Legislature(1999 - 2000)

03/16/2000 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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            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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