Legislature(2025 - 2026)
2025-05-18 House Journal
Full Journal pdf2025-05-18 House Journal Page 1292 HB 126 The following was read the second time: HOUSE BILL NO. 126 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." with the: Journal Page TRB RPT CS(TRB) NEW TITLE 6DP 1NR 987 FN1: ZERO(CED) 987 FN2: ZERO(CED) 987 CRA RPT CS(TRB) NEW TITLE 5DP 1188 FN1: ZERO(CED) 1188 FN2: ZERO(CED) 1188 Representative Kopp moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 126(TRB) "An Act relating to the reinstatement of Native village corporations; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rauscher: Page 1, line 1, following "corporations;" (title amendment): Insert "relating to the reinstatement of nonprofit corporations organized for a religious purpose and religious corporations;" Page 2, following line 6: Insert new bill sections to read: "* Sec. 2. AS 10.20.325 is amended by adding a new subsection to read: (b) A corporation organized under this chapter for a religious 2025-05-18 House Journal Page 1293 purpose that is dissolved under (a) of this section may be reinstated at any time if it is established to the satisfaction of the commissioner that in fact there was no cause for the dissolution, or if the neglect, omission, delinquency, or noncompliance resulting in dissolution has been corrected and payment made of double the amount delinquent along with the amount the corporation would have paid had it not been dissolved during the period between the date the certificate of dissolution was issued and the date of reinstatement. Reinstatement may not be authorized if the corporation's name is no longer available for use under AS 10.20.021(b), unless the corporation being reinstated amends its articles of incorporation to change its name to conform with AS 10.20.021(b). Nothing in this subsection relieves the reinstated corporation from penalty or forfeiture of its powers in a case of failure to pay subsequently accruing licenses and taxes imposed by a law of the state. * Sec. 3. AS 10.20.630(a) is amended to read: (a) The biennial report of a domestic or foreign corporation must be delivered to the commissioner before July 2 of the reporting year. A domestic corporation filing its articles of incorporation and a foreign corporation receiving a certificate of authority during an even-numbered year must file the biennial report before July 2 of each even-numbered year. A corporation filing its articles of incorporation or receiving its certificate of authority during an odd-numbered year must file the biennial report before July 2 of each odd-numbered year. The biennial report is delinquent if not filed before August 1 of each odd or even year as provided in this section. Delinquent returns are subject to the penalty prescribed in AS 10.20.325(a) [AS 10.20.325]. * Sec. 4. AS 10.40.150 is amended by adding a new subsection to read: (c) A corporation dissolved under (a) of this section may be reinstated at any time if it is established to the satisfaction of the commissioner of commerce, community, and economic development that in fact there was no cause for the dissolution, or if the neglect, omission, delinquency, or noncompliance resulting in dissolution has been corrected and payment made of double the amount delinquent along with the amount the corporation would have paid had it not been dissolved during the period between the 2025-05-18 House Journal Page 1294 date the certificate of dissolution was issued and the date of reinstatement. Reinstatement may not be authorized if the corporation's name is no longer available for use under AS 10.40.015, unless the corporation being reinstated amends its articles of incorporation to change its name to conform with AS 10.40.015. Nothing in this subsection relieves the reinstated corporation from penalty or forfeiture of its powers in a case of failure to pay subsequently accruing licenses and taxes imposed by a law of the state." Renumber the following bill section accordingly. Representative Rauscher moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Foster objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 126(TRB) Second Reading Amendment No. 1 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Bynum, Carrick, Costello, Coulombe, Elam, Himschoot, Holland, Johnson, Kopp, McCabe, Moore, Nelson, Prax, Rauscher, Ruffridge, Saddler, Schwanke, Stapp, Tilton, Tomaszewski, Underwood, Vance Nays: Burke, Dibert, Edgmon, Eischeid, Fields, Foster, Galvin, Gray, Hall, Hannan, Jimmie, Josephson, Mears, Mina, Schrage, Story, Stutes And so, Amendment No. 1 was adopted and the new title follows: CS FOR HOUSE BILL NO. 126(TRB) am "An Act relating to the reinstatement of Native village corporations; relating to the reinstatement of nonprofit corporations organized for a religious purpose and religious corporations; and providing for an effective date." 2025-05-18 House Journal Page 1295 Amendment No. 2 was offered by Representative Prax: Page 1, line 1: Delete "Native village" Page 1, line 4, through page 2, line 6: Delete all material and insert: "* Section 1. AS 10.06.633(e) is amended to read: (e) A corporation dissolved under this section may be reinstated at any time [WITHIN TWO YEARS FROM THE DATE OF THE CERTIFICATE OF INVOLUNTARY DISSOLUTION] if it is established to the satisfaction of the commissioner that in fact there was no cause for the dissolution, or if the neglect, omission, delinquency, or noncompliance resulting in dissolution has been corrected and payment made of double the amount delinquent along with the amount the corporation would have paid had it not been dissolved during the period between the date the certificate of involuntary dissolution was issued and the date of reinstatement [THE TWO-YEAR PERIOD]. Reinstatement may not be authorized if the name is not available for corporate use under AS 10.06.105(d) unless the corporation being reinstated amends its articles of incorporation to change its name to conform with the provisions of this chapter. * Sec. 2. AS 10.06.960(i), 10.06.960(j), and 10.06.960(k) are repealed." Renumber the following bill section accordingly. Representative Prax moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Josephson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 126(TRB) am Second Reading Amendment No. 2 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 2025-05-18 House Journal Page 1296 Yeas: Allard, Bynum, Costello, Coulombe, Elam, Johnson, McCabe, Nelson, Prax, Rauscher, Ruffridge, Saddler, Stapp, Tilton, Tomaszewski, Underwood, Vance Nays: Burke, Carrick, Dibert, Edgmon, Eischeid, Fields, Foster, Galvin, Gray, Hall, Hannan, Himschoot, Holland, Jimmie, Josephson, Kopp, Mears, Mina, Moore, Schrage, Schwanke, Story, Stutes And so, Amendment No. 2 was not adopted. Representative Kopp moved and asked unanimous consent that CSHB 126(TRB) am be considered engrossed, advanced to third reading, and placed on final passage. Representative Stutes moved and asked unanimous consent to rescind previous action in adopting Amendment No. 1. Representative Stutes moved and asked unanimous consent to withdraw the motion to rescind. There being no objection, it was so ordered. Objection was heard and withdrawn. There being no further objection, CSHB 126(TRB) am was advanced to third reading. CSHB 126(TRB) am was read the third time. The question being: "Shall CSHB 126(TRB) am pass the House?" The roll was taken with the following result: CSHB 126(TRB) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Burke, Bynum, Carrick, Costello, Coulombe, Dibert, Edgmon, Eischeid, Elam, Fields, Foster, Galvin, Gray, Hall, Hannan, Himschoot, Holland, Jimmie, Johnson, Josephson, Kopp, McCabe, Mears, Mina, Moore, Nelson, Prax, Rauscher, Ruffridge, Saddler, Schrage, Schwanke, Stapp, Story, Stutes, Tilton, Tomaszewski, Underwood, Vance 2025-05-18 House Journal Page 1297 And so, CSHB 126(TRB) am passed the House. Representative Kopp 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. CSHB 126(TRB) am was referred to the Chief Clerk for engrossment.