Legislature(2015 - 2016)

2016-04-16 House Journal

Full Journal pdf

2016-04-16                     House Journal                      Page 2420
SB 24                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    CS FOR SENATE BILL NO. 24(JUD)                                                                                              
    "An Act relating to the applicability of the Legislative Ethics Act                                                         
    to legislative interns, legislative volunteers, legislative                                                                 
    consultants, legislative independent contractors, sole                                                                      
    proprietorships, and other legal entities."                                                                                 
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 STA RPT 2DP 5NR                                                   2109                                                         
 FN2: ZERO(LEG)                                                    2109                                                         
 JUD RPT 4DP 2NR                                                   2221                                                         
 FN2: ZERO(LEG)                                                    2221                                                         
                                                                                                                                
Amendment No. 1 was offered by Representative Wilson:                                                                           
                                                                                                                                
Page 1, line 3, following "entities" (title amendment):                                                                       
    Insert "; and excluding contractors and persons who work for                                                              
contractors from participating in certain benefit plans provided                                                              
by the state, certain political subdivisions, or certain public                                                               
organizations based on performing fee-based or contract services"                                                             
                                                                                                                                
Page 2, following line 25:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 4. AS 39.35 is amended by adding a new section to read:                                                               

2016-04-16                     House Journal                      Page 2421
         Sec. 39.35.605. Contractors and employees of contractors                                                             
    excluded from plan. (a) A person or legal entity providing                                                                
    services to the state or to a political subdivision or public                                                               
    organization on a contractual or fee basis may not participate as an                                                        
    employer in the plan based on those services.                                                                               
         (b)  A person may not participate in the plan as an employee                                                           
    or member as the result of performing work for a person providing                                                           
    services under (a) of this section.                                                                                         
   * Sec. 5. AS 39.35 is amended by adding a new section to read:                                                             
         Sec. 39.35.956. Contractors and employees of contractors                                                             
    excluded from plan. (a) A person or legal entity providing                                                                
    services to the state or to a political subdivision or public                                                               
    organization on a contractual or fee basis may not participate as an                                                        
    employer in the plan based on those services.                                                                               
         (b)  A person may not participate in the plan as an employee                                                           
    or member as the result of performing work for a person providing                                                           
    services under (a) of this section.                                                                                         
   * Sec. 6. AS 39.35.990(16) is amended to read:                                                                             
             (16)  "member" or "employee" means a person who is                                                                 
    eligible to participate in the plan and who is covered by the plan,                                                         
    including the governor, the lieutenant governor, and a member of                                                            
    the legislature, but does not include                                                                                       
                  (A)  a full-time or part-time instructor                                                              
         [INSTRUCTORS] of the Department of Labor and Workforce                                                                 
         Development or [AND] the Department of Education and                                                               
         Early Development in a position [POSITIONS] that requires                                                      
         [REQUIRE] a teaching certificate; or                                                                               
                  (B)  a person who is compensated on a contractual                                                         
         or fee basis;                                                                                                      
   * Sec. 7. AS 39.35.990(17) is amended to read:                                                                             
             (17)  "membership service" means full-time or part-time                                                            
    employment of a member or employee with an employer in the                                                              
    plan;                                                                                                                       
   * Sec. 8. The uncodified law of the State of Alaska is amended by                                                          
adding a new section to read:                                                                                                   
    APPLICABILITY. AS 39.35.605, enacted by sec. 4 of this Act,                                                                 
AS 39.35.956, enacted by sec. 5 of this Act, AS 39.35.990(16), as                                                               
amended by sec. 6 of this Act, and AS 39.35.990(17), as amended by                                                              
sec. 7 of this Act, apply to contracts entered into on or after the                                                             
effective date of secs. 4 - 7 of this Act."                                                                                     

2016-04-16                     House Journal                      Page 2422
Representative Wilson moved and asked unanimous consent that                                                                    
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Guttenberg objected.                                                                                             
                                                                                                                                
**The presence of Representative Gara, who was excused (page 2417)                                                              
was noted.                                                                                                                      
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 24(JUD)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Edgmon, Foster, Gattis, Herron,                                                                
Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux,                                                                
Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt,                                                                     
Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson,                                                               
Tilton, Tuck, Vazquez, Wilson, Wool                                                                                             
                                                                                                                                
Nays:  Drummond, Gara, Guttenberg, Josephson                                                                                    
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
Absent:  Tarr                                                                                                                   
                                                                                                                                
And so, Amendment No. 1 was adopted, and the new title follows:                                                                 
                                                                                                                                
    CS FOR SENATE BILL NO. 24(JUD) am H                                                                                         
    "An Act relating to the applicability of the Legislative Ethics Act                                                         
    to legislative interns, legislative volunteers, legislative                                                                 
    consultants, legislative independent contractors, sole                                                                      
    proprietorships, and other legal entities; and excluding contractors                                                        
    and persons who work for contractors from participating in certain                                                          
    benefit plans provided by the state, certain political subdivisions,                                                        
    or certain public organizations based on performing fee-based or                                                            
    contract services."                                                                                                         
                                                                                                                                
Representative Millett moved and asked unanimous consent that                                                                   
CSSB 24(JUD) am H be considered engrossed, advanced to third                                                                    

2016-04-16                     House Journal                      Page 2423
reading, and placed on final passage.  There being no objection, it was                                                         
so ordered.                                                                                                                     
                                                                                                                                
CSSB 24(JUD) am H was read the third time.                                                                                      
                                                                                                                                
The question being:  "Shall CSSB 24(JUD) am H pass the House?"                                                                  
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSSB 24(JUD) am H                                                                                                               
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara,                                                                
Gattis, Herron, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins,                                                                  
LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt,                                                             
Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                                   
Thompson, Tilton, Vazquez, Wilson, Wool                                                                                         
                                                                                                                                
Nays:  Guttenberg, Josephson, Kawasaki, Tuck                                                                                    
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
Josephson changed from "Yea" to "Nay".                                                                                          
Tuck changed from "Yea" to "Nay".                                                                                               
                                                                                                                                
And so, CSSB 24(JUD) am H passed the House.                                                                                     
                                                                                                                                
Representative Millett gave notice of reconsideration of the vote on                                                            
CSSB 24(JUD) am H.