Legislature(2005 - 2006)

2006-04-21 House Journal

Full Journal pdf

2006-04-21                     House Journal                      Page 3258
HB 273                                                                                            
The following, which was held from the April 20, 2006, calendar                                     
(page 3229), was read the second time:                                                              
                                                                                                    
    HOUSE BILL NO. 273                                                                              
    "An Act relating to the dividends of individuals claiming                                       
    allowable absences; and providing for an effective date."                                       
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 STA RPT CS(STA) NT 5DP 1DNP 1NR                                  2379                              
 FN1: ZERO(REV)                                                   2380                              
 FIN RPT CS(FIN) NT 2DP 3NR 2AM                                   2554                              

2006-04-21                     House Journal                      Page 3259
 FN2: (REV)                                                       2554                              
 RLS RPT CS(RLS) NT 1DP 3NR 2AM                                   2768                              
 FN2: (REV)                                                       2768                              
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 273(RLS)                                                                  
    "An Act relating to the dividends of certain individuals claiming                               
    allowable absences; and providing for an effective date."                                       
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 3, following line 17:                                                                          
 Insert a new paragraph to read:                                                                    
      "(14)  serving in Antarctica with or through the                                          
    United States Antarctic Program;"                                                           
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 2 be adopted.                                                                         
                                                                                                    
There was objection.                                                                                
                                                                                                    
Amendment to Amendment No. 2 was offered  by Representative                                          
Meyer:                                                                                              
                                                                                                    
Following "Antarctica":                                                                         
 Insert "except South Orkney Islands and South Georgia"                                         
                                                                                                    
Representative Meyer moved and asked unanimous consent that                                         
Amendment to Amendment No. 2 be adopted.                                                            
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    

2006-04-21                     House Journal                      Page 3260
Representative Meyer moved and asked unanimous consent to                                           
withdraw Amendment to Amendment No. 2.  There being no                                              
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 273(RLS)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  15   NAYS:  20   EXCUSED:  4   ABSENT:  1                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Dahlstrom, Elkins, Foster, Gara,                                
Gruenberg, Guttenberg, Joule, Kerttula, Kohring, Kott, Lynn, Thomas                                 
                                                                                                    
Nays:  Coghill, Gardner, Gatto, Harris, Hawker, Holm, Kelly,                                        
LeDoux, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon,                                      
Samuels, Seaton, Stoltze, Weyhrauch, Wilson                                                         
                                                                                                    
Excused:  Anderson, Chenault, Kapsner, McGuire                                                      
                                                                                                    
Absent:  Croft                                                                                      
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 3 was offered  by Representatives Kerttula,                                            
Weyhrauch, and Joule:                                                                               
                                                                                                    
Page 4, line 19:                                                                                    
    Delete "for the year immediately following the"                                                 
    Insert "the dividends for the two years immediately following                                   
    that"                                                                                           
                                                                                                    
Page 4, line 24:                                                                                    
    Delete "the current"                                                                            
    Insert "that current"                                                                           
                                                                                                    
Page 4, line 26:                                                                                    
    Delete "the"                                                                                    
    Insert "that"                                                                                   
                                                                                                    

2006-04-21                     House Journal                      Page 3261
Representative Kerttula moved and asked unanimous consent that                                      
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 3 was adopted.                                                                        
                                                                                                    
Amendment No. 4 was offered  by Representatives Lynn and                                             
Dahlstrom:                                                                                          
                                                                                                    
Page 2, following line 11:                                                                          
    Insert a new bill section to read:                                                              
"* Sec. 2. AS 43.23.005(f) is amended to read:                                                    
     (f)  The requirement of (a)(4) of this section does not apply                              
    to an individual who is absent from the state under                                         
    AS 43.23.008(a)(3) if the individual was eligible during the                                
    qualifying year for hostile fire or imminent danger pay while                               
    serving on active duty as a member of the armed forces of the                               
    United States. The requirement of (a)(4) of this section does                               
    not apply to an individual who is absent from the state under                               
    AS 43.23.008(a)(3) if the individual was serving on active duty                             
    during all or part of the qualifying year outside of the United                             
    States or was accompanying an individual who was serving on                                 
    active duty outside of the United States. The commissioner may                              
    waive the requirement of (a)(4) of this section for an individual                               
    absent from the state                                                                           
      (1)  in a time of national military emergency under                                           
    military orders while serving in the armed forces of the United                                 
    States, or for the spouse and dependents of that individual; or                                
      (2)  while in the custody of the Department of Health and                                     
    Social Services in accordance with a court order under AS 47.10                                 
    or AS 47.12 and placed outside of the state by the Department of                                
    Health and Social Services for purposes of medical or behavioral                                
    treatment."                                                                                     
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, line 2:                                                                                     
    Delete "(e)"                                                                                    
    Insert "(e) - (g)"                                                                              
                                                                                                    

2006-04-21                     House Journal                      Page 3262
Page 4, following line 27:                                                                          
    Insert new subsections to read:                                                                 
     "(f)  The dividend of an individual claiming an allowable                                      
    absence under AS 43.23.008(a)(3) shall be paid to the individual                                
    under AS 43.23.055(2). However, payments under this subsection                                  
    may be made to the individual only for a period not to exceed four                              
    consecutive years, except that the four-year period is extended to                              
    include additional consecutive years if the individual was eligible                             
    during each of the additional applicable qualifying years for                                   
    hostile fire or imminent danger pay while serving on active duty                                
    as a member of the armed forces of the United States.                                           
     (g)  This subsection does not apply to an absence under                                        
    43.23.008(a)(1) or (2) if the absence is for postsecondary                                      
    education, including undergraduate or graduate college,                                         
    professional, or vocational education, and the individual                                       
    maintained during the qualifying year at least a C grade point                                  
    average or its equivalent."                                                                     
                                                                                                    
Representative Lynn moved and asked unanimous consent that                                          
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Weyhrauch objected.                                                                  
                                                                                                    
Amendment to Amendment No. 4 was offered  by Representative                                          
Gruenberg:                                                                                          
                                                                                                    
Following "(g)":                                                                                    
 Delete "subsection"                                                                                
 Insert "section"                                                                                   
                                                                                                    
Representative Gruenberg moved and asked unanimous consent that                                     
Amendment to Amendment No. 4 be adopted.   There being no                                           
objection, it was so ordered.                                                                       
                                                                                                    
The question being:  "Shall Amendment No. 4 as amended be                                           
adopted?"  The roll was taken with the following result:                                            
                                                                                                    
CSHB 273(RLS) am                                                                                    
Second Reading                                                                                      
Amendment No. 4 as amended                                                                          
                                                                                                    
YEAS:  23   NAYS:  13   EXCUSED:  4   ABSENT:  0                                                  
                                                                                                    

2006-04-21                     House Journal                      Page 3263
Yeas:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster,                               
Gara, Gardner, Gatto, Gruenberg, Guttenberg, Holm, Kerttula, Kott,                                  
LeDoux, Lynn, Olson, Ramras, Salmon, Stoltze, Thomas, Wilson                                        
                                                                                                    
Nays:  Coghill, Harris, Hawker, Joule, Kelly, Kohring, Meyer, Moses,                                
Neuman, Rokeberg, Samuels, Seaton, Weyhrauch                                                        
                                                                                                    
Excused:  Anderson, Chenault, Kapsner, McGuire                                                      
                                                                                                    
And so, Amendment No. 4 as amended was adopted.                                                     
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 273(RLS) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
There was objection.                                                                                
                                                                                                    
CSHB 273(RLS) am will advance to third reading on the April 24,                                     
2006, calendar.