03/11/2008 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB296 | |
| HB15 | |
| SB278 | |
| HB284 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 15 | TELECONFERENCED | |
| += | SB 296 | TELECONFERENCED | |
| *+ | SB 278 | TELECONFERENCED | |
| + | HB 284 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 11, 2008
9:21 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 15(RES)
"An Act relating to participation in matters before the Board of
Fisheries by members of the board and to the definition of
'immediate family member' under the Alaska Executive Branch
Ethics Act as that Act applies to members of the Board of
Fisheries; and providing for an effective date."
HEARD AND HELD
SENATE BILL NO. 296
"An Act relating to the crime victim compensation fund."
MOVED SB 296 OUT OF COMMITTEE
SENATE BILL NO. 278
"An Act relating to information from veterans on the permanent
fund dividend application form."
MOVED SB 278 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 284(FIN)
"An Act relating to participation in certain student fellowships
as an allowable absence from the state for purposes of
eligibility for permanent fund dividends; and providing for an
effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 15
SHORT TITLE: BOARD OF FISHERIES CONFLICTS OF INTEREST
SPONSOR(S): REPRESENTATIVE(S) REPRESENTATIVE SEATON
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) FSH, RES
03/14/07 (H) FSH AT 8:30 AM BARNES 124
03/14/07 (H) Heard & Held
03/14/07 (H) MINUTE(FSH)
03/19/07 (H) FSH AT 8:30 AM BARNES 124
03/19/07 (H) Heard & Held
03/19/07 (H) MINUTE(FSH)
03/21/07 (H) FSH AT 8:30 AM BARNES 124
03/21/07 (H) Heard & Held
03/21/07 (H) MINUTE(FSH)
03/23/07 (H) FSH AT 8:30 AM BARNES 124
03/23/07 (H) Moved CSHB 15(FSH) Out of Committee
03/23/07 (H) MINUTE(FSH)
03/27/07 (H) FSH RPT CS(FSH) 2DP 3NR 1AM
03/27/07 (H) DP: LEDOUX, REPRESENTATIVE SEATON
03/27/07 (H) NR: JOHNSON, HOLMES, EDGMON
03/27/07 (H) AM: WILSON
05/02/07 (H) RES AT 1:00 PM BARNES 124
05/02/07 (H) Scheduled But Not Heard
05/07/07 (H) RES AT 1:00 PM BARNES 124
05/07/07 (H) Moved CSHB 15(RES) Out of Committee
05/07/07 (H) MINUTE(RES)
05/08/07 (H) RES RPT CS(RES) NT 6DP 3NR
05/08/07 (H) DP: REPRESENTATIVE SEATON, KOHRING,
EDGMON, WILSON, ROSES, GATTO
05/08/07 (H) NR: GUTTENBERG, KAWASAKI, JOHNSON
01/23/08 (H) TRANSMITTED TO (S)
01/23/08 (H) VERSION: CSHB 15(RES)
01/25/08 (S) READ THE FIRST TIME - REFERRALS
01/25/08 (S) STA, RES, FIN
02/21/08 (S) STA AT 9:00 AM BELTZ 211
02/21/08 (S) Heard & Held
02/21/08 (S) MINUTE(STA)
03/11/08 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 296
SHORT TITLE: CRIME VICTIM COMPENSATION FUND
SPONSOR(S): STATE AFFAIRS
02/27/08 (S) READ THE FIRST TIME - REFERRALS
02/27/08 (S) STA, FIN
03/04/08 (S) STA AT 9:00 AM BELTZ 211
03/04/08 (S) Heard & Held
03/04/08 (S) MINUTE(STA)
03/11/08 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 278
SHORT TITLE: VETERAN INFO ON PFD APPLICATIONS
SPONSOR(S): SENATOR(S) WIELECHOWSKI
02/19/08 (S) READ THE FIRST TIME - REFERRALS
02/19/08 (S) STA
03/11/08 (S) STA AT 9:00 AM BELTZ 211
BILL: HB 284
SHORT TITLE: PFD ALLOWABLE ABSENCE: FELLOWSHIPS
SPONSOR(S): REPRESENTATIVE(S) HAWKER
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) STA, FIN
01/24/08 (H) STA RPT 4DP 1NR
01/24/08 (H) DP: JOHANSEN, ROSES, DOLL, LYNN
01/24/08 (H) NR: COGHILL
01/24/08 (H) STA AT 8:00 AM CAPITOL 106
01/24/08 (H) Moved Out of Committee
01/24/08 (H) MINUTE(STA)
01/30/08 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/30/08 (H) Moved CSHB 284(FIN) Out of Committee
01/30/08 (H) MINUTE(FIN)
01/31/08 (H) FIN RPT CS(FIN) 5DP 4NR
01/31/08 (H) DP: CRAWFORD, HAWKER, THOMAS, NELSON,
CHENAULT
01/31/08 (H) NR: GARA, STOLTZE, KELLY, MEYER
02/13/08 (H) TRANSMITTED TO (S)
02/13/08 (H) VERSION: CSHB 284(FIN)
02/15/08 (S) READ THE FIRST TIME - REFERRALS
02/15/08 (S) STA, HES
03/11/08 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
REPRESENTATIVE PAUL SEATON
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 15.
JIM MARCOTTE, Executive Director
Board of Fisheries
Juneau AK
POSITION STATEMENT: Answered questions regarding HB 15.
RICKY GEASE, Executive Director
Kenai River Sport Fishing Association
Soldotna AK
POSITION STATEMENT: Spoke in opposition to parts of HB 15.
SENATOR BILL WIELECHOWSKI,
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented SB 278.
KATHERINE PUSTAY, Staff
to Senator Wielechowski
Alaska State Legislature
POSITION STATEMENT: Presented SB 278.
JERRY BURNETT, Director
Administrative Services
Department of Revenue (DOR)
POSITION STATEMENT: Answered questions regarding SB 278.
DAVID GLENN
Vietnam Veterans of America 903
Wasilla AK
POSITION STATEMENT: Spoke in favor of SB 278.
MAURICE BAILEY, President
Veterans Aviation Outreach
Wasilla AK
POSITION STATEMENT: Spoke in favor of SB 278.
RUSSELL KELL
Vietnam Veterans of America Chapter 904
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
RON SIEBELS
Military Order of the Purple Heart
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
TIM WHEELER, Secretary
Alaska Veterans Business Alliance
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
KEVIN McGEE, President
AFGE Local 3028
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
RAYMOND REYNOLDS
American Legion Post 29
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
JOHN YOUMANS
Alaska Services to Disabled Veterans Business Alliance
Anchorage AK
POSITION STATEMENT: Spoke in favor of SB 278.
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented HB 284.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:21:17 AM. Present at the call to
order were Senators McGuire, French, and Bunde. Senators Stevens
and Green arrived soon thereafter.
SB 296-CRIME VICTIM COMPENSATION FUND
9:21:27 AM
CHAIR MCGUIRE announced the consideration of SB 296. She said
when it was heard last there was a recommendation for more
direction to the Violent Crimes Compensation Board for pursuing
payments, so a letter of intent was drafted.
SENATOR BUNDE moved to adopt the letter of intent. Hearing no
objection, it was so ordered.
9:22:30 AM
SENATOR BUNDE moved to report SB 296, with the letter of intent,
from committee with individual recommendations and attached
fiscal note(s). Hearing no objection, SB 296 and the letter of
intent moved from committee.
HB 15-BOARD OF FISHERIES CONFLICTS OF INTEREST
CHAIR MCGUIRE announced the consideration of HB 15. [Before the
committee was CSHB 15(RES).]
9:23:01 AM
CHAIR MCGUIRE reminded the committee that Amendment 1, 25-
LS0114\K.2, is before committee. She suggested a discussion
about whether to incorporate the Board of Agriculture and
Conservation into HB 15.
9:24:17 AM
SENATOR FRENCH said the memo from the sponsor dated 3/7/08
persuaded him [not to]. The primary function of the Board of
Agriculture is authorizing loans. The majority of the board
members must be involved in commercial production of
agriculture, and currently the members must recuse themselves
when dealing with a loan that affects a direct competitor.
Access to proprietary information is integral to the loan
deliberations. The amendment would allow direct competitors
access to the information, which is unlike the Board of
Fisheries that enacts a multitude of fishery regulations and has
nothing to do with authorizing loans. That is a key difference.
SENATOR MCGUIRE noted that Senator Green had objected to
Amendment 1.
SENATOR GREEN removed her objection to Amendment 1.
SENATOR MCGUIRE withdrew Amendment 1.
SENATOR BUNDE moved to adopt the Senate committee substitute
(CS) to CSHB 15, labeled 25-LX0114\L, as the working document.
SENATOR FRENCH objected to ask what changed in the CS.
REPRESENTATIVE PAUL SEATON, Alaska State Legislature, explained
that after the bill passed the House, some laws had changed, so
now it refers to the correct citation.
9:27:32 AM
SENATOR GREEN said she is concerned because it allows those with
a vested interest to deliberate. They are not recused from the
discussion, only from the final vote. She asked if the bill
gives them voting rights.
REPRESENTATIVE SEATON said not if they have a financial
interest.
SENATOR GREEN said the fisheries board doesn't allow the public
a second chance to object to what someone has said. So she will
object to passing it from committee.
CHAIR MCGUIRE asked if she can offer any changes.
SENATOR GREEN said the whole purpose of bill is to allow
[conflicted members] to deliberate.
REPRESENTATIVE SEATON said yes, to bring their expertise to the
Board of Fish and to allow them to deliberate - but not to vote.
There are two parts to the bill, and the second part narrows the
definition of family.
SENATOR STEVENS pointed out that former Representative Tillion
said when he was fisheries czar under Governor Hammond that the
members of the board who knew about an issue couldn't
participate. That's a disservice to everyone, "if you let
everyone participate who knows nothing about the area." He
supports the bill.
9:30:36 AM
SENATOR GREEN said it has been a long time since she has been at
a Board of Fish meeting, but the discussion portion is critical
and can't be refuted by anyone in the audience. If the counter
position is not part of the discussion, then a balanced
viewpoint can't be attained. If the board opened up the
discussion again - which they're not going to do, it might be
different. The board works now. If board members don't know the
other side of the story on a particular issue then they can't
get the information from anyone in the audience.
CHAIR MCGUIRE asked Representative Seaton if he thought about
opening it again for public comment after the deliberations.
REPRESENTATIVE SEATON said this isn't meant to get into those
technical details. Issues come before the board and are assigned
to subcommittees for full discussion and public participation.
Afterwards, the subcommittees come back and make recommendations
to the board. The board takes public testimony first. It then
goes into committee deliberations. When the committee is
deliberating they can call an at-ease and then take questions to
other people. A conflicted member leaves the room and cannot be
part of the deliberation process.
9:33:54 AM
SENATOR MCGUIRE noted Senator Green's concern and asked if there
is another step that can be added to allay her concerns.
JIM MARCOTTE, Executive Director, Board of Fisheries, said the
board could change the steps in the meeting. It is not dictated
by statute. There are three opportunities for public comment,
including during sign-up.
SENATOR GREEN asked if the sign-up is directed at the agenda or
does it "bring forth a fact that someone might not know?"
MR. MARCOTTE said it's open for all of the items that are before
the board. During the committee process there is ample time for
public involvement because there are public panel members and
two or three board members in the committees. It may spend up to
a day going through a list of a couple of dozen proposals. So
each proposal gets a thorough review at that time. They explore
compromises and amendments.
9:36:16 AM
SENATOR GREEN asked if non-members of the panel can testify.
MR. MARCOTTE replied it's primarily through the panel members,
but the format is town-hall style, so members are liberal about
including any discussion if someone has a burning issue or if
they have expertise. It is very open at that point. Then the
final public input is responding to the written committee
report. The reports are presented and then there is a period of
about a day or two when the public can respond. It is a common
practice to catch board members in the hallways and during
breaks. There is lots of opportunity for public input, but not
once the board begins its final deliberations.
9:38:03 AM
SENATOR GREEN asked if the department [of fish and game] can
answer questions at that time.
MR. MARCOTTE said the department is at table as staff to the
board. The department, as a whole, is available to field
questions. Enforcement representatives and the Department of Law
are there too.
SENATOR STEVENS said he attended meetings for about five years,
and it seems that everyone knew everyone else's business,
including everyone's personal investments. Is it dangerous to
pass this bill and give a member of the board too much power?
MR. MARCOTTE said neither the department nor the board has taken
a position, but generally the board is comfortable with this.
Members feel that their ability to participate has been
infringed in certain instances. He doesn't think the bill is
potentially harmful. This isn't a sweeping change because a
conflicted member still can't vote. Allowing discussion is seen
as a positive step, as is narrowing the definition of family.
There are checks and balances to keep board members from being
self serving. The chair can rule someone out of line, and there
is the risk of getting crosswise with the public.
9:41:41 AM
SENATOR GREEN said she appreciates his comments but since
neither the board nor the department has taken a stand, she
considers them to be personal.
RICKY GEASE, Executive Director, Kenai River Sport Fishing
Association, Soldotna, said HB 15 "does a good job in terms of
the legislative stuff, because it actually lasers it in if you
personally have the financial interest. I think that's a very
good portion of this bill and I think that should go forward."
He is concerned about allowing participation after public
testimony. There is plenty of opportunity for board members who
are conflicted out to talk to other board members. "But when
you're in a public process and you're asking for the public to
trust an unbiased opinion on a decision, and you have somebody
up there with a financial interest - a personal financial
interest - and you may say we're just getting information - but
you can direct department staff through questioning and through
the absence of questioning on certain issues - you … make sure
that your side of the argument is better represented." Board
members may not see that as a problem at this point, but it will
diminish the trust from user groups. Now all user groups are on
equal standing - "you can say your share and you're in front of
unbiased board members, and if somebody had a direct financial
conflict, they're not part of that deliberation." There is trust
in the process now and all the information gets out there prior
to deliberation. When there isn't information, the board is good
about taking a break and getting it. The goal is to ensure that
when the public leaves a meeting, they feel that the process is
good and unbiased, whether they like the decision or not. "But I
do think you're tainting the process by putting a person in
deliberation with a direct financial interest."
9:45:30 AM
SENATOR MCGUIRE held HB 15 in committee.
SB 278-VETERAN INFO ON PFD APPLICATIONS
CHAIR MCGUIRE announced the consideration of SB 278.
9:45:58 AM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, said SB 278
helps the state and veterans groups find help for Alaska
veterans. It asks applicants to the permanent fund dividend
(PFD) if they are American military veterans. This will help
Alaska help its veterans to access federal programs and benefits
that they have earned. The bill stems from these services being
underutilized. Alaska has the highest per capita number of
veterans in the nation, and retirement checks and benefits
contribute more than $1 billion to the economy. The benefits
include health care, burial rights, disability compensation,
survivor benefits, housing loans, spousal assistance, college
assistance, and vocational assistance. Only one in five veterans
receives the benefits that are available. By increasing this, it
will help families and it will create a significant economic
boost to communities across the state. SB 278 will bring in
millions of dollars from the federal government. The intent of
the bill is to create a list of known veterans in the state for
use by veterans groups to inform people of their entitlements.
9:48:02 AM
SENATOR GREEN noted that it is not mandatory. She asked if other
states have a similar program.
KATHERINE PUSTAY, Staff to Senator Wielechowski, said she will
find out.
SENATOR BUNDE asked if he is using the PFD since everyone
applies for one, but wouldn't the driver's license work as well?
SENATOR WIELECHOWSKI said that's another option, but not
everyone has a driver's license.
9:49:25 AM
SENATOR BUNDE said SB 278 is well-intentioned, but it could
expand into a burden for the department. Will there be other
expectations for mining data from the PFD application, like
people who need housing assistance or health care?
JERRY BURNETT, Director, Administrative Services, Department of
Revenue (DOR), explained that the PFD Division provides
information to any state or federal agency on request. The
difference here is that more information is requested on the
application. There is a small fiscal note for redesigning it and
a little extra work. "It's not a great amount of work. I don't
see that this would create any issues of the type that you're
concerned about."
SENATOR BUNDE asked if a veteran's group would query the
division to find the information.
9:51:42 AM
MR. BURNET said his understanding is that the information would
be provided to the Department of Military and Veterans Affairs
(DMVA) in a usable format. The bill allows the PFD division to
provide the information directly to veteran groups, but it will
be more efficient to give it to the DMVA. The information
collected will include the years of service and the branch.
"It's fairly simple once it's in there."
SENATOR BUNDE asked it that information is available from the
federal government.
MR. BURNETT said this bill was not his idea, but his
understanding is that there is no way to know when people move
to Alaska or where they are.
SENATOR BUNDE asked if a veteran's group could get that
information from the federal government and this will just cut
out a step for them.
MR. BURNETT said the federal government may not know addresses,
because veterans are not tracked for any particular purpose.
SENATOR GREEN asked if the bill needs an effective date.
MR. BURNETT said it will go into effect 90 days after passage
and be on the 2009 application for the 2008 dividend.
SENATOR STEVENS asked if the DMVA communicates with veterans. He
is one but has never heard from the DMVA. Does it send out
information on available benefits?
9:54:46 AM
MR. BURNETT said he isn't from DMVA so he can't answer that.
SENATOR BUNDE said some people are concerned about privacy, so
would the form indicate that the check-off is optional?
MR. BURNETT said absolutely. Veteran status will not be used, in
any way, for eligibility.
9:55:53 AM
DAVID GLENN, Vietnam Veterans of America 903, Wasilla, said he
was sent to Vietnam 43 years ago; he spent a year in the jungle
watching fellow soldiers sustain grievous injuries and death.
Some still suffer today from physical and mental injuries. It's
now reported that those veterans have a ten-year shorter
lifespan and are five times more likely to be sick. He demands
that this bill pass because thousands of these veterans have
been ignored by the federal government for decades. The
collected information will help locate veterans, "and we can
guide them through the process of collecting the benefits
promised during their military service." He expressed the view
that the Department of Revenue fiscal note is ridiculously high.
It is a blatant attempt to kill the bill, and he is insulted
that "some bureaucrat thinks we're so dumb that we don't know
what's happening." He has watched as Alaska's political process
has sunk to an all-time low with bribes and felonies. He hopes
the committee has the guts to start the healing process and
provide encouragement to the citizens by doing the right thing
for veterans. "Failure on your part to attain passage of this
bill will be a tremendous mistake on your part, and will only
contribute to the overall conception of what a poor job our
Alaska government is doing."
9:58:16 AM
CHAIR MCGUIRE thanked him and noted his interesting style.
SENATOR BUNDE thanked him for his service and said he hopes he
can disagree with him without being un-American.
MR. GLENN said he didn't accuse him of being un-American, "I
accused my Alaska government of making me feel poorly about my
Alaska government." He used harsh words to encourage the
committee to get on the stick and get things done. It's time
Alaska does something for its veterans.
CHAIR MCGUIRE clarified that the only fiscal note is from the
Department of Revenue, and it is $16,000, which is nominal. It
will change the online database and application form.
The committee took a brief at-ease at 9:59:32 AM.
9:59:57 AM
MAURICE BAILEY, President, Veterans Aviation Outreach, Wasilla,
said he was a founder of VAO and it has four airplanes and
pilots for the express purpose to find veterans in villages
scattered throughout Alaska who may not be aware of the
available benefits. By not doing what is right for veterans, the
country will end up with substandard armed forces. "We are
scraping the bottom of the barrel to get recruits for our all-
volunteer forces [because] of the way we treat our vets."
Passing this bill is the right thing to do. Veterans aren't
tracked once they leave the military. He has been flying around
Alaska for the last 45 years, and many people don't know what is
available and what they have coming.
10:01:42 AM
RUSSELL KELL, Vietnam Veterans of America Chapter 904,
Anchorage, said allocation of money from the Veteran's
Administration (VA) to Alaska is based on the number of veterans
based on the census. He once worked for the VA and questioned
the way veterans were counted. Many veterans won't be captured.
The funding goes for medical care and preventative medical care.
If someone isn't noted as a veteran and doesn't get the care, it
will cost the state more. If veterans aren't identified shortly
after getting out of the service, the education benefit will be
of less use to them. Without preventative medical care and
education, homelessness will increase. It has increased, and it
will continue to do so unless the veterans are reached more
quickly and effectively. It will be very difficult to obtain
addresses of veterans without their signatures.
10:04:49 AM
MR. KELL said, "With what's happening with state and federal
budgets, I suspect that the VA in the future is going to attempt
to share this expense with the state … and the sharing with the
state is going to depend upon how many veterans are in the
state." This information will be valuable to the state even if
it is not released. He recommends it being on the application
but said to be cautious about releasing the information. It
needs to be explained to the veterans on the application. The
information should be made available to all nationally chartered
veterans organizations.
10:06:25 AM
SENATOR MCGUIRE noted the problem of defining who is a veteran.
The bill mandates a place for an applicant to voluntarily
indicate veteran status. Will there be the same problem of
people not knowing if they are a veteran?
MR. KELL said a veteran is someone who is separated from active
duty, but it is also a person who is on active duty but served
honorably for a certain amount of time. The question could ask
if someone has served honorably for a specified length of time.
SENATOR MCGUIRE asked if that would be 180 days.
MR. KELL said he believes so.
SENATOR STEVENS asked if this will impact the census.
MR. KELL said no, it will be tool to gauge the validity of the
census and if the state is getting its fair due from the VA. He
said some have said that the DMVA may want to minimize the
impact of the numbers because it evaluates based on the total
population. The total population is very important in
determining how well it is doing its job and how much money
comes to the state.
10:10:11 AM
SENATOR BUNDE said he's troubled by a definition that includes
someone who is currently serving. How can you be a veteran and
continue to serve?
MR. KELL said it is in Title 38 of the U.S. Code. Section 101
has the federal definition.
SENATOR FRENCH asked if state benefits are involved or only
federal benefits. Will it cost Alaska to identify more veterans?
SENATOR WIELECHOWSKI replied that the vast majority of benefits
are federal. There may be some state benefits.
CHAIR FRENCH said if there are state benefits they will be few
compared to the federal benefits.
10:12:28 AM
SENATOR WIELECHOWSKI said he believes there is a tuition
benefit, and there is legislation under consideration for
lowering the cost of hunting licenses for active members.
SENATOR BUNDE said identifying more veterans would be win-win:
veterans get services and the state gets the money. But he asked
where the money will go and if there will be fights about it.
SENATOR WIELECHOWSKI said it depends on the benefit. Burial
money would go to the mortuary. Education money would go to the
university. VA money goes to the state.
SENATOR GREEN noted that DMVA issued a zero fiscal note.
10:14:31 AM
SENATOR STEVENS noted a state VA housing loan program that is
widely used.
CHAIR MCGUIRE noted the state's definitions of a veteran. The
Alaska Housing Finance Corporation defines veteran differently
than Mr. Kell. Each benefit defines a veteran differently.
SENATOR BUNDE said the PFD division will need to define it. He
explained that his vote on the bill won't be based on the low
fiscal note nor based on obnoxious testimony.
CHAIR MCGUIRE suggested the sponsor review the inconsistent
definitions of veteran. One definition includes a spouse, widow,
or widower, and another is linked to war times.
SENATOR WIELECHOWSKI agreed. He doesn't want to get wrapped up
on that because the legislature is acting as a conduit. If a
person deems him or herself to be a veteran, they may be
eligible for benefits, and the bill doesn't assess eligibility.
It will just forward the names on to organizations that are out
there. But he is willing to look at a definition.
10:17:33 AM
CHAIR MCGUIRE noted there is confusion as to who is a veteran.
SENATOR STEVENS said there is no connection with the amount of
funds the state gets via the census.
SENATOR WIELECHOWSKI said a census decision by the federal
government can be challenged. It may help to get more federal
funds if a larger number of veterans were identified.
RON SIEBELS, Military Order of the Purple Heart, Anchorage, said
this bill would make it possible to reach out to veterans in
remote areas. His order supports SB 278. The problem in
attaining benefits is at the federal level; the legislature is
doing a good job at helping veterans. In his opinion a veteran
status begins once his or her military contract was honored.
SENATOR MCGUIRE said his testimony is the kind that motivates.
10:20:16 AM
TIM WHEELER, Secretary, Alaska Veterans Business Alliance,
Anchorage, said he makes contact with veterans throughout the
state, and "you would not believe how many veterans out there
don't know what benefits or information that they need to know."
SB 278 will create one database so they can get updates and
links to websites, a necessity to keep veterans informed.
10:20:55 AM
KEVIN McGEE, President, AFGE Local 3028, Anchorage, said he
represents bargaining unit employees who work at the VA. SB 278
will help identify Alaska's precious resource of its veterans.
AFGE Local 3028 is in complete support.
RAYMOND REYNOLDS, American Legion Post 29, Anchorage, expressed
support for SB 278 and anything that makes the process easier
for veterans. Many people don't get identified by a census.
JOHN YOUMANS, Alaska Services to Disabled Veterans Business
Alliance, Anchorage, said he worked for the VA in Anchorage for
24 years, and he knows there are many veterans who aren't aware
of the benefits they're entitled to. He spoke of Vietnam
veterans hiding out in the woods and not knowing what they were
entitled to. A new VA hospital is being built, and he suggested
using veterans as employees.
10:24:24 AM
SENATOR BUNDE asked if a veteran will be defined as being
honorably discharged from the U.S. armed forces.
SENATOR WIELECHOWSKI said he won't object to that.
SENATOR BUNDE said foreign nationals serve, so you can't use the
term American. He doesn't want to make an amendment on the fly,
so it should be considered in its next committee.
SENATOR GREEN said the definition should coincide with the
federal definition since this is for federal purposes.
SENATOR MCGUIRE ascertained that the committee was comfortable
leaving the definition up to the Finance Committee.
10:26:10 AM
SENATOR FRENCH moved to report SB 278 from committee with
individual recommendations and attached fiscal note(s). Hearing
no objection, SB 278 moved out of committee.
HB 284-PFD ALLOWABLE ABSENCE: FELLOWSHIPS
10:26:52 AM
CHAIR MCGUIRE announced the consideration of HB 284. [Before the
committee was CSHB 284(FIN).]
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, presented
HB 284. He said it corrects a regulatory problem on allowable
absences for qualifying for Alaska's permanent fund dividend
(PFD). He has resisted adding allowable absences in statute, but
in this case a constituent pointed out that he was denied his
dividend. He was in Italy on a Fulbright Fellowship. The current
exemption requires a student to be enrolled, but fellowships are
endowed chairs so the enrollment process is avoided. So he
wasn't "enrolled," he was occupying a fellowship chair, so he
didn't qualify for a PFD. The legislative intent was for a
student receiving secondary or postsecondary education on a full
time basis. He took up the issue with the Department of Revenue,
and it was sympathetic and asked for a fix. He suggests adding
"in a student fellowship sponsored by the United States
Department of Education or Department of State. That is how the
Fulbright Fellowship works, he explained.
10:30:18 AM
SENATOR GREEN asked if there are other comparable programs, like
the Rhodes Scholar program.
REPRESENTATIVE HAWKER said those programs do qualify now, and
the Fulbright is the only program that has this problem.
SENATOR BUNDE said endowed chairs often get a salary. He asked
if these are both teachers and students.
10:32:06 AM
REPRESENTATIVE HAWKER said testimony from the students indicated
they were just students and were not compensated.
SENATOR GREEN asked if it is three months - "most of them were
full time or 15 hours representing a nine-month stay."
REPRESENTATIVE HAWKER said the duration of fellowships can be
from three months and to a year.
SENATOR GREEN noted the mention of education on a full-time
basis and if that countermands Reference 16.
CHAIR MCGUIRE said she thinks it gets around "that whole web of
qualification and enrollment, and simply makes a specific
allowance for the fellowship."
REPRESENTATIVE HAWKER said Fulbright students are full time.
SENATOR BUNDE said if it's less than three months a person isn't
disqualified for the PFD anyway.
SENATOR GREEN said she is having trouble comporting what is in
statute with the regulation that requires a student to be
enrolled. She suggested a review of the language.
10:34:54 AM
SENATOR FRENCH said he wants to distribute an amendment for
consideration at the next hearing.
SENATOR BUNDE asked if fellowships are assumed to be full time.
REPRESENTATIVE HAWKER said he isn't aware of any that involve
part-time activity.
SENATOR FRENCH moved Amendment 1, labeled 25-LS1142\C.2, as
follows:
Page 1, line 1:
Delete "as an allowable absence"
Insert "and AmeriCorps programs as allowable absences"
Page 2, line 25:
Delete "[OR](16) or (17)
Insert "or (16) - (18)
Page 3, line 2, following "(17)":
Insert "serving as a volunteer under the National and
Community Service Trust Act of 1993 (AmeriCorps): (18)"
SENATOR GREEN objected.
SENATOR FRENCH said Amendment 1 corrects an inequity in
exception 14 that allows a Peace Corp volunteer to collect a PFD
but not an AmeriCorps volunteer. For example, a Peace Corps
volunteer could be across the river in Mexico from an AmeriCorps
volunteer in Texas, and only the one in Mexico would get a PFD.
10:37:10 AM
SENATOR MCGUIRE asked for the number of people involved.
REPRESENTATIVE HAWKER said that amendment was introduced on the
House floor, and there was no information on the program so it
wasn't adopted. It is now a separate bill in the House.
SENATOR BUNDE asked to hear from the PFD division.
SENATOR STEVENS said he has no idea what AmeriCorps is.
SENATOR FRENCH asked the sponsor if he supports it.
REPRESENTATIVE HAWKER said he doesn't have enough information,
but it should be addressed on its own merit. The public and
students would be best served without the amendment at this
time.
10:39:34 AM
SENATOR MCGUIRE said she will allow HB 284 to carry over to the
next hearing on Thursday.
SENATOR FRENCH said he means no disrespect to the sponsor but
it's a natural outgrowth of a 90-day session that requires such
efficiency.
There being no further business to come before the committee,
Chair McGuire adjourned the meeting at 10:40:44 AM.
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