Legislature(2011 - 2012)HOUSE FINANCE 519

04/04/2012 09:00 AM House FINANCE


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09:18:15 AM Start
09:18:28 AM HB190
10:11:21 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 190 PFD ALLOWABLE ABSENCE TELECONFERENCED
Heard & Held
+ HB 312 NATURAL GAS CONVERSION PROGRAM/FUND TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 4, 2012                                                                                            
                         9:18 a.m.                                                                                              
                                                                                                                                
9:18:15 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the House Finance Committee meeting                                                                     
to order at 9:18 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Joe    Michel,   Staff,    Representative   Bill    Stoltze;                                                                    
Representative  Eric   Feige,  Sponsor;   Michael  Paschall,                                                                    
Staff, Representative  Eric Feige; Debbie  Bitney, Director,                                                                    
Permanent Fund Dividend Division, Department of Revenue.                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 190    PFD ALLOWABLE ABSENCE                                                                                                 
                                                                                                                                
          HB 190 was HEARD and HELD in Committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 312    NATURAL GAS CONVERSION PROGRAM/FUND                                                                                   
                                                                                                                                
          HB 312 was SCHEDULED but not HEARD.                                                                                   
                                                                                                                                
HOUSE BILL NO. 190                                                                                                            
                                                                                                                                
     "An Act relating to the allowable absence for active                                                                       
     duty service members of the armed forces for purposes                                                                      
     of permanent fund dividend eligibility."                                                                                   
                                                                                                                                
9:18:28 AM                                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  MOVED  to ADOPT  proposed  committee                                                                    
substitute  for  HB  190, Work  Draft  27-LS0564\S  (Kirsch,                                                                    
3/28/12).                                                                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
JOE MICHEL, STAFF, REPRESENTATIVE  BILL STOLTZE, stated that                                                                    
there was  one change in the  work draft. He looked  at page                                                                    
1, line  5, which removed Section  C. He added that  on page                                                                    
4, line  15, Section  C was repealed.  He remarked  that the                                                                    
members'  packets included  some  statutes  that stated  the                                                                    
original version of Section C.                                                                                                  
                                                                                                                                
Co-Chair Stoltze  understood that  the removal of  Section C                                                                    
made  it  easier  to  administer  the  program.  Mr.  Michel                                                                    
agreed.                                                                                                                         
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
further OBJECTION, Work Draft 27-LS0564\S was ADOPTED.                                                                          
                                                                                                                                
9:20:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   ERIC   FEIGE,    SPONSOR,   explained   the                                                                    
legislation. He stated that the  bill ensured that residents                                                                    
of Alaska who decide to  serve in the military would receive                                                                    
the PFD  throughout their  entire time  in the  military. He                                                                    
stated that,  in statute,  the "intent  to return"  had been                                                                    
more  clearly   defined,  and   the  qualifications   of  an                                                                    
applicant  to  satisfy  the  intent  to  return  to  Alaska.                                                                    
Authorized absences were already  listed, and there would be                                                                    
no change. He  stated that Section 2 outlined  what had been                                                                    
previously in regulation, and was  now in statute. He stated                                                                    
that  Section 3  repealed the  "10-year-rule." He  explained                                                                    
that after 5 years,  tightening of requirements would "knock                                                                    
down" a significant number of  applicants. He furthered that                                                                    
after 10 years,  there would be a  slowly diminishing number                                                                    
of   applicants,  because   of  the   stricter  requirements                                                                    
relating to "the intent to return."                                                                                             
                                                                                                                                
9:24:00 AM                                                                                                                    
                                                                                                                                
MICHAEL   PASCHALL,   STAFF,  REPRESENTATIVE   ERIC   FEIGE,                                                                    
provided  a  presentation  titled "Permanent  Fund  Dividend                                                                    
Allowable Absences"  (copy on file).  He looked at  slide 2,                                                                    
"Allowable Absence 1982."                                                                                                       
                                                                                                                                
     Sec. 43.23.095. Definitions.                                                                                               
     -(7)  "state  resident"  means  an  individual  who  is                                                                    
     physically  present in  the state  with  the intent  to                                                                    
     remain permanently  in the state or,  if the individual                                                                    
     is  not physically  present in  the  state, intends  to                                                                    
     return to the  state and is absent only for  any of the                                                                    
     following reasons:                                                                                                         
     -  (A)  vocational,  professional,  or  other  specific                                                                    
     education  for  which  a  comparable  program  was  not                                                                    
     reasonably available in the state;                                                                                         
     - (B) secondary or postsecondary education;                                                                                
     - (C) military service;                                                                                                    
     - (D) medical treatment;                                                                                                   
     - (E) service in Congress; or                                                                                              
     -  (F)   other  reasons  which  the   commissioner  may                                                                    
     establish by regulation                                                                                                    
                                                                                                                                
Mr. Paschall addressed slides 2 and 3, "Allowable Absence                                                                       
1997."                                                                                                                          
                                                                                                                                
     Sec. 43.23.095. Definitions.                                                                                               
     -(8)  "state  resident"  means  an  individual  who  is                                                                    
     physically  present in  the state  with  the intent  to                                                                    
     remain permanently in the  state under the requirements                                                                    
     of  AS   01.10.055  or,  if   the  individual   is  not                                                                    
     physically present  in the state, intends  to return to                                                                    
     the  state and  remain permanently  in the  state under                                                                    
     the requirements  of AS 01.10.055,  and is  absent only                                                                    
     for any of the following reasons:                                                                                          
     -  (A)  vocational,  professional,  or  other  specific                                                                    
     education  for  which  a  comparable  program  was  not                                                                    
     reasonably available in the state;                                                                                         
     - (B) secondary or postsecondary education;                                                                                
     - (C) military service;                                                                                                    
     - (D) medical treatment;                                                                                                   
     - (E) service in Congress;                                                                                                 
     -  (F)   other  reasons  which  the   commissioner  may                                                                    
     establish by regulation;                                                                                                   
     - (G) service in the Peace Corps;                                                                                          
     -  (H)  to care  for  the  individual's terminally  ill                                                                    
     parent, spouse, sibling, child, or stepchild;                                                                              
     - (I)  for up to 220  days to settle the  estate of the                                                                    
     individual's deceased  parent, spouse,  sibling, child,                                                                    
     or stepchild; or                                                                                                           
     - (J) 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  the  state  for                                                                    
     treatment at a medical specialty complex;                                                                                  
                                                                                                                                
     Sec. 01.10.055. Residency.                                                                                                 
     -(a)  A person  establishes residency  in the  state by                                                                    
     being physically  present in the state  with the intent                                                                    
     to remain in the state  indefinitely and to make a home                                                                    
     in the state.                                                                                                              
     -(b) A  person demonstrates  the intent  required under                                                                    
     (a) of this section                                                                                                        
     - (1) by maintaining a  principal place of abode in the                                                                    
     state for at least 30 days  or for a longer period if a                                                                    
    longer period is required by law or regulation; and                                                                         
     -  (2) by  providing other  proof of  intent as  may be                                                                    
     required by law or  regulation, which may include proof                                                                    
     that the  person is not claiming  residency outside the                                                                    
     state or obtaining benefits under  a claim of residency                                                                    
     outside the state.                                                                                                         
     -(c) A  person who  establishes residency in  the state                                                                    
     remains  a resident  during an  absence from  the state                                                                    
     unless  during the  absence the  person establishes  or                                                                    
     claims  residency   in  another  state,   territory  or                                                                    
     country,  or performs  other acts  or  is absent  under                                                                    
     circumstances  that are  inconsistent  with the  intent                                                                    
     required  under  (a)  of  this   section  to  remain  a                                                                    
     resident of this state.                                                                                                    
                                                                                                                                
Mr. Paschall discussed slides 5 through 10, "Allowable                                                                          
Absence 1998."                                                                                                                  
                                                                                                                                
     Sec. 43.23.095. Definitions.                                                                                               
     -  (7)  "state resident"  means  an  individual who  is                                                                    
     physically  present in  the state  with  the intent  to                                                                    
     remain   indefinitely   in    the   state   under   the                                                                    
     requirements of  AS 01.10.055 or, if  the individual is                                                                    
     not physically present in the  state, intends to return                                                                    
     to  the  state and  remain  indefinitely  in the  state                                                                    
     under the requirements of AS 01.10.055;                                                                                    
                                                                                                                                
                                                                                                                                
Co-Chair Stoltze pointed to a major measure in 1988                                                                             
requiring the return every two years.                                                                                           
                                                                                                                                
Representative Edgmon remarked that the definition on page                                                                      
4 was not the only definition in terms of how the agencies                                                                      
apply state residency.                                                                                                          
                                                                                                                                
Co-Chair Stoltze noted that there were all kinds of                                                                             
residency requirements for different state programs.                                                                            
                                                                                                                                
9:27:12 AM                                                                                                                    
                                                                                                                                
Mr. Paschall continued with the slides related to allowable                                                                     
absences in 1998.                                                                                                               
                                                                                                                                
     Sec. 43.23.008. Allowable absences.                                                                                        
     -  (a) Subject  to  (b)  and (c)  of  this section,  an                                                                    
     otherwise eligible  individual who  is absent  from the                                                                    
     state during  the qualifying year remains  eligible for                                                                    
     a  current   year  permanent   fund  dividend   if  the                                                                    
     individual was absent                                                                                                      
     -  (1) receiving  secondary or  postsecondary education                                                                    
     on a full- time basis;                                                                                                     
     -  (2)  receiving  vocational, professional,  or  other                                                                    
     specific education  on a full-time basis  for which, as                                                                    
     determined  by the  Alaska Commission  on Postsecondary                                                                    
     Education,  a  comparable  program  is  not  reasonably                                                                    
     available in the state;                                                                                                    
     - (3) serving  on active duty as a member  of the armed                                                                    
     forces of the United States;                                                                                               
     -   (4)   receiving    continuous   medical   treatment                                                                    
     recommended by a licensed  physician or convalescing as                                                                    
     recommended by  the physician that treated  the illness                                                                    
     if the  treatment or  convalescence is  not based  on a                                                                    
     need for climatic change;                                                                                                  
     -  (5) providing  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 the state                                                                    
     for treatment at a medical specialty complex;                                                                              
     - (6)  providing care  for the  individual's terminally                                                                    
     ill parent, spouse, sibling, child, or stepchild;                                                                          
     - (7) settling the  estate of the individual's deceased                                                                    
     parent, spouse, sibling,  child, or stepchild, provided                                                                    
     the absence does not exceed 220 cumulative days;                                                                           
     -  (8)  serving  as  a  member  of  the  United  States                                                                    
     Congress;                                                                                                                  
     - (9) serving on the staff  of a member from this state                                                                    
     of the United States Congress;                                                                                             
     - (10) serving  as an employee of the state  in a field                                                                    
     office or other location;                                                                                                  
     - (11) accompanying a minor  who is absent under (4) of                                                                    
     this subsection;                                                                                                           
     - (12)  accompanying another  eligible resident  who is                                                                    
     absent for a reason  permitted under this subsection as                                                                    
     the spouse,  minor dependent, or disabled  dependent of                                                                    
     the eligible resident;                                                                                                     
     - (13) for any reason  consistent with the individual's                                                                    
     intent  to  remain  a   state  resident,  provided  the                                                                    
     absence or cumulative absences do not exceed                                                                               
          - (A) 180 days if the individual is not claiming                                                                      
          an absence under (1) - (12) of this subsection;                                                                       
          - (B) 120 days in addition to any absence or                                                                          
          cumulative absences claimed under (1) or (2) of                                                                       
          this subsection if the individual is not claiming                                                                     
          an absence under (3) - (12) of this subsection;                                                                       
          or                                                                                                                    
          - (C) 45 days in addition to any absence or                                                                           
          cumulative absences claimed under (1) - (12) of                                                                       
          this subsection.                                                                                                      
     -(b) An  individual may not claim  an allowable absence                                                                    
     under (a)(1) - (12) of this section     unless      the                                                                    
     individual was a resident of the state  for   at  least                                                                    
     six consecutive months immediately      before leaving                                                                     
     the state.                                                                                                                 
     -(c)  An otherwise  eligible  individual  who has  been                                                                    
     eligible  for the  immediately  preceding 10  dividends                                                                    
     despite being absent  from the state for  more than 180                                                                    
     days  in each  of the  related 10  qualifying years  is                                                                    
     only  eligible for  the current  year  dividend if  the                                                                    
     individual  was  absent 180  days  or  less during  the                                                                    
     qualifying year.  This subsection does not  apply to an                                                                    
     absence under  (a)(8) or (9)  of this section or  to an                                                                    
     absence under  (a)(12) of this  section if  the absence                                                                    
     is  to  accompany an  individual  who  is absent  under                                                                    
     (a)(8) or (9) of this section.                                                                                             
                                                                                                                                
Mr. Paschall discussed slides 11 through 16, "Allowable                                                                         
Absence 2011."                                                                                                                  
                                                                                                                                
     Sec. 43.23.008. Allowable absences.                                                                                        
     -(a)  Subject  to  (b)  and (c)  of  this  section,  an                                                                    
     otherwise eligible  individual who  is absent  from the                                                                    
     state during  the qualifying year remains  eligible for                                                                    
     a  current   year  permanent   fund  dividend   if  the                                                                    
     individual was absent                                                                                                      
     -  (1) receiving  secondary or  postsecondary education                                                                    
     on a full-time basis;                                                                                                      
     -  (2)  receiving  vocational, professional,  or  other                                                                    
     specific education  on a full-time basis  for which, as                                                                    
     determined  by the  Alaska Commission  on Postsecondary                                                                    
     Education,  a  comparable  program  is  not  reasonably                                                                    
     available in the state;                                                                                                    
     - (3) serving  on active duty as a member  of the armed                                                                    
     forces of  the United  States or accompanying,  as that                                                                    
     individual's  spouse,  minor   dependent,  or  disabled                                                                    
     dependent, an individual who is                                                                                            
          - (A) serving on active duty as a member of the                                                                       
          armed forces of the United States; and                                                                                
          - (B) eligible for a current year dividend;                                                                           
     -  (4) serving  under  foreign or  coastal articles  of                                                                    
     employment aboard  an oceangoing  vessel of  the United                                                                    
     States merchant marine;                                                                                                    
     -   (5)   receiving    continuous   medical   treatment                                                                    
     recommended by a licensed  physician or convalescing as                                                                    
     recommended by  the physician  who treated  the illness                                                                    
     if the  treatment or  convalescence is  not based  on a                                                                    
     need for climatic change;                                                                                                  
     -  (6) providing  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 the state                                                                    
     for treatment at a medical specialty complex;                                                                              
     - (7)  providing care  for the  individual's terminally                                                                    
     ill family member;                                                                                                         
     - (8) settling the  estate of the individual's deceased                                                                    
     parent, spouse, sibling,  child, or stepchild, provided                                                                    
     the absence does not exceed 220 cumulative days;                                                                           
     -  (9)  serving  as  a  member  of  the  United  States                                                                    
     Congress;                                                                                                                  
     -  (10) serving  on the  staff  of a  member from  this                                                                    
     state of the United States Congress;                                                                                       
     - (11) serving  as an employee of the state  in a field                                                                    
     office or other location;                                                                                                  
     - (12) accompanying a minor  who is absent under (5) of                                                                    
     this subsection;                                                                                                           
     - (13)  accompanying another  eligible resident  who is                                                                    
     absent for  a reason  permitted under  (1), (2),  (5) -                                                                    
     (12), (16), or  (17) of this subsection  as the spouse,                                                                    
     minor dependent, or disabled  dependent of the eligible                                                                    
     resident;                                                                                                                  
     -  (14) serving  as a  volunteer in  the federal  peace                                                                    
     corps program;                                                                                                             
     - (15) because of training  or competing as a member of                                                                    
     the United States Olympic Team;                                                                                            
     -  (16) participating  for  educational  purposes in  a                                                                    
     student  fellowship  sponsored  by  the  United  States                                                                    
     Department  of  Education  or   by  the  United  States                                                                    
     Department of State;                                                                                                       
     - (17) for any reason  consistent with the individual's                                                                    
     intent  to  remain  a   state  resident,  provided  the                                                                    
     absence or cumulative absences do not exceed                                                                               
          - (A) 180 days in addition to any absence or                                                                          
          cumulative absences claimed under (3) of this                                                                         
          subsection if the individual is not claiming an                                                                       
          absence under (1), (2), or (4) - (16) of this                                                                         
          subsection;                                                                                                           
          - (B) 120 days in addition to any absence or                                                                          
          cumulative absences claimed under (1) - (3) of                                                                        
          this      subsection if the individual is not                                                                         
          claiming an    absence under (4) - (16) of this                                                                       
          subsection but is  claiming an absence under (1)                                                                      
          or (2) of this      subsection; or                                                                                    
          - (C) 45 days in addition to any absence or                                                                           
          cumulative     absences claimed under (1) - (16)                                                                      
          of this subsection  if the individual is claiming                                                                     
          an absence under (4) -  (16) of this subsection.                                                                      
               -(b) An individual may not claim an                                                                              
               allowable absence under(a)(1) - (16) of this                                                                     
               section   unless the individual was a                                                                            
               resident of the state for at least six                                                                           
               consecutive months immediately before                                                                            
               leaving the state.                                                                                               
               -(c)  An  otherwise eligible  individual  who                                                                    
               has   been  eligible   for  the   immediately                                                                    
               preceding 10  dividends despite  being absent                                                                    
               from  the state  for  more than  180 days  in                                                                    
               each of  the related  10 qualifying  years is                                                                    
               only eligible  for the current  year dividend                                                                    
               if  the individual  was  absent  180 days  or                                                                    
               less   during  the   qualifying  year.   This                                                                    
               subsection  does  not  apply  to  an  absence                                                                    
               under (a)(9)  or (10) of  this section  or to                                                                    
               an absence  under (a)(13) of this  section if                                                                    
               the  absence is  to  accompany an  individual                                                                    
               who is absent under (a)(9) or (10) of this                                                                       
               section.                                                                                                         
               -(d) For purposes of (a)(7) of this section,                                                                     
                    "family member" means a person who is                                                                       
                    - (1) legally related to the individual                                                                     
                    through  marriage or guardianship; or                                                                       
                    - (2) the individual's sibling, parent,                                                                     
                    grandparent,  son, daughter, grandson,                                                                      
                    granddaughter, uncle, aunt,  niece,                                                                         
                 nephew,  or first cousin.                                                                                      
                                                                                                                                
Mr. Paschall  looked at slide  17, "Allowable  Absence after                                                                    
HB  190." He  stated that  the statute  remained that  same,                                                                    
except that  it was now  subject to  (b) and (e)  instead of                                                                    
(b) and (c).                                                                                                                    
                                                                                                                                
9:31:27 AM                                                                                                                    
                                                                                                                                
Representative  Joule wondered  how  the  bill would  impact                                                                    
college students  that took more  than 5 years  to graduate,                                                                    
specifically students in a masters  or graduate program. Mr.                                                                    
Paschall replied that  if a group can prove  ties to Alaska,                                                                    
there would be a chance for review.                                                                                             
                                                                                                                                
Co-Chair Thomas  wondered whether  a person could  leave the                                                                    
state  for  20  years  in active  military  duty  and  still                                                                    
receive  a check.  Mr. Paschall  responded  that after  five                                                                    
years residing  outside the state, those  individual subject                                                                    
to the criteria  that was placed into law,  and there active                                                                    
ties to the community.                                                                                                          
                                                                                                                                
Co-Chair  Thomas felt  that a  person  who owned  a home  in                                                                    
another state they should not be  eligible for a PFD. He did                                                                    
not believe anyone had ever  been prosecuted for leaving the                                                                    
state, after  they had declared  an intent to return  to the                                                                    
state.                                                                                                                          
                                                                                                                                
Co-Chair Stoltze  noted that there  were people  that openly                                                                    
stated their intent, but change their minds.                                                                                    
                                                                                                                                
Representative  Gara asked  for verification  that the  bill                                                                    
did not impact  people who were out of the  state caring for                                                                    
a  sick  relative.  Mr. Paschall  believed  the  bill  would                                                                    
apply,  and added  that there  were some  absences that  did                                                                    
have time limits.                                                                                                               
                                                                                                                                
Representative   Gara  pointed   to   military  and   higher                                                                    
education absences.  He addressed  the total  of 30  days in                                                                    
five years.  A person could  easily move away and  come home                                                                    
at Christmas to receive a PFD.                                                                                                  
                                                                                                                                
9:38:03 AM                                                                                                                    
                                                                                                                                
Mr.  Paschall  responded that  the  30  days was  a  minimum                                                                    
requirement.                                                                                                                    
                                                                                                                                
DEBBIE BITNEY,  DIRECTOR, PERMANENT FUND  DIVIDEND DIVISION,                                                                    
DEPARTMENT OF REVENUE, asked for a repeat of the question.                                                                      
                                                                                                                                
Representative   Gara  asked   about  military   and  higher                                                                    
education  individuals  with  no  intent  to  move  back  to                                                                    
Alaska.  He also  wondered if  the  30 day  rule was  easily                                                                    
abused.  Ms. Bitney  responded that  the 30  day requirement                                                                    
was an initial hurdle; after  the person had met the initial                                                                    
requirement, there  were additional items that  needed to be                                                                    
addressed: whether  or not they  own property in  the state,                                                                    
family  here,  involved  in  state  politics,  etc.  It  was                                                                    
difficult   to   prove   a  person's   intent,   and   these                                                                    
requirements help determine an individual's true intent.                                                                        
                                                                                                                                
Representative  Gara surmised  that  there was  a gray  area                                                                    
related to individuals with homes outside of the state.                                                                         
                                                                                                                                
9:41:32 AM                                                                                                                    
                                                                                                                                
Ms. Bitney stated that payment  of resident taxes in another                                                                    
state  would  be  an automatic  disqualifier.  The  division                                                                    
looked at  the situations  very closely. She  discussed that                                                                    
many snowbirds owned homes elsewhere,  but the division made                                                                    
sure they did not pay resident taxes or benefits.                                                                               
                                                                                                                                
Co-Chair  Stoltze noted  that  he had  many  friends in  the                                                                    
military, which  preferred to purchase  a house  rather than                                                                    
rent.  He wondered  if  they would  be  suspect. Ms.  Bitney                                                                    
replied   in  the   negative.  She   furthered  that   those                                                                    
individuals  must maintain  that they  were not  receiving a                                                                    
resident benefit for owning that home.                                                                                          
                                                                                                                                
Representative Gara  asked about property taxes,  and stated                                                                    
that the taxes  were not a resident benefit,  but a resident                                                                    
burden.  Ms.  Bitney replied that the benefit  was usually a                                                                    
break in the property tax (e.g. a homestead benefit).                                                                           
                                                                                                                                
Co-Chair  Stoltze wondered  what kinds  of things  typically                                                                    
trigger a review  or denial. Ms. Bitney  to discuss triggers                                                                    
for  a review  or  denial: registering  to  vote in  another                                                                    
state,  receiving  a  homestead credit  on  property  taxes,                                                                    
declaring in  the military records  that the state  of legal                                                                    
residence is somewhere other than  Alaska. She stressed that                                                                    
"intent" was  very subjective, so clear  criteria was needed                                                                    
to evaluate that intent properly.                                                                                               
                                                                                                                                
Representative Joule  asked whether paying state  income tax                                                                    
in another state  was a trigger. Ms. Bitney  replied that it                                                                    
would be  a trigger, if  the tax return reflected  that they                                                                    
were a citizen of that state.                                                                                                   
                                                                                                                                
Representative  Joule wanted  to ensure  that students  were                                                                    
not falling as victims.                                                                                                         
                                                                                                                                
Representative Joule furthered that  his daughter had paid a                                                                    
dear  price for  it,  because she  had  not declared  proper                                                                    
residency out of state.                                                                                                         
                                                                                                                                
Representative Doogan  wondered why  the ability  to receive                                                                    
the money did  not occur until after the  person returned to                                                                    
the state.                                                                                                                      
                                                                                                                                
Co-Chair Stoltze  noted that there had  been various similar                                                                    
legislative proposals related to student loan forgiveness.                                                                      
                                                                                                                                
Representative  Doogan restated  his concern  about possible                                                                    
cumulative dividends.                                                                                                           
                                                                                                                                
Co-Chair  Stoltze  noted  that   a  19  year-old  living  in                                                                    
Afghanistan may have a problem with that idea.                                                                                  
                                                                                                                                
Ms.  Bitney understood,  but that  was  not the  legislation                                                                    
that was before the committee.                                                                                                  
                                                                                                                                
Representative Guttenberg pointed to  page 3, Section 2, and                                                                    
wondered  if  a person's  career  choice  to serve  overseas                                                                    
prevented them  from receiving the PFD.  Ms. Bitney answered                                                                    
that  the bill  was  not a  stand-alone  criteria. The  bill                                                                    
contained criteria in a weighted decision.                                                                                      
                                                                                                                                
Co-Chair Thomas  discussed a situation  of a person  who had                                                                    
been  in  the military  who  received  a driving  ticket  in                                                                    
Colorado with  an Alaska driver's  license, so  Colorado had                                                                    
forced him  to get a local  license and the person  had lost                                                                    
his PFD as a result.                                                                                                            
                                                                                                                                
9:55:10 AM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  pointed to  page 3, lines  29 through                                                                    
31. She read  from the bill related to  future events beyond                                                                    
a person's control. Mr. Paschall deferred to Ms. Bitney.                                                                        
                                                                                                                                
Co-Chair  Stoltze   wondered  if   that  provision   was  an                                                                    
important aspect  to the bill. Representative  Feige replied                                                                    
that he would like to hear from the department.                                                                                 
                                                                                                                                
Co-Chair Stoltze  queried the policy direction.  Ms. Britney                                                                    
stated that  page 3, lines  29 through 31 addressed  part of                                                                    
what the  division finds difficult  to run the  program now.                                                                    
She   stressed  that   every   individual's  situation   was                                                                    
different,  and  felt that  the  specific  language was  not                                                                    
critical to that decision making.                                                                                               
                                                                                                                                
Vice-chair Fairclough felt that if  someone could not find a                                                                    
job  in Alaska  should not  be allowed  to get  part of  the                                                                    
dividends.   She    felt   that   determining    one's   PFD                                                                    
qualifications; there were many  different factors in making                                                                    
those decisions.                                                                                                                
                                                                                                                                
Representative Costello asked about  intent to return // she                                                                    
knew of an  individual that was a  fourth generation Alaskan                                                                    
who  was required  in California  to obtain  residency. This                                                                    
requirement was out of his  control, so she wondered whether                                                                    
there was  a provision  that would  allow the  department to                                                                    
consider  granting   that  individual  a  PFD.   Ms.  Bitney                                                                    
responded  that the  division had  a process  when a  person                                                                    
checked a  box that they  were a resident in  another state.                                                                    
Once the  department received the amended  return, there was                                                                    
a process.                                                                                                                      
                                                                                                                                
Representative Costello  explained that the  specific person                                                                    
had been required  to apply as a resident  in another state.                                                                    
Ms.  Bitney   replied  that  there  was   an  exemption  for                                                                    
individuals  who  were required  to  file  for residency  in                                                                    
another state in the department regulation.                                                                                     
                                                                                                                                
Representative Joule  wondered if  Representative Costello's                                                                    
concern had always been in  statute. Ms. Bitney replied that                                                                    
it had been  in regulation and the bill  proposed to putting                                                                    
it in statute.                                                                                                                  
                                                                                                                                
10:03:29 AM                                                                                                                   
                                                                                                                                
Representative  Neuman  asked  whether  a  person  that  was                                                                    
kicked out  of the  system once could  use the  provision to                                                                    
get  back  into  the  system. Ms.  Bitney  answered  in  the                                                                    
negative. She explained that the  regulation was worded in a                                                                    
way  that the  division would  allow  a person  one time  to                                                                    
reapply for a dividend that  they timely applied for but the                                                                    
division subsequently  did not  receive; and it  was limited                                                                    
to  that specific  group  of  people. It  did  not apply  to                                                                    
individuals who did not file.                                                                                                   
                                                                                                                                
Representative Guttenberg  wondered how the  rebuttal worked                                                                    
when a  person was  denied. Ms.  Bitney answered  that there                                                                    
were two  levels of  appeal: (1)  informal level  of appeal,                                                                    
(2)  formal level  (after the  applicant had  been denied  a                                                                    
second time). There could be  more subjectivity based on the                                                                    
applicant's life circumstances.                                                                                                 
                                                                                                                                
Co-Chair Stoltze CLOSED public testimony.                                                                                       
                                                                                                                                
Co-Chair  Stoltze discussed  his intent  to address  several                                                                    
issues related to  career paths. He asked his  staff to work                                                                    
with the  division, members,  and the  sponsor. He  hoped to                                                                    
have the bill before the committee in the afternoon.                                                                            
                                                                                                                                
HB  190  was  HEARD  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HOUSE BILL NO. 312                                                                                                            
                                                                                                                                
     "An Act creating a low-interest loan program for                                                                           
     homeowners who convert their homes to natural gas-                                                                         
     fired heating; and creating the natural gas home                                                                           
     heating conversion loan fund."                                                                                             
                                                                                                                                
HB 312 was SCHEDULED but not HEARD.                                                                                             
                                                                                                                                
Co-Chair  Thomas went  over the  schedule for  the afternoon                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:11:21 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:11 AM.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
HB 190 Support Letter Denali Borough Mayor.pdf HFIN 4/4/2012 9:00:00 AM
HB 190
HB 190 AS 46.23.008 Allowable absences.pdf HFIN 4/4/2012 9:00:00 AM
HB 190
HB 190 2011 PFD Extended Absence Questionnaire.pdf HFIN 4/4/2012 9:00:00 AM
HB 190
HB 190 15 AAC 23 Residency and Allowable Absences.pdf HFIN 4/4/2012 9:00:00 AM
HB 190
CSHB_312_(CRA)Support_Fuel_Prices.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_Sierra_Research_Memo.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_Newsminer.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_FNSB_Priority.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_FNSB_Fuel_Prices.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_City_of_Fairbanks.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Support_Aurora_Energy.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Sponsor_Statement.docx HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Sectionalpdf.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
CSHB_312_(CRA)_Changespdf.pdf HFIN 4/4/2012 9:00:00 AM
HB 312
HB190 CS WORKDRAFT FIN -S version.pdf HFIN 4/4/2012 9:00:00 AM
HB 190
HB 190 Sectional Analysis CS(FIN) Version 27-LS0564S.pdf HFIN 4/4/2012 9:00:00 AM
SSTA 4/11/2012 9:00:00 AM
HB 190
HB 190 PFD Allowable Absences Presentation.pdf HFIN 4/4/2012 9:00:00 AM
HB 190