Legislature(2015 - 2016)
2016-04-16 House Journal
Full Journal pdf2016-04-16 House Journal Page 2420 SB 24 The following was read the second time: CS FOR SENATE BILL NO. 24(JUD) "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities." with the: Journal Page STA RPT 2DP 5NR 2109 FN2: ZERO(LEG) 2109 JUD RPT 4DP 2NR 2221 FN2: ZERO(LEG) 2221 Amendment No. 1 was offered by Representative Wilson: Page 1, line 3, following "entities" (title amendment): Insert "; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services" Page 2, following line 25: Insert new bill sections to read: "* Sec. 4. AS 39.35 is amended by adding a new section to read: 2016-04-16 House Journal Page 2421 Sec. 39.35.605. Contractors and employees of contractors excluded from plan. (a) A person or legal entity providing services to the state or to a political subdivision or public organization on a contractual or fee basis may not participate as an employer in the plan based on those services. (b) A person may not participate in the plan as an employee or member as the result of performing work for a person providing services under (a) of this section. * Sec. 5. AS 39.35 is amended by adding a new section to read: Sec. 39.35.956. Contractors and employees of contractors excluded from plan. (a) A person or legal entity providing services to the state or to a political subdivision or public organization on a contractual or fee basis may not participate as an employer in the plan based on those services. (b) A person may not participate in the plan as an employee or member as the result of performing work for a person providing services under (a) of this section. * Sec. 6. AS 39.35.990(16) is amended to read: (16) "member" or "employee" means a person who is eligible to participate in the plan and who is covered by the plan, including the governor, the lieutenant governor, and a member of the legislature, but does not include (A) a full-time or part-time instructor [INSTRUCTORS] of the Department of Labor and Workforce Development or [AND] the Department of Education and Early Development in a position [POSITIONS] that requires [REQUIRE] a teaching certificate; or (B) a person who is compensated on a contractual or fee basis; * Sec. 7. AS 39.35.990(17) is amended to read: (17) "membership service" means full-time or part-time employment of a member or employee with an employer in the plan; * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to read: APPLICABILITY. AS 39.35.605, enacted by sec. 4 of this Act, AS 39.35.956, enacted by sec. 5 of this Act, AS 39.35.990(16), as amended by sec. 6 of this Act, and AS 39.35.990(17), as amended by sec. 7 of this Act, apply to contracts entered into on or after the effective date of secs. 4 - 7 of this Act." 2016-04-16 House Journal Page 2422 Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Guttenberg objected. **The presence of Representative Gara, who was excused (page 2417) was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 24(JUD) Second Reading Amendment No. 1 YEAS: 34 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Chenault, Claman, Colver, Edgmon, Foster, Gattis, Herron, Hughes, Johnson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Thompson, Tilton, Tuck, Vazquez, Wilson, Wool Nays: Drummond, Gara, Guttenberg, Josephson Excused: Hawker Absent: Tarr And so, Amendment No. 1 was adopted, and the new title follows: CS FOR SENATE BILL NO. 24(JUD) am H "An Act relating to the applicability of the Legislative Ethics Act to legislative interns, legislative volunteers, legislative consultants, legislative independent contractors, sole proprietorships, and other legal entities; and excluding contractors and persons who work for contractors from participating in certain benefit plans provided by the state, certain political subdivisions, or certain public organizations based on performing fee-based or contract services." Representative Millett moved and asked unanimous consent that CSSB 24(JUD) am H be considered engrossed, advanced to third 2016-04-16 House Journal Page 2423 reading, and placed on final passage. There being no objection, it was so ordered. CSSB 24(JUD) am H was read the third time. The question being: "Shall CSSB 24(JUD) am H pass the House?" The roll was taken with the following result: CSSB 24(JUD) am H Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Chenault, Claman, Colver, Drummond, Edgmon, Foster, Gara, Gattis, Herron, Hughes, Johnson, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tilton, Vazquez, Wilson, Wool Nays: Guttenberg, Josephson, Kawasaki, Tuck Excused: Hawker Josephson changed from "Yea" to "Nay". Tuck changed from "Yea" to "Nay". And so, CSSB 24(JUD) am H passed the House. Representative Millett gave notice of reconsideration of the vote on CSSB 24(JUD) am H.