Legislature(2003 - 2004)

05/06/2004 04:55 PM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 6, 2004                                                                                           
                           4:55 p.m.                                                                                            
TAPE (S) 04-33                                                                                                                
MEMBERS PRESENT                                                                                                               
Senator Gary Stevens, Chair                                                                                                     
Senator John Cowdery, Vice Chair                                                                                                
Senator Bert Stedman                                                                                                            
MEMBERS ABSENT                                                                                                                
Senator Gretchen Guess                                                                                                          
Senator Lyman Hoffman                                                                                                           
COMMITTEE CALENDAR                                                                                                            
CONFIRMATION HEARING:                                                                                                           
     Ray Matiashowski, Commissioner designee, Department of                                                                     
     CONFIRMATION ADVANCED                                                                                                      
CS FOR HOUSE BILL NO. 536(MLV)                                                                                                  
"An Act relating to applications  for permanent fund dividends by                                                               
certain individuals serving  in the armed forces,  and to payment                                                               
of  certain  2003  and  2004  dividends;  and  providing  for  an                                                               
effective date."                                                                                                                
     MOVED CSHB 536(MLV) OUT OF COMMITTEE                                                                                       
CS FOR HOUSE BILL NO. 551(JUD) am                                                                                               
"An Act relating  to the issuance of teacher  certificates to and                                                               
revocation  of  teacher  certificates  of  persons  convicted  of                                                               
certain  felony drug  offenses  and to  the  issuance of  limited                                                               
teacher  certificates  to  persons convicted  of  certain  crimes                                                               
involving a minor and felony drug offenses."                                                                                    
     MOVED SCS CSHB 551(STA) OUT OF COMMITTEE                                                                                   
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 536                                                                                                                  
SHORT TITLE: PFUND APPLICATION DEADLINES  FOR MILITARY                                                                          
SPONSOR(s): RULES BY REQUEST OF ECON DEV, INT TRADE & TOURISM                                                                   
03/15/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/15/04       (H)       MLV, STA                                                                                               
04/06/04       (H)       MLV AT 1:00 PM CAPITOL 124                                                                             
04/06/04       (H)       Moved CSHB 536(MLV) Out of Committee                                                                   
04/06/04       (H)       MINUTE(MLV)                                                                                            
04/07/04       (H)       MLV RPT CS(MLV) NT 4DP 1NR                                                                             
04/07/04       (H)       DP: LYNN, MASEK, CISSNA, STEPOVICH;                                                                    
04/07/04       (H)       NR: DAHLSTROM                                                                                          
04/30/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
04/30/04       (H)       Moved CSHB 536(STA) Out of Committee                                                                   
04/30/04       (H)       MINUTE(STA)                                                                                            
05/01/04       (H)       STA RPT CS(STA) NT 3NR 2AM                                                                             
05/01/04       (H)       NR: SEATON, HOLM, WEYHRAUCH;                                                                           
05/01/04       (H)       AM: GRUENBERG, LYNN                                                                                    
05/01/04       (H)       TRANSMITTED TO (S)                                                                                     
05/01/04       (H)       VERSION: CSHB 536(MLV)                                                                                 
05/02/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/04       (S)       STA, FIN                                                                                               
05/06/04       (S)       STA AT 4:45 PM BELTZ 211                                                                               
BILL: HB 551                                                                                                                  
SHORT TITLE: DRUG FELONY DISQUALIFIES TEACHER                                                                                   
SPONSOR(s): JUDICIARY                                                                                                           
04/05/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/05/04       (H)       EDU, JUD                                                                                               
04/13/04       (H)       EDU AT 11:00 AM CAPITOL 124                                                                            
04/13/04       (H)       Scheduled But Not Heard                                                                                
04/15/04       (H)       EDU AT 11:00 AM CAPITOL 124                                                                            
04/15/04       (H)       Moved Out of Committee                                                                                 
04/15/04       (H)       MINUTE(EDU)                                                                                            
04/19/04       (H)       EDU RPT 1DP 1NR 2AM                                                                                    
04/19/04       (H)       DP: WOLF; NR: OGG; AM: SEATON, GATTO                                                                   
04/22/04       (H)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/23/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/23/04       (H)       Moved CSHB 551(JUD) Out of Committee                                                                   
04/23/04       (H)       MINUTE(JUD)                                                                                            
04/26/04       (H)       JUD RPT CS(JUD) NT 3DP 2NR                                                                             
04/26/04       (H)       DP: SAMUELS, OGG, MCGUIRE;                                                                             
04/26/04       (H)       NR: GARA, GRUENBERG                                                                                    
04/28/04       (H)       FIN REFERRAL WAIVED                                                                                    
04/29/04       (H)       RLS RPT CS(JUD) NT 3DP 4NR                                                                             
04/29/04       (H)       DP: KOTT, MCGUIRE, ROKEBERG;                                                                           
04/29/04       (H)       NR: BERKOWITZ, COGHILL, MORGAN,                                                                        
04/29/04       (H)       KERTTULA                                                                                               
04/29/04       (H)       RLS AT 9:00 AM FAHRENKAMP 203                                                                          
04/29/04       (H)       Moved CSHB 551(JUD) Out of Committee                                                                   
04/29/04       (H)       MINUTE(RLS)                                                                                            
05/01/04       (H)       TRANSMITTED TO (S)                                                                                     
05/01/04       (H)       VERSION: CSHB 551(JUD) AM                                                                              
05/02/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/04       (S)       STA, HES                                                                                               
05/04/04       (S)       STA AT 3:30 PM BELTZ 211                                                                               
05/04/04       (S)       Heard & Held                                                                                           
05/04/04       (S)       MINUTE(STA)                                                                                            
05/06/04       (S)       STA AT 4:45 PM BELTZ 211                                                                               
WITNESS REGISTER                                                                                                              
Ray Matiashowski,                                                                                                               
Commissioner designee                                                                                                           
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
John Bittner                                                                                                                    
Staff to Representative Cheryll Heinze                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Introduced CSHB 551(JUD) am for sponsor                                                                  
ACTION NARRATIVE                                                                                                              
TAPE 04-33, SIDE A                                                                                                            
CHAIR  GARY  STEVENS called  the  Senate  State Affairs  Standing                                                             
Committee meeting  to order  at 4:55  p.m. Present  were Senators                                                               
Cowdery, Stedman and Chair Gary Stevens.                                                                                        
                      Confirmation Hearing                                                                                  
CHAIR  GARY  STEVENS  announced   the  committee  would  take  up                                                               
confirmations.  He  asked  Mr.  Ray  Matiashowski,  Commissioner-                                                               
designee  for the  Department of  Administration to  come forward                                                               
and introduce himself.                                                                                                          
RAY  MATIASHOWSKI,  Acting-Commissioner  for  the  Department  of                                                               
Administration, introduced himself.                                                                                             
SENATOR  BERT   STEDMAN  expressed  pleasure  that   someone  who                                                               
graduated  from  the Ketchikan  school  system  was standing  for                                                               
confirmation as commissioner.                                                                                                   
SENATOR  JOHN COWDERY  motioned  to  forward Acting  Commissioner                                                               
Matiashowski's  name to  the full  body  for confirmation.  There                                                               
being no objection, it was so ordered.                                                                                          
            HB 551-DRUG FELONY DISQUALIFIES TEACHER                                                                         
CHAIR  GARY  STEVENS  announced  CSHB   551(JUD)  to  be  up  for                                                               
consideration.  He  noted that  there  was  a proposed  committee                                                               
substitute  (CS) and  asked  for  a motion  to  adopt  it as  the                                                               
working document.                                                                                                               
SENATOR  JOHN COWDERY  made  a  motion to  adopt  the \I  version                                                               
Senate CS CSHB 551 for discussion purposes.                                                                                     
CHAIR GARY STEVENS explained that  the \I version is a compromise                                                               
and provides a 10 year  look-back for felony offenses for teacher                                                               
certification  purposes rather  than the  35 year  look-back. The                                                               
compromise is  an acknowledgement  that people make  mistakes and                                                               
they can change their behavior.                                                                                                 
SENATOR BERT STEDMAN  questioned the viability of  the bill since                                                               
there  was little  support  and that  the  industry thought  they                                                               
could take  care of the  problem within their own  system without                                                               
this legislation.                                                                                                               
CHAIR GARY  STEVENS agreed there  was resistance, but  he thought                                                               
it was important to make the bill  a little better and send it to                                                               
the  Health   Education  and   Social  Services   Committee.  The                                                               
Professional Practices Commission and  the Anchorage School Board                                                               
acknowledge  that the  change to  10  years is  better, but  they                                                               
still  weren't  entirely happy  with  it,  but it's  better  than                                                               
SENATOR  JOHN   COWDERY  asked  whether   "controlled  substance"                                                               
includes alcohol.                                                                                                               
CHAIR GARY  STEVENS informed  him it  doesn't include  alcohol or                                                               
SENATOR STEDMAN reiterated  that he wasn't sure there  was a need                                                               
for the bill.                                                                                                                   
CHAIR GARY STEVENS  said it was late in the  session and it might                                                               
not make  it through the system,  but he didn't want  to hold the                                                               
SENATOR  COWDERY  motioned  to  report  SCS  CSHB  551(STA)  from                                                               
committee with  individual recommendations and zero  fiscal note.                                                               
There being no objection, it was so ordered.                                                                                    
    CSHB 536(MLV)-PFUND APPLICATION DEADLINES  FOR MILITARY                                                                 
CHAIR  GARY  STEVENS  announced  CSHB   536(MLV)  to  be  up  for                                                               
JOHN BITTNER, staff to  Representative Cheryll Heinze, introduced                                                               
the  bill for  the sponsor.  He  explained that  the bill  allows                                                               
Alaskans who  are members of  the armed services and  are serving                                                               
in  war-zone  situations  extensions   on  their  permanent  fund                                                               
dividend (PFD) application  period. As soon as they are  out of a                                                               
war-zone  situation,  they  have  90 days  to  submit  their  PFD                                                               
application.  It's  also  retroactive  for  two  years  to  cover                                                               
members of  the armed services  who were serving in  the previous                                                               
Iraqi war or the war in Afghanistan.                                                                                            
CHAIR GARY STEVENS  recapped and added that this  applies only to                                                               
those who are under hostile fire or imminent danger pay.                                                                        
MR. BITTNER agreed.                                                                                                             
SENATOR BERT STEDMAN asked how that is verified.                                                                                
MR. BITTNER said it's a military pay type.                                                                                      
SENATOR STEDMAN asked for further clarification.                                                                                
MR. BITTNER  said the permanent  fund dividend office has  had to                                                               
address  the same  type of  thing when  verifying whether  or not                                                               
members  of  the  armed  services  were  in  the  state  for  the                                                               
requisite periods  of time. The  military has certain  forms that                                                               
members of the armed services have  to turn in to prove that they                                                               
are a resident of Alaska and  they were in Alaska for the minimum                                                               
amount of  time necessary. He continued  to say that, "In  a case                                                               
like  this, [Director]  Barton ...  has told  me that  they would                                                               
require some sort  of verification like a pay stub  or a military                                                               
form of that nature."                                                                                                           
SENATOR  STEDMAN  asked  if  this would  include  people  in  the                                                               
military  that transferred  here,  lived here  for the  requisite                                                               
time to  qualify for the  PFD and  then transferred off  into the                                                               
battle  zone.  He  questioned,  "Would  they  be  able  to  claim                                                               
residency in Alaska if they  were really from Georgia and collect                                                               
that dividend?"                                                                                                                 
MR.  BITTNER said  there  are certain  requirements  for being  a                                                               
member of the  state and spending a majority of  the time outside                                                               
the state. He  pointed to the absence  guidelines for information                                                               
in the packet.                                                                                                                  
SENATOR STEDMAN said  the short answer was no. He  then asked how                                                               
many  PFD  checks   go  out  to  military   members  that  aren't                                                               
technically  Alaska residents;  they just  apply because  they're                                                               
stationed here. He assumed that  military members would apply for                                                               
residency to collect the dividend.                                                                                              
MR. BITTNER  said it's possible  to do something of  that nature,                                                               
but he didn't have a number  to give. He added that the permanent                                                               
fund has safeguards in place to try to eliminate any abuses.                                                                    
CHAIR GARY  STEVENS said there's a  bill in the House  that would                                                               
make  serious  changes to  address  students  and people  in  the                                                               
military, but that's not this bill.  This bill only deals with an                                                               
application extension  for those  under hostile fire  or imminent                                                               
SENATOR JOHN  COWDERY asked about  leaving the state  for medical                                                               
MR. BITTNER  replied this bill  wouldn't address  that situation,                                                               
but if  you're injured while  in a war  zone there is  leeway for                                                               
the commissioner  to extend  the application  period indefinitely                                                               
if you can prove reasonable cause.                                                                                              
There were no further questions.                                                                                                
SENATOR COWDERY  motioned to report CSHB  536(MLV) from committee                                                               
with individual  recommendations and  attached zero  fiscal note.                                                               
There being no objection, it was so ordered.                                                                                    
CHAIR GARY STEVENS adjourned the meeting at 5:10 p.m.                                                                           

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