Legislature(2017 - 2018)HOUSE FINANCE 519
04/06/2017 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB47 | |
| HB131 | |
| HB127 | |
| HB141 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 47 | TELECONFERENCED | |
| + | HB 131 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 141 | TELECONFERENCED | |
| += | HB 127 | TELECONFERENCED | |
HOUSE BILL NO. 127
"An Act relating to a permanent fund dividend for an
individual whose conviction has been vacated,
reversed, or dismissed; and relating to the
calculation of the value of the permanent fund
dividend by including payment to individuals eligible
for a permanent fund dividend because of a conviction
that has been vacated, reversed, or dismissed."
2:26:33 PM
Representative Wilson referred to page 1, line 10 and read
the following:
…individual's conviction is vacated or reversed, and
(1) the charges on which the conviction was based are
later dismissed; or
(2) the individual is retried and found not guilty.
Representative Wilson wondered whether the language meant
that if a conviction had been merely vacated a person was
not eligible under the bill.
REPRESENTATIVE SCOTT KAWASAKI, SPONSOR, relayed that the
bill was not necessarily introduced to address the
Fairbanks Four. He voiced that the bill was intended to
address anyone who was wrongfully convicted and
incarcerated and was denied the ability to receive a
Permanent Fund Dividend (PFD). He deferred any questions
regarding the Fairbanks Four to the Department of Law. He
noted that he had a copy of the agreement between Attorney
General Craig Richards and the individuals known as the
Fairbanks Four.
Representative Wilson believed that the Fairbanks Four
would not be eligible under the bill. She cited previous
testimony from the individual members of the Fairbanks Four
who testified in favor of the bill.
2:29:25 PM
HILARY MARTIN, LEGISLATIVE LEGAL, JUNEAU (via
teleconference), did not know the answer to the question.
Representative Wilson repeated the question.
KACI SCHROEDER, ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, replied that the Fairbanks
Four would fall under the bill because the convictions were
vacated, and the charges were dismissed. Representative
Wilson asked for verification that all the charges against
the Four were dismissed. Ms. Schroeder replied in the
affirmative.
Representative Thompson asked about the difference between
overturned, dismissed, and vacated. Ms. Schroeder answered
that all the judgements were vacated in the case of the
Fairbanks Four. She added that vacated and reversed meant
to annul. The words were used interchangeably.
2:32:31 PM
Representative Guttenberg pointed to page 1, line 10 after
the word "reversed" in the bill and asked if the comma was
considered an Oxford comma that separated the clauses. Ms.
Schroeder replied in the affirmative.
Representative Pruitt asked how many people were eligible
under the provisions in the bill. Ms. Schroeder did not
have the data. She believed the bill sponsor had the exact
numbers. Representative Pruitt spoke of a previous
situation when the governor had the ability to pardon
people. He wondered whether previously pardoned people had
the ability to claim their dividend. Ms. Schroeder
responded that the bill did not include pardons. She
deferred the question to the Department of Revenue.
Representative Kawasaki relayed the difficulty to obtain
data regarding the issue and that DOL did not track the
information, however, he discovered that the Court System
produced some data for a similar bill in the 29th
legislature. He reported that the number showed that 19 to
23 individuals between the years 2011 and 2015 were
eligible.
Representative Pruitt believed that the bill was
retroactive to 1982 at the start of the PFD distribution.
He wondered if the sponsor had any idea how many
individuals would be eligible since 1982. He also asked
whether the bill provided for interest accrual.
Representative Kawasaki answered that the bill did not
contain a provision applying interest to the retroactive
payments. He added that DOR would determine the value of
the PFD for each year the individual applied for and DOL
would decide eligibility. The bill provided for an
application period of 120 days after the bill was signed
into law. Representative Pruitt asked whether the
appropriations would come out of the Earnings Reserve
Account (ERA) of the Permanent Fund. Representative
Kawasaki answered that the money would be paid from a
specific "Reserve for Prior Year Dividend Liabilities." He
explained that DOR established the reserve account for
circumstances when prior year dividends were owed, which
was why the fiscal note was zero.
2:38:30 PM
Representative Pruitt commented that prisoners PFDs were
applied to health care costs or victim's compensation and
the funds were already spent. He asked whether any future
"conflicts" might arise from the issue that the funds were
already spent and used money from the reserve account for
compensation. Representative Kawasaki thought it was a
policy call. He believed that a person who went to jail and
was wrongfully convicted was a victim. He contended that
the legislation was for the wrongfully convicted.
Representative Pruitt wanted to understand any ancillary
fiscal effects of the bill. He agreed that if a person was
wrongfully convicted their life was disrupted. He wanted to
ensure that the reserve fund would be the absolute source
of the reimbursement funding. Representative Kawasaki
reiterated that the issue was a policy call. He believed
that when a person was placed in jail and wrongfully
convicted the state owed the victims something. He pointed
out that the individual was denied the benefit of applying
for the PFD.
Representative Pruitt requested that DOR answer the
question. He merely wanted to understand the fiscal
ramifications from the bill.
2:41:45 PM
JERRY BURNETT, DEPUTY COMMISSIONER, TREASURY DIVISION,
DEPARTMENT OF REVENUE, responded that in 1982 the
incarcerated population in Alaska could apply for a PFD
until sometime in the 1990s so the retroactivity did not go
back that far. He confirmed that the money would be paid
for out of the Reserve for Prior Year Dividends, which was
calculated each year on a statistical basis. He thought the
number of people the legislation would affect was "not
significant relative to the amount of money reserved each
year." He delineated that the reserve funding was used to
pay for situations such as upheld appeals from the Office
of Administrative Hearings, Commissioner's Office, or by
the Courts. He reiterated that the bill would cover an
"insignificant" number of people relative to the total
number of appeals.
Vice-Chair Gara did not see a provision for notifying
someone who was released from wrongful incarceration
included in the bill. He thought 120 days was a short
period of time for people who were trying to piece their
lives together after release. He felt that a year was
fairer. Representative Kawasaki replied that the previous
committee engaged in discussion over the time period but
did not want to offer an amendment to lengthen the amount
of time. He announced that he would honor the will of the
committee. Vice-Chair Gara commented that he wanted the
sponsor to decide whether to offer the amendment.
Co-Chair Foster asked members to submit their amendments by
5:00 pm, Monday, 10, 2017.
HB 127 was HEARD and HELD in committee for further
consideration.