Legislature(1997 - 1998)

04/14/1998 02:37 PM Senate RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE RULES COMMITTEE                                         
                    April 14, 1998                                             
                      2:37 p.m.                                                
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Tim Kelly, Chair                                                       
Senator Loren Leman, Vice Chair                                                
Senator John Torgerson                                                         
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Robin Taylor                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR HOUSE BILL NO. 2(FIN)                                                   
"An Act allowing, for the purposes of permanent fund dividend                  
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for any            
of the following reasons:  vocational, professional, or other                  
specific education for which a comparable program is not reasonably            
available in the state; secondary or postsecondary education;                  
military service; medical treatment; service in the Congress or in             
the peace corps; to care for the individual's terminally ill                   
parent, spouse, sibling, child, or stepchild; for up to 220 days to            
settle the estate of the individual's deceased parent, spouse,                 
sibling, child, or stepchild; to care for a parent, spouse,                    
sibling, child, or stepchild with a critical life-threatening                  
illness whose treatment plan, as recommended by the attending                  
physician, requires travel outside of the state for treatment at a             
medical specialty complex; or other reasons that the commissioner              
of revenue may establish by regulation; requiring, for the purposes            
of permanent fund dividend eligibility, a state resident to have               
the intent to remain indefinitely; relating to the eligibility for             
1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of             
certain spouses and dependents of eligible applicants; and                     
providing for an effective date."                                              
                                                                               
SENATE CONCURRENT RESOLUTION NO. 23                                            
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska             
State Legislature concerning House Bill No. 2, relating to the                 
permanent fund dividend program.                                               
                                                                               
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB   2 - State Affairs Committee minutes dated 2/20/97 and 2/25/97.            
        Finance report 2/10/98.                                                
                                                                               
SCR 23 - No previous action to record.                                         
                                                                               
WITNESS REGISTER                                                               
                                                                               
Nicole Thibodeau, Staff to Representative Pete Kott                            
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on CSHB 2(FIN)                      
                                                                               
ACTION NARRATIVE                                                               
TAPE 98-4 , SIDE A                                                             
                                                                               
CHAIRMAN KELLY called the Senate Rules Committee meeting to order              
at 2:37 p.m., and noted the presence of Senators Leman, Torgerson,             
Duncan and Kelly.                                                              
                                                                               
CHAIRMAN KELLY brought CSHB 2(FIN) - PERMANENT FUND DIVIDEND                   
ELIGIBILITY before the committee and directed attention to a                   
proposed Rules SCS.                                                            
                                                                               
NICOLE THIBODEAU, staff to Representative Pete Kott, explained the             
major change made in the proposed Rules SCS is that the 72-hour                
rule is made proactive by changing the effective date January 1,               
2000.   In the Finance SCS the 72-hour rule was retroactive.  The              
72-hour rule states that people who are gone on allowable absence              
must return to the state every two years for a period of 72 hours.             
                                                                               
CHAIRMAN KELLY asked what the current rule was on allowable                    
absences.  MS. THIBODEAU clarified that right now an individual                
must return to the state every two years, but there is no specified            
period of time on how long the individual must remain in the state.            
The Senate Finance Committee expanded it so that there will be no              
more "touch and go."                                                           
                                                                               
MS. THIBODEAU also pointed out that the Senate Finance Committee               
removed some of the allowable absences including Peace Corps                   
volunteers and national athletic team participants, and those have             
been added back into the Rules SCS.  Also added are teacher                    
exchange participants and Foreign Service members.                             
                                                                               
SENATOR TORGERSON, a member of the Senate Finance Committee, noted             
that the committee had extensive debate on removing Peace Corps                
volunteers, and he had an amendment to add in Federal Emergency                
Management Agency (FEMA) volunteers, however, that amendment                   
failed.  He said he would have a problem with that particular                  
section unless FEMA volunteers are included.  He added there are               
just a few FEMA volunteers in the state that actually go out and               
volunteer their time in emergencies.                                           
                                                                               
SENATOR TORGERSON moved the following amendment to SCS CSHB 2(RLS):            
                                                                               
Amendment No. 1                                                                
                                                                               
Page 5, line 24:  After "Peace Corps" add "or volunteering services            
                 for the Federal Emergency Management Agency"                  
                                                                               
Hearing no objection, CHAIRMAN KELLY stated the amendment was                  
adopted to be incorporated into the Rules SCS.                                 
                                                                               
There was brief discussion on the "piggybacking provision" in                  
Section 10 which now provides that spouses and dependents                      
accompanying individuals who are outside the state for allowable               
absences will be eligible for a 1998 dividend.  It was noted that              
the provision was not made retroactive because it would have meant             
too big a fiscal note.                                                         
                                                                               
CHAIRMAN KELLY commented it was his understanding that the sponsor             
of the bill has agreed to accept the legislation with the Senate               
changes so that it won't have to go to a conference committee and              
MS. THIBODEAU  agreed that was also her understanding.                         
                                                                               
SENATOR LEMAN said an area where he thinks there is a  shortcoming             
and which should be addressed is people who are engaged in                     
legitimate missionary activities outside the state, and he asked               
Ms. Thibodeau if she could relate why that is not included in the              
bill.  MS. THIBODEAU responded that several people have requested              
that missionaries be included.  She related that this question was             
put to Tam Cook, Director of Legal Services, and Ms. Cook has                  
responded with a memo that would be made available to committee                
members.  She noted that Ms. Cook has advised that just the phrase             
"religious volunteers" couldn't be used, and it would necessitate              
specifically listing every type of religious volunteer.                        
                                                                               
SENATOR LEMAN moved the adoption of SCS CSHB 2(RLS), version "C",              
as amended.  Hearing no objection, the motion carried.                         
                                                                               
SENATOR LEMAN moved and asked unanimous consent SCS CSHB 2(RLS) be             
passed out of committee with individual recommendations and that it            
be approved for calendaring at the discretion of the Chair.                    
Hearing no objection, it was so ordered.                                       
                                                                               
SENATOR LEMAN moved SCR 23 - SUSPEND UNIFORM RULES FOR HB 2                    
be approved for calendaring at the discretion of the Chair.                    
Hearing no objection, it was so ordered.                                       
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 2:52 p.m.                                                 

Document Name Date/Time Subjects