HB 201-PERM. FUND DIVIDEND APPS OF MILITARY    CHAIR GENE THERRIAULT announced HB 201 to be up for consideration.   3:54:49 PM ERIC DELAND, Staff to Representative Chenault, explained the purpose of HB 201 is to help individuals who are serving on active duty with the U.S. armed services to file a Permanent Fund application. This would be accomplished by means of a power of attorney. CHAIR THERRIAULT asked whether personnel preparing for deployment are typically encouraged to sign a power of attorney. If so, is the form specific or general. MR. DELAND responded a spouse typically signs a general power of attorney before being deployed. CHAIR THERRIAULT asked if the Permanent Fund Dividend Division finds the form acceptable with respect to its interpretation of the statute. MR. DELAND replied when he asked the division why the standard form wouldn't apply he was told that legislative change was necessary. SENATOR THOMAS WAGONER questioned why that would be if a power of attorney had been signed. 3:57:42 PM SHARON BARTON, Director, Permanent Fund Dividend Division, explained that with few exceptions the statute specifically requires an individual to personally sign the application so a power of attorney isn't allowed. SENATOR CHARLIE HUGGINS drew on his military experience and offered the opinion that the bill is a good idea. He wasn't concerned about abuse of the system and asked Ms. Barton if she had concerns. MS. BARTON responded the division had early concerns related to representing another's intent because the statute requires intent to return and remain in the state. The House CS sought to remedy that by requiring the member to sign a separate statement saying they intend to return. SUE WRIGHT, Staff to Representative Chenault, explained that intent is included within a general power of attorney so this should no longer be a concern of the Permanent Fund Division. MS. BARTON said the division has no problem implementing the provisions of the bill but according to Mr. Poag it would need a technical amendment to remedy the requirement to sign. MS. WRIGHT clarified that the original version of HB 201 passed the House; it was not a committee substitute. MR. POAG, Assistant Attorney General, Department of Law (DOL) said Director Barton expressed concern about opening the door wider than necessary to address the problem and she would probably like to be heard. MS. BARTON said the division would do whatever the legislature directs, but it sees no reason to implement the provision for any military personnel beyond those serving under hostile fire/imminent danger. CHAIR THERRIAULT asked if the sponsor wanted the power of attorney to apply to any military personnel serving outside the state. MS. WRIGHT said Representative Chenault respectfully feels that certain military personnel could be deployed with such speed that they may not have the time to prepare or sign a PFD application. He feels very strongly that no one in a military uniform should in any way be impeded from applying for his/her PFD. The general power of attorney that is signed under the direction of the Alaska post should be sufficient. CHAIR THERRIAULT asked Senator Huggins to offer his view. SENATOR HUGGINS said he would echo Ms. Wright's comments and added that this is a common sense vehicle. CHAIR THERRIAULT commented it's difficult to strike a balance between allowing entrance to the deserving while squeezing out fraud. SENATOR HUGGINS said when you make the mesh smaller you entangle more people. Although he doesn't want to open the window, he has no concern about fraud here. SENATOR ELTON said he didn't have a problem with \A version because it applies only to members of the armed forces serving outside the United States. CHAIR THERRIAULT agreed and said that addresses much of his concern. SENATOR ELTON said he wouldn't be comfortable if the accomodation were extended to anyone in active military status regardless of location. 4:17:40 PM MS. BARTON clarified that a parent or friend may file an unsigned application on behalf of someone serving outside the state. The application is pended until a signature is sent. HB 201 would facilitate that sort of situation, but the provision is already there. The other difference between the versions is that the CS includes the statement of intent to return to the state. CHAIR THERRIAULT remarked he didn't care for that part. SENATOR HUGGINS reiterated his point that people who are deployed shouldn't have to worry about their dividend. There were no further questions or testimony. 4:20:26 PM CHAIR THERRIAULT asked for the will of the committee. SENATOR WAGONER motioned to report HB 201 and attached fiscal notes from committee with individual recommendations. CHAIR THERRIAULT announced that without objection, HB 201 would move to the next committee of referral.