Legislature(1993 - 1994)
1994-04-15 House Journal
Full Journal pdf1994-04-15 House Journal Page 3512 HB 392 The following was read the second time: HOUSE BILL NO. 392 "An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date." 1994-04-15 House Journal Page 3513 HB 392 with the: Journal Page STA RPT CS(STA) 2DP 3NR 2605 -ZERO FISCAL NOTE (REV) 3/4/94 2605 JUD RPT CS(JUD) 4DP 2NR 2966 -PREVIOUS ZERO FISCAL NOTE (REV) 3/4/94 2966 FIN RPT CS(FIN) 3DP 1DNP 5NR 3192 -PREVIOUS ZERO FISCAL NOTE (REV) 3/4/94 3193 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 392(FIN) (same title) There being no objection, it was so ordered. The Chief Clerk was instructed to make the following technical correction to CSHB 392(FIN): Page 9, line 19, after "applicants": Delete "and telephone numbers of applicants if the numbers are published in a current telephone directory" Amendment No. 1 was offered by Representative Martin: Page 2, line 6: Delete "two calendar years before the current dividend year; [AND]" Insert new material to read: "(A) two calendar years before the current dividend year; or (B) four calendar years before the current dividend year if the individual (i) was on active duty in the military forces of the United States during that entire period and this state was the home of record for that individual filed with the military upon entry into military service; or 1994-04-15 House Journal Page 3514 HB 392 (ii) is a spouse or dependent of a resident or nonresident member of the military forces of the United States who was on active duty during that entire period; [AND]" Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Parnell objected. Representative Mackie called for the question. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 392(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 21 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, G.Davis, Green, Hudson, Kott, Martin, Mulder, Nordlund, Olberg, Phillips, Sanders, Toohey, Vezey Nays: Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Foster, Grussendorf, Hanley, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Parnell, Porter, Therriault, Williams Excused: B.Davis, Hoffman, Ulmer, Willis Absent: James, Sitton And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Parnell and Brown: Page 10, after line 24: 1994-04-15 House Journal Page 3515 HB 392 Insert a new subsection to read: "(f) Notwithstanding (b) and (c) of this section, the department may not release an individual's social security number unless release of the number is required by federal law or the individual has been notified that the department may release the number." Representative Parnell moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Nordlund: Page 4, after line 10: Insert a new paragraph to read: "(15) serving at sea aboard a United States flagged vessel exceeding 100 gross tons if the individual is required to possess a valid United States merchant mariner's document issued by the United State Coast Guard;" Renumber the following paragraphs accordingly. Page 4, line 16: Delete "(15)" Insert "(16)" Page 4, line 29: Delete "(15)" Insert "(16)" Page, 4, line 31: Delete "(15)" Insert "(16)" Representative Nordlund moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Parnell objected. 1994-04-15 House Journal Page 3516 HB 392 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 392(FIN) am Second Reading Amendment No. 3 YEAS: 8 NAYS: 25 EXCUSED: 4 ABSENT: 3 Yeas: Barnes, Carney, Davies, Martin, Menard, Mulder, Navarre, Nordlund Nays: Brice, Brown, Bunde, Davidson, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Moses, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis Absent: James, Nicholia, Sitton And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Nordlund: Page 4, after line 10: Insert a new paragraph to read: "(15) serving in the commissioned corps of the United States Public Health Service;" Renumber the following paragraphs accordingly. Page 4, line 16: Delete "(15)" Insert "(16)" Page 4, line 29: Delete "(15)" Insert "(16)" 1994-04-15 House Journal Page 3517 HB 392 Page, 4, line 31: Delete "(15)" Insert "(16)" Representative Nordlund moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Parnell objected. Representative Nordlund moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Davies: Page 4, following line 10: Insert "(15) serving as an ordained minister in official capacity that requiring the person to travel or live outside of Alaska for up to 2 years and where the person maintains a residence in Alaska;" Renumber remaining paragraphs accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Parnell objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 392(FIN) am Second Reading Amendment No. 5 YEAS: 8 NAYS: 26 EXCUSED: 4 ABSENT: 2 Yeas: Davies, Finkelstein, Hudson, James, Menard, Mulder, Sitton, Therriault 1994-04-15 House Journal Page 3518 HB 392 Nays: Barnes, Brice, Brown, Bunde, Carney, Davidson, G.Davis, Foster, Green, Grussendorf, Hanley, Kott, Larson, Mackie, MacLean, Martin, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis Absent: Moses, Navarre And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representatives Mulder and Kott: Page 12, following line 2, insert: "* Section 18. AS 43.23 is amended by adding a new section to read: Sec. 43.23.017. DIVIDENDS OF CERTAIN INDIVIDUALS WHO HAVE BEEN ABSENT. (a) An individual who is eligible for a permanent fund dividend and has been absent from the state for at least 181 consecutive days during the calendar year immediately preceding January 1 of the current dividend year may not receive the dividend until the individual (1) has been physically present in the state for a subsequent calendar year, except that during that year the individual may have been absent for up to 90 days; and (2) is otherwise eligible for the dividend declared for the year immediately following the year that satisfies the requirements of (1) of this section. (b) If, before receiving the prior year dividend, an individual who is eligible to receive a prior year dividend under (a) of this section fails to apply or qualify for a dividend for a subsequent year, that individual becomes ineligible to receive the prior year dividend. (c) If an individual who is eligible for a dividend but has not received it dies before satisfying the requirements of (a)(1) and (2) of this section, the department shall pay the dividend to the appropriate person on behalf of the estate of the individual. 1994-04-15 House Journal Page 3519 HB 392 *Sec. 2. This Act takes effect January 1, 1996." Page 12, line 5: Delete "and 8 - 18" Insert "and 8 - 17 and 19" Renumber the following paragraphs accordingly. Representative Mulder moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Parnell objected. Amendment No. 1 to Amendment No. 6 was offered by Representative Mulder: Delete "*Sec. 2. This Act" Insert "*Sec. 22. Section 18" Representative Mulder moved and asked unanimous consent that Amendment No. 1 to Amendment No. 6 be adopted. There being no objection, it was so ordered. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Davies Representative G.Davis Representative Phillips Representative Menard Representative Williams Representative Foster Representative Carney Objection was heard, and the members were required to vote. 1994-04-15 House Journal Page 3520 HB 392 Amendment No. 2 to Amendment No. 6 was offered by Representative Bunde: Delete all of subsection (c). Representative Bunde moved and asked unanimous consent that Amendment No. 2 to Amendment No. 6 be adopted. Objection was heard. Representative Bunde moved and asked unanimous consent to withdraw Amendment No. 2 to Amendment No. 6. There being no objection, it was so ordered. The question being: "Shall Amendment No. 6 as amended be adopted?" The roll was taken with the following result: CSHB 392(FIN) am Second Reading Amendment No. 6 as amended YEAS: 23 NAYS: 11 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter Nays: Bunde, Grussendorf, Hanley, Martin, Olberg, Parnell, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Ulmer, Willis Absent: Moses, Sitton And so, Amendment No. 6 as amended was adopted. 1994-04-15 House Journal Page 3521 HB 392 Representative Phillips moved and asked unanimous consent that CSHB 392(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 392(FIN) am was read the third time. The question being: "Shall CSHB 392(FIN) am pass the House?" The roll was taken with the following result: CSHB 392(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Nays: Brice, Davies, Martin Excused: B.Davis, Hoffman, Ulmer, Willis Absent: Moses And so, CSHB 392(FIN) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Brown gave notice of reconsideration of her vote on CSHB 392(FIN) am.