Legislature(2013 - 2014)SENATE FINANCE 532

04/05/2013 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SJR 9 CONST. AM: EDUCATION FUNDING TELECONFERENCED
Scheduled But Not Heard
+ HB 4 ALASKA GASLINE DEVELOPMENT CORP; RCA TELECONFERENCED
<Pending Referral>
HB 52 PFD ALLOWABLE ABSENCE
Heard & Held
HB 24 SELF DEFENSE
Moved CSHB 24(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 5, 2013                                                                                            
                         9:12 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:12:04 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Meyer called the Senate Finance Committee meeting                                                                      
to order at 9:12 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Anna Fairclough, Vice-Chair                                                                                             
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Mark    Neuman;   Rex    Shattuck,   Staff,                                                                    
Representative   Mark  Neuman;   Michael  Paschall,   Staff,                                                                    
Representative   Eric   Feige;   Dan   DeBartolo,   Division                                                                    
Director,  Permanent Fund  Division,  Department of  Natural                                                                    
Resources.                                                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Joshua Decker, ACLU of Alaska, Anchorage.                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
CSHB 24 (JUD) SELF DEFENSE                                                                                                      
                                                                                                                                
          CSHB 24  (JUD) was REPORTED out  of committee with                                                                    
          a   "do  pass"   recommendation   and  with   four                                                                    
          previously published zero  fiscal notes: FN1(ADM),                                                                    
          FN2(ADM), FN3(LAW), and FN4(DPS).                                                                                     
                                                                                                                                
HB 52     PFD ALLOWABLE ABSENCE                                                                                                 
                                                                                                                                
          HB 52 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
CS FOR HOUSE BILL NO. 24(JUD)                                                                                                 
                                                                                                                                
     "An Act relating to self-defense in any place where a                                                                      
     person has a right to be."                                                                                                 
                                                                                                                                
9:14:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MARK  NEUMAN, introduced HB 24  and explained                                                                    
that it addressed concerns from Alaskans related to self-                                                                       
defense. The  bill allowed  people the  right to  use deadly                                                                    
force  to protect  themselves or  their  family members.  He                                                                    
pointed  out language  on page  2,  line 3  stating "in  any                                                                    
other place where a person has  a right to be." He expressed                                                                    
concern with the  statute's statement that a  person had the                                                                    
duty to  retreat in a self-defense  situation. The statute's                                                                    
justification  clauses would  not be  altered. He  mentioned                                                                    
past  discussion  regarding  gang violence,  alcohol  abuse,                                                                    
sexual assaults. The bill's purpose  was to add the language                                                                    
"any place where  you have the right to be."  He pointed out                                                                    
that the  House Judiciary  Committee added the  word "other"                                                                    
following a discussion  that a person already  had the right                                                                    
to  self-defense  if  in  a  home,  residence  or  place  of                                                                    
business.  He  mentioned a  letter  sent  from the  Attorney                                                                    
General regarding the  bill and his opinion  that the rights                                                                    
of  Alaskans should  not be  put  before the  rights of  the                                                                    
courts.                                                                                                                         
                                                                                                                                
9:17:59 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy stated that the bill was self-explanatory.                                                                     
                                                                                                                                
Co-Chair Meyer noted  that a lot of time was  spent with the                                                                    
bill  in the  judiciary  committee. He  understood that  the                                                                    
bill was  introduced last year  and wondered where  the bill                                                                    
died. Representative  Neuman replied  that the bill  died in                                                                    
the Senate Finance Committee.                                                                                                   
                                                                                                                                
9:18:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  asked if the judiciary  committee's concerns                                                                    
had  been addressed.  Representative  Neuman responded  that                                                                    
the   judiciary    committee   reviewed    the   legislation                                                                    
extensively and passed the bill.                                                                                                
                                                                                                                                
9:18:57 AM                                                                                                                    
                                                                                                                                
Senator Olson  noted that  Connecticut passed  multiple laws                                                                    
on gun control following a  school shooting. He wondered how                                                                    
Alaska  could  justify  an opposite  course.  Representative                                                                    
Neuman responded that the issue  was one of self-defense and                                                                    
Alaskans supported  the concept.  He noted that  Alaska laws                                                                    
currently allowed the use of  deadly force to protect in the                                                                    
event  of  an  incident.  The difference  presented  in  the                                                                    
legislation is  the opportunity to protect  oneself prior to                                                                    
an incident.                                                                                                                    
                                                                                                                                
9:20:19 AM                                                                                                                    
                                                                                                                                
Senator Olson  understood that  the law  allowed one  to use                                                                    
deadly force  when in  the home. He  interpreted that  HB 24                                                                    
allowed  the  use  of  deadly force  outside  of  the  home.                                                                    
Representative  Neuman answered  in the  affirmative, HB  24                                                                    
allowed the same rights anywhere a  person had a right to be                                                                    
in Alaska. He repeated  that the justification clauses would                                                                    
remain unchanged.                                                                                                               
                                                                                                                                
9:20:53 AM                                                                                                                    
                                                                                                                                
Senator  Olson stated  a great  difference between  being in                                                                    
one's  home  versus elsewhere.  He  inquired  how one  might                                                                    
justify  the  use  of  deadly force  outside  of  the  home.                                                                    
Representative Neuman responded that  he justified the right                                                                    
for  Alaskans  to  protect themselves.  He  mentioned  court                                                                    
cases  where defense  attorneys claimed  that the  criminals                                                                    
were  innocent because  the victimized  Alaskan  did not  do                                                                    
everything  possible to  retreat. The  rights that  Alaskans                                                                    
had to protect themselves in  their homes ought to extend to                                                                    
areas outside of the home.                                                                                                      
                                                                                                                                
9:22:31 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy  noted  that  the  issue  addressed  self-                                                                    
defense  rather  than  guns.   He  provided  a  hypothetical                                                                    
scenario and  noted that self-defense might  include using a                                                                    
gun, knife or even a rock.                                                                                                      
                                                                                                                                
9:23:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  inquired about the letter  from the Attorney                                                                    
General.                                                                                                                        
                                                                                                                                
9:23:22 AM                                                                                                                    
                                                                                                                                
REX SHATTUCK,  STAFF, REPRESENTATIVE MARK  NEUMAN, clarified                                                                    
that   the   Attorney    General's   letter   mentioned   by                                                                    
Representative  Neuman   was  drafted  for   last  session's                                                                    
version of the bill, HB 80.                                                                                                     
                                                                                                                                
9:23:42 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  inquired how it  would be interpreted  if a                                                                    
person protecting  themselves was breaking another  law with                                                                    
a concealed  weapon. Representative Neuman replied  that the                                                                    
current  Alaska laws  did not  require  a person  to have  a                                                                    
concealed weapons  permit. He  added that  the justification                                                                    
clause addressed the issue.                                                                                                     
                                                                                                                                
9:24:46 AM                                                                                                                    
                                                                                                                                
Senator Bishop  assumed that the Attorney  General's opinion                                                                    
was still  good today. Representative Neuman  responded that                                                                    
the  only  difference  between  HB  80 and  HB  24  was  the                                                                    
addition of the word "other" by the judiciary committee.                                                                        
                                                                                                                                
9:25:32 AM                                                                                                                    
                                                                                                                                
JOSHUA  DECKER, American  Civil  Liberties  Union (ACLU)  OF                                                                    
ALASKA, ANCHORAGE (via  teleconference) testified against HB
24. He  explained that  the bill did  not address  the self-                                                                    
defense  doctrine.  Alaskans always  had  the  right to  use                                                                    
deadly  force  when  threatened  with  imminent  injury.  He                                                                    
explained that  HB 24  lowered the duty  to retreat.  If the                                                                    
bill was  enacted, then  where ever an  Alaskan had  a legal                                                                    
right to be would not  require retreat prior to using deadly                                                                    
force.  He stated  that written  testimony  was provided  to                                                                    
committee  members listing  multiple examples  where retreat                                                                    
was  possible, but  would not  be required  under HB  24. He                                                                    
stated  ACLU's position  that the  bill  would not  increase                                                                    
safety for Alaskans.                                                                                                            
                                                                                                                                
9:27:25 AM                                                                                                                    
                                                                                                                                
Senator Olson noted  that anyone with a knife  could kill as                                                                    
fast as  a gun and inquired  why a person would  not wish to                                                                    
be ready to  shoot when threatened with a  knife. Mr. Decker                                                                    
agreed and stated  that the law allowed a  person faced with                                                                    
that threat to  use deadly force. The difference  with HB 24                                                                    
was that a  person could shoot a person holding  a knife who                                                                    
was standing  one block away.  With that distance,  a person                                                                    
could safely retreat.                                                                                                           
                                                                                                                                
9:28:29 AM                                                                                                                    
                                                                                                                                
Senator Olson noted that if  he was threatened with a knife,                                                                    
his thoughts were not on  retreating, but were on protecting                                                                    
his family if  the offender was a "stone's  throw" away. Mr.                                                                    
Decker  replied that  if an  offender were  a stone's  throw                                                                    
away, then  current law would  allow a person to  use deadly                                                                    
force  to  protect themselves.  He  stated  that his  letter                                                                    
cited  an  example in  Houston  Texas  where a  similar  law                                                                    
increased gun play. He referenced  the letters of support in                                                                    
the packet.                                                                                                                     
                                                                                                                                
9:30:27 AM                                                                                                                    
                                                                                                                                
Senator Olson  interjected that he had  a different opinion.                                                                    
He did  not wish  for a  person to  incur large  legal bills                                                                    
because they were threatened.                                                                                                   
                                                                                                                                
9:31:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly recalled  an article  about police  training                                                                    
and stated that  a person with a knife who  was 20 feet away                                                                    
would be able  to kill someone before he was  able to draw a                                                                    
gun.  He derived  from the  article that  the zone  around a                                                                    
person that  required protection  was larger  than expected.                                                                    
He disagreed with opinions expressed by ACLU attorneys.                                                                         
                                                                                                                                
9:32:09 AM                                                                                                                    
                                                                                                                                
Senator Dunleavy opined that there  was an assumption in Mr.                                                                    
Decker's  statement  that everyone  was  fit  enough to  run                                                                    
away. He noted  that a handicapped person would  not be able                                                                    
to outrun  an attacker.  An elderly  person might  also have                                                                    
difficulty retreating.                                                                                                          
                                                                                                                                
9:33:38 AM                                                                                                                    
                                                                                                                                
Representative  Neuman stated  that  in the  cases that  Mr.                                                                    
Decker was  referring, it would  not have been legal  to use                                                                    
deadly force  because of Alaska's justification  clauses. He                                                                    
added that  line 6 and 7  of the bill ensured  that a person                                                                    
must believe that the use of deadly force was necessary.                                                                        
                                                                                                                                
9:35:02 AM                                                                                                                    
                                                                                                                                
Mr. Shattuck  stated that  the bill  addressed self-defense.                                                                    
In each  case, the  Attorney General  would be  obligated to                                                                    
review the  case and  a jury  would determine  whether self-                                                                    
defense was utilized in accordance with the law.                                                                                
                                                                                                                                
9:36:12 AM                                                                                                                    
                                                                                                                                
Representative  Neuman  recalled that  Commissioner  Masters                                                                    
from  Department of  Public Safety  testified that  the bill                                                                    
would not change the  department's investigation process. He                                                                    
added that testimony from Department  of Law stated that the                                                                    
process would remain the same regarding prosecution.                                                                            
                                                                                                                                
9:37:26 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer CLOSED  public testimony.  He observed  that                                                                    
the bill  had a zero fiscal  note and wondered why  the bill                                                                    
came to finance.  He trusted the judiciary  committee and he                                                                    
supported the bill.                                                                                                             
                                                                                                                                
9:38:06 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:38:51 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:38:54 AM                                                                                                                    
                                                                                                                                
Senator Olson  inquired what would  happen if a  person shot                                                                    
someone  on their  porch after  receiving a  complaint about                                                                    
loud noise.  He queried  how the bill  would deal  with that                                                                    
situation. Representative  Neuman replied that  the neighbor                                                                    
who  approached  the  porch  with  the  complaint  would  be                                                                    
considered  an  initial  aggressor under  the  justification                                                                    
clauses.  If the  person listening  to the  loud music  felt                                                                    
threatened, then he  would be able to  protect himself under                                                                    
current Alaska law.                                                                                                             
                                                                                                                                
9:40:22 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  understood that the current  statute defined                                                                    
the person complaining about the music as the aggressor.                                                                        
                                                                                                                                
9:40:30 AM                                                                                                                    
                                                                                                                                
Senator Bishop  noted that he  did not oppose the  bill, but                                                                    
that he  respected the comments  of those who did.  He noted                                                                    
that it  was big decision to  take a person's life  and that                                                                    
he  would  do anything  personally  to  retreat rather  than                                                                    
taking  someone's life.  He disagreed  that  gun play  would                                                                    
increase or be encouraged as a result of the bill.                                                                              
                                                                                                                                
9:42:14 AM                                                                                                                    
                                                                                                                                
Senator  Dunleavy clarified  that  the bill  was  not a  gun                                                                    
bill.  The  bill  simply  allowed   Alaskans  to  feel  safe                                                                    
protecting  themselves against  aggressors, no  matter where                                                                    
they were.                                                                                                                      
                                                                                                                                
9:43:01 AM                                                                                                                    
                                                                                                                                
Senator Olson queried a  hypothetical question about hunters                                                                    
trespassing  on someone's  property and  the property  owner                                                                    
shooting the  hunters. He inquired  how the bill  would deal                                                                    
with  that scenario.  Representative  Neuman responded  that                                                                    
the  bill would  still be  prosecuting in  the same  way. He                                                                    
observed  that  under  the hunting  scenario,  the  property                                                                    
owner would not be reasonable  in thinking that his life was                                                                    
in danger.                                                                                                                      
                                                                                                                                
9:45:19 AM                                                                                                                    
                                                                                                                                
Senator Olson  noted that in this  particular situation, one                                                                    
boy was killed  and the other was paralyzed.  He inquired if                                                                    
the bill  would protect  the shooter.  Representative Neuman                                                                    
responded no  because the  shooter could  not prove  that he                                                                    
thought his life was in danger.                                                                                                 
                                                                                                                                
9:46:00 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  stated  that the  bill  was  a  "collapsed"                                                                    
version  of the  statutes. The  statutes did  not allow  the                                                                    
aggressor to shoot a person that was trying to get away.                                                                        
                                                                                                                                
9:46:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to  REPORT  CSHB  24  (JUD)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
9:47:08 AM                                                                                                                    
                                                                                                                                
HB  24  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation  and  with  four  previously  published  zero                                                                    
fiscal notes: FN1(ADM), FN2(ADM), FN3(LAW), and FN4(DPS).                                                                       
                                                                                                                                
9:47:10 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:51:43 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 52 am                                                                                                          
                                                                                                                                
     "An Act relating to allowable absences from the state                                                                      
     for purposes of eligibility for permanent fund                                                                             
     dividends; and providing for an effective date."                                                                           
                                                                                                                                
9:51:43 AM                                                                                                                    
                                                                                                                                
MICHAEL PASCHALL,  STAFF, REPRESENTATIVE ERIC  FEIGE, stated                                                                    
that the  bill was introduced  as an outfall of  a provision                                                                    
in the  allowable absences pertaining to  the Permanent Fund                                                                    
Dividend  (PFD). The  provision  created  a situation  where                                                                    
members of  congress and  their staff  were allowed  to keep                                                                    
their  PFD  on an  allowable  absence  for longer  than  ten                                                                    
years.  He mentioned  that military  members were  sometimes                                                                    
denied  their   PFD  because  of   the  10-year   rule.  The                                                                    
individuals  working  in  Washington  DC and  those  in  the                                                                    
military  were representing  the state  while serving  their                                                                    
country.                                                                                                                        
                                                                                                                                
Mr.  Paschall commented  that the  bill removed  the 10-year                                                                    
rule  from   statute,  which   opened  the   eligibility  to                                                                    
approximately  100 people.  He mentioned  that the  existing                                                                    
regulations  used by  the division  were sometimes  bypassed                                                                    
with  a  justifiable  excuse,  but   when  in  statute,  the                                                                    
division was  bound. The bill  created a  provision allowing                                                                    
an individual  to be  absent for less  than five  years with                                                                    
documentation   of  an   allowable   absence.  Examples   of                                                                    
allowable absences were  accredited educational institution,                                                                    
military,  staff  or  staff of  congress  and  Peace  Corps.                                                                    
During the period of time  the individual must return to the                                                                    
state for a consecutive 72  hours every two years. Following                                                                    
the fifth year,  a person must prove they were  in the state                                                                    
for  30 cumulative  days over  the previous  five years  and                                                                    
provide proof of residency for purposes of a PFD.                                                                               
                                                                                                                                
9:56:41 AM                                                                                                                    
                                                                                                                                
Mr. Paschall  shared that there  was an outline  of criteria                                                                    
in  the bill  used to  evaluate  the intent  to return.  The                                                                    
criteria included a  measurement of the length  of time away                                                                    
from  the  state   versus  the  length  of   time  that  the                                                                    
individual  was   present  in  the  state   along  with  the                                                                    
frequency  and duration  of voluntary  return  trips to  the                                                                    
state during  the past five  years. Always in  the preceding                                                                    
five  years, the  individual  must  be in  the  state for  a                                                                    
cumulative of  30 days.  He added the  criteria of  owning a                                                                    
home in  Alaska, payment of resident  taxes, registration of                                                                    
a   vehicle,  voter   registration  and   history,  driver's                                                                    
license,  business  license   or  professional  license  and                                                                    
receipt of benefits under a  claim of residency in the state                                                                    
or  other  jurisdiction.  The  hope  was  for  an  objective                                                                    
scoring  system based  upon the  length of  absence to  help                                                                    
make  the   determination.  The  final  criterion   was  the                                                                    
priority  given  by  the  individual  to  the  state  on  an                                                                    
employment  assignment  preference   list.  He  provided  an                                                                    
example  in  military  service when  a  member  requested  a                                                                    
location for service.                                                                                                           
                                                                                                                                
10:00:24 AM                                                                                                                   
                                                                                                                                
Mr. Paschall explained the zero  fiscal note. He shared that                                                                    
the   allotment  of   the  dividend   was  based   upon  the                                                                    
performance of the fund. The  dividend amount was calculated                                                                    
as a  total number  based upon  the fund's  performance. The                                                                    
number of  eligible individuals did  not have impact  on the                                                                    
how  much  the state  dispersed  as  part  of the  PFD.  The                                                                    
division  would  not  alter their  staff  because  the  same                                                                    
investigative staff would continue to inspect applications.                                                                     
                                                                                                                                
10:01:50 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  opined that  more  division  time would  be                                                                    
spent  in  the  investigation   process.  He  remarked  that                                                                    
multiple exceptions could result  in a significant financial                                                                    
impact  to the  PFD and  further changes  would continue  to                                                                    
add-up. He agreed that the  military personnel were valuable                                                                    
and should be held harmless.                                                                                                    
                                                                                                                                
10:02:22 AM                                                                                                                   
                                                                                                                                
Senator Bishop  surmised that the division  must develop the                                                                    
objective   scoring  system.   Mr.  Paschall   replied  that                                                                    
guidelines within  the division provided the  opportunity to                                                                    
develop  new  regulations  to  implement  the  legislature's                                                                    
requests.  The opportunity  was available  to create  a more                                                                    
objective scoring  system than  the one currently  in place.                                                                    
He provided  an example  of an applicant  and noted  that an                                                                    
individual who had lived in  Alaska during their youth would                                                                    
score higher than an individual  who had lived in Alaska for                                                                    
a brief time.                                                                                                                   
                                                                                                                                
10:04:15 AM                                                                                                                   
                                                                                                                                
Senator  Bishop asked  if section  2 identified  the scoring                                                                    
system  needs. Mr.  Paschall deferred  the  question to  the                                                                    
division director.  He knew that many  discussions regarding                                                                    
the scoring  system had  occurred, but  he was  unsure about                                                                    
the amount of time that the division spent on the process.                                                                      
                                                                                                                                
10:04:51 AM                                                                                                                   
                                                                                                                                
Senator  Olson  stressed  that  he  had  great  respect  for                                                                    
military  service.  He  wondered  how  to  ensure  that  the                                                                    
exceptions would not take time  or resources from the state.                                                                    
Mr.  Paschall explained  that  there was  no  change in  the                                                                    
definition  of  an  "allowable absence."  The  justification                                                                    
would be mandatory  for those who were not  returning to the                                                                    
state after  the five  years. The  provision changed  in the                                                                    
legislation   addressed   the   tenth  year.   The   current                                                                    
guidelines would be  tightened up after the  sixth year with                                                                    
the legislation.                                                                                                                
                                                                                                                                
10:07:30 AM                                                                                                                   
                                                                                                                                
Senator  Olson  stressed  that   the  division  would  spend                                                                    
additional   time   investigating   the   applications   and                                                                    
allowable absences. He questioned  the zero fiscal note. Mr.                                                                    
Paschall deferred the question to the division director.                                                                        
                                                                                                                                
10:08:41 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
10:08:53 AM                                                                                                                   
                                                                                                                                
DAN DEBARTOLO,  DIVISION DIRECTOR, PERMANENT  FUND DIVISION,                                                                    
DEPARTMENT OF NATURAL RESOURCES  testified that both the ten                                                                    
and the  five year rules were  in place. He stated  that the                                                                    
average technician  spent an average  of eight to  ten hours                                                                    
on the discussed cases. If  the ten-year rule was eliminated                                                                    
the technicians no longer had  that responsibility. He noted                                                                    
that  the  five year  rule  was  in regulation  with  "soft"                                                                    
language.  The division  opined that  moving the  regulation                                                                    
into  statute  provided  a more  powerful  statement.  If  a                                                                    
person did  not return to the  state for a cumulative  of 30                                                                    
days over the five years,  the action demonstrated that they                                                                    
did not intend to return.                                                                                                       
                                                                                                                                
10:11:30 AM                                                                                                                   
                                                                                                                                
Senator Olson expressed satisfaction with the answer.                                                                           
                                                                                                                                
Co-Chair Meyer noted that there was a proposed amendment.                                                                       
                                                                                                                                
10:12:10 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:13:47 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair  Fairclough  stated  that she  had  reviewed  the                                                                    
Alaska  State  Statutes.  She  related  that  the  amendment                                                                    
proposed another exemption by  inserting "or a United States                                                                    
national team  for an Olympic  sport." She pointed  out that                                                                    
exemption  15  in  AS  43.23.08   stated  that  "because  of                                                                    
training  or competing  as  a member  of  the United  States                                                                    
Olympic  team," which  covered her  concerns. Mr.  Debartolo                                                                    
responded that  that the division's interpretation  was that                                                                    
the individual was  a selected Olympic team  member, but not                                                                    
one selected for the national team.                                                                                             
                                                                                                                                
10:15:38 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  observed  that  the  department  had                                                                    
inappropriately interpreted  the intent of  the legislature.                                                                    
She proposed review of her amendment.                                                                                           
                                                                                                                                
10:16:02 AM                                                                                                                   
                                                                                                                                
Co-Chair Kelly requested an  explanation of the department's                                                                    
interpretation.  Mr. DeBartolo  replied that  the division's                                                                    
interpretation of the legislation was  that a "member of the                                                                    
United States Olympic  team" had been selected  for the team                                                                    
and  was on  the  team while  the games  were  in play.  The                                                                    
division  did not  consider a  person  who was  part of  the                                                                    
United States National team a member of the Olympic team.                                                                       
                                                                                                                                
10:17:02 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  wished  to  investigate  the  matter                                                                    
further.  She  understood  the division's  distinction,  but                                                                    
wondered if the amendment  would be considered "friendly" by                                                                    
the sponsor.                                                                                                                    
                                                                                                                                
10:17:34 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  asked  if  the   sponsor  agreed  with  the                                                                    
amendment. Mr. Paschall replied in the affirmative.                                                                             
                                                                                                                                
10:17:45 AM                                                                                                                   
                                                                                                                                
Senator Hoffman  cited section 2,  "an individual  may rebut                                                                    
this presumption by providing  clear and convincing evidence                                                                    
to  the  department."  He  pointed out  line  29  number  4,                                                                    
"additional items that can be  used for rebuttal." He called                                                                    
into  question registration  of a  vehicle, voting  history,                                                                    
and driver's license.  He asked if a person  who could prove                                                                    
that they had  a registered vehicle outside of  the state or                                                                    
was registered to  vote or licensed to drive  outside of the                                                                    
state would  be ineligible  for the  PFD under  the proposed                                                                    
legislation.  Mr.  Debartolo  noted  that  taking  steps  to                                                                    
register  to  vote  outside  of   the  state  was  typically                                                                    
considered  a "severing  action," which  could affect  one's                                                                    
eligibility determination. College  students were encouraged                                                                    
to vote absentee for that purpose.                                                                                              
                                                                                                                                
10:19:56 AM                                                                                                                   
                                                                                                                                
Senator  Hoffman  inquired  what circumstances  would  allow                                                                    
someone  to  get  a  dividend when  they  had  a  registered                                                                    
vehicle  or  voter  registration or  driver's  license  from                                                                    
another  state. Mr.  Debartolo replied  that there  were few                                                                    
circumstances where a person could  receive a dividend under                                                                    
the stated circumstances.                                                                                                       
                                                                                                                                
10:20:46 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough  inquired when the state  might expect                                                                    
to  hit   a  tipping   point.  She  observed   17  different                                                                    
exceptions  to  the   original  residency  requirements  and                                                                    
Alaskan's were losing money in  their dividends as a result.                                                                    
Mr.  Paschall  replied  that  many  different  options  were                                                                    
available. The  sponsor chose to  address only the  issue of                                                                    
treating  individuals differently  at ten  years. The  state                                                                    
Supreme  Court stated  that  economic  protection under  the                                                                    
equal  protection  clause placed  the  change  at the  least                                                                    
scrutiny. He  did not  feel that  the state  was close  to a                                                                    
tipping point. While he did  not object to the amendment, it                                                                    
did  add another  opening that  fell outside  of the  bill's                                                                    
intentions.                                                                                                                     
                                                                                                                                
10:23:39 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough stated  that she  would like  to hear                                                                    
from the  legislative legal  department. She  wondered where                                                                    
the  hurdle was  for those  who  would not  testify and  who                                                                    
expand  in  their  generosity to  share  with  others  being                                                                    
disenfranchised by access to that  resource. She wondered if                                                                    
a  higher hurdle  for  access to  the PFD  would  be a  wise                                                                    
decision.                                                                                                                       
                                                                                                                                
10:25:05 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  noted that Vice-Chair Fairclough  brought up                                                                    
a good point  and that permanent fund had  been around since                                                                    
1981 with  17 exceptions made.  He opined that  the military                                                                    
personnel were  important as members  of Congress  and their                                                                    
staff,  but  felt   that  Vice-Chair  Fairclough's  concerns                                                                    
warranted attention.                                                                                                            
                                                                                                                                
10:26:07 AM                                                                                                                   
                                                                                                                                
Senator   Hoffman  related   a  hypothetical   scenario.  He                                                                    
inquired if  a minor could  reapply for a dividend  in cases                                                                    
where  a parent  neglected to  submit their  application. He                                                                    
noted  that  minors  were  at the  mercy  of  their  parents                                                                    
regarding filing for  a PFD. Mr. DeBartolo  responded that a                                                                    
provision  existed  for  a  child that  did  not  receive  a                                                                    
dividend.  Filing for  prior dividends  could occur  between                                                                    
their 18th and 20th  birthday. Eligibility was then reviewed                                                                    
by the division staff.                                                                                                          
                                                                                                                                
10:28:39 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  appreciated the  questions brought  forth by                                                                    
the committee.                                                                                                                  
                                                                                                                                
Senator  Hoffman  inquired how  many  minors  fell into  the                                                                    
category  described. Mr.  DeBartolo offered  to provide  the                                                                    
data to Senator Hoffman.                                                                                                        
                                                                                                                                
10:29:42 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough  inquired if the example  that Senator                                                                    
Hoffman  had  defined  was in  regulation  or  statute.  Mr.                                                                    
DeBartolo responded  that the provision  for an 18  year old                                                                    
to reapply for their missed dividends was in statute.                                                                           
                                                                                                                                
10:30:47 AM                                                                                                                   
                                                                                                                                
HB  52  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
10:31:04 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:32 a.m.                                                                                         

Document Name Date/Time Subjects
HB 52 28-LS0170A PFD Allowable Absences.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Amended Sectional Analysis 28-LS0170AA.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Comparison 28-LS0170AA to 28-LS0170A.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Allowable Absences Presentation.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Select Regulations.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 PFD Select Statutes.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Sponsor Statement PFD Allowable Absence.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52 Support Letter Ross.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 52am 28-LS0170AA PFD Allowable Absences.pdf SFIN 4/5/2013 9:00:00 AM
HB 52
HB 24 Additional Statutes AS 11 81 340 & 350 3rd Party & Property.pdf SFIN 4/5/2013 9:00:00 AM
HB 24
HB 24 Related Statues on deadly and nondeadly force.docx SFIN 4/5/2013 9:00:00 AM
HB 24
HB 24 Sponsor Statement.docx SFIN 4/5/2013 9:00:00 AM
HB 24