Legislature(2003 - 2004)
04/08/2003 03:40 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 148-PFD: ALLOWABLE ABSENCE FOR MILITARY SVC
ANNETTE SKIBINSKI, staff to Senator Cowdery, introduced SB 148
by relating a story about a constituent who was activated and
sent overseas for ten months then left Alaska on personal
business upon his return. He was gone more than the 45 days
allowed and was subsequently denied a dividend.
The existing statute allows a member of the military to remain
outside Alaska for up to 45 days a year in addition to the time
served on active duty. SB 148 would amend the statute to allow a
180 day absence from Alaska per year in addition to active duty
time. Spouses and dependent children would be similarly
exempted.
She noted the $30,000 fiscal note reflects the retroactive
clause. The Department of Revenue would use dividend funds to
notify military personnel of the new statutory provision and
extended deadline.
SENATOR COWDERY commented the existing statute appears to
penalize those called to active duty and he was sure that was
unintended.
SENATOR FRED DYSON remarked the bill makes sense.
SENATOR GRETCHEN GUESS agreed and said she would like to move
the bill.
CHAIR GARY STEVENS advised there were others that wanted to
testify.
MS. SKIBINSKI noted the individual that precipitated the bill
was recalled to active duty and unavailable to testify.
CHAIR GARY STEVENS asked Mr. Persily to give an explanation of
the costs associated with the retroactive clause.
LARRY PERSILY, Deputy Commissioner to the Department of Revenue,
explained extending the application deadline would require
extensive notification. The department would search the database
and identify everyone who claimed military absence in recent
years and notify them of the changes. It would be a wise use of
a small amount of dividend funds to send a letter and
application to everyone who may be qualified due to the extended
deadline.
CHAIR GARY STEVENS asked what the impact would be to extend the
deadline to September 15, 2003. He asked how the department
would estimate how much money to hold to pay the late
applicants.
MR. PERSILY replied they would have to make the determination on
the dividend before any late applications came in and were
reviewed. They would examine the number of applications in June,
July, August and September plus those under review and make the
estimate. The dividend fund has a few million dollar balance
that rolls over every year because it's not possible to estimate
exactly how many checks would be paid. They would make sure
sufficient funds were held out to cover any successful
applications submitted under the extended deadline.
He further explained this would also cover people who are
discharged from the military and have just 45 days to return to
Alaska. It's the intent of the statute to have them return
because they have been claiming Alaska as their home and
collecting the dividend while they were stationed elsewhere.
With this change they would have 180 days to return to Alaska
after their discharge. As noted by the sponsor, it would also
cover people called to active duty unexpectedly. Both
populations would be covered.
SENATOR COWDERY asked whether he supported the bill.
MR. PERSILY replied he has no problem with the legislation. The
department just asks that the intention is clear.
GALE HALLER from Dillingham asked that the bill be amended to
include cases such as hers. She is an Alaska resident and
married someone in the military who did not meet residency
requirements to receive a dividend. When her husband was
transferred out of state she moved with him. As a result, she
became ineligible to receive a dividend herself because her
absence was not exempted. She argued her eligibility should not
be based on the eligibility of her spouse.
SENATOR GUESS asked that Ms. Skibinski clarify the problem Ms.
Haller spoke to.
MS. SKIBINSKI remarked Mr. Persily might have more information
than she, but at one time military personnel were covered and
spouses and children were not. She agreed to look into the
matter further if the Chair so desired.
CHAIR GARY STEVENS said they would stick to the bill before the
committee, but asked Mr. Persily to clarify that particular
situation.
MR. PERSILY said, "If I understand correctly, the law says if
you leave the state on an allowable absence, you can remain
eligible for the dividend. If you are accompanying your spouse
who's on an allowable absence, you and your children can remain
eligible. In this case, because the husband was not eligible,
her departure was not an allowable absence. She was not
accompanying an eligible Alaskan on an allowable absence." This
would apply to military, to students, or to someone going out
for medical care. If a person leaves the state to care for a
terminally ill parent and the spouse goes too both remain
eligible, but the spouse has no rights if the individual tending
to their parent isn't eligible.
SENATOR COWDERY asked if it was correct that this bill would
make it possible for military personnel to remain out of state
for up to 180 days, but at 181 days they would be ineligible.
MR. PERSILY said if, in addition to military service, someone
stayed away for 181 days before they came back to Alaska, they,
their spouse, and their children would all be denied.
SENATOR COWDERY recapped the story that precipitated the bill.
SENATOR DYSON said, "Let's move it."
CHAIR GARY STEVENS responded we have a motion to move SB 148
with the attached fiscal note and individual recommendations.
There being no objection it was so ordered.
| Document Name | Date/Time | Subjects |
|---|