HOUSE BILL NO. 285 "An Act relating to an optional exemption from municipal property taxes for residences of widows and widowers of certain members of the armed forces of the United States; and providing that this Act may be known as the Sergeant Irving Hernandez, Jr., Act." KAREN LIDSTER, STAFF, REPRESENTATIVE JOHN COGHILL, spoke regarding HB 285. She explained that the bill had been brought to Representative Coghill's office as a petition through Fairbanks North Start Borough. The widow of a soldier who wants to stay in the area was seeking assistance. House Bill 285 asks for an optional exemption from municipal property taxes for residences of widows and widowers of certain members of the armed forces of the United States. Ms. Lidster referred to a sectional that shows a few of the changes that were made in the previous committee (On File). The specific name of the soldier was removed as well as language limiting time. The bill as it stands gives the municipality as much leeway as needed to decide whether to have the exemption and to set up application standards. 2:43:12 PM Vice-Chair Stoltze wondered about the status of "missing in action but not declared dead" soldiers. Ms. Lidster said that had not been discussed during the review by Military and Veterans Affairs. Vice-Chair Stoltze voiced concerns about whether the language was broad enough. Representative Hawker wondered if the language qualifications "armed forces of the United States" and "eligible for hostile fire or imminent danger pay" include all the people the sponsor intends to include. He asked if there were organizations that could be perceived as not being included. For example, would it include National Guard units detached and serving on active duty. Ms. Lidster said she would have that clarified. 2:47:15 PM Representative Hawker wanted the language to include the exact meaning and scope intended. Vice-Chair Stoltze agreed with Representative Hawker regarding inclusiveness. He cited an example of a group that did not achieve veteran status until there was an act of Congress. 2:49:04 PM Co-Chair Chenault opened public testimony. SUSAN FERNANDEZ, SELF (TESTIFIED VIA TELECONFERENCE), spoke in support of HB 285. Ms. Fernandez identified herself as the widow of Sergeant Irving Hernandez, Jr., who was killed in Iraq on July 12, 2006. She described her financial difficulties after losing half their income. She wants to stay in Alaska with her children. 2:51:12 PM Co-Chair Meyer closed public testimony. Co-Chair Chenault wondered if the bill pertains to all military members killed in the line of duty going back to World War II, or if there is a cut-off date. His understanding was that the municipalities would set the parameters regarding who would qualify. Representative Thomas wondered if a widow would lose the exemption through remarriage. 2:53:58 PM REPRESENTATIVE JOHN COGHILL, SPONSOR, answered that details could be worked out in each community. He anticipated different communities would and should make different rules depending on local circumstances. Representative Thomas referred to the case of a national guardsman who was killed in Iraq who had been living with a woman and their children and wondered if she would also be considered a widow. Representative Coghill answered that his intent in the bill was that whoever is entitled to survivor benefits under the law would be entitled to the tax exemption. Representative Thomas thought the point should be made on the floor. Vice-Chair Stoltze reiterated that the program is optional. 2:56:06 PM Co-Chair Chenault MOVED to report CSHB 285 out of Committee with individual recommendations and accompanying fiscal note #1. There being NO OBJECTION, it was so ordered. CSHB 285 (CRA) was REPORTED out of Committee with a "do pass" recommendation and with zero note #1 by the Department of Commerce, Community and Economic Development. 2:58:07 PM