Legislature(1997 - 1998)
1998-04-16 Senate Journal
Full Journal pdf1998-04-16 Senate Journal Page 3310 HB 2 Senator Donley requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) An Act requiring, for purposes of permanent fund dividend eligibility, an individual to 1998-04-16 Senate Journal Page 3311 HB 2 have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full- time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individuals intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state resident for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. 1998-04-16 Senate Journal Page 3312 HB 2 Senator Donley offered Amendment No. 2 : Page 3, lines 9 - 10: Delete "for at least 72 consecutive hours" Page 3, following line 20: Insert a new bill section to read: "* Sec. 3. AS 43.23.005(a) is amended to read: (a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS43.23.025 if the individual (1) applies to the department; (2) is a state resident on the date of application; (3) was a state resident during the entire qualifying year; (4) has been physically present in the state for at least 72 consecutive hours at some time during the prior two years before the current dividend year; (5) is (A) a citizen of the United States; (B) an alien lawfully admitted for permanent residence in the United States; (C) an alien with refugee status under federal law; or (D) an alien that has been granted asylum under federal law; and (6) was, at all times during the qualifying year, physically present in the state or, if absent, was absent only as allowed in AS43.23.008." Renumber the following bill sections accordingly. Page 7, line 26: Delete "sec. 4" Insert "sec. 5" Page 8, line 11: Delete "Section 9" Insert "Section 10" 1998-04-16 Senate Journal Page 3313 HB 2 Page 8, line 12: Delete "Sections 9 and 10" Insert "Sections 10 and 11" Page 8, line 13: Delete "Sections 1 - 8" Insert "Sections 1, 2, and 4 - 9" Page 8, following line 13: Insert a new bill section to read: "* Sec. 14. Section 3 of this Act takes effect January 1, 2000." Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 2(FIN) Second Reading Amendment No. 2 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford and so, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S was automatically in third reading. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 3 : 1998-04-16 Senate Journal Page 3314 HB 2 Page 4, line 3, after the word absences Add during the years of 1998, 1999, and 2000. Senator Adams moved for the adoption of Amendment No. 3. Objections were heard. Senator Duncan moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Duncan was required to vote. Senator Adams moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 3: Page 4, line 5 after a Delete current year Insert 1999, 2000, or 2001 Without objection, Amendment No. 3 was amended. The question being: Shall Amendment No. 3 as amended be adopted? The roll was taken with the following result: SCS CSHB 2(FIN) am S Second Reading Amendment No. 3 as amended YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Green, Halford, Hoffman, Lincoln, Mackie, Sharp, Taylor, Ward, Wilken Nays: Donley, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Torgerson Mackie changed from "Nay" to "Yea". Sharp changed from "Nay" to "Yea". and so, Amendment No. 3 as amended was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S was automatically in third reading. 1998-04-16 Senate Journal Page 3315 HB 2 The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life- threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individuals intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state resident for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-04-16 Senate Journal Page 3316 HB 2 SCS CSHB 2(FIN) am S Third Reading - On Reconsideration Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.