Legislature(2011 - 2012)
2011-04-15 House Journal
Full Journal pdf2011-04-15 House Journal Page 1010 HB 104 The following was read the second time: 2011-04-15 House Journal Page 1011 HOUSE BILL NO. 104 "An Act renaming the Alaska performance scholarship and relating to the scholarship and tax credits applicable to contributions to the scholarship; establishing the Alaska performance scholarship investment fund and the Alaska performance scholarship award fund and relating to the funds; making conforming amendments; and providing for an effective date." with the: Journal Page EDC RPT CS(EDC) NT 2DP 4AM 545 FN3: INDETERMINATE(EED) 546 FIN RPT CS(FIN) NT 2DP 7NR 2AM 949 FN3: INDETERMINATE(EED) 949 FN4: ZERO(REV) 949 FN5: ZERO(REV) 949 FN6: INDETERMINATE(EED) 949 RLS RPT CS(RLS) NT 1DP 5NR 1AM 1005 FN3: INDETERMINATE(EED) 1005 FN4: ZERO(REV) 1005 FN5: ZERO(REV) 1005 FN6: INDETERMINATE(EED) 1005 Representative Austerman moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 104(RLS) "An Act renaming the Alaska performance scholarship and relating to the scholarship and tax credits applicable to contributions to the scholarship; relating to AlaskAdvantage education grant funding and to Alaska performance scholarship funding; establishing an account and fund for those purposes; making conforming amendments; and providing for an effective date." There being no objection, it was so ordered. 2011-04-15 House Journal Page 1012 Amendment No. 1 was offered by Representatives Gara and Kawasaki: Page 3, following line 8: Insert a new bill section to read: "* Sec. 4. AS 14.43.820, as enacted by sec. 5, ch. 14, SLA 2010, is amended by adding new subsections to read: (c) Notwithstanding the eligibility requirements in (a)(2) - (4) of this section, the department shall adopt regulations to provide for (1) the eligibility of a student who has resided in the state for 12 months or more and has attained a general education development certificate in the state; and (2) waiver or delay of a portion of the core academic curriculum requirements in (a)(3) of this section if that portion of the curriculum is not available to a student who attended a public school in a district in the state in which the student resides. (d) To demonstrate high academic performance for eligibility under (c) of this section, the department may require a student to (1) provide alternative minimum standardized test scores established under this section; (2) complete, while residing in the state, some or all of the core curriculum requirements in (a)(3) of this section after graduation; or (3) provide a measure of academic achievement equivalent to (2) of this subsection." Renumber the following bill sections accordingly. Page 3, following line 24: Insert a new bill section to read: "* Sec. 7. AS 14.43.825, as enacted by sec. 5, ch. 14, SLA 2010, is amended by adding a new subsection to read: (g) Notwithstanding the grade-point average requirements in (a) of this section, the department shall adopt regulations to provide for the eligibility of a student who has resided in the state 12 months or more before attaining a general education development certificate in the state." Renumber the following bill sections accordingly. 2011-04-15 House Journal Page 1013 Page 8, following line 13: Insert a new bill section to read: "* Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to read: PERFORMANCE SCHOLARSHIP; ALTERNATIVE PATHWAY RESIDENCY REQUIREMENT. If, after the effective date of this section, a court having jurisdiction over the matter finds that the 12-month residency requirement for a student who has attained a general education development certificate required under AS 14.43.420(c), added by sec. 4 of this Act, and AS 14.43.825(g), added by sec. 7 of this Act, is unconstitutional, the residency requirement shall be the maximum constitutional limit allowable to serve the state interest in providing an incentive for rigorous academic standards in the state and in providing postsecondary funding for students who have demonstrated a commitment to the state." Renumber the following bill sections accordingly. Page 8, line 21: Delete "Section 15" Insert "Section 17" Page 8, line 22: Delete "sec. 6" Insert "sec. 8" Page 8, line 23: Delete "sec. 6" Insert "sec. 8" Page 8, line 24: Delete "Section 12" Insert "Section 14" Page 8, line 25: Delete "secs. 17 - 19" Insert "secs. 20 - 22" Representative Gara moved and asked unanimous consent that Amendment No. 1 be adopted. 2011-04-15 House Journal Page 1014 **The presence of Representative Thomas was noted. Representative Dick objected. Representative Doogan rose to a point of order regarding confining remarks to Amendment No. 1. The Speaker cautioned members to limit the debate to Amendment No. 1. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 104(RLS) Second Reading Amendment No. 1 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Cissna, Doogan, Gara, Gruenberg, Guttenberg, Holmes, Kawasaki, Kerttula, Miller, Neuman, Petersen, Tuck Nays: Chenault, Costello, Dick, Edgmon, Fairclough, Feige, Foster, Gardner, Gatto, Hawker, Herron, Johansen, Johnson, Joule, Keller, Lynn, Millett, Munoz, Olson, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, P.Wilson, T.Wilson And so, Amendment No. 1 was not adopted. Representative Austerman moved and asked unanimous consent that CSHB 104(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 104(RLS) was read the third time. The question being: "Shall CSHB 104(RLS) pass the House?" The roll was taken with the following result: 2011-04-15 House Journal Page 1015 CSHB 104(RLS) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Chenault, Cissna, Costello, Dick, Doogan, Edgmon, Fairclough, Feige, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller, Kerttula, Lynn, Miller, Millett, Munoz, Neuman, Olson, Petersen, Pruitt, Saddler, Seaton, Stoltze, Thomas, Thompson, Tuck, P.Wilson, T.Wilson And so, CSHB 104(RLS) passed the House. Representative Austerman 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. Representative Kerttula gave notice of reconsideration of the vote on CSHB 104(RLS).