Legislature(2009 - 2010)CAPITOL 106
02/18/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB292 | |
| HJR38 | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 115 | TELECONFERENCED | |
| += | HJR 38 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 292 | TELECONFERENCED | |
HB 292-GRANTS TO DISASTER VICTIMS
8:05:43 AM
CHAIR LYNN announced the first order of business was HOUSE BILL
NO. 292, "An Act relating to grants to victims of a disaster in
this state; and providing for an effective date."
8:06:18 AM
MICHAEL O'HARE, Deputy Director, Division of Homeland
Security/Emergency Management, Department of Military & Veterans
Affairs, reviewed that the proposed legislation would increase
state individual assistance in a state-declared disaster from a
cap of $5,000 to half the amount of that which is given through
federal individual assistance, which fluctuates with the
consumer price index. A task force met and determined that
$5,000 was not enough and an increase is necessary. The task
force included representatives from the following agencies: the
Department of Commerce, Community, & Economic Development, the
Department of Health and Social Services, the Division of
Homeland Security/Emergency Management, the Alaska Housing
Finance Corporation, and the American Red Cross, and other
volunteer organizations active in disaster issues. The task
force made the decision that the best model to modernize
individual assistance to today's economy would be to provide
half of the federal individual assistance, which currently is
approximately $30,000. The proposed bill would increase the
state individual assistance grant to half of that, or
approximately $15,000 as a maximum cap to those victims of a
state declared disaster.
8:08:50 AM
MR. O'HARE related that the spring floods in 2009 were
devastating to communities in Alaska - the event was a federally
declared disaster. Out of the 40 communities affected, there
were approximately 30 households that did not qualify for
federal assistance, and all the state was allowed by statute to
provide for their individual assistance was $5,000, which Mr.
O'Hare said truly was not enough. He said the recommendation of
the task force is in the proposed legislation. He explained
that the proposed amount is needed to "provide equity in the
recovery process," not to "make them whole."
8:09:44 AM
MR. O'HARE described the relief process to the committee. He
said the state does not simply write checks. Individual
assistance officers run disaster assistance field centers in the
communities where staff members accept applications from victims
and verify the loss through on-site visits, photographs, and
receipts, or through cross-verification statements from
community leadership. The officers also verify that the victims
could not otherwise recover on their own, either using their own
finances or through insurance. The individual assistance
officers cross-reference that information to determine whether
there has been any past disaster noncompliance. Mr. O'Hare
offered to answer questions.
8:10:53 AM
MR. O'HARE, in response to Representative Seaton, explained that
if a federal disaster is declared, victims would apply for
federal disaster relief and could qualify for the maximum
$30,000; however, victims could not receive both the $30,000 and
the state relief grant money, just one or the other.
REPRESENTATIVE SEATON said that was his understanding, but noted
that the language in the bill does not support that. He
directed attention to [paragraph (1)], on page 1, beginning on
line 10, which read as follows:
(1) when the President declares a major
disaster, the governor may make a grant of an amount
whose total of federal and state shares does not
exceed the maximum amount authorized by 42 U.S.C.
5174(h) [42 U.S.C. 5178(f)] for grants payable to
individuals and families;
REPRESENTATIVE SEATON said he interprets that language to mean
that the state grant is limited to the amount of the federal
grant. For example, he said, if the federal grant had been
$7,000, the state could grant up to $7,000, but no more.
MR. O'HARE explained that individuals in a federally declared
disaster could qualify for grant money up to the maximum. Using
Representative Seaton's example, he said if the victim qualified
for $7,000 of federal money, the state is required to give 25
percent of that $7,000.
REPRESENTATIVE SEATON said he is trying to figure out the
meaning of: "the governor may make a grant of an amount whose
total of federal and state shares does not exceed the maximum".
He asked if 42 U.S.C. 5174(h) refers "the $29,000 cap."
MR. O'HARE confirmed that 42 U.S.C. 5174(h) contains the federal
cap. He reviewed the language in Section 1(b)(1) and (2). Mr.
O'Hare stated, "That's correct, in a federally declared
disaster, the governor can provide for up to that amount - that
$30,000. They will be reimbursed by the federal government for
... the amount, less 25 percent." In response to a follow-up
question from Representative Seaton, he confirmed that that
requirement is written in federal regulations.
8:15:42 AM
REPRESENTATIVE PETERSEN asked how the 30 aforementioned Alaskans
qualified for state aid, but not for federal aid.
MR. O'HARE explained that the state declaration [related to the
aforementioned 2009 flooding] encompassed a wide area of
affected river communities. He said, "They would not qualify
for a federal declaration if the community as a whole was not
widely affected, but there were individuals that were affected.
So, a federal declaration may not encompass the entire state
declared area."
8:16:36 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:16:46 AM
REPRESENTATIVE GRUENBERG expressed concern that the proposed
bill would not raise the cap even higher; however, he said he
does not want to "kill the bill with kindness." He concluded,
then, that he would not be offering an amendment to that end.
8:17:34 AM
REPRESENTATIVE GATTO directed attention to language on page 2,
beginning on line 1, which states that if the governor declares
a disaster emergency, "the governor may make a grant of an
amount not to exceed one-half of the maximum grant amount
established under (1) of this subsection". Representative Gatto
said, "There's no reference to this grant." He surmised that it
could be "a brand new grant outside of all other grants," and
offered his understanding that that would mean that the governor
could give a victim - as another grant - half of the maximum
amount of the federal grant.
MR. O'HARE confirmed that is correct.
REPRESENTATIVE GATTO said, "So, we have two grants here."
MR. O'HARE reiterated that either the federal or the state grant
can be given, not both.
REPRESENTATIVE GATTO asked Mr. O'Hare to provide an example as a
means of clarification.
MR. O'HARE proffered:
For example purposes, Representative Gatto, you are a
disaster victim in a federally declared disaster area.
You are qualified to receive up to the federal limit
of $30,000, approximately, and that is your maximum.
I, Mike O'Hare, being a disaster victim in a state
declared area or those victims we just talked about
... would be, under this provision, ... entitled to
receive up to half of that in a state grant. So, that
would be the difference.
8:20:51 AM
REPRESENTATIVE SEATON said part of his confusion is a result of
there being no language in the proposed legislation that says
the department shall seek reimbursement from the federal
government for the grant. He surmised that that language may be
in some other section that is not being modified in HB 292.
MR. O'HARE confirmed that is correct; the language is contained
in 44 U.S.C. In response to Chair Lynn, he suggested that any
confusion that committee members may be experiencing could be
cleared up by providing the language of that federal code;
however, he opined that amending the bill may "muddy the waters
as to the calculation formula - the process."
8:23:28 AM
REPRESENTATIVE GRUENBERG stated his understanding that federal
law provides the mechanism for reimbursement; therefore the
state does not need to have related language in its own law in
order to seek reimbursement from the federal government.
MR. O'HARE responded that is correct.
8:24:07 AM
MR. O'HARE, in response to Representative Petersen, confirmed
that "double dipping" - being awarded grant reimbursement from
both the state and the federal government - is not a
possibility.
8:24:39 AM
MS. WILSON related that she found the analysis in the fiscal
note helpful.
8:24:57 AM
REPRESENTATIVE GRUENBERG moved to report HB 292 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 292 was reported out of the
House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 05 HB115-OOG-DOE-2-12-10.pdf |
HSTA 2/18/2010 8:00:00 AM |
HB 115 |