Legislature(2017 - 2018)
2018-04-12 House Journal
Full Journal pdf2018-04-12 House Journal Page 3194 HB 216 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216 "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to delinquent minors; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) NT 5DP 1AM 2279 FN1: ZERO(ADM) 2280 FN2: ZERO(DHS) 2280 2018-04-12 House Journal Page 3195 FN3: ZERO(DHS) 2280 FN4: (AJS) 2280 FN5: (COR) 2280 FN6: (LEG) 2280 FN7: (REV) 2280 FIN RPT CS(FIN) 9DP 2AM 3155 FN2: ZERO(DHS) 3155 FN3: ZERO(DHS) 3155 FN7: (REV) 3155 FN8: ZERO(LAW) 3155 FN9: (ADM) 3155 FN10: (ADM/FUND CAP) 3155 FN11: (COR) 3155 FN12: (LEG) 3155 FN13: INDETERMINATE(AJS) 3155 Representative Tuck moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Wilson: Page 1, line 6, following "costs;" (title amendment): Insert "relating to contributions from dividends;" Page 8, following line 6: Insert new bill sections to read: "* Sec. 8. AS 43.23.062(a) is amended to read: (a) Notwithstanding AS 43.23.069, the Department of Revenue shall prepare the electronic Alaska permanent fund dividend application to allow an applicant who files electronically to direct that money be subtracted from the dividend payment and contributed to the crime victim compensation fund (AS 18.67.162), the peace officer and firefighter survivors' fund, or [TO] one or more of the educational organizations, community 2018-04-12 House Journal Page 3196 foundations, or charitable organizations that appear on the contribution list contained in the application. A contribution to the crime victim compensation fund, the peace officer and firefighter survivors' fund or to an organization may be $25, $50, $75, $100, or more, in increments of $50, up to the total amount of the permanent fund dividend that the applicant is entitled to receive. If the total amount of contributions elected by an applicant exceeds the amount of the permanent fund dividend that the applicant is entitled to receive, contributions shall be deducted from the dividend in the order of priority elected by the applicant on the application until the entire amount of the dividend that the applicant is entitled to receive is allocated for contribution. The electronic dividend application form must include notice that seven percent of the money contributed will be used for administrative costs incurred in implementing this section, and money from the dividend fund will not be used for that purpose. * Sec. 9. AS 43.23.062(b) is amended to read: (b) The department shall list each educational organization, community foundation, or charitable organization eligible under (c) and (d) of this section, each university campus that applies under (l) of this section, the crime victim compensation fund, and the peace officer and firefighter survivors' fund on the contribution list. The department shall maintain an electronic database for the contribution list that is accessible to the public and that permits searches by organization or fund name, geographic location, and type. The department shall provide a statement of the contributions made by an individual that is suitable for federal income tax purposes to each individual who elects to contribute under (a) of this section. * Sec. 10. AS 43.23.062(m) is amended to read: (m) In addition to the application fee in (f) of this section, the department shall withhold a coordination fee from each organization, foundation, or university campus that receives contributions under this section in the immediately preceding dividend year. The coordination fee for an organization, foundation, or university campus that receives contributions under this section shall be seven percent of the amount of contributions reported by the department under (j) of this section for the organization, foundation, or university campus for the immediately preceding dividend year. The coordination fee shall 2018-04-12 House Journal Page 3197 be separately accounted for under AS 37.05.142 and shall be accounted for separately from the application fee collected under (f) of this section. The annual estimated balance in the account maintained under AS 37.05.142 for coordination fees collected under this subsection may be appropriated for costs of administering this section. The department may not withhold a coordination fee for contributions to the crime victim compensation fund or the peace officer and firefighter survivors' fund." Renumber the following bill sections accordingly. Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Grenn objected. Representative Pruitt moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSSHB 216(FIN) Second Reading Amendment No. 1 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Eastman, Johnson, Johnston, Josephson, Kawasaki, Knopp, Kopp, LeDoux, Lincoln, Millett, Neuman, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Thompson, Tilton, Tuck, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Kito, Kreiss-Tomkins, Ortiz, Parish, Pruitt, Seaton, Spohnholz, Stutes, Tarr, Wool, Zulkosky Tuck changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted, and the new title follows: 2018-04-12 House Journal Page 3198 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 216(FIN) am "An Act relating to restitution; relating to the office of victims' rights; relating to transfers from the dividend fund; creating the restorative justice account; relating to appropriations from the restorative justice account for services for and payments to crime victims, operating costs of the Violent Crimes Compensation Board, operation of domestic violence and sexual assault programs, mental health services and substance abuse treatment for offenders, and incarceration costs; relating to contributions from dividends; relating to delinquent minors; and providing for an effective date." Representative Tuck moved and asked unanimous consent that CSSSHB 216(FIN) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSSSHB 216(FIN) am was read the third time. The question being: "Shall CSSSHB 216(FIN) am pass the House?" The roll was taken with the following result: CSSSHB 216(FIN) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Eastman, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wilson, Wool, Zulkosky And so, CSSSHB 216(FIN) am passed the House. Representative Tuck 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. 2018-04-12 House Journal Page 3199 CSSSHB 216(FIN) am was referred to the Chief Clerk for engrossment.