Legislature(2005 - 2006)BELTZ 211
04/28/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| SB122 | |
| HB181 | |
| HB201 | |
| HB229 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 181 | TELECONFERENCED | |
| + | HB 201 | TELECONFERENCED | |
| + | HB 229 | TELECONFERENCED | |
| = | SB 121 | ||
| = | SB 122 | ||
HB 201-PERM. FUND DIVIDEND APPS OF MILITARY
CHAIR GENE THERRIAULT announced HB 201 to be up for
consideration.
3:54:49 PM
ERIC DELAND, Staff to Representative Chenault, explained the
purpose of HB 201 is to help individuals who are serving on
active duty with the U.S. armed services to file a Permanent
Fund application. This would be accomplished by means of a power
of attorney.
CHAIR THERRIAULT asked whether personnel preparing for
deployment are typically encouraged to sign a power of attorney.
If so, is the form specific or general.
MR. DELAND responded a spouse typically signs a general power of
attorney before being deployed.
CHAIR THERRIAULT asked if the Permanent Fund Dividend Division
finds the form acceptable with respect to its interpretation of
the statute.
MR. DELAND replied when he asked the division why the standard
form wouldn't apply he was told that legislative change was
necessary.
SENATOR THOMAS WAGONER questioned why that would be if a power
of attorney had been signed.
3:57:42 PM
SHARON BARTON, Director, Permanent Fund Dividend Division,
explained that with few exceptions the statute specifically
requires an individual to personally sign the application so a
power of attorney isn't allowed.
SENATOR CHARLIE HUGGINS drew on his military experience and
offered the opinion that the bill is a good idea. He wasn't
concerned about abuse of the system and asked Ms. Barton if she
had concerns.
MS. BARTON responded the division had early concerns related to
representing another's intent because the statute requires
intent to return and remain in the state. The House CS sought to
remedy that by requiring the member to sign a separate statement
saying they intend to return.
SUE WRIGHT, Staff to Representative Chenault, explained that
intent is included within a general power of attorney so this
should no longer be a concern of the Permanent Fund Division.
MS. BARTON said the division has no problem implementing the
provisions of the bill but according to Mr. Poag it would need a
technical amendment to remedy the requirement to sign.
MS. WRIGHT clarified that the original version of HB 201 passed
the House; it was not a committee substitute.
MR. POAG, Assistant Attorney General, Department of Law (DOL)
said Director Barton expressed concern about opening the door
wider than necessary to address the problem and she would
probably like to be heard.
MS. BARTON said the division would do whatever the legislature
directs, but it sees no reason to implement the provision for
any military personnel beyond those serving under hostile
fire/imminent danger.
CHAIR THERRIAULT asked if the sponsor wanted the power of
attorney to apply to any military personnel serving outside the
state.
MS. WRIGHT said Representative Chenault respectfully feels that
certain military personnel could be deployed with such speed
that they may not have the time to prepare or sign a PFD
application. He feels very strongly that no one in a military
uniform should in any way be impeded from applying for his/her
PFD. The general power of attorney that is signed under the
direction of the Alaska post should be sufficient.
CHAIR THERRIAULT asked Senator Huggins to offer his view.
SENATOR HUGGINS said he would echo Ms. Wright's comments and
added that this is a common sense vehicle.
CHAIR THERRIAULT commented it's difficult to strike a balance
between allowing entrance to the deserving while squeezing out
fraud.
SENATOR HUGGINS said when you make the mesh smaller you entangle
more people. Although he doesn't want to open the window, he has
no concern about fraud here.
SENATOR ELTON said he didn't have a problem with \A version
because it applies only to members of the armed forces serving
outside the United States.
CHAIR THERRIAULT agreed and said that addresses much of his
concern.
SENATOR ELTON said he wouldn't be comfortable if the
accomodation were extended to anyone in active military status
regardless of location.
4:17:40 PM
MS. BARTON clarified that a parent or friend may file an
unsigned application on behalf of someone serving outside the
state. The application is pended until a signature is sent. HB
201 would facilitate that sort of situation, but the provision
is already there.
The other difference between the versions is that the CS
includes the statement of intent to return to the state.
CHAIR THERRIAULT remarked he didn't care for that part.
SENATOR HUGGINS reiterated his point that people who are
deployed shouldn't have to worry about their dividend.
There were no further questions or testimony.
4:20:26 PM
CHAIR THERRIAULT asked for the will of the committee.
SENATOR WAGONER motioned to report HB 201 and attached fiscal
notes from committee with individual recommendations.
CHAIR THERRIAULT announced that without objection, HB 201 would
move to the next committee of referral.
| Document Name | Date/Time | Subjects |
|---|