Legislature(1995 - 1996)
1995-05-11 House Journal
Full Journal pdf1995-05-11 House Journal Page 2122 SB 122 The following was read the second time: CS FOR SENATE BILL NO. 122(JUD) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." with the: Journal Page JUD REFERRAL REMOVED 1172 STA RPT HCS(STA) 3DP 1DNP 2NR 1AM 1348 SENATE ZERO FISCAL NOTE (LABOR) 3/23/95 1349 L&C REFERRAL WAIVED 1520 1995-05-11 House Journal Page 2123 SB 122 **The presence of Representative Ogan was noted. Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) (same title) Objection was heard. **The presence of Representatives Finkelstein and Hanley was noted. The question being: "Shall the House adopt HCSCSSB122(STA)?" The roll was taken with the following result: CSSB 122(JUD) Second Reading Adopt State Affairs HCS YEAS: 23 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Rokeberg, Willis Absent: MacLean, Moses, Sanders And so, HCS CSSB 122(STA) was adopted. Amendment No. 1 was offered by Representative Brice: Page 1, lines 5 - 6: Delete all material. Insert "(21) service of an individual who (A) directly sells or solicits the sale of consumer products only when physically present in a prospective consumer's home; a sale or solicitation by telephone, mail, 1995-05-11 House Journal Page 2124 SB122 other telecommunications method, or other nonpersonal method does not satisfy the requirement of this subparagraph; (B) is compensated solely by (i) commissions on sales or other remuneration directly related to sales or sales performance; or (ii) a profit represented by the difference between the wholesale cost of the product to the seller and the final sale price to the consumer; and (C) performs under a written contract with the person for whom the service is performed that provides, notwithstanding AS23.20.395(a), that the individual is not an employee for purposes of this chapter or for federal or state tax purposes." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 122(STA) Second Reading Amendment No. 1 YEAS: 18 NAYS: 18 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Williams, Willis Nays: Barnes, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey Absent: Bunde, MacLean, Moses, Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: 1995-05-11 House Journal Page 2125 SB 122 Page 1, line 6, after "amended": Insert "; however, a sale or solicitation by telephone, mail, other telecommunications method, or other nonpersonal method does not constitute the service of a direct seller for purposes of this paragraph" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 122(STA) Second Reading Amendment No. 2 YEAS: 16 NAYS: 18 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Foster, Grussendorf, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Willis Nays: Barnes, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Toohey, Vezey, Williams Absent: Bunde, Finkelstein, MacLean, Moses, Sanders, Therriault And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that HCSCSSB122(STA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 122(STA) would be in third reading on the May 12, 1995, calendar.