Legislature(2015 - 2016)SENATE FINANCE 532

04/12/2016 09:00 AM FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 100 UREA/AMMONIA/GAS-LIQ FACILITY; TAX CREDIT TELECONFERENCED
Heard & Held
+ HB 77 DISABILITY:ID/LICENSE AND TRAINING RQMTS. TELECONFERENCED
Heard & Held
HB 155 FEES; WAIVERS; CREDITS; DEDUCTIONS;TAXES
Heard & Held
+ HB 143 AIDEA BONDS: SWEETHEART CREEK HYDRO PROJ. TELECONFERENCED
Heard & Held
+= HB 41 SPORT FISHING SERVICES TELECONFERENCED
Heard & Held
+= HB 137 HUNT/FISH/TRAP: FEES;LICENSES;EXEMPTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 155(FIN)                                                                                                
                                                                                                                                
     "An  Act  repealing  an exploration  incentive  credit;                                                                    
     amending the  calculation of adjusted gross  income for                                                                    
     purposes  of  the  tax on  gambling  activities  aboard                                                                    
     large passenger vessels; repealing  the amount that may                                                                    
     be  deducted  from the  motor  fuel  tax to  cover  the                                                                    
     expense of  accounting and filing  for the  monthly tax                                                                    
     return;    repealing    a   provision    allowing    an                                                                    
     investigation expense under the  Alaska Small Loans Act                                                                    
     to  be in  place of  a  fee required  under the  Alaska                                                                    
     Business License Act; repealing  the amount that may be                                                                    
     deducted  from  the tobacco  excise  tax  to cover  the                                                                    
     expense of  accounting and filing  for the  monthly tax                                                                    
     return; repealing the discount  on cigarette tax stamps                                                                    
     provided  as compensation  for affixing  the stamps  to                                                                    
     packages; and providing for an effective date."                                                                            
                                                                                                                                
9:53:54 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:55:27 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
REPRESENTATIVE STEVE THOMPSON, SPONSOR; discussed the bill:                                                                     
                                                                                                                                
     With increasing technology,  DNA exonerations have been                                                                    
     on the  rise. There  have been 325  post-conviction DNA                                                                    
     exonerations with the vast  majority coming since 2000.                                                                    
     Each of  these individuals  spent time behind  bars, an                                                                    
     average of 13.6 years, and  was released into a changed                                                                    
     world. House Bill 55  gives these wrongfully imprisoned                                                                    
     victims  a chance  to start  a new  life and  integrate                                                                    
     back into society.                                                                                                         
                                                                                                                                
     Specifically, HB  55 creates an  administrative process                                                                    
     whereby victims of  overturned criminal convictions can                                                                    
     request compensation  from the  state for  time served.                                                                    
     They can be  compensated up to $50,000 per  year with a                                                                    
     cap at  two million  dollars. In  order to  qualify for                                                                    
     the compensation,  the claimant  must have  served time                                                                    
     in prison  and then  have been exonerated  via retrial,                                                                    
     dismissed  charges,  or  executive  pardon  because  of                                                                    
     innocence.                                                                                                                 
                                                                                                                                
     While there is  no price on the  emotional and personal                                                                    
     suffering of  those who were wrongfully  imprisoned, HB
     55 would  bring Alaska  up to the  federal compensation                                                                    
     standard  to help  right the  state's wrong.  Financial                                                                    
     compensation   would    help   victims    of   wrongful                                                                    
     imprisonment repair  their lives  by covering  costs of                                                                    
    education, healthcare, housing and transportation.                                                                          
                                                                                                                                
     This legislation  will right the state's  wrongs. Every                                                                    
     innocent   person,  regardless   of  how   they  became                                                                    
     incarcerated, deserves  just compensation for  the time                                                                    
     they wrongly  served. HB  55 is a  stepping stone  in a                                                                    
     long process towards protecting all Alaskans.                                                                              
                                                                                                                                
9:57:18 AM                                                                                                                    
                                                                                                                                
BRODIE ANDERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,                                                                          
discussed the sectional analysis:                                                                                               
                                                                                                                                
     Section  1of  the  bill adds  wrongful  conviction  and                                                                    
     imprisonment to AS 44.77.010(a)  which provides for the                                                                    
     presentation of  money claims against the  state to the                                                                    
     Department of Administration.                                                                                              
     Section  2 sets  out  the circumstances  under which  a                                                                    
     person will  be eligible for compensation  for wrongful                                                                    
     conviction and imprisonment:                                                                                               
     AS 44.77.018(a)  requires that for  a person  to obtain                                                                    
     compensation, the  person must first present  the claim                                                                    
     to the  attorney general and  show that the  person was                                                                    
     convicted of one  or more offenses, was  sentenced to a                                                                    
     term  of  imprisonment,  served  part  or  all  of  the                                                                    
     sentence, and:                                                                                                             
                                                                                                                                
          (1) That  the conviction  was vacated  or reversed                                                                    
          because  the person  was not  guilty; or  a pardon                                                                    
          was granted  on account of innocence  and wrongful                                                                    
          conviction                                                                                                            
          (2) The  person did not  commit any of  the crimes                                                                    
          charged  in  the  criminal  action  in  which  the                                                                    
          person  was  convicted,  and  did  not  cause  the                                                                    
          conviction   by  committing   perjury  or   induce                                                                    
          another to  commit perjury. A false  confession or                                                                    
          guilty plea to  a crime the person  did not commit                                                                    
          is not  considered a cause  of conviction  in this                                                                    
          section.                                                                                                              
                                                                                                                                
     AS 44.77.018(b) provides that a  person is not entitled                                                                    
     to compensation  for a period  of imprisonment  that is                                                                    
     served  concurrently   with  a  sentence   for  another                                                                    
     offense.                                                                                                                   
     AS 44.77.018(c) sets the requirement  of the section at                                                                    
     $50,000  times   the  number   of  years   of  wrongful                                                                    
     imprisonment, including  fractions representing partial                                                                    
     year, up to a maximum of $2 million.                                                                                       
     AS  44.77.018(d)   prohibits  a  person   who  receives                                                                    
     compensation under the section  from bringing an action                                                                    
     on  the  same  subject matter  involving  the  person's                                                                    
     arrest, conviction, or length of confinement.                                                                              
     AS  44.77.018(e) requires  that a  claim must  be filed                                                                    
     within  two  years  after  the  dismissal,  not  guilty                                                                    
     verdict, or pardon on which  the claim is based, except                                                                    
     that the  attorney general can authorize  payment for a                                                                    
     late-filed  claim if  the person  shows good  cause for                                                                    
     the delay.                                                                                                                 
     Section  3  a  person  making  a  claim  from  wrongful                                                                    
     conviction and  imprisonment may  appeal the  denial of                                                                    
     the claim under the  Administrative Procedures Act, but                                                                    
     may  not, unlike  other claimants  under AS  44.77.010,                                                                    
     bring an action under  AS 09.50.250 - 09.50.300 (claims                                                                    
     against the state) if  the Department of Administration                                                                    
     fails to act under AS 44.77.                                                                                               
     Section  4  provides  that   for  claims  for  wrongful                                                                    
     conviction and  imprisonment, the claims process  in AS                                                                    
     44.77.010  - 44.77.060  applies even  if the  agency to                                                                    
     which the person  applies (which in this  case would be                                                                    
     the  Department   of  Law)   has  a   mandatory  claims                                                                    
     procedure.                                                                                                                 
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
HB 155 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
10:01:37 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:02:00 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 100 03-31-15 Peak Oilfield Service Company LLC Letter of Support for HB 100.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 3.25.15 HRES HB 100 - J R Meyers Opposition.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 4-4-16 Mayor Letter HB100-Agrium.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 1427 Agrium State Gov Impact Revised 1_28_2015.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Agrium Econ Impact Final Report 5.22.13.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 AgriumStudy11_4.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Alaska Garden Letter of Support-HB 100.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 AS 38.05.135.docx SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 CSHB 100 (FIN) Sponsor Statement.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Forms 6000 and 6300.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Friese-Letter of Support-HB 100.docx SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 House bill 100 Agrium.msg SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 House Bill 100-Letter of Support_Klessens.doc SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 How the credit works.docx SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 House Bill 100.msg SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Kenai Resolution.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 KPEDD Letter of Support.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Letter of Support-Furie.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony Benson.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony Egrass.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony KPEDD.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony Huston.msg SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony Lynden.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Public Testimony Smith.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support Letter Saner.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-Arctic Rope and Wire.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-Cialek.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-Dowland Bach.docx SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-Glacier Electric.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-Kenai Chamber.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100 Support-KPEDD.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100.msg SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-AgriumRestartSupportLetter_HEA.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Letter of Support-Alaska Farm Bureau.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Support_Stynsberg.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Support-Kakivik.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Support-Udelhoven.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Support-Warthen.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
Support of HB 100 - Epperheimer Inc..msg SFIN 4/12/2016 9:00:00 AM
HB 100
HB 100-Univar Support.pdf SFIN 4/12/2016 9:00:00 AM
HB 100
CSHB 77 Sponsor Statement 3 11 16.pdf SFIN 4/12/2016 9:00:00 AM
HB 77
HB 77 Disability Training and Identification Bill support senator mackinnon.docx SFIN 4/12/2016 9:00:00 AM
HB 77
HB 77- Supporting Documentation.pdf SFIN 4/12/2016 9:00:00 AM
HB 77
Summary of Changes ver. W-ver. E-, ver. P 4-5-2016.pdf SFIN 4/12/2016 9:00:00 AM
HB 77
HB 143 Sectional Summary.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB 137 2016-Apr-BOG Game Lic Inc Support-HB 137.pdf SFIN 4/12/2016 9:00:00 AM
HB 137
HB 137 SCS CSHB 137(RES) Supporting Document - Tag Fee Revenue Increase.pdf SFIN 4/12/2016 9:00:00 AM
HB 137
HB 137 SCS CSHB 137(RES) Supporting Document - License and Stamp Fee Revenue Increase.pdf SFIN 4/12/2016 9:00:00 AM
HB 137
HB 137 Public Testimony Mauer.pdf SFIN 4/12/2016 9:00:00 AM
HB 137
HB 41 Public Testimony Downes Tallerico Schwalm.pdf SFIN 4/12/2016 9:00:00 AM
HB 41
HB 41 Public Testimony KRSA.pdf SFIN 4/12/2016 9:00:00 AM
HB 41
HB 137 Public Testimony KRSA.pdf SFIN 4/12/2016 9:00:00 AM
HB 137
HB 41 CSHB 41 work draft version G.pdf SFIN 4/12/2016 9:00:00 AM
HB 41
HB 143 Sectional Summary.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 AIDEA Springsteen.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 CBJ Support March 22 2016.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 Juneau Hydro Presentation.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 Kensington Update Support Letter January 2016.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 Letters of Support.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 Operating Engineers Support Letter.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143 Resolutions of Support.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143(S)FIN Explanation of Changes.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB143(S)FIN Sponsor Statement.pdf SFIN 4/12/2016 9:00:00 AM
HB 143
HB 155 Sectional Summary.pdf SFIN 4/12/2016 9:00:00 AM
HB 155
HB 100 Sectional Summary CSHB 100(FIN).pdf SFIN 4/12/2016 9:00:00 AM
HB 100
HB 137 Public Testimony Packet 1.pdf SFIN 4/12/2016 9:00:00 AM
HB 137