Legislature(1999 - 2000)
03/16/2000 03:40 PM Senate STA
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SENATE STATE AFFAIRS COMMITTEE
March 16, 2000
3:40 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Lyda Green
Senator Gary Wilken
Senator Randy Phillips
Senator Kim Elton
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
SENATE BILL NO. 247
"An Act relating to eligibility of certain veterans for longevity
bonus payments; and providing for an effective date."
- MOVED SB 247 OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 163(JUD)
"An Act relating to qualifications of voters; relating to the
registration of voters; relating to election districts and
officials; relating to election procedures and ballots; relating to
special procedures for elections; relating to nomination of
candidates; relating to national elections; relating to special
elections and appointments; relating to constitutional amendments;
relating to election offenses and corrupt practices; relating to
election pamphlets; relating to the deferral of jury service for
certain election officials; relating to an exemption from the State
Procurement Code regarding election ballots; relating to the
provision and use of mailing addresses on permanent fund dividend
applications for election purposes; relating to the inclusion of
voter registration forms with permanent fund dividend applications;
relating to financial statements by public officials and candidates
for public office; making conforming amendments in references to
'election district,' 'chairman,' and similar terms; relating to
initiative, referendum, and recall petitions; and providing for an
effective date."
-HEARD AND HELD
SENATE JOINT RESOLUTION NO. 26
Proposing amendments to the Constitution of the State of Alaska
relating to education.
- SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 247 - See State Affairs minutes dated 3/2/00.
HB 163 - No previous Senate action.
SJR 26 - See State Affairs minutes dated 1/27/00.
WITNESS REGISTER
Mr. Laddie Shaw
Special Assistant, Office of Veterans Affairs
Department of Military & Veterans Affairs
P.O. Box 5800
Ft. Richardson, AK 99505-0800
POSITION STATEMENT: Commented on SB 247.
Mr. James Kohn
Director of Division of Alaska Longevity Programs
Department of Administration
P.O. Box 110208
Juneau, AK 99811-0208
POSITION STATEMENT: Commented on SB 247.
Ms. Annette Kreitzer
Legislative Staff for Senator Leman
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 247.
Ms. Marie Marx
Legislative Staff for Senator Leman
Alaska State Capitol
Juneau, AK 9801-1182
POSITION STATEMENT: Commented on SB 247.
Ms. Nancy Weller
Medical Assistance Administrator
Division of Medical Assistance
Department of Health & Social Services
P.O. Box 110660
Juneau, AK 99801
POSITION STATEMENT: Commented on SB 247.
Mr. Richard Schmitz
Legislative Staff for Representative Jeanette James
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 163.
Ms. Gail Fenumiai
Election Program Specialist
Division of Elections
P.O. Box 110017
Juneau, AK 99811-0017
POSITION STATEMENT: Commented on HB 163.
ACTION NARRATIVE
TAPE 00-05, SIDE A
Number 001
CHAIRMAN WARD called the Senate State Affairs Committee to order at
3:40 p.m. Present were Senators Ward, Elton, Wilken, Green, and
Phillips. The first order of business to come before the committee
was SB 247.
SB 247-VETERANS'ELIGIBILITY FOR LONGEVITY BONUS
MS. ANNETTE KREITZER, Legislative Staff for Senator Leman, stated
SB 247 deals with a narrow segment of the population who are
veterans in nursing homes and whose nursing home care is being paid
for by veteran's benefits.
MR. LADDIE SHAW, Special Assistant, Office of Veterans Affairs,
stated support for SB 247. The veterans are deserving of the
longevity benefits even if they are receiving other benefits.
CHAIRMAN WARD asked whether SB 247 is a discrimination issue if
longevity bonuses are expanded to include veterans benefits
recipients.
MR. JAMES KOHN, Director of Alaska Longevity Programs, stated no,
SB 247 would not expand longevity bonuses to any persons other than
veterans.
Number 541
SENATOR GREEN asked if people on Medicare and Social Security are
currently receiving their longevity bonuses.
MR. KOHN said yes, social security and other benefits are
considered personal income and would fall under the category of the
1992 statute. Only three categories of payment in skilled nursing
care would make a person ineligible for the longevity bonus:
Medicare, Medicaid, and veterans' benefits.
SENATOR GREEN asked why a person on Medicare would not be eligible
for the longevity bonus.
MR. KOHN stated the person on Medicare does not receive the bonus
because Medicare is a federal benefit. Anyone who is receiving
state or federal benefits for skilled nursing care immediately
becomes ineligible for the bonus. SB 247 would make an exception
to the statute.
SENATOR PHILLIPS asked where these veterans are currently residing.
MS. MARIE MARX, Legislative Staff for Senator Leman, stated one
person lives in Fairbanks, two live in Providence in Anchorage, one
in Sitka, and one in Seward.
SENATOR PHILLIPS asked to abstain from voting because he works for
Providence Hospital during the interim period. Senator Elton
objected.
CHAIRMAN WARD asked if people receiving Native corporation
dividends were still eligible for the longevity bonus.
MS. KREITZER stated if a Native corporation dividend was received
that person would be ineligible for the longevity bonus that month,
but can reapply the following month.
SENATOR PHILLIPS asked if SB 247 creates a limited entry program.
MS. MARX stated yes, it is only for people who applied before the
1997 deadline, and the application needs to be on file.
SENATOR GREEN asked if any circumstances would change the amount
received from the federal government for a person living at home,
then moving into a skilled nursing facility.
MS. KREITZER stated nothing would change the amount received from
the federal government.
SENATOR GREEN asked if a person's residency at a skilled nursing
facility impacts how much that person receives from the federal
government.
MS. MARX stated it depends on what the coverage was when that
person signed up for benefits. The monthly stipend and monthly
contract determine how much that person will receive.
SENATOR GREEN stated it is hard to differentiate between veteran's
benefits and Medicare.
MS. KREITZER stated that Senator Leman's belief is these people put
their lives at risk and are deserving of the longevity bonus.
MS. NANCY WELLER, Medical Assistance Administrator, Division of
Medical Assistance, stated Medicare has limited skilled nursing
benefits. Medicare covers nursing home care for a short duration,
usually for rehabilitation after a hospitalization. Medicaid pays
for long-term nursing care.
SENATOR GREEN asked what the definition of Medicare is.
MS. WELLER stated Medicare is a federal program funded under Title
18 of the Social Security Act. It is health care coverage that is
available to disabled people, and people age 65 and older.
SENATOR GREEN asked if people on Medicare pay premiums.
MS. WELLER replied yes. For lower income people Medicaid pays the
premium for Medicare.
SENATOR GREEN asked if a person were to pay their own premium
whether they would be eligible for the longevity bonus.
MS. WELLER stated yes.
SENATOR GREEN stated the only difference between some people is
that their premiums are paid from Medicaid for the Medicare
program. She asked if there is a distinction between people who
have Medicaid assistance with their premium and people who do not.
MS. WELLER replied people who do not receive Medicaid assistance to
pay for premiums are people who are not low income.
SENATOR GREEN stated for the purpose of longevity bonus those
people are treated the same.
MR. KOHN stated in the Medicare program a premium is paid. If one
cannot pay the premium then Medicaid will pay the premium.
Veterans do not pay a premium for veterans benefits because they
earn those benefits.
SENATOR WILKEN moved SB 247 out of committee with individual
recommendations and accompanying fiscal notes. Without objection,
the motion carried.
HB 163-DIVISION OF ELECTIONS
MR. RICHARD SCHMITZ, Legislative Staff to Representative Jeanette
James, stated HB 163 is an election statute "fix-up" and makes
minor changes. Mr. Schmitz referred to the last gubernatorial race
regarding write-in candidates and said HB 163 makes minor changes
to absentee voter regulations.
MS. GAIL FENUMIAI, Election Program Specialist, Division of
Elections, stated HB 163 updates terminology conforming to the
Optical Ballot Tabulation System the State currently uses.
HB 163 makes four changes to elections statute, the first is
regarding write-in candidates and using stickers on ballots. It
also proposes changes to the "absentee, in person" voting process
and proposes to improve the "absentee, by personal representative"
voting process for persons with disabilities. It deals with
"initiative, referendum, and recall petition" by making changes to
the statute as a result of a U.S. Supreme Court decision in Buckley
v. American Constitutional Law Foundation. Ms. Fenumiai referred
to questions handed to her by the committee.
TAPE 00-05, SIDE B
Number 2329
SENATOR ELTON asked about the 1998 gubernatorial election and a
party naming a Governor or Lt. Governor.
MS. FENUMIAI stated HB 163 pertains to the people who appear on the
primary election ballot. Write-in candidates are not allowed on
the primary election ballot.
CHAIRMAN WARD stated if a party elected two people to run for
Governor/Lt. Governor, and one person withdrew and the party chose
not to replace the running mate, that would make the Governor/Lt.
Governor ineligible to run.
MS. FENUMIAI replied yes. Under current statute there are no rules
for write-in candidates, HB 163 would make provision changes.
CHAIRMAN WARD referred to the 1998 gubernatorial election and
Senator Taylor running for Governor. Chairman Ward asked if
Senator Taylor's running mate withdrew, whether his name would
still be on the ballot.
MS. FENUMIAI stated no, it would be a write-in race because the
ballots are printed and available 25 days before the election.
People with no party affiliation must file nominating petitions.
They have the same deadline as party nominees.
SENATOR ELTON stated if HB 163 had been in statute during the
Arliss Sturgulewski, Jack Coghill, and Walter Hickel gubernatorial
race, the outcome would have been different. The party could have
refused to name a Lt. Governor and Arliss Sturgulewski's name would
have been kept off the ballot.
MS. FENUMIAI replied that has never happened in Alaska's history.
SENATOR GREEN asked if stickers are not used on the ballots whether
the write-in candidates names need to be spelled correctly.
MS. FENUMIAI stated provisions say the last name of the
gubernatorial candidates would suffice.
SENATOR ELTON stated the language in Section 1, line 10, "the month
in which a primary or general election is held," would excuse a
person from jury duty for the month of November, but they would not
be able to complete their work from October. Senator Elton offered
a friendly amendment to Section 1, line 10 to read "or that the
person summoned is employed as a full-time or temporary election
official and the jury service is during the 30 days preceding a
primary or general election." Without objection, the amendment was
adopted.
CHAIRMAN WARD asked about the name and phone number of election
supervisors.
MS. FENUMIAI replied that section relates to radio notices. The
purpose is to cut down on the length of the radio notices.
SENATOR GREEN asked Ms. Fenumiai to review the checks & balances
regarding disabled absentee ballots.
MS. FENUMIAI stated personal representatives need to identify
themselves to the election official and sign a register. The
representative takes the ballot to the disabled person. That
person must write down identification on the envelope and sign the
envelope.
SENATOR GREEN asked if this process is witnessed by a third party.
MS. FENUMIAI stated no. The integrity of the personal
representatives is upright and commendable.
CHAIRMAN WARD asked if any provisions would be altered to change
paper ballots used in elections.
MS. FENUMIAI stated no.
SENATOR WILKEN asked, if HB 163 does not pass, what the
consequences would be.
MS. FENUMIAI replied if HB 163 does not pass, the State could
possibly have a lengthy lawsuit ahead of it.
SENATOR GREEN asked if people are not required to identify
themselves when obtaining signatures, how the Division of Elections
(DOE) keeps track of the signature books.
MS. FENUMIAI stated people are required to notify the Division of
Elections who is receiving which book and their name is put on the
book. The Buckley decision stated those officials do not need to
wear a badge. At the bottom of each page of the signature book is
a notice stating whether the person collecting signatures is being
paid and, if so, by whom.
SENATOR PHILLIPS moved amendment number 2, regarding stickers being
used on ballots. He said the State should not discourage anyone
from voting. Senator Elton objected and stated if people use
stickers on ballots the State is inducing error. The amendment was
adopted with Senators Phillips, Green, and Ward voting "Yea" and
Senator Elton voting "Nay."
MS. FENUMIAI explained if a sticker were fed through the optical
ballot machine and gummed up a sensor, at the end of counting the
ballots, the tabulation would be incorrect. The Division of
Elections would not know where or when the inaccuracy began. Hand
counting ballots for a statewide race would effect all races on the
ballot and be a time consuming process.
SENATOR GREEN moved to delete Sections 63-70 relating to Buckley v.
American Constitutional Law Foundation. Without objection, the
motion carried.
CHAIRMAN WARD stated the amendments that have been adopted will be
drafted into a committee substitute. HB 163 will be held in
committee and he asked Ms. Fenumiai to clarify the language in
Sections 63-70 of HB 163 at the next meeting.
There being no further business to come before the committee
Chairman Ward adjourned the meeting at 5:12 p.m.
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