Legislature(2005 - 2006)
2005-05-05 House Journal
Full Journal pdf2005-05-05 House Journal Page 1635 HB 161 Representative McGuire brought up reconsideration of the vote on CSHB 161(STA) (page 1513). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 161(STA) "An Act relating to reemployment of and benefits for or on behalf of retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." Representative LeDoux moved and asked unanimous consent that CSHB 161(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative LeDoux: Page 6, line 6: Delete "November 3" Insert "November 6" 2005-05-05 House Journal Page 1636 Page 6, line 15: Delete "November 3" Insert "November 6" Page 6, line 30: Delete "November 3" Insert "November 6" Page 7, line 10: Delete "November 3" Insert "November 6" Representative LeDoux moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative McGuire moved and asked unanimous consent that CSHB 161(STA) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative McGuire: Page 2, line 10: Delete "2008" Insert "2007" Page 2, line 15: Delete "a new subsection" Insert "new subsections" Page 2, following line 22: Insert a new subsection to read: "(f) After June 30, 2005, this section applies only to school districts in cities, boroughs, or regional educational attendance areas that have populations of fewer than 15,000 persons." 2005-05-05 House Journal Page 1637 Page 4, line 12: Delete "(g)" Insert "(g)(1)" Page 4, line 17, through Page 5, line 7: Delete all material and insert: "(g) In accordance with this section, (1) a political subdivision or a public organization that has or anticipates having a shortage of employees qualified for particular job classes may, by resolution, adopt a policy that permits the employment of employees who retired under AS 39.35.370(a), who have been separated from employment for at least 180 days, and who are qualified for particular job classes; the policy adopted by resolution must describe the circumstances that constitute the shortage; if a shortage of qualified employees exists as described in the policy, the political subdivision or the public organization shall notify the administrator that it is hiring retired members under (f) of this section and shall provide a copy of the resolution and policy adopted by the resolution to the administrator of the public employees' retirement system (AS 39.35); (2) a state agency or other public employer that is not a political subdivision or a public organization that has or anticipates having a shortage of employees qualified for particular job classes may adopt a policy that permits the employment of employees who retired under AS 39.35.370(a), who have been separated from employment for at least 180 days, and who are qualified for particular job classes; the policy must describe the circumstances that constitute the shortage; if a shortage of qualified employees exists as described in the policy, the agency or employer shall notify the administrator that it is hiring retired members under (f) of this section and shall provide a copy of the policy to the administrator of the public employees' retirement system (AS 39.35) together with documentation of the shortage of employees qualified for particular job classes; for purposes of this paragraph, documentation of shortage may include, but is not limited to, evidence of the employer's usual recruitment effort if that recruitment effort attracts fewer than three qualified, eligible, and available applicants. 2005-05-05 House Journal Page 1638 (h) After June 30, 2005, this section applies only to allow the employment of (1) biologists by the state Department of Fish and Game; (2) nurses in areas of the state determined by the Board of Nursing to have a current shortage of nurses; and (3) law enforcement personnel by political subdivisions having populations of fewer than 15,000 persons and by the executive branch of state government only if the law enforcement personnel are assigned to serve in municipalities with populations of fewer than 15,000 persons." Page 5, line 19: Delete "2008" Insert "2007" Page 5, line 23: Delete "2009" Insert "2008" Page 5, line 31: Delete "2008" Insert "2007" Page 6, line 8: Delete "December 31, 2006" Insert "December 31, 2005" Page 6, line 9: Delete "January 1, 2007" Insert "January 1, 2006" Page 6, line 13: Delete "January 1, 2007" Insert "January 1, 2006" Page 6, line 31: Delete "December 31, 2006" Insert "December 31, 2005" 2005-05-05 House Journal Page 1639 Page 7, line 1: Delete "January 1, 2007" Insert "January 1, 2006" Page 7, lines 7 - 8: Delete "AS 39.35.150(f), (g), and (h)" Insert "AS 39.35.150(f) and (g)" Page 7, line 8: Delete "January 1, 2007" Insert "January 1, 2006" Page 7, line 18: Delete "AS 39.35.150(f), (g), and (h)" Insert "AS 39.35.150(f) and (g)" Delete "January 1, 2007" Insert "January 1, 2006" Page 7, line 27: Delete "2008" Insert "2007" Page 7, line 29: Delete "2008" Insert "2007" Representative McGuire moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Elkins objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 10 NAYS: 27 EXCUSED: 0 ABSENT: 3 2005-05-05 House Journal Page 1640 Yeas: Anderson, Coghill, Gardner, Kohring, Kott, LeDoux, McGuire, Neuman, Rokeberg, Wilson Nays: Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Holm, Joule, Kapsner, Kerttula, Lynn, Meyer, Moses, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch Absent: Hawker, Kelly, Stoltze Wilson changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. Representative McGuire moved and asked unanimous consent that CSHB 161(STA) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative McGuire: Page 5, line 2: Delete "five" Insert "three" Page 5, line 5: Delete "five" Insert "three" Representative McGuire moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Elkins objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Second Reading Amendment No. 3 YEAS: 12 NAYS: 25 EXCUSED: 0 ABSENT: 3 2005-05-05 House Journal Page 1641 Yeas: Anderson, Coghill, Gardner, Harris, Holm, Kohring, Kott, LeDoux, McGuire, Neuman, Rokeberg, Thomas Nays: Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Lynn, Meyer, Moses, Olson, Ramras, Salmon, Samuels, Seaton, Weyhrauch, Wilson Absent: Hawker, Kelly, Stoltze And so, Amendment No. 3 was not adopted. The question to be reconsidered: "Shall CSHB 161(STA) am pass the House?" The roll was taken with the following result: CSHB 161(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 7 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Chenault, Cissna, Coghill, Croft, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson Nays: Anderson, Crawford, Dahlstrom, Guttenberg, LeDoux, McGuire, Rokeberg Absent: Hawker, Kelly, Stoltze And so, CSHB 161(STA) am passed the House on reconsideration. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 161(STA) am was referred to the Chief Clerk for engrossment.