Legislature(2017 - 2018)

2018-04-12 House Journal

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2018-04-12                     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.