Legislature(2013 - 2014)HOUSE FINANCE 519
02/21/2013 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB35 | |
| HB24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 24 | TELECONFERENCED | |
| + | HB 35 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
February 21, 2013
2:18 p.m.
2:18:34 PM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 2:18 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Mark Neuman, Vice-Chair
Representative Mia Costello
Representative Les Gara
Representative Lindsey Holmes
Representative Scott Kawasaki, Alternate
Representative Cathy Munoz
Representative Steve Thompson
Representative Tammie Wilson
MEMBERS ABSENT
Representative Bryce Edgmon
Representative David Guttenberg
ALSO PRESENT
Brandon Brefczynski, Aide, Representative Tammie Wilson;
Stacy Schubert, Director, Governmental Relations and Public
Affairs, Alaska Housing Finance Corporation, Department of
Revenue; Rex Shattuck, Aide, Representative Mark Neuman.
PRESENT VIA TELECONFERENCE
Brian Judy, Senior State Liaison, National Rifle
Association.
SUMMARY
HB 24 SELF DEFENSE
HB 24 was HEARD and HELD in committee for further
consideration.
HB 35 HOME HEATING CONVERSION LOANS
HB 35 was HEARD and HELD in committee for further
consideration.
HB 75 CONTRIBUTION FROM PFD: AUDITS; UNIVERSITY
HB 75 was SCHEDULED but not HEARD.
HOUSE BILL NO. 35
"An Act creating a low-interest loan program for
homeowners who improve or replace their home heating
systems; and providing for an effective date."
2:20:33 PM
Representative Wilson stated that HB 35 will create a low-
interest loan program, providing Alaskans an affordable
avenue for converting their current heating system to a
more efficient heating system. She pointed to some letters
of support from different communities and organizations
across the state (copies on file).
BRANDON BREFCZYNSKI, AIDE, REPRESENTATIVE TAMMIE WILSON,
explained that HB 35 established under HB 35 would be
overseen by the Alaska Housing Finance Corporation (AHFC),
allowing qualified applicants, regardless of income level,
to receive up to a $15,000 loan for a new heating
appliance, including the costs of labor and materials.
Conditions of the loan are set at one percent interest over
a ten year term. The loan program is open to all forms of
heating systems, allowing homeowners to convert to the
available low-cost heating methods within their community.
An additional benefit of HB 35 will be the program's
effects on a community's air quality. Currently, the U.S.
Environmental Protection Agency (EPA) has declared the
Fairbanks North Star Borough (FNSB) a PM 2.5 nonattainment
area. This designation has serious economic development
impacts. One example of such impacts is the potential loss
of Federal highway funding. By converting to cleaner
heating systems, such as natural gas, the FNSB will be able
to apply the loan program of HB 35 towards their required
EPA state implementation plan to mitigate the existing air
quality concerns. I urge your support of HB 35 to help
provide Alaska's homes and families with cleaner, efficient
and affordable heating options.
Representative Costello wondered how the program was
different from other AHFC programs.
2:23:53 PM
STACY SCHUBERT, DIRECTOR, GOVERNMENTAL RELATIONS AND PUBLIC
AFFAIRS, ALASKA HOUSING FINANCE CORPORATION, DEPARTMENT OF
REVENUE, explained that the loan program proposed in HB 35
was a $30,000 loan program, but had short terms and a
current 3.75 interest rate.
Co-Chair Stoltze wondered how HB 35 was different than the
other AHFC Home Energy Rebate program, specifically related
to furnace replacement. Ms. Schubert replied that the Home
Energy Rebate Program offered up to $10,000 returned to
homeowners who chose to participate; but the homeowner
would only receive the rebate after an energy rating was
complete. She stated that the upgrades to the home may
include a furnace replacement, insulation, etc. She
stressed that the $10,000 may not completely cover the cost
of the homeowner investment, because most of the
participants in the Home Energy Rebate Program spend around
$6,000 out-of-pocket.
Representative Wilson remarked that some people may choose
to participate in the Home Energy Rebate Program rather
than the proposed loan in HB 35.
Co-Chair Stoltze wondered if the two programs could be
combined. Ms. Schubert replied that homeowners could
participate in both programs.
2:27:19 PM
Representative Kawasaki looked at page 2, lines 2 and 4. He
wondered if increasing energy efficiency of the home
specifically referred to efficiency of the heating unit.
Representative Wilson replied that the intent of that
language was specific to the efficiency of the heating
unit.
Representative Kawasaki felt that language was not specific
enough.
Representative Kawasaki surmised that the intent of bill
was to provide money for individuals with inefficient
heaters to upgrade to an efficient system. Representative
Wilson replied that the intent of the legislation was to
allow for cost and energy efficiency.
Representative Kawasaki wondered if someone could qualify
for the loan, if they intended to install a coal burning
heater that was more efficient than a gas heater.
Representative Wilson responded that in order to qualify
for an AHFC program, the system must me automated. She
furthered that if the heater was an automated coal system,
it could qualify for the program. She furthered that the
automated systems that were installed in Fairbanks met air-
quality standards.
Representative Kawasaki wondered if homes that did not
already have a heating unit installed would qualify for the
program. Representative Wilson replied that the program was
intended for upgrades only, therefore upgrading from
nothing would not be considered an "upgrade."
Representative Kawasaki looked at the income limitations,
and wondered if there was a consideration for allowing
lower income applicants to participate in the program.
Representative Wilson replied that the Interior
Weatherization program was available for extremely low
income individuals to have their furnaces replaced at no
cost. She remarked that the bill's intent was to allow
homeowners to take advantage of Alaska's new sources of
energy.
Representative Gara expressed appreciation that the bill
was geared toward all Alaskan communities.
Representative Munoz wondered how much capitalization would
be required to fund the program. Representative Wilson
deferred to Ms. Schubert.
2:32:33 PM
Ms. Schubert furthered that AHFC could not determine how
many homes may participate in the program, which is
reflected in the indeterminate fiscal note.
Representative Munoz wondered if the 1 percent interest on
the loan program was sufficient to cover the costs of
administration. Ms. Schubert responded that AHFC estimated
a 10 percent administration fee. She explained that AHFC
would partner with a financial institution, so individuals
could request the loan through the institution.
Representative Munoz wondered if the 10 percent referred to
the loan or the fund. Ms. Schubert replied that she meant
10 percent of the appropriation.
Representative Holmes surmised that the homeowner would not
be required to upgrade their system, regardless of the
inspector's findings. Representative Wilson replied in the
affirmative, but could be dealt with through AHFC
regulations.
Representative Holmes wondered if AHFC would have the
ability to write regulations that would require findings
under the bill's language. Ms. Schubert responded that the
Home Energy Rebate Program had thresholds in place for
certain efficiency requirements for the maximum rebate. She
remarked that AHFC would not foresee the drafting of
regulations that created a requirement, unless the
legislature created an amendment.
Representative Holmes felt that the bill's language allowed
for loan-approval, regardless of the inspector's findings.
Representative Wilson felt that individuals would not
participate in the program, unless they had a need. She
remarked that it was a loan program. She stated that
individuals would not participate in the program, if they
did not have the need to upgrade, because it would put them
further into debt.
Representative Holmes looked at page 2, line 19, and
wondered if that language allowed prepayment without
interest. Ms. Schubert responded that all of the AHFC loans
allowed for prepayment without penalty, and the proposed
program would be implemented in the same manner.
Representative Kawasaki looked at wondered if a person
could qualify for the loan, if their home did not have the
current natural hookup capability.
2:37:42 PM
Co-Chair Stoltze stated that there were many ways to
convert a home to natural gas, including propane to natural
gas conversion.
Representative Wilson furthered that she would provide more
information regarding natural gas conversion language in
the bill.
Representative Kawasaki felt that natural gas energy was
important to Fairbanks' future. He wondered if there was a
possibility to upgrade, even if the natural gas supply did
not reach the individual's home. Representative Wilson
anticipated that the first applicants to the program would
be individuals who had access to a natural gas supply.
Co-Chair Stoltze wondered how the 10 percent that AHFC
would use for administration would be outlined in the
portfolio. Ms. Schubert responded that page 3, lines 1 and
2 of the bill stated that the interest from loans shall be
deposited in the general fund. She remarked that the
proposed program was not a revolving fund.
Co-Chair Stoltze understood that the program would not be
revolving, because it only held a 1 percent interest rate.
He stated that the committee would hear more about the bill
at a later date.
Representative Wilson stressed that program participants
would not be required to dispose of their current heating
system. She furthered that the new system would need to be
the primary heating system, but the old system could be
used as a secondary heating method.
Co-Chair Stoltze wondered if two heating systems could be
redundant in this program. Representative Wilson replied
that the new system was required to be the primary source,
but the secondary heating system could remain in place.
HB 35 was HEARD and HELD in committee for further
consideration.
HOUSE BILL NO. 24
"An Act relating to self-defense in any place where a
person has a right to be."
2:44:31 PM
Vice-Chair Neuman stated that HB 24 added the language "in
any other place where a person has the right to be" they
have a right to defend themselves. He remarked that
Alaskans had the right to defend themselves, without
worrying about how the court may see their actions.
2:45:51 PM
REX SHATTUCK, AIDE, REPRESENTATIVE MARK NEUMAN, explained
that Alaska Statutes already recognize that we have a right
to use deadly force to protect our family, person, and
property. HB 24 further clarifies that right exists not
only in our home but also in any other place that we have a
right to be. This legislation clarifies the individuals'
right to stand their ground and not second guess the
consequence of protecting their family or self. HB 24
strengthens the legal recognition of a basic human right to
defend oneself, by sending a message to the Judiciary and
Law Enforcement that it is the criminal who has the duty to
retreat.
Mr. Shattuck stated that federal law, "Stand Your Ground"
and "No Duty to Retreat" governed the United States federal
case law in which self-defense was asserted against the
charge of a criminal homicide. He referred to the 1895
Supreme Court ruling of the Beard vs. US case. That case
included a ruling with the language that a man who was
"where he had the right to be" when he came under attack
and "did not provoke the assault, and had the time
reasonable grounds, and in good faith believe that the
deceased intended to take his life, or do him great body
harm, was not obligated to retreat, nor to consider where
he safely retreat to, but was entitled to stand his ground.
He also referred to a Minnesota case, "State vs. Gardner."
In this case, a man was acquitted for killing man who had
attempted to kill him with a rifle. The judge for that case
explained that the doctrine of "retreat to the wall" or
"duty to retreat" had its origin in medieval England,
before the general introduction of guns. The judge stressed
that the "duty to retreat" had general regard to the
general use and type weapon.
Representative Thompson wondered how many other states had
similar laws like the proposed legislation. Mr. Shattuck
replied that there were more than 17 states that had a
similar law, but deferred to Mr. Judy for a more accurate
count.
Representative Thompson wondered if the bill would enable a
person to use deadly force to protect a victim of a crime.
Mr. Shattuck responded that the statutes already make
provisions for that concern.
2:53:16 PM
BRIAN JUDY, SENIOR STATE LIAISON, NATIONAL RIFLE
ASSOCIATION (via teleconference), stated that HB 24 was
important self-defense legislation. He explained that it
would provide that a law abiding person, who was justified
in using deadly force in self-defense, had no duty to
retreat from an attack from any place a person had a legal
right to be. He reiterated that the person must be
justified in using deadly force. He felt that the
opposition to the bill ignored the point that the person
could only use deadly force for a justifiable reason. He
explained that existing Alaska law already provided that
there was no duty to retreat, if a person, who was
justified, was on premises which the person owns or leases,
or in a building where they work. He stressed that a person
would be required to retreat, if they were in any other
location. He remarked that there were currently two
considerations that a person must take into account: 1)
Justification, which was the primary and most significant
consideration; and 2) Retreat, which was much less
significant. He felt that the only time "retreat" becomes a
consideration is once a person felt justified in using
deadly force in self-defense. He stressed that the
legislation would only amend the subsection (b) AS
11.81.335. He remarked that all of the statutes detailed
the legal framework for what constitutes "justification."
He felt that it was critical to review the details of
"justification" in order to understand what the existing
requires for a person to claim "justification." He
explained that a person may use deadly force in self-
defense, only if a person reasonably believed that the use
of deadly was necessary for self-defense against death,
serious physical injury, kidnapping, sexual assault, or
robbery. He noted that a person must satisfy, under Alaska
case law, both a subjective and an objective standard.
Mr. Judy shared that Alaska statute also outlined a list of
activities that specifically preclude a person from
claiming justification: if a person was engaged in mutual
combat; if a person provoked the other's conduct; if the
person was the initial aggressor; or if the person was
involved in gang activity.
3:01:40 PM
Mr. Judy stated that the NRA believed that the legislation
would reduce the cost of criminal prosecution, because the
bill did not change the primary requirement that a person
using deadly force in self-defense must have justification.
He stressed that the bill did not change what constitutes
"justification." He stressed that once the prosecution
determined that there was justification, the provisions of
the bill allowed for the charges to be dropped.
Vice-Chair Neuman thanked the committee for hearing the
bill. He reiterated Mr. Judy's points related to
justification. He stressed that the bill stated that
individuals should have the same rights that they have at
home or at work, while at any place a person has a right to
be.
HB 24 was HEARD and HELD in committee for further
consideration.
HOUSE BILL NO. 75
"An Act repealing certain audit requirements for
entities receiving contributions from permanent fund
dividends; requiring each campus of the University of
Alaska to apply to be included on the contribution
list for contributions from permanent fund dividends;
and requiring a university to pay an application fee
for each campus separately listed on the contribution
list for contributions from permanent fund dividends."
HB 75 was SCHEDULED but not HEARD.
ADJOURNMENT
3:05:13 PM
The meeting was adjourned at 3:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 24 Explanation of Changes.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 24 |
| HB 24 Sponsor Statement.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 24 |
| HB 35 Sponsor Statement.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Sierra Research Memo.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Letters of Support.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Fuel Oil Prices.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Fuel Comaprison.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Estimated Savings.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Cost of Living.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 Conversion Costs.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 35 AFUE.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| HB 75 Sponsor Statement.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |
| HB 75 PickClickGive Application 2013.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |
| HB 75 IRS Form 990 for tax-exempt organizations.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |
| HB 75 Alaska Statute 43.23.062.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |
| HB 75 About Pick.Click.Give..pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |
| HB 24 Related Statues on deadly and nondeadly force.docx |
HFIN 2/21/2013 1:30:00 PM |
HB 24 |
| HB 24 Letters of Support, Package 1 (2-15-13).pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 24 |
| HB 35 Letters of Support 2.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 35 |
| DOC HB 24 Support 2.PDF |
HFIN 2/21/2013 1:30:00 PM |
HB 24 |
| HB 75 Letters of Support - 2014 update.pdf |
HFIN 2/21/2013 1:30:00 PM |
HB 75 |