Legislature(2005 - 2006)HOUSE FINANCE 519
03/30/2005 09:00 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB127 | |
| HB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 127 | |||
| HB 75 | |||
HOUSE FINANCE COMMITTEE
March 30, 2005
9:06 a.m.
CALL TO ORDER
Co-Chair Meyer called the House Finance Committee meeting to
order at 9:06:38 AM.
MEMBERS PRESENT
Representative Mike Chenault, Co-Chair
Representative Kevin Meyer, Co-Chair
Representative Bill Stoltze, Vice-Chair
Representative Eric Croft
Representative Richard Foster
Representative Mike Hawker
Representative Jim Holm
Representative Reggie Joule
Representative Mike Kelly
Representative Carl Moses
Representative Bruce Weyhrauch
MEMBERS ABSENT
None
ALSO PRESENT
Representative Lesil McGuire; Suzanne Cunningham, Staff,
Representative Kevin Meyer; Sharon Barton, Director,
Permanent Fund Dividend Division, Department of Revenue;
Heath Hilyard, Staff, Representative Mike Kelly; Jenny
Pursell, Alaska Wildlife Alliance, Juneau
PRESENT VIA TELECONFERENCE
Russell Walker, Anchorage; Shelly Brewer, Anchorage; Joe
Sullivan, Anchorage; Denmer Wells, Anchorage; Brian
Brubaker, Anchorage; Justin Barbalace, MatSu; Ken Day,
Homer; Chris Day, Homer; John Toppenberg, Director, Alaska
Wildlife Alliance, Anchorage; Jennifer Yuhas, Alaska Outdoor
Council
SUMMARY
HB 127 "An Act relating to service in the peace corps and
to service as a diplomat in the United States
Foreign Service as allowable absences from the
state for purposes of eligibility for permanent
fund dividends and to the period for filing an
application for a permanent fund dividend;
authorizing the Department of Revenue to issue
administrative orders imposing sanctions for
certain misrepresentations or other actions
concerning eligibility for a permanent fund
dividend and providing for administrative appeal
of those orders; and providing for an effective
date."
CSHB 127 (FIN) was REPORTED out of Committee as
amended with a "do pass" recommendation and with
the accompanying zero fiscal note #1 by the
Department of Revenue.
HB 75 "An Act relating to promoting and preserving sport
hunting in the state."
CSHB 75 was heard and HELD in Committee for
further consideration.
9:06:50 AM
HOUSE BILL NO. 127
"An Act relating to service in the peace corps and to
service as a diplomat in the United States Foreign
Service as allowable absences from the state for
purposes of eligibility for permanent fund dividends
and to the period for filing an application for a
permanent fund dividend; authorizing the Department of
Revenue to issue administrative orders imposing
sanctions for certain misrepresentations or other
actions concerning eligibility for a permanent fund
dividend and providing for administrative appeal of
those orders; and providing for an effective date."
9:07:27 AM
REPRESENTATIVE LESIL MCGUIRE, sponsor, spoke in support of
HB 127. She reported that the Peace Corps provides an
important service and its members return to Alaska and
contribute to the state. Peace Corps volunteers were one of
the original groups that were a recognizable exemption from
the eligibility requirements for the permanent fund
dividend. Representative McGuire highlighted the many
contributions made by members of the Peace Corps. She
explained that the second part of the bill would give civil
penalty authority to the Department of Revenue to crack down
on dividend fraud.
Vice-Chair Stoltze asked if this is the same bill as last
year's bill. Representative McGuire replied yes. She noted
that a Peace Corps Volunteer application has been included
in the members' packets (copy on file.)
9:12:14 AM
RUSSELL WALKER, ANCHORAGE, (via teleconference) shared his
Peace Corps experiences in Africa. He explained that a
Peace Corps worker is alone in the country and that some
have died in service to the United States. He submitted
written testimony about "Fallen Peace Corps Volunteers
Memorial Project"(copy on file.) He testified in support of
HB 127.
SHELLY BREWER, ANCHORAGE, (via teleconference) requested
that the permanent fund dividend be reinstated for future
Peace Corps workers. She shared her experience as a Peace
Corps worker in Romania.
9:18:41 AM
JOE SULLIVAN, ANCHORAGE, (via teleconference) shared his
experiences in Zambia in the Peace Corps. He spoke in favor
of HB 127.
9:22:15 AM
DENMER WELLS, ANCHORAGE, (via teleconference) shared his
Peace Corps experiences in Thailand and testified in support
of HB 127.
BRIAN BRUBAKER, ANCHORAGE, (via teleconference) spoke in
support of HB 127 and in support of Peace Corps workers.
9:28:45 AM
JUSTIN BARBALACE, PALMER, (via teleconference) spoke as a
Peace Corps nominee in support of HB 127.
Co-Chair Meyer closed public testimony.
9:30:10 AM
Co-Chair Meyer MOVED to ADOPT Amendment 1 which reads as
follows:
Page 2, line 29:
Delete "[OR](14), or (15)"
Insert "or (15)[14)]"
Vice-Chair Stoltze OBJECTED for discussion purposes.
SUZANNE CUNNINGHAM, STAFF, REPRESENTATIVE KEVIN MEYER,
explained that Amendment 1 closes a loophole regarding the
eligibility of a spouse or a dependant of a Peace Corps
volunteer to also receive a permanent fund dividend.
Vice-Chair Stoltze asked about previous legislation related
to this bill. Representative McGuire spoke in favor of
Amendment 1.
Vice-Chair Stoltze WITHDREW his OBJECTION.
There being NO OBJECTION, Amendment 1 was adopted.
9:33:22 AM
Representative Croft WITHDREW Amendment 2 and stated that he
would work with the sponsor on his ideas.
Representative Weyhrauch MOVED to ADOPT Amendment 3, which
reads as follows:
Page 1, line 1, following "Act":
Insert "relating to voter registration and voting for
purposes of eligibility for permanent fund dividends;"
Page 1, following line 7:
Insert a new bill section to read:
"* Section 1. AS 43.23.005(a) is amended to read:
(a) An individual is eligible to receive one
permanent fund dividend each year in an amount to be
determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of
application;
(3) was a state resident during the entire
qualifying year;
(4) has been physically present in the state
for at least 72 consecutive hours at some time during
the prior two years before the current dividend year;
(5) is
(A) a citizen of the United States;
(B) an alien lawfully admitted for
permanent residence in the United States;
(C) an alien with refugee status under
federal law; or
(D) an alien that has been granted
asylum under federal law;
(6) was, at all times during the qualifying
year, physically present in the state or, if absent,
was absent only as allowed in AS 43.23.008; [AND]
(7) was in compliance during the qualifying
year with the military selective service registration
requirements imposed under 50 U.S.C. App. 453 (Military
Selective Service Act), if those requirements were
applicable to the individual, or has come into
compliance after being notified of the lack of
compliance;
(8) is registered to vote in state elections
if the individual was qualified to register to vote in
state elections during the qualifying year; and
(9) voted in the most recent general
election held before the current dividend year if the
individual was qualified to vote in that general
election."
Page 1, line 8:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 4, line 12:
Delete "secs. 3 - 5"
Insert "secs. 4 - 6"
Page 4, line 15:
Delete "sec. 4"
Insert "sec. 5"
Page 4, line 16:
Delete "sec. 5"
Insert "sec. 6"
Page 4, line 19:
Delete "Section 6"
Insert "Section 7"
Page 4, line 20:
Delete "Sections 3 - 5"
Insert "Sections 4 - 6"
Page 4, line 21:
Delete "Sections 1 and 2"
Insert "Sections 1 - 3"
Representative Weyhrauch explained that the intent of the
amendment is to get citizens to have registered and voted in
the last general election before receiving a permanent fund
dividend.
Co-Chair Meyer OBJECTED. He spoke of a concern about
putting a higher standard on Peace Corps workers than other
citizens. Representative Weyhrauch replied that Amendment 3
would treat all people who apply for a permanent fund
dividend equally. Co-Chair Meyer asked how it would apply
to military personnel. Representative Weyhrauch explained
that it would be the same; they would have to register and
vote first.
9:35:45 AM
Representative Hawker applauded the intent of the amendment,
however, he pointed out that many people do not vote because
of religious reasons. He stated that he does not want to
disenfranchise those people.
Representative Holm warned against unintended consequences
of mandating voting requirements.
Representative Joule asked Representative McGuire if
Amendment 3 would raise any constitutional issues.
Representative McGuire opined that it would. She expressed
that "as much as we want people to vote," there are First
Amendment reasons why some people choose not to vote. She
concurred with Representative Holm's warning against
unintended consequences.
9:38:49 AM
Representative Croft related that he tried to draft a
similar bill that would require a person to have voted in
order to receive a dividend, but he could not get beyond the
difficulties of religious exemption and a person's right not
to vote. He expressed concern about forcing people to vote.
He commented that he would rather see more informed voters
and not more forced voters. He reported that he couldn't
support Amendment 3.
Representative Weyhrauch summed up the issue of free choice
and the right to vote or not to vote. He opined that it is
not right to force a person to vote because voting is a
privilege and not an obligation. He voiced concern that
money is given out to those who are not physically or
politically present in the state, and the list of abuses
continues to grow. He summarized a concern that citizens
have a fundamental obligation to participate in democracy
and vote, and if they don't they should not be paid a
permanent fund dividend check. The state should allow
exempt Alaskans to collect a permanent fund dividend check
only when they return to the state so that the state can
receive the benefits of their presence in the state. He
acknowledged that legal issues raised by the sponsor and the
committee exist.
9:44:43 AM
Representative Kelly mentioned mechanical challenges raised
by Amendment 3. He noted that he understands the spirit of
the bill.
9:46:10 AM
SHARON BARTON, DIRECTOR, PERMANENT FUND DIVIDEND DIVISION,
DEPARTMENT OF REVENUE, related that the Department of
Revenue would need a year to inform recipients of the
changes caused by Amendment 3.
Representative Weyhrauch WITHDREW Amendment 3.
9:47:31 AM
Vice-Chair Stoltze MOVED to report CS HB 127 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 127 (FIN) was REPORTED out of Committee as amended with
a "do pass" recommendation and with accompanying zero fiscal
note #1 by the Department of Revenue.
9:48:54 AM
HOUSE BILL NO. 75
"An Act relating to promoting and preserving sport
hunting in the state."
REPRESENTATIVE MIKE KELLY, sponsor, explained that HB 75 is
intended to clearly express the Legislature's protection of
hunting as an integral part of Alaska's cultural heritage.
This bill was brought to the sponsor by a constituent and is
modeled after legislation considered by the Michigan,
Minnesota, and Montana. Hunting, fishing, and trapping have
always been a core component of our heritage and livelihood
in Alaska. This bill creates greater clarity in directing
the Commissioner of Fish and Game and the Board of Game to
adopt regulations and enforce existing statutes in a manner
consistent with protecting Alaskans' rights to utilize our
fish and game resources.
Representative Kelly related that there was some concern
about HB 75 negatively impacting bear viewing. He noted
that he has spoken with Representative Seaton about this
concern. It is the Attorney General's opinion and a
legislative legal opinion that HB 75 does not limit the
Commissioner's ability to rule on bear viewing, fishing,
hunting, and trapping. He pointed out that the bill has the
support of the Outdoor Council and the North American Bear
Foundation, and broad support from around the state.
Vice-Chair Stoltze stated a potential conflict of interest
because he is on the board of directors of the Outdoor
Council, which has endorsed this bill.
9:51:49 AM
KEN DAY, HOMER, (via teleconference) stated opposition to HB
75. He opined that the Commissioner and the Board of Game
should promote all user groups, including the wildlife
viewing industry. He maintained that the Board of Game
ignored testimony from wildlife viewers, other conservation
groups, elders, and biologists, and many other testifiers.
He cited a National Park Service study and an Institute of
Social and Economic Research (ISER) study that showed how
important wildlife viewing is to the state. He suggested
that HB 75 should go before the voters of Alaska.
Representative Hawker MOVED to ADOPT the proposed work draft
for HB 75, version 24-LS0359\Y, Utermohle, 3/24/05.
Representative Joule OBJECTED for discussion purposes. He
requested an explanation of the changes in the new CS.
9:56:38 AM
HEATH HILYARD, STAFF, REPRESENTATIVE KELLY, explained the
differences in version Y. There is now legislative intent
stating the ongoing commitment to constitutional provisions
for common use and sustained yield principles. The intent
is not to encroach upon wildlife viewing groups. Section 2
has been revised by placing the new language in the "Powers
and duties of the commissioner" rather than in "Functions of
the commissioner". The language "in conjunction with" was
removed to allow for greater autonomy by the boards and the
commissioner.
Representative Joule WITHDREW his OBJECTION. There being NO
OBJECTION, version Y was adopted.
9:59:26 AM
CHRIS DAY, HOMER, (via teleconference) spoke in opposition
to HB 75. As a commercial wildlife business operator, she
stated concerns about the tightening of constrictions by the
Board of Game. She suggested rewriting the bill to include
viewing operations.
JENNY PURSELL, ALASKA WILDLIFE ALLIANCE, JUNEAU,
acknowledged that the new changes in the bill have mitigated
some concerns. One concern that remains is the exclusion of
the non-consumer group in the bill. She maintained that the
bill is unnecessary because language "common use and
sustainable yield" are already noted in the state
constitution. She asked the committee to consider adding
wildlife-viewing groups.
10:04:24 AM
JOHN TOPPENBERG, DIRECTOR, ALASKA WILDLIFE ALLIANCE,
ANCHORAGE, (via teleconference) raised concern that the bill
is an attempt to bypass wildlife viewing groups, the non-
consumptive viewers. He spoke in opposition to HB 75.
JENNIFER YUHAS, ALASKA OUTDOOR COUNCIL, FAIRBANKS, (via
teleconference) expressed support for HB 75. She related
that the public should have information about managing
outdoor uses, and the Department of Fish and Game should be
free to disclose that information. She maintained that
previous testifiers are anti-hunting.
HB 75 was heard and HELD in Committee for further
consideration.
ADJOURNMENT
The meeting was adjourned at 10:10 AM
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