Legislature(1993 - 1994)
1994-05-10 Senate Journal
Full Journal pdf1994-05-10 Senate Journal Page 4686 HB 392 CS FOR HOUSE BILL NO. 392(FIN) am "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" which had been returned to the Rules Committee (page 4234) was before the Senate in second reading. Senator Rieger moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 4234. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 392(RLS) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 392(RLS) was read the second time. Amendment No. 1 was not offered. Senator Jacko offered Amendment No. 2 : Page 4, after line 5: Insert a new paragraph to read: "(15) serving as an elected officer of a national professional organization;" Renumber the following paragraphs accordingly. Page 4, line 11: Delete "(1) - (15)" Insert "(1) - (16)" Page 4, line 24: Delete "(6) - (15)" Insert "(6) - (16)" 1994-05-10 Senate Journal Page 4687 HB 392 Page 4, line 26: Delete "(1) - (15)" Insert "(1) - (16)" Page 13, after line 28: Insert a new bill section to read: "* Sec. 18. Notwithstanding AS 43.23.095(8) before it was amended and renumbered under sec. 16 of this Act, an individual who would have qualified for a dividend for 1992, 1993, or 1994 under AS 43.23.008(a)(15), as enacted in sec. 5 of this Act, had that section been in effect during those years and who otherwise would have qualified for the dividend may apply for and receive the dividend. The Department of Revenue shall provide a form for applying for a dividend under this section." Renumber the following bill sections accordingly. Page 13, line 31: Delete "8 - 18" Insert "8 - 19" Senator Jacko moved for the adoption of Amendment No. 2. Senator Pearce objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 392(RLS) Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Jacko, Kelly, Leman, Lincoln, Rieger, Taylor, Zharoff Nays: Donley, Duncan, Ellis, Frank, Halford, Kerttula, Little, Miller, Pearce, Phillips, Salo, Sharp and so, Amendment No. 2 failed. Amendment No. 3 was not offered. 1994-05-10 Senate Journal Page 4688 HB 392 Senator Adams offered Amendment No. 4 : Page *, after line * Insert a new bill section to read: Sec. *. CONTRIBUTIONS FOR THE IDITAROD TRAIL COMMITTEE. (a) Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the permanent fund dividend application to allow an applicant to elect to have $10 subtracted from the applicant's dividend for contribution to the Iditarod Trail Committee, Inc., to be used by the committee for conducting dog mushing races and promoting the state sport, and to be used by the Department of Revenue for administrative costs incurred by the department in implementing this section. Contributions shall be deposited in an Iditarod Trail Committee contribution account. In accordance with an appropriation for the purpose, the department shall use money in the account to pay for the administrative costs incurred by the department in implementing this section. The balance of the account shall be delivered by the department to the Iditarod Trial Committee, Inc., at least every six months. (b) This section applies only to dividends for 1995, 1996,and 1997. Renumber the following bill sections accordingly. Senator Adams moved for the adoption of Amendment No. 4. Senator Pearce objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 392(RLS) Second Reading Amendment No. 4 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Jacko, Kerttula, Leman, Lincoln, Little, Rieger, Zharoff Nays: Donley, Frank, Halford, Kelly, Miller, Pearce, Phillips, Salo, Sharp, Taylor 1994-05-10 Senate Journal Page 4689 HB 392 Little changed from "Nay" to "Yea". Kelly changed from "Yea" to "Nay". and so, Amendment No. 4 failed. Senator Salo offered Amendment No. 5 : Page 5, after line 12: Insert a new bill section to read: "* Sec. 7. AS43.23 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 January1 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." Renumber the following bill sections accordingly. Page 13, line 29: Delete "10 - 14, and 16" Insert "11 - 15, and 17" 1994-05-10 Senate Journal Page 4690 HB 392 Page 13, line 31: Delete "8 - 18" Insert "9 - 19" Page 14, line 2: Delete "and 7" Insert "and 8" Page 14, after line 2: Insert a new bill section to read: "* Sec. 22. Section 7 of this Act takes effect January 1, 1996." Senator Salo moved for the adoption of Amendment No. 5. Senator Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 392(RLS) Second Reading Amendment No. 5 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Lincoln, Little, Salo Nays: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Duncan changed from "Yea" to "Nay". Kerttula changed from "Yea" to "Nay". and so, Amendment No. 5 failed. Senator Salo offered Amendment No. 6 : Page 5, after line 12: Insert a new bill section to read: 1994-05-10 Senate Journal Page 4691 HB 392 "* Sec. 7. AS43.23 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 January1 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. (d) For purposes of applying (a) of this section, absences allowable under AS43.23.008(a)(9) or (10) may not be considered." Renumber the following bill sections accordingly. Page 13, line 29: Delete "10 - 14, and 16" Insert "11 - 15, and 17" Page 13, line 31: Delete "8 - 18" Insert "9 - 19" 1994-05-10 Senate Journal Page 4692 HB 392 Page 14, line 2: Delete "and 7" Insert "and 8" Page 14, after line 2: Insert a new bill section to read: "* Sec. 22. Section 7 of this Act takes effect January 1, 1996." Senator Salo moved for the adoption of Amendment No. 6. Senator Kelly objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 392(RLS) Second Reading Amendment No. 6 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Pearce, Rieger, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Miller, Phillips, Sharp, Taylor and so, Amendment No. 6 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 392(RLS) be considered engrossed, advanced to third reading and placed on final passage. Senator Kerttula objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 392(RLS) Advance from Second to Third Reading? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 1994-05-10 Senate Journal Page 4693 HB 392 Yeas: Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Donley, Duncan, Ellis, Kerttula, Zharoff and so, the bill was advanced to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 392(RLS) was read the third time. Senator Taylor moved and asked unanimous consent that the bill be placed below HOUSE BILL NO. 372 on the calendar. Without objection, it was so ordered.