Legislature(1997 - 1998)

02/20/1997 03:37 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SENATE STATE AFFAIRS COMMITTEE                                
                       February 20, 1997                                       
                           3:37 p.m.                                           
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Lyda Green, Chairman                                                  
 Senator Jerry Ward, Vice-Chairman                                             
 Senator Jerry Mackie                                                          
 Senator Jim Duncan                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Mike Miller                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 4                                                             
 "An Act relating, for purposes of eligibility for a permanent fund            
 dividend, to an absence from the state while on an unpaid                     
 sabbatical under the longevity bonus program; and providing for an            
 effective date."                                                              
                                                                               
  - HEARD AND HELD                                                             
                                                                               
 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 speciality 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."                                             
                                                                               
  - HEARD AND HELD                                                             
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
 SB 4 - No previous action to record.                                          
                                                                               
 HB 2 - No previous action to record.                                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator John Torgerson                                                        
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of SB 4                                  
                                                                               
 Ms. Nanci Jones, Director                                                     
 Permanent Fund Dividend Division                                              
 Department of Revenue                                                         
 P.O. Box 110460                                                               
 Juneau, AK 99811-0460                                                         
  POSITION STATEMENT:   Offered information on SB 4 & CSHB 2(FIN)              
                                                                               
 Representative Pete Kott                                                      
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Prime Sponsor of CSHB 2(FIN)                           
                                                                               
 Ms. Nicole Poirrier, Legislative Intern                                       
 Representative Pete Kott's Office                                             
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Read sponsor statement on CSHB 2(FIN)                  
                                                                               
 Ms. Deborah Vogt, Deputy Commissioner                                         
 Department of Revenue                                                         
 P.O. Box 110400                                                               
 Juneau, AK 99811-0400                                                         
  POSITION STATEMENT:   Testified in support of CSHB 2(FIN) if Section         
      4 deleted                                                                
                                                                               
 Ms. Susanne Badilla                                                           
 1067 Arctic Circle                                                            
 Juneau, AK 99801                                                              
  POSITION STATEMENT:   Testified in support of CSHB 2(FIN)                    
                                                                               
 Ms. Joan Hale                                                                 
 9000 Andy Circle                                                              
 Eagle River, AK 99577                                                         
  POSITION STATEMENT:   Testified in support of CSHB 2(FIN)                    
                                                                               
 Woody Wenstrom                                                                
 730 Depauw Drive                                                              
 Fairbanks, AK 99709                                                           
  POSITION STATEMENT:   Suggested expanding scope of CSHB 2(FIN)               
                                                                               
 Ms. Jill Hockema                                                              
 4117 Bartlett St.                                                             
 Homer, AK 99603                                                               
  POSITION STATEMENT:   Testified in support of CSHB 2(FIN)                    
                                                                               
 Ms. Lydia Clark                                                               
 4317 Halibut Point Road                                                       
 Sitka, AK 99835                                                               
  POSITION STATEMENT:   Testified in support of CSHB 2(FIN)                    
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 97-6, SIDE A                                                             
 Number 001                                                                    
                                                                               
         SB 4 LONGEVITY BONUS SABBAT:PFD ELIGIBILITY                         
                                                                               
  CHAIRMAN GREEN  called the Senate State Affairs Committee to order           
 at 3:37 p.m. and brought up SB 4 as the first order of business               
 before the committee.                                                         
                                                                               
  SENATOR JOHN TORGERSON , prime sponsor of SB 4, said the main thrust         
 of SB 4 is to conform the eligibility requirements for the                    
 permanent fund dividend with the unpaid sabbatical provisions of AS           
 47.45.035, governing the longevity bonus program, so that both                
 programs will be consistent.  Under this section a recipient of the           
 longevity bonus may take an unpaid sabbatical for a period of up to           
 12 months.  A recipient having properly notified the Department of            
 Administration within a 30-day period before leaving Alaska may               
 make application upon return to the state to receive the bonus.               
 However, by law, the unpaid sabbatical recipient may only take one            
 sabbatical every five years.                                                  
                                                                               
 Senator Torgerson explained SB 4 would allow the senior citizen to            
 take a sabbatical from the state no more than once every five years           
 without losing eligibility for the permanent fund.  He said the               
 bill does not open a loophole in the eligibility process for                  
 receipt of the permanent fund; it is tailored to allow only those             
 who are in legitimate sabbaticals recognized under that statute to            
 remain eligible for receipt of the permanent fund.                            
 Number 085                                                                    
                                                                               
  NANCI JONES , Director, Permanent Fund Division, Department of               
 Revenue, said the legislation proposes to pay a person who has                
 taken a 12-month sabbatical leave a permanent fund dividend.                  
 Currently, if a person is not in the state with the longevity                 
 program more than 30 days, they begin to lose checks.  If they are            
 out of state over 90 days, then they become ineligible for the                
 program.  By allowing an allowable absence for this person who is             
 out of state 12 months, they are not getting a monthly check for              
 the longevity bonus, but they would be eligible for a dividend.               
                                                                               
 Ms. Jones said instead of that scenario, the department proposes              
 allowing a person who is on a 12-month sabbatical leave to still              
 become eligible for the dividend, but not be paid for the year that           
 they are absent, just like the longevity bonus program.  However,             
 she pointed out the one danger possible is that if a person who is            
 enrolled in this program right now takes a 12-month sabbatical and            
 is out of state for more than 180 days in one calendar year, it is            
 possible that person could be disqualified from receiving a                   
 dividend for two years.  She suggested working with the program and           
 within their regulations so that possibly they can come up with               
 something where the individual doesn't lose that second year                  
 dividend.                                                                     
                                                                               
 Number 140                                                                    
                                                                               
  SENATOR WARD  asked Ms. Jones if she thinks they will be able to             
 resolve this situation through regulations and looking at what is             
 in existence now.   MS. JONES  acknowledged that was correct, and to          
 still have the two programs on an even footing.  She added that if            
 an individual is not eligible to paid for a longevity bonus benefit           
 while absent, then the department does not believe that individual            
 should be paid a dividend while absent.                                       
                                                                               
 Number 160                                                                    
                                                                               
 There being no further testimony on SB 4,  CHAIRMAN GREEN  requested          
 that Ms. Jones work with the sponsor in addressing the department's           
 concern with the legislation before scheduling it for another                 
 hearing.                                                                      
                                                                               
 Number 180                                                                    
                                                                               
        CSHB 2(FIN) PERMANENT FUND DIVIDEND ELIGIBILITY                       
                                                                              
  CHAIRMAN GREEN  brought CSHB 2(FIN) before the committee as the next         
 order of business.                                                            
                                                                               
  NICOLE POIERRIER , a legislative intern for Representative Pete              
 Kott, read the following sponsor statement into the record:                   
                                                                               
 "HB 2 rights the wrong done by a particular court ruling.  The                
 ruling's effects have unintentionally excluded spouses from                   
 receiving permanent fund dividends in the event an individual                 
 leaves the state under an allowable absence and the spouse                    
 accompanies an individual.                                                    
                                                                               
 "Historically the spouse is allowed to piggy-back on the individual           
 leaving the state under an allowable absence.  A court ruling                 
 changed this status by stating that marriage cannot be the reason             
 used to determine a person's residence eligibility.                           
 Unintentionally, the effect of this ruling has disrupted the                  
 allowable absences traditionally accepted which include a spouse              
 accompanying an individual for purposes of military service,                  
 medical treatment and educational pursuits.  Students who leave the           
 state on allowable absences remain eligible for the permanent fund            
 while their spouses who accompany them are ineligible.  Similarly,            
 service members who leave the state on allowable absences remain              
 eligible for the permanent fund while the spouses are ineligible.             
                                                                               
 "Through monetary incentives the ruling has effectively encouraged            
 families to break apart for lengthy periods of time.  The situation           
 is deplorable and will be remedied by HB 2.                                   
                                                                               
 "HB 2 excuses an individual from an absence of the state when the             
 reason for the absence includes accompanying another eligible                 
 resident, who is absent for a reason permitted under this section,            
 as the spouse, minor dependent, or disabled dependent of the                  
 eligible resident.                                                            
                                                                               
 "Effective January 1, 1998, HB 2 will restore to spouses the status           
 they had prior to the Superior Court's unfortunate ruling.  In                
 addition, this bill will permit Alaskans who, because of the                  
 Court's ruling, did not previously qualify, to apply for prior year           
 dividends, provided they: (1) would have been otherwise eligible              
 for prior year dividends; and (2) apply for the prior year dividend           
 during the 1998 application period.                                           
                                                                               
 "HB 2 passed the House unanimously.  This bill is good public                 
 policy.  I urge your support."                                                
                                                                               
 Number 195                                                                    
                                                                               
  CHAIRMAN GREEN  noted the presence of Senator Mackie.                        
                                                                               
 Number 227                                                                    
                                                                               
  REPRESENTATIVE PETE KOTT , prime sponsor of HB 2, came to the table          
 to respond to questions from committee members.  Responding to an             
 inquiry by Chairman Green, he said the fiscal note from the                   
 Department of Revenue shows two part-time people will be required             
 to verify the applications of persons filing.  Conceivably, there             
 are 14,000 applications that potentially represents anywhere from             
 five to seven thousand individuals, although he doesn't think                 
 anybody has a good grasp of the actual number.  He also explained             
 that when that court decision was rendered, it really established             
 two classes of people.  There were a number of cases in appeal to             
 the division for a number of reasons, and as those appeals were               
 resolved, those individuals were paid.  These were individuals who            
 would have otherwise been affected by the court decision, but                 
 because their appeals were heard in a most expeditious manner, they           
 were paid.  However, there was this other group that had appeals in           
 the process, but because of the court decision, they were left out.           
 So, there were two groups of people and that was reason they went             
 back to 1992.                                                                 
                                                                               
  CHAIRMAN GREEN  asked if he has extrapolated what the impact of this         
 legislation would be on future dividends.   REPRESENTATIVE KOTT               
 responded that at the upper end it could effect the dividend by               
 about an $11 reduction in individual dividends, although it could             
 be substantially lower.                                                       
                                                                               
  CHAIRMAN GREEN  suggested that maybe at some point the issue of how          
 long an individual can be out of state for any reason and continue            
 to receive a dividend should be addressed and at some point have a            
 cut-off date.                                                                 
                                                                               
 Number 295                                                                    
                                                                               
  SENATOR MACKIE  asked at what point do people that move away from            
 military service no longer become Alaska residents or qualify for             
 Alaska Permanent Fund Dividends.  He questioned if somebody comes             
 here from Oklahoma and serves in the Air Force for a year or two              
 and then they are transferred somewhere else with probably no                 
 intention of returning, how long are they being carried on the                
 books as Alaska residents, if they were in the state long enough to           
 become a resident and have their spouse become a resident.  He also           
 asked if a military person leaves Alaska and marries someone, does            
 that spouse have to have been an Alaska resident in order to                  
 qualify.  He said he full well appreciates our armed forces, but              
 what bothers him and a lot of other people is people that come to             
 the state for one or two years, but then they leave with no intent            
 to return but still qualify for dividends.   REPRESENTATIVE KOTT              
 commented that his questions were getting to the heart of the                 
 problem, which is trying to define "intent."  He said it is a                 
 difficult issue whether it relates to the military or to students.            
                                                                               
                                                                               
 Number 370                                                                    
                                                                               
  DEBORAH VOGT , Deputy Commissioner, Department of Revenue, said over         
 the years the department has supported legislation such as HB 2 to            
 provide benefits to the spouses of individuals who are on allowable           
 absences, whose benefits were foreclosed by the court decision.               
 The department has a program that the Legislature has set up to               
 permit a number of categories of individuals to leave for permitted           
 purposes.  Through the years the department has felt that it is               
 more equitable for all of the members of a family to be paid if               
 some of them are.                                                             
                                                                               
 However, Ms. Vogt related that the department does have some                  
 difficulty with the retroactivity portions of the legislation. One            
 reason is that for a person that was absent in 1992, the                      
 information is getting fairly stale for the department to now make            
 a determination on whether the absence was permissible under the              
 rules and the intent that the individual harbored in 1992.                    
                                                                               
 Another reason she would raise is that the Legislature has not                
 passed the legislation in three different iterations.  The                    
 department held a number of these cases open for years while the              
 Legislature considered several of these bills, thinking that the              
 Legislature was going to reverse the court's decision in this area            
 and allow them to pay these people.  Last year when the legislation           
 failed, the department resolved those cases by denying those                  
 appeals.  Ms. Vogt said it now seems uncomfortable to them to go              
 back and reopen all the cases and pay folks for those past years.             
 She reiterated the department favors the legislation on an ongoing            
 basis, but would oppose it in its retroactive application.                    
                                                                               
 Ms. Vogt said the department has a list of 11 allowable absences,             
 most of which were enacted by the Legislature, but the department             
 does have the statutory authority to add to the list at the                   
 department level if the commissioner so chooses, although they                
 would rather not.  She said every line that you draw has inequities           
 on one side or another.  Her personal preference would be to have             
 it just like the longevity bonus program, people are not paid while           
 they are gone from the state.                                                 
                                                                               
 Responding to Senator Mackie's concern about how long people can be           
 gone and still keep getting paid, Ms. Vogt said there are a couple            
 of rules, one of which is a departmental regulation and the other             
 the Legislature passed.  One is the two-year rule, where people are           
 automatically ineligible if they have not been physically in the              
 state sometime within the last two calendar years before their                
 application.  She noted that when the Legislature passed that law             
 a lot of people who had been gone for many years became ineligible            
 and were no longer able to stay on the roles.                                 
                                                                               
 Number 456                                                                    
                                                                               
  CHAIRMAN GREEN  asked if there has been a visible difference since           
 the two-year requirement was passed, and  MS. VOGT  acknowledged              
 there was a very dramatic difference after that.  She said the                
 other rule that addresses that issue is a regulation that says                
 after a person has been gone for five years, that individual is               
 presumed to no longer be a resident.                                          
                                                                               
 Number 470                                                                    
                                                                               
  SENATOR MACKIE  inquired as to the actual number of spouses that             
 would be eligible under this legislation.   NANCI JONES , Director,           
 Permanent Fund Division, related the cumulative number from 1992 up           
 to 1996 is 5,900.  The application period for the 1997 dividend is            
 still open, but it is estimated there will be an additional 2,500             
 applicants.  Ms. Jones added that the retroactive provision is the            
 section of the bill that the division disagrees with because it is            
 setting a bad precedent; it is opening up a filing schedule for               
 people who never filed before.                                                
                                                                               
 Number 540                                                                    
                                                                               
  SENATOR DUNCAN  asked what the department's position was on CSHB
 2(FIN).    MS. VOGT  responded that the department supports the               
 legislation without Section 4.   MS. JONES  added their support for           
 the first section of the bill which is separating the residency               
 from the eligibility requirements by putting it into statute.                 
                                                                               
 Number 555                                                                    
                                                                               
  SENATOR MACKIE  asked if the department would agree that the                 
 original intent of the program was to allow for the spouses, and              
 the reason they haven't been receiving the dividend is because it             
 is the court that has said that they don't comply.  He then asked             
 why they wouldn't support this legislation if it fixes the original           
 intent of the program.   MS. VOGT  clarified that the department does         
 support the legislation, but without the retroactive portion                  
 because (1) the information is stale, and (2) because of the                  
 failure of the Legislature to pass this legislation in the last               
 three years.                                                                  
                                                                               
 Number 566                                                                    
                                                                               
  CHAIRMAN GREEN  opened the meeting to public testimony.                      
                                                                               
  SUSANNE BADILLA  of Juneau, testifying in support of HB 2, said she          
 has been a resident of Alaska since 1979 and had been receiving               
 permanent fund dividends since the program's inception.  In 1994              
 she and her husband decided to move their family of five to                   
 Washington for a year so that her husband could attend college to             
 get a special education endorsement.   Because the family was out             
 of state for 180 days in two separate calendar years, she was                 
 denied dividends for both of those years; however, her husband and            
 children continued to receive their dividends.  She said as the               
 statute now stands, it penalizes spouses who choose not to be                 
 separated from their families, as well as putting a financial                 
 burden on families who are depending on the dividend to make ends             
 meet.  She urged the committee to rectify the situation by passing            
 HB 2.                                                                         
                                                                               
  TAPE 97-6, SIDE B                                                            
 Number 015                                                                    
                                                                               
  JOAN HALE , testifying from Anchorage in support of HB 2, stated she         
 has lived in Alaska since 1977, except for temporary absences when            
 her husband was stationed in Mississippi for his military service.            
 While they were out of state, her husband and children continued to           
 receive their dividends, and she received hers until 1994 when she            
 was denied the 1994 dividend after the court ruling came down, in             
 spite of the fact that she had returned and was living permanently            
 in the state.  To demonstrate their intent to return and remain               
 permanently she and her family returned once in 1992 for three                
 weeks and twice in 1993 for a total of four weeks.  She said she              
 and her family followed the rules that were required to maintain              
 their residency for the dividend, but none of the information they            
 provided to the department was considered in the denial during the            
 appeal process.  The sole reason for the denial was the arbitrary             
 exclusion of the piggyback rule.  Ms. Hale then filed suit after              
 all attempts through the permanent fund appeal process had failed.            
 They prevailed in Superior Court; Judge Shortell agreed that the              
 Department of Revenue had erred in applying the Zieler case as the            
 sole reason for the denial of Ms. Hale's 1994 dividend as there               
 were other factors that must be considered and they were not.  The            
 department has filed an appeal with the Supreme Court and is                  
 demanding that the Hales pay its courts cost should the department            
 prevail, but on the other hand, the department is unwilling to pay            
 any of the costs incurred by the Hale family.  She urged the                  
 committee's support for HB 2.                                                 
                                                                               
 Number 075                                                                    
                                                                               
  WOODY WENSTROM , testifying from Fairbanks, said in 1992 he was the          
 recipient of an international teaching fellowship.  This fellowship           
 sent him and his family to Australia for the entire year of 1992.             
 Because of this they were denied the 1993 dividend, and because               
 they arrived back home during the second week in January of 1993,             
 they were also denied the 1994 dividend.  He said the statute                 
 provides that professional educational development and sabbaticals            
 are allowable allowances for receiving the dividend.  The Fairbanks           
 North Star Borough School District has informed the Department of             
 Revenue that they consider his fellowship a sabbatical and the                
 Department of Education considers his fellowship professional,                
 educational development, but the Department of Revenue refuses to             
 accept these letters as acceptable to award he and his family the             
 dividend.  He suggested the best way to handle this situation is to           
 include in the bill his situation as a international teaching                 
 fellow as an allowable absence to receive the dividend.                       
                                                                               
 Number 100                                                                    
                                                                               
  JILL HOCKEMA , testifying from Homer in support of HB 2, said she            
 was born and raised in Ketchikan, living there until 1993 when she            
 moved to Oregon with her spouse, who is in the U.S. Coast Guard.              
 The whole time they were gone, she maintained her Alaska residency            
 and she returned to the state every single year that they were                
 gone, but she has been denied dividends since 1994.  She was                  
 informed by the department that she was denied the 1996 dividend              
 solely because she did not own a home in Alaska and she chose to              
 work outside of the state while her husband was serving his tour of           
 duty.  Ms. Hockema said she has been a resident for thirty years              
 and she feels like she is being penalized for marrying a member of            
 the military who gets transferred out of state and even if they               
 have every intent to move back.                                               
                                                                               
 Number 152                                                                    
                                                                               
  LYDIA CLARK , a resident of Sitka, voiced her strong support for HB
 2.  Her husband was diagnosed in Sitka with ALS in 1994.  They were           
 told to seek better medical care in the Lower 48, which they did,             
 and, as a consequence, she and her children lost their eligibility            
 for leaving with him.  She and the children returned to Sitka in              
 July 1995, and they have been denied the permanent fund dividend              
 for 1995, 1996 and they will be in review for 1997.                           
                                                                               
 Number 192                                                                    
                                                                               
 There being no further public testimony,  CHAIRMAN GREEN  stated              
 there were a couple of things she wants to check on relating to the           
 bill, and that the bill would be back before the committee the                
 following week.                                                               
                                                                               
 There being no further business to come before the committee, the             
 meeting adjourned at 4:45 p.m.                                                
                                                                               
                                                                               

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