Legislature(1995 - 1996)
04/23/1996 03:43 PM Senate STA
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* first hearing in first committee of referral
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SENATE STATE AFFAIRS COMMITTEE
April 23, 1996
3:43 p.m.
MEMBERS PRESENT
Senator Bert Sharp, Chairman
Senator Randy Phillips, Vice-Chairman
Senator Loren Leman
MEMBERS ABSENT
Senator Jim Duncan
Senator Dave Donley
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 384(HES) am
"An Act relating to payment requirements for retention in the
Pioneers' Home; and providing for an effective date."
CS FOR HOUSE BILL NO. 364(JUD) am
"An Act amending, in the Election Code, the definition of the
offense of unlawful interference with voting in the first degree,
a class C felony, and adding, for all `knowing' violations of
election offenses set out in the Election Code, a cross-reference
to the definition of the word `knowing' in the Criminal Code."
PREVIOUS SENATE COMMITTEE ACTION
HB 384 - No previous Senate committee action.
HB 364 - No previous Senate committee action.
WITNESS REGISTER
Representative Norman Rokeberg
State Capitol, Juneau, AK 99801-1182¶(907)465-4968
POSITION STATEMENT: prime sponsor of HB 384
Patti Swenson, Aide
Representative Con Bunde
State Capitol, Juneau, AK 99801-1182¶(907)465-4843
POSITION STATEMENT: prime sponsor of HB 364
Harold J. Curran, Acting Chief of Staff
Office of the Mayor
North Slope Borough
P.O. Box 69, Barrow, AK 99723¶(907)852-2611
POSITION STATEMENT: submitted written testimony on HB 364
Diane Shriner
Division of Elections
P.O. Box 110017, Juneau, AK 99811-0017¶(907)465-4611
POSITION STATEMENT: supports HB 364
ACTION NARRATIVE
HB 384 PIONEERS' HOME - INABILITY TO PAY
TAPE 96-31, SIDE A
Number 001
CHAIRMAN SHARP called the Senate State Affairs Committee to order
at 3:43 p.m. and brought up HB 384 as the first order of business
before the committee. He called the prime sponsor to testify.
REPRESENTATIVE NORMAN ROKEBERG, prime sponsor of HB 384, stated the
bill would make statutory what has been standard policy since the
beginning of the Pioneers' Homes in Alaska: that residents who
cannot pay are not evicted. Representative Rokeberg read the
sponsor statement for HB 384. He drew committee members' attention
to the new rate schedule contained in their bill packets. That
rate schedule will take effect for residents of pioneers' homes on
July 1, 1996. It will increase the cost pioneers' home residents
pay over a seven year period, after which, rates paid would be
equal to the cost of care. Rates will increase 50% in FY 97. If
residents do not have enough money to pay the fees, they need the
protection that HB 384 will provide. The Ombudsman issued a memo
to the Speaker of the House and the President of the Senate this
year which asked the legislature to put into statute or regulation
every department policy that has not been set in statute or
regulation. This issue is one of a number of unwritten policies of
the State of Alaska. HB 384 would not result in any additional
cost to the State of Alaska. The department supports the bill.
Right now, the Governor's budget calls for $2,500,000.00 in
increased revenues this year from the pioneers' home fee schedule
increases, while it is estimated that only $1,500,000.00 will not
be provided from people who cannot pay.
REPRESENTATIVE ROKEBERG stated two primary issues were brought up
in the House relating to HB 384. One was the spending down
phenomenon, or what would happen if a person going into a pioneers'
home attempted to avoid payments by dispersal of their assets.
Currently there are regulations and statutes requiring that the
department look back for two years at a new resident's total asset
picture to ensure there was no giving away or selling at less than
market value of assets. The department is looking at extending
that picture to three years. So that concern is addressed. The
second issue came up in the House State Affairs Committee. That
issue was perhaps holding harmless existing residents, but giving
no protection to future residents. Representative Rokeberg stated
there is a legal opinion in members' bill packets stating a
provision like that would be unconstitutional. Other people have
asked how we could do that with the longevity bonus in that case,
but Representative Rokeberg thinks that's probably unconstitutional
also. He asked for support of HB 384.
Number 155
SENATOR RANDY PHILLIPS asked how much money the pioneers' homes get
in fees from residents.
REPRESENTATIVE ROKEBERG replied he doesn't have that figure.
CHAIRMAN SHARP offered that it is about $4,500,000.00 to
$5,000,000.00.
SENATOR RANDY PHILLIPS stated the homes are not paying for
themselves through residents. We are also spending another
$73,000,000.00 on the longevity bonus program.
REPRESENTATIVE ROKEBERG thinks that an empty-nest couple in this
state probably has benefits in excess of $11,000.00 per year.
SENATOR RANDY PHILLIPS stated that oil revenues are declining, and
we want to reduce the budget. So there is a dilemma that we are
spending this money.
REPRESENTATIVE ROKEBERG agreed with Senator Phillips that we need
to look at all of these programs, and that we need to make
reductions. But the Governor, in raising the fee schedule, answers
that question. Certainly, the long-range financial projections are
such that the residents will be making a greater contribution to
the cost of those homes. But we all recognize that many of these
people do not have the financial capabilities to do that. One
alternative that's been discussed is to make the pioneers' homes
eligible for medicaid payments in the state. We could easily do
that, however, there is the phenomenon of medi-grants.
Representative Rokeberg predicts that within one year the State of
Alaska will be faced with a block grant for medicaid money.
Therefore, we would simply be taking that money out of one pocket
and putting it in another. That really wouldn't help the state
financially. He thinks it would end up hurting the state, because
we would be putting more of our assets into senior services and the
pioneer homes than we would for other eligible medicaid
requirements. Raising the fees is a good long-range proposition.
REPRESENTATIVE ROKEBERG stated that in law is the term "promissory
estoppel" is applicable to this situation.
SENATOR RANDY PHILLIPS asked if fees at pioneers' homes include
food.
REPRESENTATIVE ROKEBERG responded the fees include room and board.
Over 80% of residents are in assisted living or other levels of
care.
Number 255
SENATOR LEMAN disagreed that the changes made to the longevity
bonus program were unconstitutional; that was not the advice
received from the Department of Law.
REPRESENTATIVE ROKEBERG replied he meant to say that may be
unconstitutional.
CHAIRMAN SHARP stated he has heard concern voiced by people in the
Fairbanks Pioneers' Home over the fee increases also. HB 384 would
resolve a lot of doubt that residents and their families have. He
asked if there were any other comments on the bill. Hearing none,
he asked the pleasure of the committee.
Number 300
SENATOR LEMAN made a motion to discharge HB 384 from the Senate
State Affairs Committee with individual recommendations.
Number 310
CHAIRMAN SHARP, hearing no objection, stated HB 384 was discharged
from the Senate State Affairs Committee.
HB 364 ELECTION CRIMES; INTERFERENCE W/VOTING
CHAIRMAN SHARP brought up HB 364 as the next order of business
before the Senate State Affairs Committee. He called a
representative of the prime sponsor to testify.
Number 315
PATTI SWENSON, Aide to Representative Con Bunde, prime sponsor of
HB 364, stated the impetus for the bill was the Dansereau v. Ulmer
lawsuit, which deals in part with the unlawful interference with
voting in the first degree. The purpose of HB 364 is to align
state law with federal law. This would clarify that people cannot
be paid to vote in Alaska. Ms. Swenson urged support of HB 364.
HAROLD J. CURRAN, North Slope Borough, Office of the Mayor,
submitted written testimony:
CSHB 364 (JUD) am is significantly better than the original bill,
which would, among other things, make any person who drove a
neighbor to the polls a felon. Before the legislature tries to
make the North Slope Borough's efforts to give its residents equal
access to the voting booth illegal, please consider the following:
1. The State of Alaska is obligated under the Voting Rights Act to
pre-clear changes to its election laws;
2. Giving a voter transportation to or from the polls is
significantly easier in urban Alaska due to government subsidized
roads and telephone systems;
3. The only way to give rural Alaskans assistance in getting to the
polls, the overwhelming majority of whom subsist for extended
periods of time at great distance from their limited road and phone
systems, is to reimburse them for the cost of transportation to
and from the polls;
4. The failure to give rural residents equal access to the polls is
anti-democratic and is likely a denial of equal protection under
the Alaska State Constitution;
5. Since the majority of rural residents are native, denial of
equal access to the polls is a violation of the Voting Rights Act;
6. The proposed language set out below will cure these problems:
AS 15.56.030
(G) a voter's costs for transportation to or from the polls.
There is not need to scope the above language for rural Alaska
because the minimal cost for urban voters to get to the polls will
regulate the use of this exception to AS 15.56.030(a)(2).
Thank you for your time and consideration.
Number 335
SENATOR LEMAN asked if, on page 2, line 14, "on" shouldn't be "of".
MS. SWENSON stated her copy of the bill says "of".
SENATOR LEMAN and other committee members state their copy says
"on".
MS. SWENSON replied that must be a typo.
SENATOR LEMAN asked that be noted and corrected to "of". He asked
Ms. Swenson if she's seen the memo from Harold Curran (see above).
MS. SWENSON stated she has not seen the memo. She thinks perhaps
Ms. Shriner from the Division of Elections could address that
question.
Number 360
DIANE SHRINER, Division of Elections, stated the bill would
implement criminal penalties. However, the things the bill does
not include are covered in Section 2, paragraph (2).
SENATOR LEMAN thinks Section 2, paragraph (2) is a good response to
Mr. Curran's memo. Senator Leman thinks the memo is incorrect.
MS. SHRINER thinks it is incorrect also. She stated that when HB
364 was being drafted, the Division of Elections asked that some of
these things be spelled out as specifically as possible, so the
division appreciates the inclusion of those examples. The Division
of Elections supports HB 364.
CHAIRMAN SHARP asked the pleasure of the committee regarding HB
364.
Number 380
SENATOR RANDY PHILLIPS made a motion to discharge HB 364 from the
Senate State Affairs Committee with individual recommendations.
SENATOR LEMAN objected for the purpose of reminding members of the
typo that needs to be corrected. He also thinks the bill should
have a retroactive date to 1994.
MS. SWENSON stated the sponsor would support that.
SENATOR LEMAN removed his objection.
Number 390
CHAIRMAN SHARP, hearing no objection, stated HB 364 was discharged
from the Senate State Affairs Committee.
CHAIRMAN SHARP adjourned the Senate State Affairs Committee meeting
at 4:12 p.m.
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