Legislature(2011 - 2012)CAPITOL 106
03/31/2011 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB180 | |
| HB178 | |
| HB190 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 180 | TELECONFERENCED | |
| *+ | HB 190 | TELECONFERENCED | |
| + | HB 178 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 31, 2011
8:10 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Paul Seaton
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
Representative Wes Keller, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 180
"An Act authorizing the Department of Administration to note a
person's status as a veteran on the person's driver's license
and to provide certain information to the Department of Military
and Veterans' Affairs."
- MOVED CSHB 180(STA) OUT OF COMMITTEE
HOUSE BILL NO. 178
"An Act relating to election practices and procedures; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 190
"An Act relating to the allowable absence for active duty
service members of the armed forces for purposes of permanent
fund dividend eligibility."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 180
SHORT TITLE: VETERAN DESIGNATION ON DRIVER'S LICENSE
SPONSOR(s): REPRESENTATIVE(s) SADDLER
03/09/11 (H) READ THE FIRST TIME - REFERRALS
03/09/11 (H) MLV, STA
03/17/11 (H) MLV AT 1:00 PM CAPITOL 120
03/17/11 (H) Moved CSHB 180(MLV) Out of Committee
03/17/11 (H) MINUTE(MLV)
03/18/11 (H) MLV RPT CS(MLV) NT 5DP 1DNP
03/18/11 (H) DP: LYNN, GATTO, MILLER, SADDLER,
THOMPSON
03/18/11 (H) DNP: AUSTERMAN
03/18/11 (H) FIN REFERRAL ADDED AFTER STA
03/31/11 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 178
SHORT TITLE: ELECTION PROCEDURES
SPONSOR(s): REPRESENTATIVE(s) THOMAS
03/07/11 (H) READ THE FIRST TIME - REFERRALS
03/07/11 (H) CRA, STA
03/15/11 (H) CRA AT 8:00 AM BARNES 124
03/15/11 (H) Heard & Held
03/15/11 (H) MINUTE(CRA)
03/29/11 (H) CRA AT 8:00 AM BARNES 124
03/29/11 (H) Moved CSHB 178(CRA) Out of Committee
03/29/11 (H) MINUTE(CRA)
03/30/11 (H) CRA RPT CS(CRA) 5DP
03/30/11 (H) DP: AUSTERMAN, DICK, SADDLER, FOSTER,
MUNOZ
03/30/11 (H) FIN REFERRAL ADDED AFTER STA
03/31/11 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 190
SHORT TITLE: PFD ALLOWABLE ABSENCE: MILITARY
SPONSOR(s): REPRESENTATIVE(s) FEIGE
03/11/11 (H) READ THE FIRST TIME - REFERRALS
03/11/11 (H) STA, FIN
03/31/11 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE DAN SADDLER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, presented HB 180.
WHITNEY BREWSTER, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
180.
RON SIEBELS, Commander
Region III
Military Order of the Purple Heart (MOPH)
No address provided
POSITION STATEMENT: Testified in support of HB 180.
JIM SASSLER (ph)
Member
Veterans of Foreign Wars (VFW)
No address provided
POSITION STATEMENT: Testified during the hearing on HB 180.
BOB MYLES, Commander
Veteran Foreign Wars (VFW)
No address provided
POSITION STATEMENT: Testified in support of HB 180.
JOE FIELDS, Chair
Alaska Veterans Advisory Council (AVAC)
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 180.
VERDIE BOWEN, Director of Veterans Affairs
Office of Veteran Affairs
Department of Military & Veterans Affairs
Ft. Richardson, Alaska
POSITION STATEMENT: Provided information during the hearing on
HB 180.
RIC DAVIDGE
Alaska Veterans Foundation;
Vietnam Veterans of America
Anchorage, Alaska
POSITION STATEMENT: Outlined a further benefit of HB 180.
CECILE ELLIOT, Staff
Representative Bill Thomas
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 178 on behalf of
Representative Thomas, sponsor.
GAIL FENUMIAI, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
178.
ALPHEUS BULLARD, Attorney
Division of Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
178.
REPRESENTATIVE ERIC FEIGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced HB 190.
TIKO CROFOOT, Lieutenant Commander
U.S. Navy
No address provided
POSITION STATEMENT: Testified during the hearing on HB 190.
BRIAN ROSS, Lieutenant Colonel
U.S. Marine Corp
No address provided
POSITION STATEMENT: Testified in support of HB 190.
ACTION NARRATIVE
8:10:15 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:10 a.m. Representatives Seaton, Wilson,
Johansen, Petersen, Gruenberg, and Lynn were present at the call
to order.
HB 180-VETERAN DESIGNATION ON DRIVER'S LICENSE
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 180, "An Act authorizing the Department of
Administration to note a person's status as a veteran on the
person's driver's license and to provide certain information to
the Department of Military and Veterans' Affairs."
[Before the committee was CSHB 180(MLV).]
8:10:58 AM
REPRESENTATIVE DAN SADDLER, Alaska State Legislature, as
sponsor, presented HB 180. He paraphrased the sponsor
statement, which read as follows [original punctuation
provided]:
House Bill 180 seeks to help Alaska veterans receive
more of the benefits they have earned through their
sacrifice and service in uniform, and to which they
are entitled by law and custom. It would allow the
Division of Motor Vehicles (DMV) to add information to
state drivers' licenses or identification cards
signifying the holder's status as a veteran, and would
allow DMV to share that information with the state's
veterans benefit office.
Alaska is among the most veteran-friendly states in
the Union. Many businesses and organizations
demonstrate their appreciation by offering various
discounts, preferences and other benefits to bona fide
veterans. However, veterans must usually prove they
qualify by presenting certified copies of their
discharge documents - the DD-214, DD-215, or NGB-22
forms, exposing these critical documents to wear,
damage or loss.
By giving veterans a way to carry reliable and
convenient proof of their status on state-issued
cards, this bill would help them more easily enjoy the
full range of personal, business and social benefits
offered to them by a grateful state.
HB 180 could also help relieve the situation in which
tens of thousands of Alaska veterans may be missing
out on significant government benefits, because they
have no contact with the state's Office of Veterans
Affairs. The bill would allow the DMV to provide the
names and addresses of those who are issued veteran-
designated driver's licenses or ID cards to the state
veterans' office. That office could then reach out to
make more veterans aware of programs available to
them, and to help them receive any benefits owed to
them.
I respectfully request your support for House Bill
180.
Thank you.
8:12:48 AM
REPRESENTATIVE SADDLER, in response to Representative Johansen,
said he does not know why one of the members of the House
Special Committee on Military and Veterans' Affairs voted HB 180
out with a "do not pass," and he said there was no specific
issue raised during the meeting.
8:14:18 AM
REPRESENTATIVE P. WILSON said she is torn on this issue, because
on one hand this could be a way to "help more people find more
free things," while on the other hand, the bill could aid those
in need to receive help expeditiously. She related that her
brother, a veteran, died of cancer at the age of 52, and he may
have lived longer if he had been aware of the help available to
him.
8:16:10 AM
REPRESENTATIVE SEATON asked if the programs offered by
businesses to veterans are also offered to those active in the
military.
REPRESENTATIVE SADDLER offered his understanding that most of
those programs are offered solely to veterans. He said most
active military personnel hold identification ("ID") cards
issued to them by the U.S. Department of Defense. He indicated
that approximately 60 percent of regional and national chains
offer some kind of discount to those in the military, as do many
independent businesses in Alaska. In response to a follow-up
question, he confirmed that the active military personnel would
not need to have any specification made on a driver's license,
because they can access the special discounts with their
military IDs.
8:17:35 AM
REPRESENTATIVE SADDLER, in response to Representative Petersen,
said there would be no additional fee for the veteran's
designation on the driver's license; however, "the same standard
$15 ... the DMV charges for a replacement card will be charged."
8:18:10 AM
REPRESENTATIVE SADDLER, in response to Representative Gruenberg,
said that the original bill focused on just driver's licenses,
while the version before the committee, which was passed out of
the House Special Committee on Military and Veterans' Affairs,
added state ID cards.
REPRESENTATIVE GRUENBERG directed attention to a sentence on
page 1, lines 9-10, repeated on page 2, lines 5-6, which read:
"The department may not charge a fee solely for the
designation." He questioned why the word "solely" had been
added.
REPRESENTATIVE SADDLER responded that the word "solely" was
added to avoid confusion. He explained that he did not want
people to think that the driver's license for veterans would be
free of charge.
REPRESENTATIVE GRUENBERG, regarding privacy, ventured that some
veterans may not wish to have their information put into a
database. He suggested that "unless the veteran objects" could
be added to [page 1], line 13.
REPRESENTATIVE SADDLER said he would not be adverse to that
amendment.
8:21:53 AM
REPRESENTATIVE GRUENBERG questioned whether the information
forwarded to the department would become public.
8:22:29 AM
REPRESENTATIVE P. WILSON pointed out that the designation would
not appear on the driver's license or state ID unless requested
by the veteran, and she ventured that a veteran who wants to
"keep that quiet" would not [take the steps to have the
designation made].
CHAIR LYNN concurred.
8:23:09 AM
REPRESENTATIVE SADDLER, in response to Representative Johansen,
said he had not considered making this free to veterans, because
they are citizens and there is a fee for the renewal of a
driver's license.
REPRESENTATIVE JOHANSEN asked the bill sponsor to consider
making the process free for veterans, or at least set a rate
that is "at cost." He explained that he does not want the DMV
to be making money off of this process.
8:26:15 AM
REPRESENTATIVE P. WILSON said any money the DMV makes goes into
the state's General Fund, and the legislature controls the
budget of the division.
8:27:23 AM
REPRESENTATIVE PETERSEN questioned the estimate in the fiscal
note that 50 percent of veterans would opt for the designator in
the first 12 months that it would be available.
REPRESENTATIVE SADDLER deferred to the director of the DMV.
8:28:14 AM
REPRESENTATIVE GRUENBERG noted that the second reason listed as
to why the 3/25/11 fiscal note differs from the previous version
is that it reduced the estimated percentage of qualifying
veterans who may opt for the designation from 75 percent to 50
percent. He asked the bill sponsor if any effort would be made
to educate veterans so that they know about the license
designation.
REPRESENTATIVE SADDLER said that was not in the plans, but
ventured that the Department of Military & Veterans Affairs
would do some outreach.
8:29:45 AM
WHITNEY BREWSTER, Director, Division of Motor Vehicles,
Department of Administration, in response to Representative
Petersen's previous query regarding the estimated 50 percent,
said that number was based on feedback from veterans received by
the division. She said the number could be adjusted. She
confirmed Representative Wilson was right in saying that fees
collected by the DMV go directly to the General Fund. She said
it would not have a significant impact on the DMV if it did not
collect fees from veterans.
8:31:38 AM
MS. BREWSTER, in response to Representative Gruenberg, said the
effective date of March 1 was chosen by the bill sponsor at the
request of the DMV. She explained that the division's
information technology (IT) staff has federal requirement
deadlines in January of 2012, and the extra time was needed to
allow IT to first meet those deadlines. In response to another
question, she ventured that the DMV would issue media
announcements, as well as offer information on its web site
regarding the designation for veterans. She indicated that if
further information is necessary, she would depend upon the
experts in the field to address the veteran community. She
expressed her willingness to entertain any ideas from the
legislature on this matter. In response to Chair Lynn, she said
the DMV could ask each customer who comes in if he/she is a
veteran, and to do so would not require a change to statute.
8:35:35 AM
REPRESENTATIVE GRUENBERG suggested one way for the DMV to get
the word out to veterans would be to notify people via mail and
internet.
MS. BREWSTER agreed that the DMV could do that at minimal to no
cost.
8:37:55 AM
REPRESENTATIVE SADDLER expressed appreciation for Representative
Gruenberg's suggestions.
8:38:37 AM
MS. BREWSTER, in response to Representative Seaton, said she
anticipates the way in which veterans would be able to show
their status on a form is by checking a box on the form, and a
clerk would enter that information into the DMV's system.
8:40:33 AM
RON SIEBELS, Commander, Region III, Military Order of the Purple
Heart, testified in support of HB 180. He assured the committee
that the word would spread about this opportunity. In response
to a question from Representative Gruenberg regarding privacy,
he ventured there are probably some who would "shy away," but
the majority would support having a veteran designation on an ID
card.
8:42:20 AM
JIM SASSLER (ph), Member, Veterans of Foreign Wars (VFW),
relayed that he is a Vietnam War veteran who carries a military
ID. He said he would be willing to pay the cost of replacing
his license. He said those who have military ID or medical
cards do not really need the proposed indicator, but it would be
a method by which to honor those veterans who have served. He
observed that under HB 180, a veteran would be required to show
his/her DD-214, DD-215, or NGB-22 form, in order to get the
designation from the DMV. He suggested an amendment to allow
[veterans] to present their DD-2 [the retired U.S. uniformed
services identification card] or Department of Veterans Affairs
(VA) medical card, because they already had to show the forms
required in the bill to be issued a DD-2 and/or VA medical card.
8:44:33 AM
MS. BREWSTER, in response to Representative Saddler, said she
does not think it would be a problem to authorize veteran
designation using either the DD-2 or VA medical card, as
recommended by Mr. Sassler.
8:45:23 AM
REPRESENTATIVE SEATON asked if the DD-2 and medical card are
issued only to those discharged under honorable conditions.
MR. SASSLER offered his understanding that that is the case.
8:46:54 AM
BOB MYLES, Commander, Veteran Foreign Wars (VFW), relayed that
he is a veteran of the Vietnam War. As a veteran, he said, he
carries a medical card and receives a discount. He said many
veterans don't have their card to carry, but he ventured all
veterans would support the proposed legislation.
8:48:02 AM
JOE FIELDS, Chair, Alaska Veterans Advisory Council (AVAC),
relayed that informal polling of veterans has shown a great
amount of support for this issue. He mentioned businesses that
routinely supply military discounts. He opined that veterans
deserve a break if they can get one.
8:49:22 AM
VERDIE BOWEN, Director of Veterans Affairs, Office of Veteran
Affairs, Department of Military & Veterans Affairs, indicated
that the level of confidentiality would remain the same under HB
180 as it currently is when dealing with information for forms
DD-214 and NGB-22. He said the word about HB 180 would be
spread through an annual newsletter.
MR. BOWEN, in response to questions from Representative
Gruenberg, said the term "under honorable conditions" [on page
1, line 9] covers general and honorable discharge. He said the
Office of Veteran Affairs would make public service
announcements to spread the word about the ability for veterans
to have their retired status noted on their driver's licenses or
ID cards. Currently, he said, the department and all the
veteran service officers are heading an outreach effort to reach
veterans in 100 areas off of roadways annually.
REPRESENTATIVE GRUENBERG ventured there are some veterans who
are not "plugged in" and may have restricted means, and he
suggested that the department could take the opportunity to toot
its own horn at, for example, senior centers and hospitals - to
expand beyond the usual veterans' network.
8:53:52 AM
REPRESENTATIVE SADDLER said he thinks the methods that will be
used will get the word out.
8:54:14 AM
RIC DAVIDGE, Alaska Veterans Foundation; Vietnam Veterans of
America, emphasized that it is important for emergency response
workers and medical staff to know whether the person they are
treating is a veteran, because many veterans have been exposed
to toxins such as agent orange, and as a result may require
different treatment. He said every medical professional should
ask each person they treat whether he/she is a veteran. He
indicated that this is one of a lot of other reasons that
veteran designation should be on a driver's license.
REPRESENTATIVE GRUENBERG said HB 180 would provide the
opportunity to "get these people in and get them notified."
8:57:36 AM
MR. BOWEN said there are many veterans who are suffering
presumptive illnesses brought on by Agent Orange, and they are
the most difficult group in terms of outreach efforts. He
explained that many of those veterans have a distrust of the
federal government, which makes it difficult to reach out to
them. He further noted that because these veterans felt
alienated, they were responsible for starting many of the
veteran programs that exist today. He talked about using the
National Guard Yellow Ribbon Team - through churches, schools,
and hospitals - to reach veterans. He said over the last 18
months, approximately 1,000 veterans in need of health care have
been reached in 261 villages. He expressed his hope that
outreach efforts will be noted by spouses of veterans, who may
help in the effort to entice veterans in for services.
8:59:45 AM
MR. DAVIDGE relayed that veterans generate over $2 million in
economic activity in Alaska. Letting veterans know about the
benefits available to them not only improves their lives, but
also improves the lives of their family members. He thanked the
committee and bill sponsor for their work on the bill.
9:00:59 AM
MS. BREWSTER, in response to Representative Petersen, said all
veterans would have to come in the DMV to prove veteran status
before being issued the designated driver's license or ID.
After the first time, veterans could renew by mail. In response
to Representative Seaton, regarding the use of the term
"identification card" in the bill, she stated her understanding
that under HB 180, the designation could be on both driver's
licenses and IDs. In response to a follow-up question,
regarding the required forms listed in Section 1 of the bill,
she said the DMV would not be opposed to other forms being added
to those accepted for proving veteran status. She said the DMV
could ask for legal guidance as to whether it would have the
ability to accept other forms of identification, but she said it
would be clearer to include any other acceptable forms in
statute.
9:03:43 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1, as
follows:
Page 1, line 12:
Following "NGB-22"
Insert "DD-2 or veteran medical card"
REPRESENTATIVE JOHANSEN, as a point of order, noted that the
committee was still taking public testimony, and he said he had
questions for Ms. Brewster.
REPRESENTATIVE SEATON withdrew Conceptual Amendment 1.
9:04:21 AM
REPRESENTATIVE JOHANSEN suggested to Representative Seaton that
another option would be to delete the language between "a" and
"as" [on page 1, lines 11-12], so that the language would read:
"To receive a veteran designation, the person shall provide
proof of veteran status that shows the person is retired or
discharged under honorable conditions." He asked Ms. Brewster
if she thought that would be a viable solution.
MS. BREWSTER replied that it would be an option for the division
to listen to the conversation surrounding this legislation and
then establish the requirements through regulation. In response
to a follow-up question, she said fees associated with driver's
licenses, ID cards, and duplicates are listed in statute. She
indicated that those statutes would take precedence over any
changes made to the fiscal note.
REPRESENTIVE SADDLER indicated that he would not be adverse to
any forms, as long as they could prove veteran status.
9:06:52 AM
REPRESENTATIVE P. WILSON noted that Representative Johansen's
suggested change would have to be made in Section 2, as well.
9:07:06 AM
CHAIR LYNN closed public testimony.
REPRESENTATIVE P. WILSON indicated a preference for
Representative Johansen's previously stated idea for an
amendment.
9:07:39 AM
REPRESENTATIVE JOHANSEN moved to adopt Conceptual Amendment 2,
as follows:
Page 1, line 11:
Following "provide"
Delete "a United States Department of Defense
form DD-214 or DD-215 or a National Guard Bureau form
NGB-22"
Page 2, line 6:
Following "provide"
Delete "a United States Department of Defense
form DD-214 or DD-215 or a National Guard Bureau form
NGB-22 to the department as"
REPRESENTATIVE GRUENBERG objected to seek clarification that the
intent of Conceptual Amendment 2 is to delete the same language
in each Section through the word "as". He offered his
understanding that "the sponsor" nodded in the affirmative.
REPRESENTATIVE GRUENBERG withdrew his objection. There being no
further objection, Conceptual Amendment 2 was adopted.
9:09:48 AM
REPRESENTATIVE GRUENBERG moved to report CSHB 180(MLV), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes.
REPRESENTATIVE JOHANSEN objected to express his hope that the
House Finance Committee would consider language for HB 180 that
would require the DMV to provide this service at cost. He told
the sponsor that if the House Finance Committee did not offer
such an amendment, then he would offer one on the House floor.
REPRESENTATIVE P. WILSON opined that since the cost is 85 cents,
it would less onerous to round the number to, for instance, $1.
9:11:28 AM
REPRESENTATIVE SEATON pointed out that 85 cents is the cost of
only the printer ribbon; other costs are listed further in the
fiscal note.
REPRESENTATIVE SADDLER told Representatives Johansen and Seaton
that he would take up those finance issues with the House
Finance Committee.
9:11:57 AM
REPRESENTATIVE JOHANSEN removed his objection to the motion to
report CSHB 180(MLV), as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no further objection, CSHB 180(STA) was reported out
of the House State Affairs Standing Committee.
9:12:20 AM
The committee took an at-ease from 9:12 a.m. to 9:14 a.m.
HB 178-ELECTION PROCEDURES
9:14:10 AM
CHAIR LYNN announced that the next order of business was HOUSE
BILL NO. 178, "An Act relating to election practices and
procedures; and providing for an effective date."
[Before the committee was CSHB 178(CRA).]
9:14:29 AM
CECILE ELLIOT, Staff, Representative Bill Thomas, Alaska State
Legislature, presented HB 178 on behalf of Representative
Thomas, sponsor. She paraphrased the first paragraph of the
sponsor statement, which read as follows [original punctuation
provided]:
In 2009 Congress passed the MOVE Act which outlines
procedures that make it easier for overseas military
and civilians to use our electoral system. Overseas
military personnel and civilians represent 61,000 of
Alaska's eligible voters. These voters face a myriad
of challenges when pursuing their fundamental right to
vote. Additionally, those who live in remote areas of
the state experience similar challenges. In 2010
approximately 41,000 voters voted absentee in Alaska.
CSHB178 increases the accessibility of our electoral
system for these voters by expanding absentee voting.
MS. ELLIOT explained that the "MOVE" Act stands for the
"Military and Overseas Voter Empowerment" Act, and it was passed
by U.S. Congress in October 2009. She turned again to
paraphrasing the remainder of the first page of the sponsor
statement, which read as follows [original punctuation
provided]:
CSHB 178:
time for voters to receive information. One of the
greatest concerns for military and overseas voters is
the amount of time to receive and return their ballot.
(This assists the Department in accommodating the 45
day requirement established under MOVE)
burden of our military voters from finding a witness
when stationed remotely.
electronic transmission allowing for the delivery of
ballots and information to be distributed via email.
This is another provision that addresses the
challenges of the voter to receive the ballot in a
timely manner and returned.
ballot to 10 days aligning it with the 10 day deadline
for domestic absentee ballots. It also allows more
time for the department to finalize ballots and send
them out to our military and overseas voters. (Further
assisting the accommodation of the 45 day MOVE ballot
distribution time for military and overseas voters).
ballots. This further expands access options for our
rural and remote voters to receive and return their
absentee ballot.
age, overseas, to vote. If the parents lived in Alaska
prior to going overseas their child who comes of age
overseas may apply to vote absentee for federal
elections in Alaska.
o CHANGES MADE IN COMMUNITY AND REGIONAL AFFAIRS
COMMITTEE
candidate by the director, notice must be provided to
the candidate, other candidates in the race and to the
individual filing the candidacy complaint, if
applicable. A challenge may be made to this decision
within 15 days and the director must respond to the
challenge within 15 days.
letter of intent, nominating petition is open to
public inspection.
9:20:25 AM
The committee took a brief at-ease at 9:20 a.m.
9:20:30 AM
REPRESENTATIVE GRUENBERG asked, "Does Section 1 only allow the
child to vote in the Presidential election - no other election?"
MS. ELLIOT answered yes.
REPRESENTATIVE GRUENBERG asked what the reason is behind not
allowing a child of an Alaskan family, who turns voting age when
the family is outside the state, to vote in the election
district of the family for all political offices.
MS. ELLIOT responded that a person who is not an Alaska resident
cannot vote in a state race.
REPRESENTATIVE GRUENBERG directed attention to Section 27, which
references AS 15.20.081(h), which read as follows:
(h) Except as provided in AS 15.20.480, an
absentee ballot returned by mail from outside the
United States or from an overseas voter qualifying
under AS 15.05.011 that has been marked and mailed not
later than election day may not be counted unless the
ballot is received by the election supervisor not
later than the close of business on the 15th day
following the election.
REPRESENTATIVE GRUENBERG asked if there would still be a cut-off
[date for receiving ballots back from the voter] if AS
15.20.081(h) is repealed.
MS. ELLIOT explained that under HB 178, the cut-off time for
receipt of ballots after an election would be changed to 10
days; therefore, AS 15.20.081(h) is no longer needed.
REPRESENTATIVE GRUENBERG expressed concern that a shorter period
would disenfranchise some people.
MS. ELLIOT pointed out that the timing of the primary would be
changed also, so that the voter would actually have more time
"on the front end of that"; the voter would receive the ballot
45 days ahead. She said there is also a provision in the bill
that would allow the overseas or military voter to receive a
ballot via e-mail.
9:24:47 AM
REPRESENTATIVE GRUENBERG observed that Section 14 of the bill
would change the date of the primary election from the fourth to
the second Tuesday in August of every even-numbered year. He
said he would like to know the justification for proposing that
change, because the result would be a shortened campaign period.
REPRESENTATIVE SEATON, in response to comments from
Representatives Wilson and Gruenberg, asked Ms. Elliot to
confirm that the reason for changing the primary date from the
fourth Tuesday to the second Tuesday is to comply with federal
mandate found in the aforementioned MOVE Act.
MS. ELLIOT responded that is correct.
9:28:20 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, turned focus to Representative Gruenberg's
previous question as to why the group of voters described in
Section 1 would be able to vote only in a federal election. She
explained that the children who turn 18 while overseas with
their parents were not residents of Alaska in the house district
in which they seek to vote for at least 30 days prior to the
election.
9:29:58 AM
REPRESENTATIVE GRUENBERG offered his understanding that there is
nothing in the law that says a minor cannot become a resident.
He further recollected that if a parent is a resident of the
state, then that impacts whether their child is a resident. He
expressed concern regarding the voting rights of those children.
MS. FENUMIAI deferred to Legislative Legal and Research
Services.
9:31:10 AM
ALPHEUS BULLARD, Attorney, Division of Legal and Research
Services, Legislative Affairs Agency, stated that under Article
V, Section I, of the Constitution of the United States, a voter
must be a resident of the district in which he/she seeks to vote
for a minimum of 30 days prior to the election in which he/she
seeks to vote, except for the purpose of voting for President or
Vice President.
9:32:00 AM
REPRESENTATIVE GRUENBERG offered his understanding that a
child's residency at the time he/she left the state continues,
even though the child may have been out of state. He said, "I
would be very hesitant to deny those children the right to vote
without first obtaining a judicial decision in this matter."
9:33:32 AM
MR. BULLARD responded that if a child, who is over 18, was a
resident (before moving overseas), then he/she was already able
to vote. The proposed legislation addresses those who were
never able to vote before turning 18 while overseas.
REPRESENTATIVE GRUENBERG said he would speak with Mr. Bullard
privately.
9:34:36 AM
MS. FENUMIAI, regarding Representative Gruenberg's previous
question regarding the repeal of AS 15.20.081(h), echoed Ms.
Elliot's statement that even though the voter would have five
less days at the end of the total days with a ballot, he/she
would, under HB 178, have an increased number of days at the
front end; therefore, the voter would actually have possession
of the ballot for an increased number of days.
9:35:32 AM
MS. FENUMIAI, in response to Representative Gruenberg, explained
that the difficulty in allowing those extra 5 days post primary
election has to do with the turnaround time in getting general
election ballots to those voters. She offered further details.
REPRESENTATIVE GRUENBERG questioned why the change is necessary
now, when the division has been making the current timing work.
He asked how many people would be disenfranchised under HB 178.
MS. FENUMIAI explained that the 2010 General Election was the
first time the division was required, under the MOVE Act, to get
ballots to overseas and military voters 45 days before the
election, and because of other deadlines, the division had only
three days in which to get the ballots ready. She said the more
time the division has between the end of the primary and getting
ballots out for the general election, the better chance it has
of meeting the requirements of the MOVE Act. She estimated that
knocking five days off of the post-primary processes resulted in
less than 50 ballots that did not make it in to the division
within that five-day window.
9:38:58 AM
REPRESENTATIVE P. WILSON expressed concern about this issue.
She opined that if people get their ballots post marked in time,
then those ballots should be counted. She said every ballot
counts.
9:40:20 AM
MS. FENUMIAI, in response to Representative Wilson, said the
MOVE Act does not speak to the timeframe for when ballots can be
received. She reiterated that [shortening the time by which the
primary ballot must be returned] helps the division in meeting
the 45-day requirement.
REPRESENTATIVE P. WILSON responded that she understands the 45-
day requirement, but questions shortening the time on the other
end. She stated that people should have the right to wait to
vote until election day, whether they live in state or overseas.
9:42:07 AM
MS. FENUMIAI responded that everyone has the right to vote up to
election day. This provision would require all ballots to reach
the division by 10 days following an election, irrespective of
their origin. She offered to get more specific information to
the committee.
9:42:55 AM
REPRESENTATIVE JOHANSEN offered his understanding that Ms.
Fenumiai had said the division needs more time between the
primary and general elections to do its business. He ventured
that if the primary is being moved earlier by two weeks and AS
15.20.081(h) is not repealed, then the net gain between the
primary and general election will be nine days. He asked for
feedback from the sponsor regarding the motivation for proposing
the repeal of AS 15.20.081(h) in Section 27.
9:44:48 AM
MS. ELLIOT responded that the bill sponsor worked with the
division in order to accommodate the MOVE Act. Taking the five
days off would allow the division to provide for that 45-day
requirement with greater ease. She stated, "I understand that
it's being interpreted as less time, but the whole intention of
the bill is to provide more time for these voters to vote. And
if the ballots are received in the time frames of this bill,
then the division has a greater ability to provide for these
voters."
9:45:48 AM
REPRESENTATIVE JOHANSEN reviewed that by "keeping the current
statute" the division would achieve its goal of getting more
time, because "you're keeping five extra days." He offered his
understanding that Ms. Fenumiai had testified that "the changing
from 15 to 10 days" had nothing to do with the MOVE Act, but was
simply a matter of facilitating getting work done.
9:46:33 AM
REPRESENTATIVE P. WILSON suggested that if the five days is so
important, then the [primary] election could be changed to the
first week of August rather than the second.
9:47:00 AM
CHAIR LYNN announced that HB 178 was held over.
HB 190-PFD ALLOWABLE ABSENCE: MILITARY
9:47:19 AM
CHAIR LYNN announced that the last order of business was HOUSE
BILL NO. 190, "An Act relating to the allowable absence for
active duty service members of the armed forces for purposes of
permanent fund dividend eligibility."
9:47:31 AM
REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, as sponsor,
introduced HB 190. He asked committee members to keep in mind a
quote by Winston Churchill, on the bottom of the sponsor
statement [including in the committee packet], which read as
follows:
We sleep soundly in our beds because rough men stand
ready in the night to visit violence on those who
would do us harm.
REPRESENTATIVE FEIGE said a law was passed in 1998 allowing
Alaskans absent from the state for specific reasons, including
service in the military, to qualify for the state's permanent
fund dividend (PFD); however, with the exception of the
allowable absence to those serving in U.S. Congress, a limit of
10 years was set. Representative Feige opined that it is an
injustice to apply the 10-year rule to those in the military but
not to those in Congress, and HB 190 would correct that
injustice.
REPRESENTATIVE FEIGE directed attention to a committee
substitute (CS) for HB 190, Version 27-LS0564\D, Kirsch,
3/28/11, which he said adds clarification to the originally
proposed exemption. He said the bill would specifically address
those Alaskans who grow up in the state and volunteer to serve
in the military, so that the state does not penalize them for
choosing a career in the military.
9:50:29 AM
REPRESENTATIVE SEATON moved to adopt the committee substitute
(CS) for HB 190, Version 27-LS0564\D, Kirsch, 3/28/11, as a work
draft.
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.
9:51:46 AM
REPRESENTATIVE SEATON asked the bill sponsor to provide a legal
memorandum describing how this issue differs from the longevity
bonus issue. He said he would like to know the percentages of
those with various allowable absences who return to Alaska. He
said the legal question relating to allowable absences is that
the more tenuous the allowable absence becomes for a proxy for
physical residence, the more likely it is that the federal
government will declare that the entire fund will become a
taxable entity.
9:54:21 AM
REPRESENTATIVE P. WILSON mentioned a law suit and talked about
some people in the military claiming Alaska residency while
having no intention of returning. She said she would like the
bill sponsor to find out if the law suit and the 10-year rule
are related.
9:55:13 AM
REPRESENTATIVE FEIGE clarified that the bill is designed for
those who have a record of being Alaska residents prior to
joining the armed forces; it really does not apply to people who
come from the Outside and get stationed in Alaska.
9:56:04 AM
TIKO CROFOOT, Lieutenant Commander, U.S. Navy, testified that he
has been an Alaska resident since he was four years old, and the
only reason he left Alaska was to attend a naval academy, after
which he has served with the U.S. Navy for approximately 13
years. He said that because of the 10-year rule, he has not
received a PFD for the past three years. He relayed that he has
voted in all Alaska elections [since voting age], has an Alaska
driver's license, owns property in Alaska, and is part-owner in
a family business in Alaska.
LIEUTENANT COMMANDER CROFOOT said he understands the rules about
residency as they relate to keeping the PFD intact and [guarding
against] people milking the system; however, he said he has
every intention of returning to Alaska following service in the
military. He asked the legislature to change the PFD rules to
reflect an intention by the state not to penalize those who make
a career choice to serve in the military.
9:58:34 AM
BRIAN ROSS, Lieutenant Colonel, U.S. Marine Corp, testified in
support of HB 190. He stated that he was born in Alaska, and he
related his history with the military. He said he has an Alaska
driver's license, has been a registered voter in Alaska since
turning 18, has designated his residency as Alaska on his last
will and testament, owns property near Glen Allen, and has
family in Alaska. He said he has spent at least 80 days in
Alaska in the last five years alone. He said he was denied his
dividend in 2009 and has filed for an Alaska Superior Court
judicial review, as allowed under Alaska statute. He asked the
committee whether he is less deserving of a PFD because of
having chosen a military career, which results in his exceeding
the 10-year rule.
LIEUTENANT COLONEL ROSS said he chose his military career eight
years before AS 43.23.006 became law. He stated that on every
PFD application he has signed for the last 20 years, he has
sworn that he intends to return to Alaska upon his retirement
from the military. He said many military personnel change their
stated residency throughout their careers in order to take
advantage of resident state taxes and in-state college tuition,
for example, but he never changed his home of record or
residency from Alaska in his 20 years in the military. He said
he has lived in six states and one foreign country, but has ties
only to Alaska. He encouraged the committee to pass HB 190 to
allow lifetime Alaskans who are military personnel to continue
to receive their PFDs. He further requested that the bill be
made retroactive to 2009.
[HB 190 was held over]
[The objection by Representative Gruenberg to the motion to
adopt the committee substitute (CS) for HB 190, Version 27-
LS0564\D, Kirsch, 3/28/11, as a work draft, was left pending.]
10:02:59 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 10:03
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 CS HB180 MLV.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 180 |
| 02 HB0180A[1].pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 180 |
| 03 Explanation of Changes _ HB 180.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 180 |
| 04 Sponsor Stmt - HB 180.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 180 |
| 07 CSHB180-DOA-DMV-03-11-11 Fiscal Note.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 180 |
| 01 CS HB190D.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 190 |
| 02 HB0190A.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 190 |
| 03 Changes to HB 190 CS Version D.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 190 |
| 04 SPONSOR STATEMENT HB 190.pdf |
HSTA 3/31/2011 8:00:00 AM SSTA 4/11/2012 9:00:00 AM SSTA 4/12/2012 9:00:00 AM |
HB 190 |
| 05 HB 190 Support Letter Denali Borough Mayor.pdf |
HSTA 3/31/2011 8:00:00 AM SSTA 4/11/2012 9:00:00 AM SSTA 4/12/2012 9:00:00 AM |
HB 190 |
| 06 HB 190-DOR-PFD-3-30-11 PFD Military Exemption.pdf |
HSTA 3/31/2011 8:00:00 AM SSTA 4/11/2012 9:00:00 AM SSTA 4/12/2012 9:00:00 AM |
HB 190 |
| 01 CSHB 178 (CRA).pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 02 CSHB 178 sponsor statment (CRA).pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 03 HB 178 Election Timelines - current.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 04 HB 178 Election Timelines proposed changes.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 05 HB 178 Response to waiver denial.PDF |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 06 HB 178 MOVE Hardship exemption req..PDF |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 07 HB 178 Election Law Rev. Elections.PDF |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 08 HB 178 News article military vote.PDF |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 09 HB 178 fiscal note.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |
| 10 HB 178 Sectional Analysis CSHB 178 (CRA) Revised.pdf |
HSTA 3/31/2011 8:00:00 AM |
HB 178 |