Legislature(2005 - 2006)CAPITOL 124

03/17/2005 01:00 PM House MILITARY & VETERANS' AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 181 WAIVE CONTINUTING EDUC. REQ FOR MILITARY TELECONFERENCED
Moved CSHB 181(MLV) Out of Committee
*+ SB 90 ALASKA TERRITORIAL GUARD DAY TELECONFERENCED
Moved Out of Committee
*+ HB 167 DEATH CERTIFICATE FOR DECEASED VETERAN TELECONFERENCED
Moved CSHB 167(MLV) Out of Committee
*+ HB 166 VETERANS' MEMORIAL CERTIFICATES TELECONFERENCED
Moved CSHB 166(MLV) Out of Committee
*+ HB 168 VETS'/PIONEERS' HOMES RESIDENTS' INCOME TELECONFERENCED
Scheduled But Not Heard/Subcmte Assigned
*+ HB 201 PERM. FUND DIVIDEND APPS OF MILITARY TELECONFERENCED
Moved Out of Committee
+= HB 122 LIFE INSURANCE FOR NATIONAL GUARD TELECONFERENCED
Moved CSHB 122(MLV) Out of Committee
Bills Previously Heard/Scheduled
HB 122-LIFE INSURANCE FOR NATIONAL GUARD                                                                                      
                                                                                                                                
CHAIR LYNN  announced that  the next order  of business  would be                                                               
HOUSE BILL  NO. 122 "An Act  relating to payment of  premiums for                                                               
Servicemembers' Group Life Insurance on  behalf of members of the                                                               
Alaska National  Guard deployed to  a combat zone;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
REPRESENTATIVE  THOMAS  moved  to  adopt CSHB  122,  Version  24-                                                               
LS0446\X,  Bullock, 3/17/05,  as a  work draft.   There  being no                                                               
objection, Version X was before the committee.                                                                                  
                                                                                                                                
KELLY  HUBER, Staff  to  Representative  Dahlstrom, Alaska  State                                                               
Legislature, said  that this is  the second  day that HB  122 has                                                               
been  before   the  House  Special  Committee   on  Military  and                                                               
Veterans' Affairs.   It  was a  couple of weeks  ago that  it was                                                               
introduced, she  said, and  it just dealt  with the  state paying                                                               
for life  insurance premiums for National  Guard members deployed                                                               
to a combat  zone.  The discussion in this  committee created the                                                               
committee substitute  (CS), and  it goes  further than  just life                                                               
insurance, she said.                                                                                                            
                                                                                                                                
MS. HUBER said  there will be 300 people affected  by HB 122, and                                                               
the cost  will be  about $56,000.   The bill  will allow  a guard                                                               
member to  get out of a  cellular phone or motor  lease contract.                                                               
The bill also gives members time  to pay utilities, it gives them                                                               
deferments on  state loans, and  if the  member is enrolled  in a                                                               
university,  the   university  must  accommodate  them   with  no                                                               
penalties  when  they  return.    The  bill  also  allows  Alaska                                                               
Department of Fish  & Game sport permits to be  put on hold until                                                               
guard members return from combat duty.                                                                                          
                                                                                                                                
CHAIR LYNN asked for more clarification on the loans.                                                                           
                                                                                                                                
MS. HUBER said the motor  leases and cellular phone contracts can                                                               
be terminated without  penalty.  She said other  states are doing                                                               
the  same, and  it benefits  the guard  member or  spouse if  the                                                               
payment will be a hardship.                                                                                                     
                                                                                                                                
1:23:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if  anyone  else  is  going  to                                                               
testify on this.   Generally, someone could  terminate a contract                                                               
anyway, without  penalty, he said.   He  said he thinks  the bill                                                               
attempts  to say,  "This  does not  relieve you  of  the duty  of                                                               
paying any back payments that you've missed."                                                                                   
                                                                                                                                
1:25:48 PM                                                                                                                    
                                                                                                                                
MS.  HUBER said  it  is fine  with the  sponsor  to clarify  that                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE   GRUENBERG   offered   Conceptual   Amendment   1                                                               
[language would be inserted to  relate the following]:  "that you                                                               
can  terminate without  having to  pay  anything additional,  but                                                               
this doesn't  relieve you  of the  duty to  pay the  amounts past                                                               
due."                                                                                                                           
                                                                                                                                
1:26:26 PM                                                                                                                    
                                                                                                                                
MS. HUBER said the committee needs to decide this.                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  said this can  be read as  stating that                                                               
one cannot  terminate the contract unless,  prior to termination,                                                               
what  is  owed   is  paid.    It  becomes  a   condition  of  the                                                               
termination, he said.                                                                                                           
                                                                                                                                
CHAIR   LYNN  said   debts  would   not   accumulate  after   the                                                               
termination, but the person would  still owe any previous balance                                                               
due.                                                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG said, "That is exactly my intent."                                                                     
                                                                                                                                
Hearing no objection to Conceptual Amendment 1, it was adopted.                                                                 
                                                                                                                                
REPRESENTATIVE  THOMAS   asked  Ms.  Huber  about   his  previous                                                               
suggestion  of  encouraging  municipalities  to  make  exemptions                                                               
dealing with property taxes.                                                                                                    
                                                                                                                                
MS. HUBER  said the problem  was trying  to figure out  who would                                                               
pay.   If the municipalities were  going to pay, they  would need                                                               
to be invited in on the discussions, she added.                                                                                 
                                                                                                                                
1:31:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS said  maybe  it is  more  of a  resolution                                                               
encouraging  municipalities to  look  at giving  guard members  a                                                               
property  exemption.    "I  would   hate  to  see  a  soldier  go                                                               
bankrupt," he said.                                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  said the  federal Soldiers  and Sailors                                                               
Relief  Act requires  that  before any  action  is taken  against                                                               
service members on active duty,  an attorney be appointed to them                                                               
to advise them of their rights.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered   Conceptual  Amendment  2  to                                                               
delete the  word "actual",  on line  17, of  page 2,  because the                                                               
word  is  not  necessary.     Hearing  no  objection,  Conceptual                                                               
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
1:33:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  page 2, lines 25-26,  say that the                                                               
institution  of  higher  learning   should  grant  the  member  a                                                               
military leave of  absence.  "I could see  a non-caretaker member                                                               
getting  deployed   leaving  the   spouse  with   full  childcare                                                               
responsibilities, and being unable to continue their education."                                                                
                                                                                                                                
CHAIR LYNN suggested using the  term "military dependent" instead                                                               
of "spouse".                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  moved   that   the  committee   adopt                                                               
Conceptual Amendment 3, as follows:                                                                                             
                                                                                                                                
     Page 2, line 25, after "member"                                                                                            
     Insert "and military dependent"                                                                                            
                                                                                                                                
Hearing no objection, Conceptual Amendment 3 was adopted.                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  that  the  utility  payment                                                               
deferments need a test of hardship.  He said if he had an 18-                                                                   
year-old in the National Guard on  active duty, and he had plenty                                                               
of money,  "I could get  out of paying this  for all the  time my                                                               
son was on active duty."                                                                                                        
                                                                                                                                
CHAIR LYNN said he doesn't want a needs test.                                                                                   
                                                                                                                                
MS. HUBER  said the  sponsor would be  concerned about  who would                                                               
determine the hardship.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  they  should  have  to  make  an                                                               
application to the company.                                                                                                     
                                                                                                                                
1:38:00 PM                                                                                                                    
                                                                                                                                
MS. HUBER said the sponsor wants  the bill moved out of committee                                                               
today,  but  not  have  it  read across  the  House  floor  until                                                               
settling the details with Representative Gruenberg.                                                                             
                                                                                                                                
CHAIR LYNN said he wants to move good bills.                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  pointed  out  that this  is  the  only                                                               
committee, except for the House  Finance Committee that will hear                                                               
HB 122.                                                                                                                         
                                                                                                                                
1:40:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  would like  copies of  the [CS                                                               
incorporating the changes  from this meeting] to be  given to the                                                               
members.   He added that  on page 3, line  4, the term  "or other                                                               
heating fuel" needs  to be inserted t=on line 5.   He offered the                                                               
aforementioned as Amendment 4.                                                                                                  
                                                                                                                                
CHAIR LYNN,  upon hearing no objection,  announced that Amendment                                                               
4 was adopted.                                                                                                                  
                                                                                                                                
The committee took an at-ease from 1:42 p.m. to 1:45 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE  ELKINS  moved to  report  CSHB  122, Version  24-                                                               
LS0446\X,  Bullock, 3/17/05,  as  amended out  of committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG requested that the motion be withdrawn.                                                                
                                                                                                                                
CHAIR  LYNN   announced  that   the  aforementioned   motion  was                                                               
withdrawn.                                                                                                                      
                                                                                                                                
1:45:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he forgot to  remove "actual" from                                                               
line 21  "and I would  ask that that technically  be incorporated                                                               
into  Amendment 2."   He  said there  was also  a question  about                                                               
fishing licenses.                                                                                                               
                                                                                                                                
MS. HUBER said that could be  worked into subsection (e); if not,                                                               
it is something that the sponsor can review.                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMAS said  he  thinks  [the commercial  fishing                                                               
license  idea]  is important.    "When  a  young man  makes  that                                                               
commitment  to buy  a  boat and  permit, that's  quite  a bit  of                                                               
debt," he said.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  CISSNA    related   her  discomfort.    She  said                                                               
although it  is a  wonderful piece of  legislation, she  said she                                                               
wants to  make sure that guard  members are covered if  things go                                                               
wrong.  She  expressed concern that there are  other things, just                                                               
like limited entry, that have not yet been thought about.                                                                       
                                                                                                                                
1:49:14 PM                                                                                                                    
                                                                                                                                
MS.  HUBER  said  the sponsor  has  worked  with  Representatives                                                               
Thomas and Elkins, and she wants to move it out today.                                                                          
                                                                                                                                
REPRESENTATIVE CISSNA  said she supposed the  sponsor will accept                                                               
floor amendments if she thought of additional items for HB 122.                                                                 
                                                                                                                                
CHAIR  LYNN said  he  would like  to move  it  because there  are                                                               
service people who could benefit now.                                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  if there  is a  reason that  Ms.                                                               
Huber wanted an  immediate effective date rather  than the normal                                                               
period.                                                                                                                         
                                                                                                                                
CHAIR LYNN said there are troops deployed "as we speak."                                                                        
                                                                                                                                
REPRESENTATIVE  ELKINS  moved to  report  CSHB  122, Version  24-                                                               
LS0446\X,  Bullock, 3/17/05,  as  amended out  of committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no  objection, CSHB 122(MLV) was reported  out of the                                                               
House Special Committee on Military and Veterans' Affairs.                                                                      
                                                                                                                                

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