Legislature(1995 - 1996)

04/23/1996 03:43 PM STA

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

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