Legislature(1999 - 2000)
03/16/2000 03:40 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE March 16, 2000 3:40 p.m. MEMBERS PRESENT Senator Jerry Ward, Chairman Senator Lyda Green Senator Gary Wilken Senator Randy Phillips Senator Kim Elton MEMBERS ABSENT All Members Present COMMITTEE CALENDAR SENATE BILL NO. 247 "An Act relating to eligibility of certain veterans for longevity bonus payments; and providing for an effective date." - MOVED SB 247 OUT OF COMMITTEE CS FOR HOUSE BILL NO. 163(JUD) "An Act relating to qualifications of voters; relating to the registration of voters; relating to election districts and officials; relating to election procedures and ballots; relating to special procedures for elections; relating to nomination of candidates; relating to national elections; relating to special elections and appointments; relating to constitutional amendments; relating to election offenses and corrupt practices; relating to election pamphlets; relating to the deferral of jury service for certain election officials; relating to an exemption from the State Procurement Code regarding election ballots; relating to the provision and use of mailing addresses on permanent fund dividend applications for election purposes; relating to the inclusion of voter registration forms with permanent fund dividend applications; relating to financial statements by public officials and candidates for public office; making conforming amendments in references to 'election district,' 'chairman,' and similar terms; relating to initiative, referendum, and recall petitions; and providing for an effective date." -HEARD AND HELD SENATE JOINT RESOLUTION NO. 26 Proposing amendments to the Constitution of the State of Alaska relating to education. - SCHEDULED BUT NOT HEARD PREVIOUS SENATE COMMITTEE ACTION SB 247 - See State Affairs minutes dated 3/2/00. HB 163 - No previous Senate action. SJR 26 - See State Affairs minutes dated 1/27/00. WITNESS REGISTER Mr. Laddie Shaw Special Assistant, Office of Veterans Affairs Department of Military & Veterans Affairs P.O. Box 5800 Ft. Richardson, AK 99505-0800 POSITION STATEMENT: Commented on SB 247. Mr. James Kohn Director of Division of Alaska Longevity Programs Department of Administration P.O. Box 110208 Juneau, AK 99811-0208 POSITION STATEMENT: Commented on SB 247. Ms. Annette Kreitzer Legislative Staff for Senator Leman Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on SB 247. Ms. Marie Marx Legislative Staff for Senator Leman Alaska State Capitol Juneau, AK 9801-1182 POSITION STATEMENT: Commented on SB 247. Ms. Nancy Weller Medical Assistance Administrator Division of Medical Assistance Department of Health & Social Services P.O. Box 110660 Juneau, AK 99801 POSITION STATEMENT: Commented on SB 247. Mr. Richard Schmitz Legislative Staff for Representative Jeanette James Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on HB 163. Ms. Gail Fenumiai Election Program Specialist Division of Elections P.O. Box 110017 Juneau, AK 99811-0017 POSITION STATEMENT: Commented on HB 163. ACTION NARRATIVE TAPE 00-05, SIDE A Number 001 CHAIRMAN WARD called the Senate State Affairs Committee to order at 3:40 p.m. Present were Senators Ward, Elton, Wilken, Green, and Phillips. The first order of business to come before the committee was SB 247. SB 247-VETERANS'ELIGIBILITY FOR LONGEVITY BONUS MS. ANNETTE KREITZER, Legislative Staff for Senator Leman, stated SB 247 deals with a narrow segment of the population who are veterans in nursing homes and whose nursing home care is being paid for by veteran's benefits. MR. LADDIE SHAW, Special Assistant, Office of Veterans Affairs, stated support for SB 247. The veterans are deserving of the longevity benefits even if they are receiving other benefits. CHAIRMAN WARD asked whether SB 247 is a discrimination issue if longevity bonuses are expanded to include veterans benefits recipients. MR. JAMES KOHN, Director of Alaska Longevity Programs, stated no, SB 247 would not expand longevity bonuses to any persons other than veterans. Number 541 SENATOR GREEN asked if people on Medicare and Social Security are currently receiving their longevity bonuses. MR. KOHN said yes, social security and other benefits are considered personal income and would fall under the category of the 1992 statute. Only three categories of payment in skilled nursing care would make a person ineligible for the longevity bonus: Medicare, Medicaid, and veterans' benefits. SENATOR GREEN asked why a person on Medicare would not be eligible for the longevity bonus. MR. KOHN stated the person on Medicare does not receive the bonus because Medicare is a federal benefit. Anyone who is receiving state or federal benefits for skilled nursing care immediately becomes ineligible for the bonus. SB 247 would make an exception to the statute. SENATOR PHILLIPS asked where these veterans are currently residing. MS. MARIE MARX, Legislative Staff for Senator Leman, stated one person lives in Fairbanks, two live in Providence in Anchorage, one in Sitka, and one in Seward. SENATOR PHILLIPS asked to abstain from voting because he works for Providence Hospital during the interim period. Senator Elton objected. CHAIRMAN WARD asked if people receiving Native corporation dividends were still eligible for the longevity bonus. MS. KREITZER stated if a Native corporation dividend was received that person would be ineligible for the longevity bonus that month, but can reapply the following month. SENATOR PHILLIPS asked if SB 247 creates a limited entry program. MS. MARX stated yes, it is only for people who applied before the 1997 deadline, and the application needs to be on file. SENATOR GREEN asked if any circumstances would change the amount received from the federal government for a person living at home, then moving into a skilled nursing facility. MS. KREITZER stated nothing would change the amount received from the federal government. SENATOR GREEN asked if a person's residency at a skilled nursing facility impacts how much that person receives from the federal government. MS. MARX stated it depends on what the coverage was when that person signed up for benefits. The monthly stipend and monthly contract determine how much that person will receive. SENATOR GREEN stated it is hard to differentiate between veteran's benefits and Medicare. MS. KREITZER stated that Senator Leman's belief is these people put their lives at risk and are deserving of the longevity bonus. MS. NANCY WELLER, Medical Assistance Administrator, Division of Medical Assistance, stated Medicare has limited skilled nursing benefits. Medicare covers nursing home care for a short duration, usually for rehabilitation after a hospitalization. Medicaid pays for long-term nursing care. SENATOR GREEN asked what the definition of Medicare is. MS. WELLER stated Medicare is a federal program funded under Title 18 of the Social Security Act. It is health care coverage that is available to disabled people, and people age 65 and older. SENATOR GREEN asked if people on Medicare pay premiums. MS. WELLER replied yes. For lower income people Medicaid pays the premium for Medicare. SENATOR GREEN asked if a person were to pay their own premium whether they would be eligible for the longevity bonus. MS. WELLER stated yes. SENATOR GREEN stated the only difference between some people is that their premiums are paid from Medicaid for the Medicare program. She asked if there is a distinction between people who have Medicaid assistance with their premium and people who do not. MS. WELLER replied people who do not receive Medicaid assistance to pay for premiums are people who are not low income. SENATOR GREEN stated for the purpose of longevity bonus those people are treated the same. MR. KOHN stated in the Medicare program a premium is paid. If one cannot pay the premium then Medicaid will pay the premium. Veterans do not pay a premium for veterans benefits because they earn those benefits. SENATOR WILKEN moved SB 247 out of committee with individual recommendations and accompanying fiscal notes. Without objection, the motion carried. HB 163-DIVISION OF ELECTIONS MR. RICHARD SCHMITZ, Legislative Staff to Representative Jeanette James, stated HB 163 is an election statute "fix-up" and makes minor changes. Mr. Schmitz referred to the last gubernatorial race regarding write-in candidates and said HB 163 makes minor changes to absentee voter regulations. MS. GAIL FENUMIAI, Election Program Specialist, Division of Elections, stated HB 163 updates terminology conforming to the Optical Ballot Tabulation System the State currently uses. HB 163 makes four changes to elections statute, the first is regarding write-in candidates and using stickers on ballots. It also proposes changes to the "absentee, in person" voting process and proposes to improve the "absentee, by personal representative" voting process for persons with disabilities. It deals with "initiative, referendum, and recall petition" by making changes to the statute as a result of a U.S. Supreme Court decision in Buckley v. American Constitutional Law Foundation. Ms. Fenumiai referred to questions handed to her by the committee. TAPE 00-05, SIDE B Number 2329 SENATOR ELTON asked about the 1998 gubernatorial election and a party naming a Governor or Lt. Governor. MS. FENUMIAI stated HB 163 pertains to the people who appear on the primary election ballot. Write-in candidates are not allowed on the primary election ballot. CHAIRMAN WARD stated if a party elected two people to run for Governor/Lt. Governor, and one person withdrew and the party chose not to replace the running mate, that would make the Governor/Lt. Governor ineligible to run. MS. FENUMIAI replied yes. Under current statute there are no rules for write-in candidates, HB 163 would make provision changes. CHAIRMAN WARD referred to the 1998 gubernatorial election and Senator Taylor running for Governor. Chairman Ward asked if Senator Taylor's running mate withdrew, whether his name would still be on the ballot. MS. FENUMIAI stated no, it would be a write-in race because the ballots are printed and available 25 days before the election. People with no party affiliation must file nominating petitions. They have the same deadline as party nominees. SENATOR ELTON stated if HB 163 had been in statute during the Arliss Sturgulewski, Jack Coghill, and Walter Hickel gubernatorial race, the outcome would have been different. The party could have refused to name a Lt. Governor and Arliss Sturgulewski's name would have been kept off the ballot. MS. FENUMIAI replied that has never happened in Alaska's history. SENATOR GREEN asked if stickers are not used on the ballots whether the write-in candidates names need to be spelled correctly. MS. FENUMIAI stated provisions say the last name of the gubernatorial candidates would suffice. SENATOR ELTON stated the language in Section 1, line 10, "the month in which a primary or general election is held," would excuse a person from jury duty for the month of November, but they would not be able to complete their work from October. Senator Elton offered a friendly amendment to Section 1, line 10 to read "or that the person summoned is employed as a full-time or temporary election official and the jury service is during the 30 days preceding a primary or general election." Without objection, the amendment was adopted. CHAIRMAN WARD asked about the name and phone number of election supervisors. MS. FENUMIAI replied that section relates to radio notices. The purpose is to cut down on the length of the radio notices. SENATOR GREEN asked Ms. Fenumiai to review the checks & balances regarding disabled absentee ballots. MS. FENUMIAI stated personal representatives need to identify themselves to the election official and sign a register. The representative takes the ballot to the disabled person. That person must write down identification on the envelope and sign the envelope. SENATOR GREEN asked if this process is witnessed by a third party. MS. FENUMIAI stated no. The integrity of the personal representatives is upright and commendable. CHAIRMAN WARD asked if any provisions would be altered to change paper ballots used in elections. MS. FENUMIAI stated no. SENATOR WILKEN asked, if HB 163 does not pass, what the consequences would be. MS. FENUMIAI replied if HB 163 does not pass, the State could possibly have a lengthy lawsuit ahead of it. SENATOR GREEN asked if people are not required to identify themselves when obtaining signatures, how the Division of Elections (DOE) keeps track of the signature books. MS. FENUMIAI stated people are required to notify the Division of Elections who is receiving which book and their name is put on the book. The Buckley decision stated those officials do not need to wear a badge. At the bottom of each page of the signature book is a notice stating whether the person collecting signatures is being paid and, if so, by whom. SENATOR PHILLIPS moved amendment number 2, regarding stickers being used on ballots. He said the State should not discourage anyone from voting. Senator Elton objected and stated if people use stickers on ballots the State is inducing error. The amendment was adopted with Senators Phillips, Green, and Ward voting "Yea" and Senator Elton voting "Nay." MS. FENUMIAI explained if a sticker were fed through the optical ballot machine and gummed up a sensor, at the end of counting the ballots, the tabulation would be incorrect. The Division of Elections would not know where or when the inaccuracy began. Hand counting ballots for a statewide race would effect all races on the ballot and be a time consuming process. SENATOR GREEN moved to delete Sections 63-70 relating to Buckley v. American Constitutional Law Foundation. Without objection, the motion carried. CHAIRMAN WARD stated the amendments that have been adopted will be drafted into a committee substitute. HB 163 will be held in committee and he asked Ms. Fenumiai to clarify the language in Sections 63-70 of HB 163 at the next meeting. There being no further business to come before the committee Chairman Ward adjourned the meeting at 5:12 p.m.
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