Legislature(1993 - 1994)
02/27/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 27, 1993
8:00 a.m.
MEMBERS PRESENT
Representative Al Vezey, Chairman
Representative Harley Olberg
Representative Gary Davis
Representative Bettye Davis
Representative Jerry Sanders (via teleconference)
MEMBERS ABSENT
Representative Pete Kott, Vice Chairman
Representative Fran Ulmer
COMMITTEE CALENDAR
*HB 153 "An Act related to sentencing."
MOVED FROM COMMITTEE WITH DO PASS RECOMMENDATION
HB 81 "An Act relating to the longevity bonus program."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
(* first public hearing)
WITNESS REGISTER
Judge Karen Hunt
State Superior Court
303 K Street, Chambers 421
Anchorage, Alaska 99501
264-0772
Position Statement: Supported HB 153
David Trantham
P.O. Box 759
Bethel, Alaska 99559
543-2772
Position Statement: Opposed HB 81
Nat Kenney
P.O. Box 1056
Delta Junction, Alaska 99737
895-4343
Position Statement: Opposed HB 81
Vyola Belle
Sitka, Alaska 99835
747-8814
Position Statement: Opposed HB 81
Doris Southall
2221 Eagan Avenue
Fairbanks, Alaska 99701
456-6358
Position Statement: Opposed HB 81
Dorothy Westphal
P.O. Box 288
Sterling, Alaska 99672
262-6061
Position Statement: Opposed HB 81
Rose Palmquist
P.O. Box 870294
Wasilla, Alaska 99687
376-2274
Position Statement: Opposed HB 81
Marvin Bushey
1019 Vernal Street
Fairbanks, Alaska 99712
457-5096
Position Statement: Opposed HB 81
Herman Leirer
Seward, Alaska 99664
Position Statement: Opposed HB 81
Nick Zerbinos
P.O. Box 371
Glennallen, Alaska 99588
822-3451
Position Statement: Opposed HB 81
Douglas Euers
P.O. Box 201
Tok, Alaska 99780
883-5351
Position Statement: Opposed HB 81
Paul Miller
P.O. Box 384
Delta Junction, Alaska 99737
895-4493
Position Statement: Opposed HB 81
John Shaffer
303 Kimsham Street
Sitka, Alaska 99835
747-8425
Position Statement: Opposed HB 81
Earl Westphal
P.O. Box 288
Sterling, Alaska 99672
262-6061
Position Statement: Opposed HB 81
Lee Carman
712 Bentley Drive
Fairbanks, Alaska 99701
452-6296
Position Statement: Opposed HB 81
Mellie Terwilliger
P.O. Box 206
Tok, Alaska 99780
883-5351
Position Statement: Opposed HB 81
Charles Broker
P.O. Box 84
Tok, Alaska 99780
883-2531
Position Statement: Opposed HB 81
Gloria Maschmeyer
Anchorage, Alaska
277-0787
Position Statement: Supported HB 81
Harry Jenkins
210 10th Avenue
Fairbanks, Alaska 99701
456-4901
Position Statement: Opposed HB 81
Nancy Bear Usera, Commissioner
Department of Administration
P.O. Box 110200
Juneau, Alaska 99811-0200
465-2200
Position Statement: Supported HB 81
PREVIOUS ACTION
BILL: HB 153
SHORT TITLE: REDUCTION OF PRESUMPTIVE SENTENCES
BILL VERSION:
SPONSOR(S): JUDICIARY BY REQUEST
TITLE: "An Act related to sentencing."
JRN-DATE JRN-PG ACTION
02/15/93 345 (H) READ THE FIRST TIME/REFERRAL(S)
02/15/93 345 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
02/27/93 (H) STA AT 08:00 AM CAPITOL 102
BILL: HB 81
SHORT TITLE: PHASE OUT LONGEVITY BONUS
BILL VERSION:
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
TITLE: "An Act relating to the longevity bonus program."
JRN-DATE JRN-PG ACTION
01/22/93 130 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 130 (H) STATE AFFAIRS, JUDICIARY,
FINANCE
01/22/93 130 (H) -2 FNS (ADM) 1/22/93
01/22/93 130 (H) GOVERNOR'S TRANSMITTAL LETTER
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
02/02/93 (H) MINUTE(STA)
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
02/13/93 (H) STA AT 08:00 AM CAPITOL 102
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/13/93 (H) MINUTE(STA)
02/27/93 (H) STA AT 08:00 AM CAPITOL 102
ACTION NARRATIVE
TAPE 93-22, SIDE A
Number 000
CHAIRMAN AL VEZEY called the House State Affairs Committee
to order at 8:01 a.m. on Saturday, February 27, 1993.
Members present were Representatives Harley Olberg, Gary
Davis, and Bettye Davis, which represented a quorum. In
attendance by teleconference from Anchorage was
Representative Jerry Sanders.
HB 153: REDUCTION OF PRESUMPTIVE SENTENCES
Number 039
CHAIRMAN VEZEY read the title of HB 153 and called for
testimony.
Number 048
KAREN HUNT, STATE SUPERIOR COURT JUDGE, testified via
teleconference from Anchorage. She listed her
qualifications to testify on HB 153 as the deputy presiding
judge in charge of criminal affairs in the Third Judicial
District, and also as the chair of the statewide three-judge
panel. She outlined the history of the legislative intent
of AS 33.19.010(b), which HB 153 addressed. She stated that
a previous revision of the statue was an obstruction to the
intent of the law, and that HB 153 was needed to make the
three-judge panel on presumptive sentences as effective as
possible.
Number 222
CHAIRMAN VEZEY asked Judge Hunt to clarify her position, and
then asked if she could state how HB 153 might affect the
prison system.
Number 251
JUDGE HUNT said HB 153 would likely reduce the number of
people in prison, because the statute now required many
people to stay in jail longer than necessary. She also said
this should help in lowering costs, but reminded the chair
the statute involved affected a limited number of cases.
Number 298
CHAIRMAN VEZEY called for other testimony. Seeing none, he
closed testimony.
Number 302
REPRESENTATIVE BETTYE DAVIS MOVED to pass HB 153 from
committee.
Number 310
REPRESENTATIVE GARY DAVIS SECONDED the motion.
Number 316
CHAIRMAN VEZEY called for a vote and HB 153 was unanimously
PASSED from committee.
HB 81: PHASE OUT LONGEVITY BONUS
Number 333
CHAIRMAN VEZEY read the title of HB 81 and called for
testimony from Juneau. Seeing none, he polled the
teleconference sites for testimony.
Number 346
DAVE TRANTHAM, a 46 year resident of Bethel, testified via
teleconference from Bethel against HB 81. He stated the
bill would be challenged in court, and would hurt many
seniors' ability to stay in Alaska. He favored an across
the board budget cut instead.
Number 411
NAT KENNEY, a resident of Delta Junction, testified via
teleconference from Delta Junction in opposition to HB 81.
He stated the longevity bonus returned money to the state at
an 11 to 1 ratio, and seniors would be forced to leave the
state if it was terminated.
Number 472
VYOLA BELLE, a resident of Sitka, testified via
teleconference from Sitka, in opposition to HB 81. She said
the bonus was needed to keep seniors independent.
Number 489
DORIS SOUTHALL, a resident of Fairbanks, testified via
teleconference from Fairbanks against HB 81. She favored
SB 6 instead.
Number 519
DOROTHY WESTPHAL, a resident of Sterling, testified via
teleconference from Kenai. She stated HB 81 would be
contested in court, and that she favored SB 6 over HB 81.
Number 548
REPRESENTATIVE G. DAVIS asked Mrs. Westphal if she had
looked into the annuity plan, and had seen the
Administration's research which indicated the annuity was
unfeasible.
Number 554
MRS. WESTPHAL stated she knew of the Administration's
position, but felt SB 6 could be amended.
Number 571
ROSE PALMQUIST, a resident of Palmer, testified via
teleconference from Mat-Su in opposition to HB 81. She said
an annuity plan should have been implemented years ago.
She also challenged the Administration's contention that
most seniors did not need the bonus to live on.
Number 632
MARVIN BUSHEY, a resident of Fairbanks, testified via
teleconference from Fairbanks, in opposition to HB 81. He
favored SB 6, and stated it was unfair for long time
citizens who were not yet qualified by age to be cut off
from the bonus when outsiders who were of age can come in
and qualify in one year.
Number 653
HERMAN LEIRER, a 69 year resident of Seward, testified via
teleconference from Seward in opposition to HB 81. He said
it would cost Alaska 15 to 20 thousand citizens who would
move.
Number 678
NICK ZERBINOS, a resident of Glennallen, testified via
teleconference from Glennallen in opposition to HB 81, and
stated many seniors had the choice of taking the bonus or
going on welfare.
TAPE 93-22, SIDE B
Number 045
DOUGLAS EUERS, a resident of Tok, testified via
teleconference from Tok in opposition to HB 81. He favored
SB 6.
Number 111
PAUL MILLER, a resident of Delta Junction, testified via
teleconference from Delta Junction in opposition to HB 81,
and stated with Alaskans sure to take a hit under the
Clinton administration, the bonus would be especially needed
by seniors.
Number 166
JOHN SHAFFER, a resident of Sitka, testified via
teleconference from Sitka, on behalf of the Legislative
Committee of the American Association of Retired Persons, in
opposition to HB 81 and in favor of SB 6. He said the
current recipients must be protected.
Number 223
MS. PALMQUIST stated legislators should consider the
contribution of seniors to the state and if the state really
was running out of money. She stated the government should
not balance the budget on the backs of seniors or kids.
Number 298
EARL WESTPHAL, a 77 year old resident of Sterling, testified
via teleconference from Kenai in opposition to HB 81 because
he needed it to live.
Number 378
LEE CARMAN, a resident of Fairbanks, testified via
teleconference from Fairbanks in opposition to HB 81, and in
favor of SB 6. He deemed HB 81 unfair to seniors close to
qualifying by age.
Number 465
MELLIE TERWILLIGER, a resident of Tok and a member of the
Older Alaskans Commission, testified via teleconference from
Tok in opposition to HB 81, and in favor of SB 6. She
believed lawmakers must consider the contribution of seniors
to the state.
Number 502
CHARLES BROKER, a resident of Tok, testified via
teleconference from Tok in opposition to HB 81. He favored
amending SB 6, and said seniors under qualification age in
HB 81 would lose out.
Number 543
GLORIA MASCHMEYER, a 13 year resident of Anchorage,
testified via teleconference from Anchorage in support of HB
81. She believed the SB 6 annuity plan was too complicated,
created bureaucracy, and would prevent her family from
collecting her savings if she died after the age of 65. She
questioned whether the annuity could be supported since many
people could not contribute their permanent fund checks
because they used those to live.
Number 605
REPRESENTATIVE G. DAVIS asked Mrs. Maschmeyer if she knew
what the annuity would provide her family.
Number 611
MRS. MASCHMEYER stated she had no figures from Senator
Kerttula's office, but understood she would only get $100 a
month under the annuity plan.
Number 635
CHAIRMAN VEZEY called for any other testimony from the
teleconference sites.
Number 668
HARRY JENKINS, a resident of Fairbanks, testified via
teleconference from Fairbanks in opposition to HB 81. He
felt Alaska would lose citizens if the program ended.
TAPE 93-23, SIDE A
Number 020
MR. EUERS stated lawmakers must look to the future, and that
ending the bonus would affect seniors' medical care.
Number 067
There being no further public testimony, CHAIRMAN VEZEY
called for committee discussion.
REPRESENTATIVE B. DAVIS asked for comments from the
Commissioner of the Department of Administration.
Number 090
NANCY BEAR USERA, COMMISSIONER, DEPARTMENT OF
ADMINISTRATION, addressed the constitutionality of HB 81.
She said it was a phase out program and, therefore, was not
subject to court challenge.
Number 116
REPRESENTATIVE B. DAVIS stated it was not fair for long-time
residents below qualification age to be cut out of the bonus
when newcomers of age were allowed to receive checks.
Number 133
COMMISSIONER USERA stated if the program was operating the
way it was intended to, the reform would not be needed. She
also stated any redesign on basis of residency would be
subject to a court challenge, and HB 81 was the most
favorable reform for current recipients.
Number 161
REPRESENTATIVE G. DAVIS agreed with Rep. B. Davis' concerns,
but stated HB 81 was the best middle of the road proposal.
He favored HB 81 because the phase out would slow the in-
migration of older people, and end a trend of growing
outlays in the last 10 years.
Number 198
REPRESENTATIVE B. DAVIS was concerned the program might not
save money, since many seniors would have to go on public
assistance.
Number 211
COMMISSIONER USERA had no figures on how many people would
go on public assistance, but informed the committee that
much of the bonus money would go toward new needs-based
programs where seniors would be protected. She stated the
government also would not see a savings for at least four
years while the program was implemented, because the growth
trend would continue with the aging of the population.
Number 288
REPRESENTATIVE B. DAVIS favored moving HB 81 from committee.
Number 306
REPRESENTATIVE G. DAVIS supported moving HB 81 from
committee.
Number 328
CHAIRMAN VEZEY called for a vote, and HB 81 failed to move
from committee by a 3-1 vote, with Chairman Vezey voting no.
ADJOURNMENT
Number 333
CHAIRMAN VEZEY adjourned the meeting at 9:52 a.m.
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