Legislature(2023 - 2024)

2024-05-01 House Journal

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2024-05-01                     House Journal                      Page 2541
HB 203                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
     HOUSE BILL NO. 203                                                                                                         
     "An Act relating to wage payments."                                                                                        
                                                                                                                                
with the:                                                    Journal Page                                                       
                                                                                                                                
 L&C RPT 4DP 3NR                                                     1943                                                       
 FN1: ZERO(LWF)                                                      1943                                                       
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "payments" (title amendment):                                                                       
     Insert "; relating to gift certificates, store gift cards, and                                                           
general use prepaid cards; relating to unclaimed property; and                                                                
relating to unlawful trade practices"                                                                                         
                                                                                                                                
Page 3, following line 5:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 3. AS 34.45.240 is amended to read:                                                                                   
         Sec. 34.45.240. Gift certificates, store gift cards, general                                                       
     use prepaid cards, and credit memos. (a) A gift certificate,                                                       
     store gift card, or general use prepaid card [OR A CREDIT                                                              
       MEMO,] issued in the ordinary course of an issuer's business                                                            
              (1)  does not expire;                                                                                         
              (2)  may not be subject to a dormancy fee, inactivity                                                         
     charge or fee, or service fee; and                                                                                     

2024-05-01                     House Journal                      Page 2542
              (3)  is not subject to public sale under AS 34.45.360 [,                                                      
     THAT REMAINS UNCLAIMED BY THE OWNER FOR                                                                                    
     MORE THAN THREE YEARS AFTER BECOMING                                                                                       
     PAYABLE OR DISTRIBUTABLE IS PRESUMED                                                                                       
     ABANDONED].                                                                                                                
         (b)  A credit memo issued in the ordinary course of an                                                             
     issuer's business that remains unclaimed by the owner for                                                              
     more than three years after becoming payable or distributable                                                          
     is presumed abandoned. The [IN THE CASE OF A GIFT                                                                      
     CERTIFICATE, THE AMOUNT PRESUMED ABANDONED                                                                                 
     IS THE PRICE PAID BY THE PURCHASER FOR THE GIFT                                                                            
     CERTIFICATE. IN THE CASE OF A CREDIT MEMO, THE]                                                                            
     amount presumed abandoned is the amount credited to the                                                                    
     recipient of the memo.                                                                                                     
   * Sec. 4. AS 34.45.360(a) is amended to read:                                                                              
         (a)  Except as provided in (c) and (d) of this section and                                                         
     AS 34.45.240(a), the department, within three years after                                                              
     receiving abandoned property, shall sell it to the highest bidder at                                                       
     public sale in the area of the state that the department determines                                                        
     to be the most favorable market for the property involved. The                                                             
     department may decline the highest bid and reoffer the property                                                            
     for sale if in the judgment of the department the bid is insufficient.                                                     
     If in the judgment of the department the probable cost of sale                                                             
     exceeds the value of the property, the department need not offer                                                           
     the property for sale. A sale held under this section must be                                                              
     preceded by a single publication of notice, at least three weeks in                                                        
     advance of sale, in a newspaper of general circulation in the                                                              
     general area in which the property is to be sold.                                                                          
   * Sec. 5. AS 34.45.760(8) is amended to read:                                                                              
              (8)  "gift certificate" has the meaning given in                                                              
     AS 45.45.940(f) [MEANS AN OBLIGATION OF A BUSINESS                                                                     
     ASSOCIATION ARISING FROM A TRANSACTION                                                                                     
     BETWEEN THE BUSINESS ASSOCIATION AND A                                                                                     
     CONSUMER TO PROVIDE GOODS OR SERVICES AT A                                                                                 
     FUTURE DATE; "GIFT CERTIFICATE" INCLUDES A GIFT                                                                            
     CERTIFICATE, STORED VALUE CARD, GIFT CARD, ON-                                                                             
     LINE GIFT ACCOUNT, OR OTHER REPRESENTATION OR                                                                              
     EVIDENCE OF THE OBLIGATION OF A BUSINESS                                                                                   
     ASSOCIATION];                                                                                                              
   * Sec. 6. AS 34.45.760(11) is amended to read:                                                                             

2024-05-01                     House Journal                      Page 2543
              (11)  "intangible property"                                                                                       
                  (A)  includes                                                                                                 
                       (i)  money, checks, drafts, warrants, deposits,                                                          
              interest, dividends, and income;                                                                                  
                       (ii)  credit balances, customer overpayments, gift                                                       
              certificates, store gift cards, general use prepaid cards,                                                    
              security deposits, refunds, credit memos, unpaid wages,                                                           
              and unidentified remittances;                                                                                     
                       (iii)  stocks and other intangible equity interests                                                      
              in business associations;                                                                                         
                       (iv)  money deposited to redeem stocks, bonds,                                                           
              coupons, and other securities, or to make distributions;                                                          
                       (v)  amounts due and payable under the terms of                                                          
              insurance policies;                                                                                               
                       (vi)  amounts distributable from a trust or                                                              
              custodial fund established under a plan to provide health,                                                        
              welfare, pension, vacation, severance, retirement, death,                                                         
              stock purchase, profit-sharing, employee savings,                                                                 
              supplemental unemployment insurance, or similar                                                                   
              benefits; and                                                                                                     
                       (vii)  amounts due and payable as mineral                                                                
              proceeds;                                                                                                         
                  (B)  does not include                                                                                         
                       (i)  unused airline tickets;                                                                             
                       (ii)  shares of stock issued by a corporation                                                            
              organized under 43 U.S.C. 1601 et seq. (Alaska Native                                                             
              Claims Settlement Act) or unclaimed dividends payable                                                             
              on the shares of stock; or                                                                                        
                       (iii)  overpaid contributions by employers to the                                                        
              unemployment compensation fund under AS 23.20.130;                                                                
   * Sec. 7. AS 34.45.760 is amended by adding new paragraphs to                                                              
read:                                                                                                                           
              (20)  "general use prepaid card" has the meaning given in                                                         
     AS 45.45.940(f);                                                                                                           
              (21)  "store gift card" has the meaning given in                                                                  
     AS 45.45.940(f).                                                                                                           
   * Sec. 8. AS 45.45 is amended by adding a new section to read:                                                             
         Sec. 45.45.940. Gift certificates, store gift cards, and                                                             
     general use prepaid cards. (a) A person may not sell or issue a                                                          
     gift certificate, store gift card, or general use prepaid card that is                                                     

2024-05-01                     House Journal                      Page 2544
     subject to an expiration date.                                                                                             
         (b)  After the purchase of a gift certificate, store gift card, or                                                     
     general use prepaid card, a person may not impose a fee, including                                                         
     a fee for inactivity or replacement, with respect to the certificate                                                       
     or card. A gift certificate, store gift card, or general use prepaid                                                       
     card must be redeemable for the full cash value of the certificate                                                         
     or card.                                                                                                                   
         (c)  This section does not apply to the sale or offer of a gift                                                        
     certificate, store gift card, or general use prepaid card that is                                                          
              (1)  distributed by the issuer of the certificate or card                                                         
     under an awards, loyalty, or promotional program;                                                                          
              (2)  donated to a nonprofit organization or a charitable                                                          
     organization;                                                                                                              
              (3)  a debit card that is linked to a demand deposit                                                              
     account or a share draft account at a financial institution; in this                                                       
     paragraph, "financial institution" has the meaning given in                                                                
     AS 06.05.990; or                                                                                                           
              (4)  used solely for telephone services.                                                                          
         (e)  The Department of Commerce, Community, and                                                                        
     Economic Development may adopt regulations to implement this                                                               
     section.                                                                                                                   
         (f)  In this section,                                                                                                  
              (1)  "general use prepaid card" means a card or other                                                             
     payment code or device that is issued by a person and is                                                                   
                  (A)  redeemable at multiple unaffiliated merchants or                                                         
         service providers or at automated teller machines;                                                                     
                  (B)  issued in a requested amount, regardless of                                                              
         whether that amount may, at the option of the issuer, be                                                               
         increased in value or reloaded if requested by the holder;                                                             
                  (C)  purchased or loaded on a prepaid basis; and                                                              
                  (D)  honored, upon presentation, by merchants for                                                             
         goods or services or at automated teller machines;                                                                     
              (2)  "gift certificate" means an electronic or written                                                            
     promise that is                                                                                                            
                  (A)  redeemable at a single merchant or at an                                                                 
         affiliated group of merchants that share the same name, mark,                                                          
         or logo;                                                                                                               
                  (B)  issued in a specified amount that may not be                                                             
         increased or reloaded;                                                                                                 
                  (C)  purchased on a prepaid basis in exchange for                                                             

2024-05-01                     House Journal                      Page 2545
         payment; and                                                                                                           
                  (D)  honored, upon presentation, by the single                                                                
         merchant or affiliated group of merchants that share the same                                                          
         name, mark, or logo for goods or services;                                                                             
              (3)  "store gift card" means an electronic payment device,                                                        
      promise, plastic card, or other payment code or device that is                                                           
                  (A)  redeemable at a single merchant or at an                                                                 
         affiliated group of merchants that share the same name, mark,                                                          
         or logo;                                                                                                               
                  (B)  issued in a specified amount, regardless of                                                              
         whether that amount may be increased in value or reloaded at                                                           
         the request of the holder;                                                                                             
                  (C)  purchased on a prepaid basis in exchange for                                                             
         payment; and                                                                                                           
                  (D)  honored, upon presentation, by the single                                                                
         merchant or affiliated group of merchants that share the same                                                          
         name, mark, or logo for goods or services.                                                                             
   * Sec. 9. AS 45.50.471(b) is amended by adding a new paragraph to                                                          
read:                                                                                                                           
              (58)  violating AS 45.45.940 (gift certificates, store gift                                                       
     cards, and general use prepaid cards)."                                                                                    
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative McCabe objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 203                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  7   NAYS:  33   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman, Fields, Gray, Groh, Hannan, Josephson, Mina                                                                     
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Foster, Galvin, Himschoot, C.Johnson,                                                                    
D.Johnson, McCabe, McCormick, McKay, Mears, Ortiz, Prax,                                                                        
Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes,                                                              
Sumner, Tilton, Tomaszewski, Vance, Wright                                                                                      
                                                                                                                                

2024-05-01                     House Journal                      Page 2546
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 2, lines 2 - 3:                                                                                                            
     Delete ", including a list of fees assessed by the payroll card                                                            
issuer"                                                                                                                         
                                                                                                                                
Page 2, line 4:                                                                                                                 
     Delete "cost-free"                                                                                                         
                                                                                                                                
Page 2, line 6:                                                                                                                 
     Delete "cost-free"                                                                                                         
                                                                                                                                
Page 2, lines 8 - 9:                                                                                                            
     Delete ", in addition to fees assessed by the card issuer, the card                                                        
may be subject to additional fees"                                                                                              
     Insert "the employer is responsible for fees assessed by the card                                                          
issuer"                                                                                                                         
                                                                                                                                
Page 2, lines 11 - 12:                                                                                                          
     Delete "at least one cost-free withdrawal each week or pay period,                                                         
whichever is longer, in an amount"                                                                                              
     Insert "unlimited cost-free withdrawals"                                                                                   
                                                                                                                                
Page 2, line 16, following "charges":                                                                                           
     Insert "the employee"                                                                                                      
                                                                                                                                
Page 2, line 17:                                                                                                                
     Delete "employee"                                                                                                          
                                                                                                                                
Page 2, line 23:                                                                                                                
     Delete "."                                                                                                                 
     Insert ";"                                                                                                                 
                                                                                                                                
Page 2, following line 23:                                                                                                      
     Insert a new paragraph to read:                                                                                            
              "(5)  any other services provided to the employee by the                                                          
     card issuer."                                                                                                              
                                                                                                                                

2024-05-01                     House Journal                      Page 2547
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Sumner objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 203                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Armstrong, Carrick, Coulombe, Dibert, Eastman, Edgmon,                                                                   
Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, Josephson,                                                               
McCormick, Mina, Ortiz, Schrage, Story                                                                                          
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Cronk, C.Johnson, D.Johnson,                                                                   
McCabe, McKay, Mears, Prax, Rauscher, Ruffridge, Saddler, Shaw,                                                                 
Stapp, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 2, line 4:                                                                                                                 
     Delete "of a cost-free method for"                                                                                         
     Insert "that there is no charge to"                                                                                        
                                                                                                                                
Page 2, lines 11 - 12:                                                                                                          
     Delete "at least one cost-free withdrawal each week or pay period,                                                         
whichever is longer, in an amount"                                                                                              
     Insert "unlimited withdrawals"                                                                                             
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative McCabe objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                

2024-05-01                     House Journal                      Page 2548
HB 203                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Armstrong, Dibert, Eastman, Fields, Foster, Galvin, Groh,                                                                
Hannan, Josephson, McCormick, Mina, Ortiz, Story                                                                                
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Edgmon,                                                              
Gray, Himschoot, C.Johnson, D.Johnson, McCabe, McKay, Mears,                                                                    
Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Stutes,                                                               
Sumner, Tilton, Tomaszewski, Vance, Wright                                                                                      
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 1, lines 12 - 13:                                                                                                          
     Delete "or the employee has not authorized deposit of the                                                                  
employee's wages under AS 23.10.043"                                                                                            
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative McCabe objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 203                                                                                                                          
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                             
Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe,                                                                     
McCormick, McKay, Mears, Mina, Ortiz, Rauscher, Saddler, Schrage,                                                               
Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Wright                                                                 
                                                                                                                                
Nays:  Prax, Ruffridge, Vance                                                                                                   
                                                                                                                                
And so, Amendment No. 4 was adopted.                                                                                            

2024-05-01                     House Journal                      Page 2549
Amendment No. 5 was offered  by Representative Schrage:                                                                          
                                                                                                                                
Page 2, lines 11-12:                                                                                                            
     Delete "each week"                                                                                                         
     Insert "every two weeks"                                                                                                   
                                                                                                                                
     Delete "longer"                                                                                                            
     Insert "shorter"                                                                                                           
                                                                                                                                
Representative Schrage moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Amendment No. 1 to Amendment No. 5 was offered  by                                                                               
Representative Eastman:                                                                                                         
                                                                                                                                
Page 1, lines 1-2 of the amendment:                                                                                             
     Delete "Delete "each week"                                                                                                 
      Insert "every two weeks""                                                                                                 
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 to Amendment No. 5 be adopted.                                                                                  
                                                                                                                                
Representative Sumner objected.                                                                                                 
                                                                                                                                
The question being:  "Shall Amendment No. 1 to Amendment No. 5                                                                  
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
HB 203 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No. 5                                                                                              
                                                                                                                                
YEAS:  3   NAYS:  37   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman, Josephson, Rauscher                                                                                             
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay,                                                                      
Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp,                                                             
Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                

2024-05-01                     House Journal                      Page 2550
And so, Amendment No. 1 to Amendment No. 5 was not adopted.                                                                     
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 203 am                                                                                                                       
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                             
Hannan, Himschoot, C.Johnson, D.Johnson, McCormick, McKay,                                                                      
Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp,                                                             
Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                       
                                                                                                                                
Nays:  Josephson, McCabe, Rauscher                                                                                              
                                                                                                                                
And so, Amendment No. 5 was adopted.                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
HB 203 am be considered engrossed, advanced to third reading, and                                                               
placed on final passage.  There being no objection, it was so ordered.                                                          
                                                                                                                                
HB 203 am was read the third time.                                                                                              
                                                                                                                                
The question being:  "Shall HB 203 am pass the House?"  The roll was                                                            
taken with the following result:                                                                                                
                                                                                                                                
HB 203 am                                                                                                                       
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh,                                                             
Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay,                                                                      
Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage,                                                                
Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance,                                                                 
Wright                                                                                                                          
                                                                                                                                
Nays:  Hannan, Josephson                                                                                                        
                                                                                                                                

2024-05-01                     House Journal                      Page 2551
And so, HB 203 am passed the House and was referred to the Chief                                                                
Clerk for engrossment.