Legislature(1995 - 1996)

1995-04-13 Senate Journal

Full Journal pdf

1995-04-13                     Senate Journal                      Page 1026
SB 135                                                                       
SENATE BILL NO. 135 "An Act relating to permanent fund                         
dividend program notice requirements, to the ineligibility for                 
dividends of individuals convicted of felonies or incarcerated for             
misdemeanors, and to the determination of the number and identity              
of certain ineligible individuals; and providing for an effective date"        
was read the second time.                                                      
                                                                               
Senator Frank offered Amendment No. 1 :                                         
                                                                              
Page 2, line 13:                                                               
	Delete "AS 43.23.028(b)"                                                      
	Insert "AS 43.23.028"                                                         
                                                                               
Page 2, after line 13:                                                         
	Insert new material to read:                                                  
	"Sec. 43.23.028.  PUBLIC NOTICE.  (a)  By                                    
October1 of each year, the commissioner shall give public                  
notice of the value of each permanent fund dividend for that                   
year.  The notice and the stub attached to each individual                     
dividend check must [DISCLOSE THE AMOUNT]                                      
                                                                               

1995-04-13                     Senate Journal                      Page 1027
SB 135                                                                       
		(1)  disclose the amount of each dividend                               
attributable to income earned by the permanent fund from                       
deposits to that fund required under art. IX, sec. 15,                         
Constitution of the State of Alaska;                                           
		(2)  disclose the amount of each dividend                               
attributable to income earned by the permanent fund from                       
appropriations to that fund and from amounts added to that                     
fund to offset the effects of inflation; [AND]                                 
		(3)  disclose the amount by which each                                  
dividend has been reduced due to each appropriation from                       
the dividend fund, including amounts to pay the costs of                       
administering the dividend program and the hold harmless                       
provisions of AS43.23.075;                                                 
		(4)  disclose the total amount that would                                 
have been paid during the current fiscal year to                               
individuals who are ineligible to receive dividends under                      
AS43.23.005(d) if they had been eligible;                                      
		(5)  include a statement that an individual                                 
is not eligible for this dividend when                                         
		(A)  during the calendar year                                              
immediately preceding this dividend year the                                   
individual was convicted of a felony;                                          
		(B)  during all or part of the                                             
calendar year immediately preceding this                                       
dividend year, as a result of the conviction of a                              
felony, the individual was incarcerated; or                                    
		(C)  during all or part of the                                             
calendar year immediately preceding this                                       
dividend year, as a result of a third or                                       
subsequent conviction of a misdemeanor, the                                    
individual was incarcerated;                                                   
		(6)  include a statement that the                                           
legislative purpose for making individuals listed under (5)                    
of this subsection ineligible is reimbursement for some of                     
the costs imposed on the state criminal justice system                         
related to apprehension, prosecution, conviction,                              
incarceration, or probation of  individuals convicted of a                     
felony and individuals who are chronic misdemeanants as                        
demonstrated by their being incarcerated as a result of                        
a third or subsequent misdemeanor conviction; and                            
                                                                               

1995-04-13                     Senate Journal                      Page 1028
SB 135                                                                      
		(7)  disclose the total amount                                             
appropriated for the current fiscal year under (b) of this                     
section for each of the separate categories listed."                         
                                                                               
Page 2, line 17:                                                               
	Delete "(a)"                                                                  
	Insert "(a)(3) [(a)]"                                                     
                                                                               
Senator Frank moved for the adoption of Amendment No. 1.                       
Senator Adams objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SB 135                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman,                   
Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp,          
Taylor, Torgerson, Zharoff                                                     
                                                                               
Excused:  Donley                                                               
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Adams offered Amendment No. 2 :                                         
                                                                               
Page 2, line 13, through page 3, line 2:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, lines 13 - 21:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1995-04-13                     Senate Journal                      Page 1029
SB 135                                                                       
Page 4, after line 21:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS 43.23.028(b) is repealed."                                 
                                                                               
Page 4, line 22:                                                               
	Delete "Sections 3 and 5 of this Act are"                                     
	Insert "Section 3 of this Act is"                                             
                                                                               
Page 4, line 23:                                                               
	Delete " 5, 7, and 8"                                                         
	Insert "and 6"                                                                
                                                                               
Page 4, line 25:                                                               
	Delete "and 6"                                                                
	Insert ", 4, and 5"                                                           
                                                                               
Page 4, line 26:                                                               
	Delete all material.                                                          
                                                                               
Senator Adams moved for the adoption of Amendment No. 2.                       
Senator Halford objected, then withdrew his objection.  There being            
no further objections, Amendment No. 2 was adopted.                            
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
The question being:  "Shall SENATE BILL NO. 135 am "An Act                     
relating to permanent fund dividend program notice requirements, to            
the ineligibility for dividends of individuals convicted of felonies or        
incarcerated for misdemeanors, and to the determination of the                 
number and identity of certain ineligible individuals; and providing           
for an effective date" advance from second to third reading?"  The             
roll was taken with the following result:                                      
                                                                               
                                                                               

1995-04-13                     Senate Journal                      Page 1030
SB 135                                                                       
                                                                               
SB 135 am                                                                      
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Excused:  Donley                                                               
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE BILL NO. 135 am will appear on the April 18 calendar.