Legislature(1995 - 1996)
1995-05-13 House Journal
Full Journal pdf1995-05-13 House Journal Page 2181 SB 122 Representative Kott brought up reconsideration of the vote on HCS CSSB 122(STA) (page 2146). The following was again before the House in third reading: 1995-05-13 House Journal Page 2182 SB 122 HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." Representative Kott moved and asked unanimous consent that HCS CSSB 122(STA) be returned to second reading for the specific purpose of considering Amendment No. 3. Representative Vezey objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 3 was offered by Representative Kott: Page 1, lines 5 - 6: Delete "is a direct seller as defined by 26 U.S.C. 3508 (Internal Revenue Code), as amended" Insert "(A) directly sells or solicits the sale of consumer products, for resale or otherwise, personally to a prospective consumer in the home or otherwise than in a permanent retail establishment; a sale or solicitation by telephone, mail, 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 Kott moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Martin objected. 1995-05-13 House Journal Page 2183 SB 122 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 122(STA)--RECONSIDERATION Second Reading Amendment No. 3 YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, Kohring, Kott, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis Nays: Barnes, Hanley, James, Kelly, MacLean, Martin, Masek, Vezey Excused: B.Davis Absent: Therriault And so, Amendment No. 3 was adopted. The question to be reconsidered: "Shall HCS CSSB 122(STA) am H pass the House?" The roll was taken with the following result: HCS CSSB 122(STA) am H--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Therriault 1995-05-13 House Journal Page 2184 SB 122 And so, HCS CSSB 122(STA) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment.