it was a large part of HB 2,                                                                  
which was brought up last year, to reinstate that absence because                                                               
a court decision had denied eligibility for spouses.                                                                            
                                                                                                                                
Number 286                                                                                                                      
                                                                                                                                
CHAIR JAMES asked how many appeals are based on allowable absences.                                                             
                                                                                                                                
MS. VOGT responded that she believes most appeals deal with                                                                     
allowable absences.  She indicated the question of intent is                                                                    
difficult - did you maintain your intent to remain or to become a                                                               
resident - did you harbor the intent to become an Alaskan when you                                                              
arrived here (indisc.--noise) or were you really coming for                                                                     
vacation and then decided to stay.                                                                                              
                                                                                                                                
CHAIR JAMES asked what percentage of activity is on appeals.                                                                    
                                                                                                                                
Number 326                                                                                                                      
                                                                                                                                
NANCI JONES, Director, Permanent Fund Dividend Division, Department                                                             
of Revenue, replied (between review and appeal) approximately 16                                                                
staff members handle approximately 25,000 cases during the                                                                      
application period (March 31 through the next March - one year).                                                                
                                                                                                                                
Number 342                                                                                                                      
                                                                                                                                
HAROLD HOLTON, Representative, Seafarers International Union, came                                                              
before the committee and read the following testimony:                                                                          
                                                                                                                                
     I'd like it clear that I'm here on behalf of all merchant                                                                  
     seaman, who are denied their permanent fund dividend.  I was                                                               
     born in Ketchikan, raised in Ketchikan, Petersburg, and                                                                    
     Juneau, upon my completion of six years in the Marine Corps,                                                               
     I came back to Alaska and became a state trooper for a short                                                               
     period of time.  I was a salmon tender captain for 15 years,                                                               
     before becoming a union Representative.                                                                                    
                                                                                                                                
     The Seafarers opened an office in Anchorage, almost two years                                                              
     ago to the day.  Our objective is to recruit Alaskans to go to                                                             
     our unlicensed apprenticeship program in Piney Point,                                                                      
     Maryland, and give them an opportunity to obtain good paying                                                               
     jobs with good benefits when they complete the program.                                                                    
                                                                                                                                
     I first became alerted to the fact that merchant seaman                                                                    
     [seamen] were being denied their permanent fund, by a merchant                                                             
     seaman from a different union.  His name was Ross Perrine from                                                             
     Palmer, and he owns a home, has an Alaska driver's license,                                                                
     voter registration card, et cetera.  He's been denied the fund                                                             
     since the inception.  I went to one of our ships, and found                                                                
     that a boatswain on the Tote ship Northern Lights has also                                                                 
     experienced the same problems.  His name is John Glenn and he                                                              
     will be testifying this morning.                                                                                           
                                                                                                                                
Number 368                                                                                                                      
                                                                                                                                
     My recruiting effort has taken me around a lot of the state,                                                               
     and in my interviews with young people, I seem to have their                                                               
     interest in the program until the question of the permanent                                                                
     fund dividend comes up, then I am told they are no longer                                                                  
     interested.  I thought to myself, and have shared this view,                                                               
     if these people seemed awfully shortsighted, and until I                                                                   
     really thought about it, this is probably the only steady                                                                  
     money they have ever seen, and are reluctant to let it go                                                                  
     under any circumstance.                                                                                                    
                                                                                                                                
     These merchant seamen being denied do not have a choice when                                                               
     they sail, as to whether they can sail in Alaska or not.                                                                   
     Sailing is based on a seniority system, and believe it or not,                                                             
     our Alaska routes, are in high demand.  The ones that have the                                                             
     Alaska routes Ross and John are denied because they are not                                                                
     physically in state a minimum of 180 days.                                                                                 
                                                                                                                                
     All of our Alaskans that have been accepted to Piney Point                                                                 
     because they are Alaska residents.  I would hate to discourage                                                             
     good young people, (short sighted as they may be) from                                                                     
     enjoying such a career opportunity.                                                                                        
                                                                                                                                
     Right now we have 18 Alaskans who have graduated from Pitney                                                               
     Point, and we presently have two in school.  Besides the 18                                                                
     graduates, we have created a "riding maintenance" gang.  These                                                             
     merchant seamen go on oil tankers and do preventative                                                                      
     maintenance.  We hired 10 riding gang a year ago, and all have                                                             
     done an outstanding job.  When they have a year of sea time,                                                               
     they will be sent back to Piney Point and upgraded to                                                                      
     able-bodied seaman.  We will start training and working a new                                                              
     crew.  This crew averages $3,200.00 per month, with full                                                                   
     benefits.  Two of these merchant seamen have recently put                                                                  
     money down on homes in the Wasilla area.  They also will be                                                                
     denied their permanent fund dividend.                                                                                      
                                                                                                                                
Number 405                                                                                                                      
                                                                                                                                
     An article in the Anchorage news, last Monday the 12, did an                                                               
     article on our first native Alaskan.  This has generated such                                                              
     a positive response it is hard for me to keep up with it.  The                                                             
     first day it generated about 20 calls, and yesterday I                                                                     
     received 71 inquiries.  This has resulted in six tests being                                                               
     given yesterday, and six more scheduled on Friday, plus two in                                                             
     Soldotna, one in Anchor Point, two in Kodiak, two in                                                                       
     Ketchikan, and several from Willow.  These numbers are                                                                     
     candidates that are qualified.                                                                                             
                                                                                                                                
     In my estimation, we are not talking about any more than 200                                                               
     merchant seamen over a ten-year period although I hope for                                                                 
     many more than that.  This concludes my statement and I urge                                                               
     you to support HB 157.                                                                                                     
                                                                                                                                
Number 420                                                                                                                      
                                                                                                                                
CHAIR JAMES announced that the Senate State Affairs Standing                                                                    
Committee will be hearing the Senate's version of HB 157 this                                                                   
afternoon [SB 119 PFD ALLOWABLE ABSENCES].                                                                                      
                                                                                                                                
Number 433                                                                                                                      
                                                                                                                                
ROCKY LATTA, member, Seafarers Union, testified via teleconference                                                              
from Anchorage noting that his son Eden has struggled for a period                                                              
of time.  When Eden saw Congressman Young's letter on the merchant                                                              
marine program, it changed his life.  He said his son recently made                                                             
a down payment on a home in Girdwood and is looking forward to a                                                                
bright future with the International Seafarers Union.  Mr. Latta                                                                
said, while Representative Young is trying to start the fire, by                                                                
working toward building a viable merchant marine industry in                                                                    
Alaska, it seems the state is pouring water on this effort by                                                                   
negating the permanent fund [dividend].  He added that the merchant                                                             
seaman have high-paying jobs that offer opportunities for                                                                       
advancement.                                                                                                                    
                                                                                                                                
MR. LATTA stated, "I read ... the legislature is trying to push                                                                 
Alaska jobs for Alaskans and I think if we allow the permanent fund                                                             
[dividend] we're going to get more members in the union who live in                                                             
Alaska and they're going to spend their paychecks in Alaska.                                                                    
Currently most of the folks that are delivering goods to Alaska are                                                             
from the state of Washington, California and the East coast, they                                                               
do not spend their money here.  It just seems to me what's                                                                      
happening, and I like Harold [Holton] did 20 years in the United                                                                
States Marine Corps, reminds me when I was a young kid back at Camp                                                             
Pendleton, we use to go down to San Diego, and ... signs that used                                                              
to be on the door of establishments, 'No dogs or sailors allowed,'                                                              
and I kind of feel to some respect that's the way we're treating                                                                
our folks here that are merchant marines.  It appears to me to be                                                               
a double standard when you look at some of the other 13 groups of                                                               
people who are allowed to receive the permanent fund [dividend ].                                                               
Please do not treat Eden like a guest in this state, this is his                                                                
home, he lives here, he spends his money here."                                                                                 
                                                                                                                                
Number 480                                                                                                                      
                                                                                                                                
EDEN LATTA, member, Seafarers Union, testified via teleconference                                                               
from Anchorage.  He noted that he attended the training program in                                                              
Maryland and was recently upgraded to an able-bodied seaman.  He                                                                
said he was denied his permanent fund dividend because he spent 130                                                             
days outside the state (working on a ship) and feels like an                                                                    
outsider because the state is denying him the dividend.  Mr. Latta                                                              
noted that he has lived in Alaska for 10 years, he loves it here,                                                               
and can't imagine living anywhere else.                                                                                         
                                                                                                                                
MR. LATTA said he understands the military is eligible for                                                                      
permanent fund dividends unless they are sent overseas.  He                                                                     
mentioned that he has a Department of Defense identification card,                                                              
that the merchant mariners go through drills, they do everything                                                                
with the military, they even had the military riding with them.  In                                                             
addition, the merchant seamen are placed in danger (which is the                                                                
same as the military) when they go through the chemical biological                                                              
radiation defense drills every week.  He also mentioned that the                                                                
ship was damaged from mortar rounds in Somalia.  Therefore, he                                                                  
doesn't see where this is much different from the military.                                                                     
                                                                                                                                
Number 518                                                                                                                      
                                                                                                                                
JOHN GLENN, Seafarers Union, testified via teleconference from                                                                  
Anchorage in support of HB 157 noting he has been in Alaska since                                                               
1985.  He met the allowable absence when it was six months, but now                                                             
that it has gone up to eight months, it's hard for him to qualify.                                                              
When he's off the ship, he's in Alaska with his wife and                                                                        
grandchildren.  Mr. Glenn pointed out that he has been denied his                                                               
dividend since 1992 and has been appealing truthfully every year.                                                               
                                                                                                                                
MR. GLENN further stated that he has four months of home-time in                                                                
Alaska and is a permanent employee of Northern Lights which is                                                                  
operated by TOTE (Totem Ocean Trailer Express).  He also mentioned                                                              
that he has completed the appeals form with the required dates but                                                              
hasn't heard from the division.  Mr. Glenn stated, "Whenever I                                                                  
receive information from the Permanent Fund Dividend Division, it's                                                             
impossible for me to follow it.  I'm just like Eden because one                                                                 
time I answered the permanent fund people, I told them that this is                                                             
my home, this is where I hang my hat, and it's where I spend my                                                                 
money.  Even if I have a family over in Washington, I live here ...                                                             
and I think there's only a few of us up here.  I would say 90                                                                   
percent of the crew on the ships right now are from a different                                                                 
state.  But I don't see any difference between me and a wife of a                                                               
military person that's overseas - no time in Alaska and he doesn't                                                              
even spend the money up here.  I live here and I intend to stay                                                                 
here.  And we are also part of the military defense with the                                                                    
country ... because we do carry cargos to go to the Persian Gulf."                                                              
                                                                                                                                
Number 572                                                                                                                      
                                                                                                                                
KAREN BRAND, Vice President, Alaska State Chamber of Commerce,                                                                  
Anchorage, came before the committee.  She said the Alaska State                                                                
Chamber of Commerce fully supports HB 157.  She read a position                                                                 
statement that was adopted by the chamber last fall, "Efforts to                                                                
provide more opportunities for local hire and quality, professional                                                             
skill developments are hampered by the continued disqualification                                                               
of merchant mariners from getting their permanent fund dividend."                                                               
She said HB 157 gives the merchant mariners that opportunity and                                                                
inspiration to pursue a career as a merchant mariner.  Ms. Brand                                                                
emphasized that the permanent fund dividend would serve as an                                                                   
incentive for Alaskans to retain their residency in Alaska rather                                                               
than moving outside to start a career at sea.  She said it would                                                                
resolve the inequities for Alaskans who make their living employed                                                              
at sea (on the freighters and tankers) which service Alaska.                                                                    
                                                                                                                                
REPRESENTATIVE SMALLEY asked how many individuals would be impacted                                                             
by HB 157.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SANDERS replied that, in the next ten years, it                                                                  
should be less than 200.                                                                                                        
                                                                                                                                
EDDIE BURKE, Legislative Administrative Assistant to Representative                                                             
Sanders, added that there are currently 28 people in the system                                                                 
that would actually be impacted.                                                                                                
                                                                                                                                
Number 614                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked why aren't the spouses and dependents                                                               
included.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SANDERS said his understanding is that the spouses                                                               
and dependents stand on their own.                                                                                              
                                                                                                                                
CHAIR JAMES noted that the merchant mariners live in Alaska and                                                                 
have family here.                                                                                                               
                                                                                                                                
Number 635                                                                                                                      
                                                                                                                                
MR. HOLTON (Representing Seafarers International Union) stated,                                                                 
"The situation that we're creating, is we're creating resident                                                                  
Alaskans.  If indeed somebody is transferred to Seattle, they're                                                                
not resident Alaskans and they wouldn't come under our program.  We                                                             
want it very clear, if a resident is qualified they're qualified on                                                             
their own merit."  He reiterated that Ross Perrine's family has                                                                 
lived in Palmer for several years, they receive the permanent fund                                                              
dividend, however he is not qualified because he is outside too                                                                 
long.  Mr. Holton noted that John Glenn's route is only from                                                                    
Anchorage to Tacoma and goes nowhere else.  (He spends one day in                                                               
Tacoma loading the ship, the rest of his time he's on the sea                                                                   
headed to Alaska or Tacoma).  He indicated that there's a line                                                                  
there that Mr. Glenn crosses that he can't say that he's in Alaska                                                              
and that's where he gets into problems, and Ross Perrine is the                                                                 
same (delivering oil out of Valdez).                                                                                            
                                                                                                                                
REPRESENTATIVE WHITAKER said his concern is that we are creating a                                                              
differential between military families and the families of merchant                                                             
mariners.  He stated that it's a well-known law in the permanent                                                                
fund dispersement system that military families that come to                                                                    
Alaska, or are transferred out of Alaska, and "by golly," they                                                                  
remain Alaskans until they are out of the military because they                                                                 
have a cursory Alaskan residence.  The notion is correct that if                                                                
you have a family in Alaska, you're an Alaskan and if your job                                                                  
takes you out-of-state and you're coming back that's just fine.  He                                                             
noted that he will not hold HB 157.  However, it doesn't address,                                                               
and it's not the intent of this bill to address that other problem.                                                             
                                                                                                                                
Number 674                                                                                                                      
                                                                                                                                
CHAIR JAMES announced that the discussion on HB 157 will continue                                                               
after hearing testimony on HB 156.                                                                                              
                                                                                                                                
HB 156-PERMANENT FUND INVESTMENTS                                                                                               
                                                                                                                                
CHAIR JAMES announced HB 156, "An Act relating to investments by                                                                
the Alaska Permanent Fund Corporation; and providing for an                                                                     
effective date," is before the committee.                                                                                       
                                                                                                                                
Number 684                                                                                                                      
                                                                                                                                
ERIC WOHLFORTH, Chairman, Board of Trustees, Alaska Permanent Fund                                                              
Corporation, appeared before the committee, noting that the Board                                                               
of Directors, after close study and long preparation, approved HB
156.  He pointed out that HB 156 is necessary to modestly expand                                                                
the board's investment position so that they can, with a prudent                                                                
degree of risk, take advantage of market opportunities and increase                                                             
the permanent fund yield.                                                                                                       
                                                                                                                                
Number 699                                                                                                                      
                                                                                                                                
JIM KELLY, Director of Communications, Alaska Permanent Fund                                                                    
Corporation, testified that HB 156 modernizes the statute [AS                                                                   
37.13.120] because the world has changed since these statutes were                                                              
written (in 1980) and that the trustees need to be responsive in                                                                
managing the state's and the Alaskan's money to take advantage of                                                               
the opportunities that are there and to deal with the challenges                                                                
that they have.  He stated that, "The change we've asked for isn't                                                              
the moon, it's a conservative request, it continues the tradition                                                               
of the 'legal list.'  It would, however, give us the chance to add                                                              
some incremental value to our returns we think, and it would allow                                                              
us to better protect the portfolio.  I'd like to have you look at                                                               
the fund as we look at it, as the Board of Trustees and the staff,                                                              
and the managers, and we see it as a long-term institution.  And so                                                             
when we make decisions we try to make them with a very long                                                                     
horizon, not a two year, a four year, or a ten year, not even a                                                                 
20-year, but a generational type of horizon."                                                                                   
                                                                                                                                
MR. KELLY provided information which shows the rates of returns                                                                 
you'd get in the various asset classes over long periods of time.                                                               
[The report, "The Case for Increased Investment Flexibility: HB
156, APFC (Alaska Public Fund Corporation) Presentation to House                                                                
State Affairs, April 15, 1999," is available in the committee                                                                   
packet].  Following is his testimony:                                                                                           
                                                                                                                                
     You see that over the 70-year period, from 1925 to 1995, that                                                              
     your dollar would have turned into $13.00 if you had invested                                                              
     in the Treasury Bill.  That same dollar would have turned into                                                             
     $1,114.00 if had been in ... a S&P 500 company.                                                                            
                                                                                                                                
     The Next page shows that chart graphically and there's a big                                                               
     difference in the amount of money that compounds over time in                                                              
     those asset classes.  We've seen a bit of that in our own                                                                  
     limited 15-year life and, over this period of time that the                                                                
     fund has been in the stock market, your fund has earned almost                                                             
     18 percent which is about twice what we expected to make going                                                             
     forward in the stock market.  But that's an excellent return                                                               
     historically - and fixed income has been 10 percent to a fund                                                              
     about 12 percent over the last 15 years compounded.                                                                        
                                                                                                                                
     Long-term total returns, 15 years ended December 31, 1998                                                                  
                                                                                                                                
          Total Fund    Fixed Income    U.S. Stocks                                                                             
          12.16%        10.15%          17.69%                                                                                  
                                                                                                                                
          Non-U.S. Stocks         Real Estate                                                                                   
          10.54% (Last 5 yrs.)    8.67%                                                                                         
                                                                                                                                
Number 732                                                                                                                      
                                                                                                                                
     This bill is sort of the son of the daughter of a bill that                                                                
     was originally introduced by the trustees that by the LB&A                                                                 
     [Legislative Budget and Audit] Committee, at the request of                                                                
     the trustees two years ago, that bill asked for an allocation                                                              
     limitation relief.  We wanted to be able to invest up to 60                                                                
     percent of the fund in stocks instead of the 50 [percent] that                                                             
     we're limited with now.  And this is just to show you that                                                                 
     bill wasn't acted on in 1997, it was passed by the House in                                                                
     1998, and it didn't get any action in the Senate however.                                                                  
                                                                                                                                
     And just to show you what the impact of that non-action was                                                                
     [next page], in 1997 our stock portfolio earned 31 percent,                                                                
     our fixed income portfolio earned 9.52 [percent] in 1998 you                                                               
     can see that it was 23.62 verses 9.90.  And the third column                                                               
     there shows the difference.  So in other words, if we'd had                                                                
     the money in stocks instead of bonds, we could have earned 21                                                              
     percent more on each dollar.  And in 1998, 13.7 percent more,                                                              
     multiply that times the 10 percent of the fund that could have                                                             
     been invested in stocks, you end up with some pretty large                                                                 
     numbers, $324 million in 1997 left on the table, $444 million                                                              
     last year, three quarters of a billion dollars of money not in                                                             
     our pockets that could have been - that's the opportunity                                                                  
     (indisc.).  That wasn't acted on because people have a concern                                                             
     and a legitimate concern about risk, and when you go out there                                                             
     and you reach for higher return you have higher risk and there                                                             
     is an understanding of that at the Permanent Fund Corporation,                                                             
     but it's the job of the fund managers to try to manage that                                                                
     risk.                                                                                                                      
                                                                                                                                
     We know as - right now the board, when they leave at nine                                                                  
     o'clock, later today they're going to make the decision about                                                              
     the asset allocation for the fund for the next year.  They do                                                              
     that on the basis of their expectation about what they're                                                                  
     going to be able to earn in each one of the asset classes.                                                                 
     And if we've gone through this exercise this year with our                                                                 
     consultant Callan Associates, we see that we are expecting                                                                 
     over the next five-year period lower rates of return in all                                                                
     the asset classes and a higher range of variability.  Maybe                                                                
     they're going to be higher, maybe they're going to be lower,                                                               
     but it's more risk than there has been in the past and we                                                                  
     understand that.  But there's ways to deal with risks, and one                                                             
     of the ways to deal with risk is by looking at it from a                                                                   
     long-term horizon.  Now in a given year, over this 70-year                                                                 
     period that I referred to earlier, you might have a year where                                                             
     you made a 150 percent return in small company stocks, or you                                                              
     might have lost 80 percent of that value over that period of                                                               
     one year.  But then over a 5-year period you can see that the                                                              
     range is much less.  And what's really interesting - if you                                                                
     look over a 20-year period, and if you look at small stocks                                                                
     versus say corporate bonds, it actually turns out over a                                                                   
     20-year period, any 20-year period in this 70 years, there's                                                               
     actually more risk in being in corporate bonds than there was                                                              
     in stocks.  The worst case was better in stocks than it was in                                                             
     bonds.  But that's one way that deal with risk is by hanging                                                               
     with it for a long time and suffering through those bad years.                                                             
                                                                                                                                
     Now this bill doesn't address this one in particular, although                                                             
     it's a topic you'll hear about in other venues, that how we                                                                
     distribute - how you choose to distribute money from the fund                                                              
     for dividends or for any other purpose has an impact on the                                                                
     investment decision-making.  The trustees, for a long time,                                                                
     have been looking at a percent of market value distribution of                                                             
     income.  We call it "POMV" distribution, percent of market                                                                 
     value.  Right now we're paying a percent of income.  The                                                                   
     dividend is based on a 50 percent of realized income.  If you                                                              
     want the fund to be long-term, if you want to be able to                                                                   
     (indisc.) of the higher kinds of returns you can take                                                                      
     advantage of, you want to have the distribution parts of the                                                               
     scheme (indisc.) in-sink with your investment part.  A                                                                     
     Distribution based on market value does provide greater                                                                    
     stability, it's sort of the difference between the way the                                                                 
     chart looks one year and the way it looks on 20 years, you                                                                 
     really reduce the range of the possible outcome.  So we think                                                              
     we can manage the risk that way as well.                                                                                   
                                                                                                                                
Number 793                                                                                                                      
                                                                                                                                
     Then the next few charts [Projected PF Realized and Total                                                                  
     Rates of Return Based on the Fund's 1998 Asset Allocation and                                                              
     the 1999 Callan Capital Market Assumptions] are ... the $770                                                               
     million dollars is an opportunity cost over the last two                                                                   
     years.  If you look going forward - this is a chart that we                                                                
     use as we're developing our asset allocation plan for the                                                                  
     current year and it's a bunch of numbers, but the one                                                                      
     underlined in red says that we're putting 34 percent of your                                                               
     fund in stocks over the next year, that's the plan, and 14                                                                 
     percent in non-U.S. stocks, and 42 percent in bonds, 10                                                                    
     percent in real estate.  That will give us a 7.75 [percent] in                                                             
     the circle rate of return.                                                                                                 
                                                                                                                                
     The next page shows what if you kicked up the stocks 5                                                                     
     percent, which this bill, that's before you now would allow.                                                               
     That 7.75 [percent] return becomes 8.22 [percent], so that's                                                               
     47 basis points, that doesn't seem like much, but remember it.                                                             
                                                                                                                                
     The next one is ... if you allowed 10 percent, which this bill                                                             
     doesn't do, but if you chose to make that decision you would                                                               
     pick up another 47 bases points to 8.69 [percent].                                                                         
                                                                                                                                
Number 806                                                                                                                      
                                                                                                                                
     The next chart shows you what does that mean.  These are rows                                                              
     that I've taken off of our projection sheet - this is over a                                                               
     20-year period, so between now and 20-years from now, how much                                                             
     income would the fund have made.  Under the status quo, with                                                               
     a 50 percent ceiling, we would earn $66.8 billion.  If we were                                                             
     earning that extra 3.8 percent in stocks, on 5 percent of the                                                              
     portfolio, that would increase the income by $6.5 billion,                                                                 
     roughly $200 million a year.  And if we went to the 10                                                                     
     percent, it would go up to $80 billion, a $13 extra-billion                                                                
     over 20 years.  That's quite a bit of money.                                                                               
                                                                                                                                
     And lastly, there's a chart that you can look at any time you                                                              
     want to on our Web site [www.apfc.org] which is noticed on the                                                             
     bottom of the page there.  But it shows you where your fund is                                                             
     invested from day-to-day and it's over $26 billion as of                                                                   
     two-days ago.  But the important part about this chart is                                                                  
     that, if you look at the percentages invested in U.S. Equities                                                             
     and Non-U.S. Equities, we had just exceeded 50 percent, so                                                                 
     that means we're going to have to sell some stocks.  Take it                                                               
     out of the stocks and put it into bonds because that's what                                                                
     the law says.                                                                                                              
                                                                                                                                
     Daily Unaudited Position as of April 13, 1999                                                                              
                                                                                                                                
          Fixed Income        $10,752,900,00       41%                                                                          
          U.S. Equities         9,727,800,00       37%                                                                          
          Non-U.S. Equities     3,560,700,000      14%                                                                          
          Real Estate           2,035,100,000       8%                                                                          
          Alaskan CSs             190,000,000       1%                                                                          
                                                                                                                                
          TOTAL               $26,266,500,000     100%                                                                          
                                                                                                                                
     That is the big picture that I would like you to think about                                                               
     when you look at the exact changes that we've got before you.                                                              
     We do have the legal counsel who drafted the bill analysis,                                                                
     and between myself and he, I'm sure we can answer any                                                                      
     questions you have about the particulars of the bill, but we                                                               
     would very much urge you to support the bill to help us do a                                                               
     better job in managing your fund.                                                                                          
                                                                                                                                
Number 829                                                                                                                      
                                                                                                                                
CHAIR JAMES said the constitution makes it perfectly clear that the                                                             
income on the "permanent fund" is the "general fund," and is                                                                    
intended for appropriation.  She further stated, "And we keep                                                                   
saying that the permanent fund is $26 billion, the permanent fund                                                               
is only $19 billion, and the rest of it is in the earnings reserve,                                                             
which should be according to the constitution - general fund.  So,                                                              
you know when we keep telling the folks there's $26 billion, aren't                                                             
we being a little untruthful."                                                                                                  
                                                                                                                                
MR. KELLY replied no, the constitution says that all the income                                                                 
from the permanent fund shall be deposited in the general fund                                                                  
unless otherwise provided by law.  He further explained that the                                                                
lawmakers of 1982 provided that that income will be deposited                                                                   
within the permanent fund in the earnings reserve account, so $26                                                               
billion is in the permanent fund and none of that money is                                                                      
currently in the general fund; $7 million of that dollars are                                                                   
available for appropriation to the general fund, $19 billion is                                                                 
not, the principal cannot be appropriated.  He noted that's the                                                                 
difference.                                                                                                                     
                                                                                                                                
CHAIR JAMES added that many Alaskans believe that none of that                                                                  
money can be spent without their vote.  She asked Mr. Kelly to                                                                  
explain what is protected and what isn't in the permanent fund.                                                                 
                                                                                                                                
TAPE 99-24, SIDE B                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
MR. KELLY continued, "...It's on our Web site [www.apfc.org], it's                                                              
in our printed publications.  We made a presentation to Senate                                                                  
Finance Committee last week in relation to the development of a                                                                 
fiscal plan - that was the big point that we made.  I agree it's                                                                
something that people need to know and we'll be glad to say it                                                                  
every chance we get that the income of the permanent fund is                                                                    
available for appropriation by the legislature, that's the way it                                                               
was designed and that amount is everything that's is not principal,                                                             
and the principal is $19 billion."                                                                                              
                                                                                                                                
Number 053                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA indicated that she would like to offer an                                                               
amendment which simply allows the Alaska Permanent Fund Corporation                                                             
an extra 5 percent for that investment flexibility, so it would go                                                              
from 50 to 55 percent.  She mentioned the testimony about how the                                                               
previous years the board has sought to raise the ability to invest                                                              
on their stocks from 50 to 60 percent.                                                                                          
                                                                                                                                
MR. WOHLFORTH said, "As much as I'd like to say yes we'd welcome                                                                
the additional authority, I'm fearful of jeopardizing the                                                                       
opportunity of getting even the 5 percent that we've asked for.                                                                 
That's my apprehension."                                                                                                        
                                                                                                                                
CHAIR JAMES said that would be taken into consideration.  [Hearing                                                              
on HB 156 will continue after the consideration of HB 157].                                                                     
                                                                                                                                
HB 157-PFD ALLOWABLE ABSENCES                                                                                                   
                                                                                                                                
Number 115                                                                                                                      
                                                                                                                                
CHAIR JAMES called the committees attention back to HB 157,"An Act                                                              
relating to absences from the state while serving on oceangoing                                                                 
vessels of the United States merchant marine for purposes of                                                                    
eligibility for permanent fund dividends; and providing for an                                                                  
effective date."  She stated for the record:                                                                                    
                                                                                                                                
     First of all we keep finding ourselves boxed-in in making                                                                  
     decisions in the state of equity, and much of the time ... are                                                             
     based on something - other decision that we've made prior,                                                                 
     that maybe wasn't a good idea.  I believe I will vote to pass                                                              
     your bill out, I just want to put these things on the record                                                               
     and my concerns about this and it has to do with the                                                                       
     administration of the permanent fund dividend program and the                                                              
     problems that we have because of absences.  And we want to be                                                              
     sure, when we have a permanent fund dividend, that we include                                                              
     Alaskans, true Alaskans, Alaskan residents, but it's very                                                                  
     difficult to define what an Alaskan resident is.  And                                                                      
     certainly, if they qualify for an Alaska residence, and their                                                              
     family is here, and they live here, and they don't really live                                                             
     anywhere else, but they're working somewhere else - bringing                                                               
     in money from some place else to spend here in the state, I                                                                
     think we should feel pretty inclined to say, "Well that's                                                                  
     okay."  It's been a real problem trying to determine what                                                                  
     these valid absences are, and every year - we have another                                                                 
     bill coming up later in the meeting here which is the same                                                                 
     thing -- they're talking about people who are in private                                                                   
     industry, we've heard that bill before, because state                                                                      
     employees are allowed to be away for more than 180 days, but                                                               
     private sector employees are not, so that's an inequity.  So                                                               
     how do we fix it, do we say the state employees aren't                                                                     
     eligible either - and now we're level again?  Do we back down                                                              
     to get level, or do we continue to go forward to get level?                                                                
     I just wanted to make that comment for the record because it's                                                             
     a dilemma for me.  And in fact is, we ended up - as I recall                                                               
     the circumstances - I got a lot of telephone calls and letters                                                             
     and (indisc.--paper shuffling) from a lot of folks in this                                                                 
     state when we denied the Peace Corps folks and that happened                                                               
     in the Senate - or the other body last year, because we're                                                                 
     adding more folks in, and if you're going to add somebody in,                                                              
     we'll take somebody out.  I mean that business of just adding                                                              
     on more and more absences is a real problem.  I don't know                                                                 
     what the answer is, I just wanted to let you know it is a                                                                  
     concern of mine.                                                                                                           
                                                                                                                                
Number 183                                                                                                                      
                                                                                                                                
     And I wish it were that we could really define Alaska                                                                      
     residence better in a way so we didn't have this deadline, "If                                                             
     you're gone for more than 180 days, I'm sorry you're out,"                                                                 
     because the number of days doesn't tell us whether they're                                                                 
     Alaskan or not, it doesn't do it.  I share with Representative                                                             
     Whitaker's concern about the military, I have a huge                                                                       
     percentage of the people in my district are military, I'm not                                                              
     going to go out and try to make something that's going to make                                                             
     them mad, but on the other hand we know there are military                                                                 
     that come here and decide to be an Alaskan because of the                                                                  
     permanent fund dividend.                                                                                                   
                                                                                                                                
     Having said all those kinds of things, you have to take a                                                                  
     second thought as to whether or not the dividend program is                                                                
     really what we want for Alaska.  Whether or not people are                                                                 
     becoming Alaskans because of the dividend or not, and just                                                                 
     exactly how big a dividend we could have without causing that                                                              
     kind of ruckus.  You know we can have people move in with                                                                  
     seven or eight children and the size of the dividend of now is                                                             
     the real problem.  So, I don't have any answers, I only have                                                               
     concerns, and I don't have any positions either, I still only                                                              
     have concerns, but I wanted to put all those things on the                                                                 
     record - that the more we open this up, and 200 folks are not                                                              
     very many considering, and certainly they ought to be                                                                      
     entitled.  And I certainly will support their entitlement on                                                               
     this issue, but the whole thing has me very concerned about                                                                
     the future of Alaska and who our residents are, and why                                                                    
     they're here.  And those are very important issues to me and                                                               
     I take these things very seriously.                                                                                        
                                                                                                                                
Number 224                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON stated, "All I'm suggesting is that this is                                                               
the policy call that we have to make and while I'm sympathetic to                                                               
this particular group [merchant mariners], we have to know that                                                                 
there's a whole, whole bunch of others who maybe have lost their                                                                
job in Alaska, ... that's the policy call that we all have to make,                                                             
and so everybody knows right up front that that's what we're                                                                    
dealing with."                                                                                                                  
                                                                                                                                
CHAIR JAMES noted Representative Ogan's arrival.                                                                                
                                                                                                                                
Number 278                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON moved to report HB 157 out of committee with                                                              
individual recommendations and the accompanying fiscal notes.                                                                   
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
HB 156-PERMANENT FUND INVESTMENTS                                                                                               
                                                                                                                                
CHAIR JAMES called the committee's attention back to HB 156, "An                                                                
Act relating to investments by the Alaska Permanent Fund                                                                        
Corporation; and providing for an effective date."                                                                              
                                                                                                                                
Number 295                                                                                                                      
                                                                                                                                
TOM MAHER, Legislative Assistant to Representative Gail Phillips,                                                               
pointed out that the sponsor's statement outlines the Legislative                                                               
Budget and Audit (LB&A) Committee's oversight responsibilities for                                                              
investment and lending entities of the state.  He said HB 156 was                                                               
introduced at the request of LB&A and was presented to them on                                                                  
March 23, after a brief discussion and that it passed unanimously.                                                              
                                                                                                                                
REPRESENTATIVE OGAN said he doesn't understand HB 156.                                                                          
                                                                                                                                
CHAIR JAMES remarked that's probably because he wasn't here to hear                                                             
Jim Kelly's [Alaska Permanent Fund Corporation] presentation.                                                                   
                                                                                                                                
MR. MAHER explained that the corporation attempted to increase                                                                  
their asset class or stocks by (he believes) 10 percent last year                                                               
and that a lot of legislators were uncomfortable with that.  He                                                                 
said this legislation does a number of things: It gives them a 5                                                                
percent flexibility among all their asset classes, between equity,                                                              
bonds, and allows them, depending on market conditions to move that                                                             
around.  He stated, "They're the experts, quite frankly in this,                                                                
our committee felt very comfortable with giving them this 5 percent                                                             
rather than a 10 percent. ... We felt that this was a reasonable                                                                
action to take for the permanent fund.  We think it's very serious                                                              
when we make changes to any investment policies of the permanent                                                                
fund and hope that through the entire review, including the Finance                                                             
Committees, that we will all feel more comfortable with this.  The                                                              
details of how it all works, there's materials in the [committee]                                                               
packet ... our committee felt comfortable with these minor                                                                      
changes."                                                                                                                       
                                                                                                                                
MR. MAHER continued, "One other point, we've had a lot of talk, and                                                             
Mr. Kelly when he was here, they quite often speak in how this 5                                                                
percent would be applied to stocks and what the return would be had                                                             
we done that.  My understanding is that this 5 percent could be                                                                 
moved anywhere where they need it.  So perhaps it would be equities                                                             
at this time, perhaps at a later date it would be something else                                                                
that modernizes the way can react to market trends."                                                                            
                                                                                                                                
Number 381                                                                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA offered Amendment 1, page 6, line 20,                                                                   
delete "50", insert "55".  She pointed out that this would increase                                                             
the flexibility, so that if the board felt it prudent, they would                                                               
have another 5 percent.  Representative Kerttula stated, "They                                                                  
don't have to do this, but I think that they've shown an excellent                                                              
record of management and after talking with Mr. Kelly yesterday,                                                                
his figures are that if we had had something like this in place                                                                 
already, we would have had about another $300 million this year.                                                                
And if we look at it in the long-term perspective, as a corporation                                                             
does, this is just one more tool."                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA referred to the information that she                                                                    
provided noting that large corporations and universities invest                                                                 
typically from 55 to 65 percent of their assets in equity and are                                                               
currently using this kind of investing.  So, it really is just                                                                  
another tool and it is well within the range of the university                                                                  
endowments.  On a side note, the state PERS [Public Employees'                                                                  
Retirement System] ... doesn't have asset allocation limitations                                                                
and it's been doing well during the last few years.                                                                             
                                                                                                                                
REPRESENTATIVE KERTTULA noted that she has concerns as well.  After                                                             
talked with Mr. Kelly, what if the market (indisc.) and it's that                                                               
long-term perspective that they follow and this is just one other                                                               
tool that would allow them to have a little more flexibility - not                                                              
that they have to do it by any means, but it gives them that                                                                    
ability if necessary.                                                                                                           
                                                                                                                                
Number 417                                                                                                                      
                                                                                                                                
CHAIR JAMES asked Mr. Maher what Representative Phillips position                                                               
would be on this amendment.                                                                                                     
                                                                                                                                
MR. MAHER replied Representative Phillips preference is as HB 156                                                               
was presented to the committee.                                                                                                 
                                                                                                                                
CHAIR JAMES said she has a lot of faith in the Permanent Fund                                                                   
Corporation Board of Trustees and Callan Associates and is                                                                      
impressed with the financial wizard-ability and is willing to give                                                              
them this flexibility, however she doesn't want to do anything that                                                             
might kill the bill.                                                                                                            
                                                                                                                                
REPRESENTATIVE HUDSON noted that since it is permissive, he                                                                     
believes that we have to place our trust into the analysts because                                                              
they have the public's best interest in mind for the maintenance,                                                               
growth and stability of the fund.  In response to the question,                                                                 
will this kill the bill [HB 156], he said the Fiance Committee can                                                              
amend it from 10 percent back to 5 percent.                                                                                     
                                                                                                                                
CHAIR JAMES said one of the problems is that when the price of the                                                              
stock that they're holding goes up, sometimes the board has to sell                                                             
prematurely in order to keep under the cap.  This would give them                                                               
a little more flexibility to go up even though they're not capping                                                              
that as their goal of the 55 percent.  She said it makes sense to                                                               
give this flexibility.                                                                                                          
                                                                                                                                
Number 499                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER commented that the financial wizards are                                                                
wonderful to trust, and of course the permanent fund financial                                                                  
wizards have earned our trust and beyond that, we can trust the                                                                 
time trend dynamics that's associated with the equities market.  He                                                             
further stated that it is there, it is proven, and we've come                                                                   
through a terrible crash in the late 20's the early 30's and we                                                                 
still have tremendous growth.  It's that dynamics that he trusts,                                                               
so it's a move that the committee needs to take.                                                                                
                                                                                                                                
CHAIR JAMES agreed with Representative Whitaker's comments.                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA said that's exactly what Mr. Kelly was                                                                  
pointing out, that there was going to have to be some sales.                                                                    
                                                                                                                                
MR. MAHER mentioned a lot of the LB&A committee members are                                                                     
previous members, which did introduce the legislation taking the 10                                                             
percent out.                                                                                                                    
                                                                                                                                
CHAIR JAMES asked if there was an objection to the amendment.                                                                   
                                                                                                                                
Number 529                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL objected.  He said he believes the request                                                               
is reasonable and the other flexibility which goes into this more                                                               
than makes up for it.  He further stated, "The best (indisc.)                                                                   
nondomestic in carrying different properties that are                                                                           
non-developed, there's an expansion of that.  Before we go any                                                                  
further, I think that we need to let them exercise what's already                                                               
here and so I'd be really cautious on even going that further                                                                   
because we're now looking at a flexibility that allows ownership in                                                             
a greater degree and nondomestic entity that I'm not too sure where                                                             
that goes and I don't know what the limits of that are.  The other                                                              
thing is there's real estate that is non-developed being allowed in                                                             
this and those are pretty good expansions.  So I think the risk                                                                 
goes up plenty enough as it is, and I would just speak against it                                                               
for those reasons."                                                                                                             
                                                                                                                                
Upon a roll call vote, Representatives Hudson, Smalley, Kerttula,                                                               
Whitaker and James voted in favor of adopting the amendment and                                                                 
Representatives Ogan and Coghill voted against the amendment.                                                                   
Therefore, the amendment passed by a vote of 5-2.                                                                               
                                                                                                                                
CHAIR JAMES said she has faith in the Finance Committee.                                                                        
                                                                                                                                
Number 558                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON moved to report CSHB 156(STA) out of                                                                      
committee with individual recommendations and the accompanying                                                                  
fiscal note. There being no objection, it was so ordered.                                                                       
                                                                                                                                
HB 132-PERMANENT FUND ALLOWABLE ABSENCES                                                                                        
                                                                                                                                
Number 585                                                                                                                      
                                                                                                                                
CHAIR JAMES announced HB 132, "An Act relating to allowable                                                                     
absences from the state for purposes of eligibility for permanent                                                               
fund dividends; and providing for an effective date," is the next                                                               
item up.                                                                                                                        
                                                                                                                                
Number 592                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL moved to adopt CSHB 132, version H, Cook,                                                                
4/8/99, as the working document before the committee.  There being                                                              
no objection, it was so ordered.                                                                                                
                                                                                                                                
REPRESENTATIVE OGAN noted that the deputy commissioner of the                                                                   
Department of Administration, an assistant attorney general, and                                                                
the sponsor met with the subcommittee.  He stated, "After lengthy                                                               
discussion decided that, add the language there of domicile in the                                                              
state and then let the case law - that's pretty clear in the courts                                                             
- define what domicile is, which is a tighter description of                                                                    
residency.  If that would satisfy possible loopholes of people                                                                  
making false claims, 'Well, my employer make me work out-of-state                                                               
for awhile, it was beyond my control.' ... The thing that wasn't                                                                
resolved was, what do we do when somebody is self-employed, and so                                                              
if you're self-employed, or you're a principal in a corporation ...                                                             
there might be a loophole there where people could say, 'Well, gee                                                              
my boss made me work outside for awhile ... the person is on the                                                                
payroll but he's his own boss.  That's probably the only down-side                                                              
to this.  Then we ... removed the retroactivity clause in 1997 and                                                              
we also added, at Representative Smalley's request, to include                                                                  
Peace Corps."                                                                                                                   
                                                                                                                                
REPRESENTATIVE HUDSON asked why the retroactivity provision was                                                                 
removed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE OGAN said he believes the sponsor's constituent                                                                  
received a dividend for that particular year.                                                                                   
                                                                                                                                
CHAIR JAMES suggested asking Nanci Jones, Department of Revenue,                                                                
about that.                                                                                                                     
                                                                                                                                
Number 642                                                                                                                      
                                                                                                                                
REPRESENTATIVE WHITAKER expressed his frustration with HB 132.                                                                  
                                                                                                                                
CHAIR JAMES remarked that she, and other folks, share his                                                                       
frustration on this issue.                                                                                                      
                                                                                                                                
REPRESENTATIVE SMALLEY noted that HB 132 looks at those individuals                                                             
that are actually residents of the state, but because of their                                                                  
employment situation are out of the state.  He said, from a policy                                                              
standpoint, he feels comfortable with it.                                                                                       
                                                                                                                                
REPRESENTATIVE HUDSON said he has a concern with being "required"                                                               
to be outside the state of Alaska, because the department will have                                                             
to determine when somebody "has" to be outside.  He mentioned that                                                              
people want to know how they can become a resident of the state of                                                              
Alaska to be eligible for the dividend.                                                                                         
                                                                                                                                
REPRESENTATIVE OGAN commented that there is a danger of bills                                                                   
turning into Christmas trees.                                                                                                   
                                                                                                                                
CHAIR JAMES asked why the peace corps was put back in when it was                                                               
removed last year.                                                                                                              
                                                                                                                                
Number 698                                                                                                                      
                                                                                                                                
PETER TORKELSON, Researcher to Representative Cowdery, stated that,                                                             
"We've really tried to sidestep the military issue, although I                                                                  
understand that it's part of the larger policy question.  On the                                                                
Peace Corps, the original language in the bill (Representative                                                                  
Smalley noted) was such that it probably would have included                                                                    
members of the Peace Corps, but it was questionable.  And the AG's                                                              
[Attorney General's] office expressed their intent that if you're                                                               
going to include them just say so, let's avoid the legal hairball                                                               
of trying to decide afterwards what you really meant.  And that's                                                               
where the Peace Corps came from essentially, and with                                                                           
Representative Smalley's concerns the committee chose to move that                                                              
way."                                                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN said he told Representative Smalley that it                                                                 
would be included in the committee substitute that it will fly or                                                               
not fly based on the will of the committee.                                                                                     
                                                                                                                                
Number 718                                                                                                                      
                                                                                                                                
DEBORAH VOGT, Deputy Commissioner, Department of Revenue, noted                                                                 
that (in the context of the legislation [HB 157] which was earlier                                                              
considered with respect to the merchant marines) the way this                                                                   
legislation is now drafted [HB 132], a person in the merchant                                                                   
marines would probably qualify under this exemption.  The                                                                       
difference is that the spouse and family of the person would                                                                    
probably also qualify because the general allowable absence for                                                                 
accompanying a person who is on an allowable absence would apply to                                                             
a person who is out-of-state at the direction of his or her                                                                     
employer.  She said it's something the committee might want to                                                                  
think about real seriously.                                                                                                     
                                                                                                                                
MS. VOGT said, "As I have heard the justification for folks being                                                               
sent outside for employment purposes, it's always been in the                                                                   
context of people who really do maintain a home here, their family                                                              
is here, and so on, and they leave for a short period of time for                                                               
employment and then return, but their families don't move.  The way                                                             
this is currently drafted, we would be presented with the situation                                                             
of people who took their families with them and perhaps stayed for                                                              
a number of years - coming back to work in Alaska for the                                                                       
mandatory, I believe the bill does require that the person work in                                                              
Alaska for some part of the year, ... what I'm pointing out is that                                                             
this broadens considerably the pool of people that are going to be                                                              
asking to come within the exemption and it's going to be real hard                                                              
for us to find ... where to draw the line."                                                                                     
                                                                                                                                
CHAIR JAMES said she also sympathizes with that issue.  She then                                                                
referred to page 2, line 19, and asked Representative Ogan what are                                                             
the residency requirements and how do they differ from the                                                                      
domiciled.                                                                                                                      
                                                                                                                                
     in addition to satisfying the residency requirements, the                                                                  
     individual is domiciled in the state; and                                                                                  
                                                                                                                                
Number 756                                                                                                                      
                                                                                                                                
REPRESENTATIVE OGAN said he believes the residency requirements are                                                             
based on Title 1, which doesn't specifically mention anything about                                                             
domicile.  He indicated Legal [and Research Services Division]                                                                  
throws up red flags when the legislature starts talking about                                                                   
residency because it's usually litigated.                                                                                       
                                                                                                                                
CHAIR JAMES asked Representative Ogan to read Title 1.                                                                          
                                                                                                                                
REPRESENTATIVE OGAN read: Residency - a person who establishes                                                                  
residency in the state by being physically present in the state                                                                 
with intent to remain in the state indefinitely to make a home in                                                               
the state.  He said this is AS 10.055: A person demonstrates intent                                                             
under (a) of this section (that was (a) of the section) by                                                                      
maintaining principle place of abode in the state for at least 30                                                               
days or longer.  Or if a longer period is required by law or                                                                    
regulation and by providing proof of intent.  As may be required by                                                             
law or regulation which may include proof that the persons claiming                                                             
residency outside the state or obtaining benefits and (indisc.)                                                                 
claiming residency outside the state.                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN further noted that under Title 16, place of                                                                 
abode is basically a house, or was interpreted by the courts                                                                    
actually to be a mobile home.  He mentioned that Fish and Wildlife                                                              
Protection had a hard time convicting people who have mobile homes                                                              
parked year-round in the state because they were maintaining a                                                                  
Title 16 residency to obtain lowcost hunting and fishing licenses                                                               
and free hunting tags.  He emphasized that domicile is a much                                                                   
higher standard.  Representative Ogan continued, "We had originally                                                             
attempted to put some of the descriptions of domicile into the                                                                  
statute and - that was a request we - the case law is very clear                                                                
and well established on what domicile is and we felt that all we                                                                
had to do is just mention domicile as a higher standard and I can                                                               
explain the differences if you'd like."                                                                                         
                                                                                                                                
Number 795                                                                                                                      
                                                                                                                                
CHAIR JAMES said she has a problem with the word "intent," because                                                              
she doesn't know how a person's intent can be measured.                                                                         
                                                                                                                                
REPRESENTATIVE OGAN read [Black's Law Dictionary], "A domicile is                                                               
a person's legal home, that place where a man, or woman I assume,                                                               
has his true fixed and permanent home and principal establishment                                                               
into which whenever he is absent he has the intention of                                                                        
returning," that's a case law Smith vs. Smith.                                                                                  
                                                                                                                                
CHAIR JAMES said that, unless you're in the military, that you're                                                               
required by law to go where you're told.  She asked how required do                                                             
they have to be, is it just being asked to go, and if you don't go                                                              
you lose your job, how do we measure required?                                                                                  
                                                                                                                                
Number 816                                                                                                                      
                                                                                                                                
MR. TORKELSON replied, "I believe the draft is fairly clear that as                                                             
the condition of employment - which would mean at the threat of                                                                 
losing your job, which isn't maybe like the military but it                                                                     
certainly could be a pretty coercive situation for some people."                                                                
                                                                                                                                
MR. TORKELSON said a representative from the Department of Revenue                                                              
said perhaps the whole family could go out and stay for a number of                                                             
years and come back for certain periods of time.  He stated, "I                                                                 
suppose well that's possible.  The intent of the subcommittee was                                                               
that with domicile it would be a pretty tough standard to show.                                                                 
You've got your whole family out there, your kids are going to                                                                  
school in another school, or not going to school at all. ... That                                                               
you're really domiciled here, I think that's the point that                                                                     
domicile does - a true and permanent home and it includes a number                                                              
of things you can show including the existing regulatory definition                                                             
that defines it as - one of the evidence for domicile - is where                                                                
you store your household goods.  So, I'm not sure that it would be                                                              
quite as broad as is (indisc.--fading)."                                                                                        
                                                                                                                                
Number 820                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON mentioned he has seen so many different                                                                   
descriptions by statutes of residency.  For a student loan it takes                                                             
so many years, he believes for a fishery's loan it takes two years,                                                             
to vote it only takes 30 days and shows an intent.  He emphasized                                                               
that the state had a large lawsuit with the employees of the Alaska                                                             
Marine Highways System where they were claiming that they were                                                                  
being disenfranchised because they were sailing on the system and                                                               
they chose to live in Seattle, the policy is pretty clear.  He                                                                  
said, "I think the policy is whether or not we want to make that                                                                
first leap - which is going beyond the required absences outside                                                                
the state of Alaska.  I don't know how you'd be able to determine                                                               
- for example if the guy was a contractor..."                                                                                   
                                                                                                                                
TAPE 99-25, SIDE A                                                                                                              
                                                                                                                                
Number 001                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON continued, "Add ornaments on this Christmas                                                               
tree."                                                                                                                          
                                                                                                                                
MR. TORKELSON noted that the question has come up in the context of                                                             
the bill previously heard [HB 157].  He said he would like to make                                                              
a distinction.  In that policy call a select class of employees                                                                 
were chosen and given, if that bill passes, were giving that                                                                    
entitlement to select classes.  He said, "This does not distinguish                                                             
among different classes of employees, we recognize that all                                                                     
employment is equally valuable to the state.  The money that you                                                                
bring in whether you're the other type of employee or contractor,                                                               
is just as valuable.  So from a policy perspective I'm not sure                                                                 
that perhaps leaps have to be made."                                                                                            
                                                                                                                                
REPRESENTATIVE HUDSON asked if the previous discussion would fall                                                               
into the same category.                                                                                                         
                                                                                                                                
CHAIR JAMES added, overlapping.                                                                                                 
                                                                                                                                
REPRESENTATIVE HUDSON noted that it will absorb them as well so, if                                                             
you had this you wouldn't need that and you would expand it to...                                                               
                                                                                                                                
CHAIR JAMES remarked, but if you have this [HB 132] you also                                                                    
include their family.                                                                                                           
                                                                                                                                
CHAIR JAMES further noted that their family has to stand on their                                                               
own and in HB 132 they still have to come back to the state                                                                     
(indisc.--simult. speech) every year.  Every year they have to work                                                             
in the state of Alaska for part of the qualifying year.  She said                                                               
that might exclude some of the merchant mariners, but if they're                                                                
sailing out of the state they would return to Alaska every year for                                                             
a certain extent.  Chair James said, "It [HB 132] does say that                                                                 
they have to be domiciled in the state, that might protect them                                                                 
from taking their family and leaving their family somewhere else."                                                              
                                                                                                                                
Number 064                                                                                                                      
                                                                                                                                
MS. VOGT stated, "In the merchant marine legislation which was                                                                  
considered [HB 157] was specifically drafted to address the issue                                                               
of the spouses and the dependents.  In the allowable absences,                                                                  
currently listed as number 12 in the statute, which is accompanying                                                             
another eligible resident who is absent for a reason permitted                                                                  
under the subsection as the spouse, minor dependent, or disabled                                                                
dependent of the eligible resident, that's the allowable absence                                                                
(that we have now) that applies to every other allowable absence."                                                              
                                                                                                                                
MS. VOGT continued, "In the merchant marine statutes that we                                                                    
considered this morning, the language was inserted to say that                                                                  
accompanying eligibility only went for reasons' 1-3 and 5-12,                                                                   
leaving out reason number 4, which was the merchant marine.  And so                                                             
I would say if this legislation [HB 132] that we're now considering                                                             
also passed, which does not exclude that allowable absence for                                                                  
spouses, we would have to say that it was intended that spouses be                                                              
included.  And so if a person went, for example for a construction                                                              
contract, outside for eight months ... and took the family with him                                                             
or her, then that family would qualify under the way this is                                                                    
currently drafted."                                                                                                             
                                                                                                                                
CHAIR JAMES said, if that's the case, if you take your family                                                                   
along, then the family would be excused as well.                                                                                
                                                                                                                                
MS. VOGT replied right.                                                                                                         
                                                                                                                                
Number 116                                                                                                                      
                                                                                                                                
CHAIR JAMES asked if the family can stay out during that period of                                                              
time.                                                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN said he assumed that the individual maintains                                                               
the domicile in the state and that this exemption only applies to                                                               
the individual, it's not a condition of the family's employment to                                                              
live there, it's an option for them to go and wouldn't qualify.                                                                 
                                                                                                                                
MS. VOGT pointed out that the department would have a difficult                                                                 
time because the separate allowable absence for the spouse or                                                                   
dependent of a person who is on an allowable absence would appear                                                               
to cover that spouse.  She explained that the allowable absence                                                                 
that HB 132 is talking about is the employee, but the other                                                                     
allowable absence, currently number 12, is toward the spouse of a                                                               
person who is an allowable absence.  She said she believes that                                                                 
person would qualify as an eligible spouse even though they weren't                                                             
required to leave the state.                                                                                                    
                                                                                                                                
     (12) for employment if in addition to satisfying the residency                                                             
     requirements, the individual is domiciled in the state; and                                                                
     the employer certifies in writing that the absence was a                                                                   
     condition of the employment and that the individual was                                                                    
     required to work in the state for part of the qualifying year;                                                             
                                                                                                                                
Number 182                                                                                                                      
                                                                                                                                
REPRESENTATIVE COWDERY said he doesn't have a problem with having                                                               
every individual, whether it's family, provide the same proof as                                                                
the individual who has the job if that would help matters.                                                                      
                                                                                                                                
Number 199                                                                                                                      
                                                                                                                                
NANCI JONES, Director, Permanent Fund Dividend Division, Department                                                             
of Revenue, explained that the law currently states that in this                                                                
situation, if HB 132 were to pass, then the person's family would                                                               
only be obligated to come back every two years for 72 hours.  The                                                               
individual who's trying to qualify under this employment has the                                                                
obligation to come back in the state and work part of that time in                                                              
the state.  She mentioned that person can go back and forth, and                                                                
the family could remain out there which is one of the problems.                                                                 
                                                                                                                                
CHAIR JAMES said the individual must be domiciled in the state,                                                                 
does that change that at all.                                                                                                   
                                                                                                                                
MS. JONES responded that the division has a slight difficulty with                                                              
the domicile competing with the definition of residency - that you                                                              
have this kind of higher order.  She noted that it is still based                                                               
on intent - domicile is saying that you have a higher intent that                                                               
you show means that you actually have a house in Alaska, and                                                                    
residency - you're saying the same thing.  Ms. Jones said it is a                                                               
fuzzy line that the division will have to deal with if this                                                                     
legislation passes.                                                                                                             
                                                                                                                                
Number 226                                                                                                                      
                                                                                                                                
MS. VOGT agreed that domicile in the common law has a stricter                                                                  
meaning than residency.  She said, "The issue that we discussed in                                                              
the subcommittee is that for permanent fund dividend purposes we                                                                
use a lot of the attributes of domicile to determine PFD (permanent                                                             
fund dividend) residency.  There may still be a slight shading of                                                               
difference - a person can only have one domicile, a person can have                                                             
more than one residence.  And certainly under, even Title 1 in the                                                              
PFD, we require the principle place of abode to be Alaska, but they                                                             
get fuzzy when a person is in the military or a student for a                                                                   
number of years and they really don't maintain a physical home in                                                               
Alaska but they are still qualified.  It adds something to add the                                                              
word domicile, but it's still going to be a difficult question of                                                               
proof to determine if a family goes outside for a number of years                                                               
and still owns a home in Anchorage, they rent it out on a long-term                                                             
lease, I don't know how we're going to decide that kind of a case."                                                             
                                                                                                                                
Number 256                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL said he attended some of the subcommittee                                                                
meetings.  Part of the inequity, as he understands it, started with                                                             
the State of Alaska having the ability to have employees out of the                                                             
state for a period of time [page 2, line 15, (10)].  He said he                                                                 
believes there is a problem and that we can certify a state                                                                     
employee a lot easier that we can almost any other kind for state                                                               
purposes, but for these purposes.                                                                                               
                                                                                                                                
     serving as an employee of the state in a field office or other                                                             
     location;                                                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL continued, "There are several things in this                                                             
that trouble me.  One of them is that we end up having to become                                                                
discerners of intent and that's bad policy.  It's almost like when                                                              
somebody brings a bill before a committee and we question their                                                                 
motives, and really that's what we're putting in statute saying we                                                              
are reserving the right to judge your intentions and then there are                                                             
certain proving factors to that intention.  I find that kind of                                                                 
troublesome because I am one that doesn't like the state doing                                                                  
that.  I'd rather have a nice clear line that says if you're out of                                                             
the state 180 days you don't get it.  And, even though I've got a                                                               
military base right in the middle of my district, I also have                                                                   
trouble with the military exemption."                                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL emphasized that either you should be here or                                                             
you shouldn't be here.  However, he has the dilemma of if they are                                                              
fellow Alaskans, he doesn't want to just cut them off.  He further                                                              
stated, "That's the problem that we've got ourselves into here and                                                              
I'm, for one, really reluctant to pass this bill out [HB 132] and                                                               
I let the other one go [HB 157] without comment, but my point was                                                               
made when that precedent of letting that bill out started this one,                                                             
and we'll probably have 20 more that come up.  And I think, like                                                                
the peace corps, it was taken out for a good reason, they're just                                                               
not here, you know.  And I think we're going to have to now be a                                                                
discerner if an employer is telling the truth or not when he                                                                    
certifies, and that could be a cause of litigation ... was that a                                                               
bogus certification, and now they become open to a civil liability                                                              
- all for a dividend check.  And so I'm really cautious, I really                                                               
want to see equity, but my thinking would be to take this section                                                               
out and take section 10 out and go home.  I just had to put that on                                                             
the record that I'm really having a struggle with the precedent of                                                              
what we're saying here and I think Mr. Hudson made a really good                                                                
point in what we're doing is we're shifting the whole philosophy                                                                
and so, at this point I am really reluctant to move this."                                                                      
                                                                                                                                
Number 338                                                                                                                      
                                                                                                                                
MS. VOGT said she would like to address a couple of issues and one                                                              
of them is the issue of intent for the requirements that the                                                                    
employers certify that, under the conditions of employment, that                                                                
the individual be outside.  The question is going to arise, "But                                                                
did you have to have that job."  Certainly volunteering to join the                                                             
military is a voluntary act and once you're in the military your                                                                
desires are no longer your own.  She said the peace corps really                                                                
focuses on this issue because there was discussion about whether                                                                
the peace corps would come under this exemption because once you're                                                             
in the peace corps, which is a voluntary choice, then the peace                                                                 
corps tells you where you go.  Some members of the committee [HB
132 subcommittee] said, "Well, but that's a voluntary choice to go                                                              
volunteer in the peace corps," others said, "But the peace corps                                                                
tells you where you go," and for that reason the language was added                                                             
so that there's no question.  Ms. Vogt said, "But you can see the                                                               
dilemma that it raises for us, then what do we do with Americorps                                                               
or VISTA [Volunteers in Service to America] once you've made the                                                                
choice to volunteer - you're assigned where you're assigned.  And                                                               
so it's that kind of issue that is going to come up."                                                                           
                                                                                                                                
MS. VOGT stated that, "The other point I wanted to make about the                                                               
peace corps was the reason that it was removed from the allowable                                                               
absence lists last year was really largely because folks focused it                                                             
on the inequities that it raises - that it came about with a                                                                    
suggestion to add volunteering for FEMA [Federal Emergency                                                                      
Management Agency] to the list because we pay volunteers, we pay                                                                
VISTA, then folks recognize that, well we don't pay most                                                                        
volunteers, we don't pay VISTA, we don't Americorps, we don't                                                                   
volunteering for religious organizations for doctors without                                                                    
(indisc.).  All the other kinds really laudatory reasons that                                                                   
Alaskans leave the state, and so it was decided then that it was                                                                
more fair not to pay the peace corps then to try to find a line                                                                 
between what kinds of volunteering service we would choose to pay                                                               
and what we wouldn't pay."                                                                                                      
                                                                                                                                
CHAIR JAMES said she understands the dilemma.                                                                                   
                                                                                                                                
Number 397                                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON asked for a list of positions (for employees                                                              
which are receiving the permanent fund dividend) outside the state.                                                             
                                                                                                                                
MS. VOGT pointed out that the folks who are on sabbatical from the                                                              
university system should be treated as employees of the state since                                                             
they are still employed by the university.  She noted that they                                                                 
used to be paid under another allowable absence which was in                                                                    
regulation.  Ms. Vogt said, since that wasn't incorporated into the                                                             
statute last year (that people on sabbatical would no longer be                                                                 
paid) then the area was raised that they are employees of the                                                                   
state, so that's one category that comes within that definition.                                                                
                                                                                                                                
REPRESENTATIVE HUDSON asked if sabbaticals are required or are they                                                             
by choice.                                                                                                                      
                                                                                                                                
MS. VOGT said she believes sabbaticals are by choice                                                                            
(indisc.--simult. speech).                                                                                                      
                                                                                                                                
REPRESENTATIVE HUDSON remarked that you apply for it.                                                                           
                                                                                                                                
CHAIR JAMES commented, "Take a year off."                                                                                       
                                                                                                                                
MS. VOGT noted the point is that they are continually paid because                                                              
they are still employed.                                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL recommended that HB 132 be held because he                                                               
believes it needs to be amended.                                                                                                
                                                                                                                                
[HB 132 was held for further consideration].                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 460                                                                                                                      
                                                                                                                                
There being no further business before the committee, the House                                                                 
State Affairs Standing Committee meeting adjourned at 10:00 a.m.                                                                

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