Legislature(2017 - 2018)GRUENBERG 120
04/12/2018 05:15 PM House RULES
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| Audio | Topic |
|---|---|
| Start | |
| HB212 | |
| SB163 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 212 | TELECONFERENCED | |
| + | SB 163 | TELECONFERENCED | |
HB 212-REAA & SMALL MUNI SCHOOL DISTRICT FUND
5:17:49 PM
CHAIR LEDOUX announced that the first order of business would be
HOUSE BILL NO. 212, "An Act relating to funding for school
construction and major maintenance; and relating to the regional
educational attendance area and small municipal school district
fund." [Before the committee was CSHB 212(FIN).]
5:18:02 PM
REPRESENTATIVE CLAMAN moved adopt the proposed committee
substitute (CS) for HB 212, Version 30-LS0741\N, Laffen,
4/11/18, as a working document. There being no objection,
Version N was before the committee.
5:18:31 PM
COURTNEY ENRIGHT, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, explained that Version N would add an
effective date of July 1, 2021.
[An Amendment 1 was in the committee packet but never offered.]
5:19:15 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, labeled 30-
LS0741\N.2, Laffen, 4/12/18, which read as follows:
Page 1, line 2, following "fund;":
Insert "relating to wages for school bus
drivers;"
Page 2, following line 13:
Insert new bill sections to read:
"* Sec. 5. AS 23.10.055(a) is amended to read:
(a) The provisions of AS 23.10.050 - 23.10.150
do not apply to
(1) an individual employed in agriculture,
which includes farming in all its branches and, among
other things, includes the cultivation and tillage of
the soil, dairying, the production, cultivation,
growing, and harvesting of any agricultural or
horticultural commodities, the raising of livestock,
bees, fur-bearing animals, or poultry, and any
practices, including forestry and lumbering
operations, performed by a farmer or on a farm as an
incident to or in conjunction with the farming
operations, including preparation for market, or
delivery to storage or to market or to carriers for
transportation to market;
(2) an individual employed in the catching,
trapping, cultivating or farming, netting, or taking
of any kind of fish, shellfish, or other aquatic forms
of animal and vegetable life;
(3) an individual employed in the hand
picking of shrimp;
(4) an individual employed in domestic
service, including a baby-sitter, in or about a
private home;
(5) an individual employed by the United
States or by the state or a political subdivision of
the state, [EXCEPT AS PROVIDED IN AS 23.10.065(b),]
including prisoners not on furlough detained or
confined in prison facilities;
(6) an individual engaged in the nonprofit
activities of a nonprofit religious, charitable,
cemetery, or educational organization or other
nonprofit organization where the employer-employee
relationship does not, in fact, exist, and where
services rendered to the organization are on a
voluntary basis and are related only to the
organization's nonprofit activities; for purposes of
this paragraph, "nonprofit activities" means
activities for which the nonprofit organization does
not incur a liability for unrelated business income
tax under 26 U.S.C. 513, as amended;
(7) an employee engaged in the delivery of
newspapers to the consumer;
(8) an individual employed solely as a
watchman or caretaker of a plant or property that is
not in productive use for a period of four months or
more;
(9) an individual employed
(A) in a bona fide executive,
administrative, or professional capacity;
(B) in the capacity of an outside salesman
or a salesman who is employed on a straight commission
basis; or
(C) as a computer systems analyst, computer
programmer, software engineer, or other similarly
skilled worker;
(10) an individual employed in the search
for placer or hard rock minerals;
(11) an individual under 18 years of age
employed on a part-time basis not more than 30 hours
in a week;
(12) employment by a nonprofit educational
or child care facility to serve as a parent of
children while the children are in residence at the
facility if the employment requires residence at the
facility and is compensated on a cash basis exclusive
of room and board at an annual rate of not less than
(A) $10,000 for an unmarried person; or
(B) $15,000 for a married couple;
(13) an individual who drives a taxicab, is
compensated for taxicab services exclusively by
customers of the service, whose written contractual
arrangements with owners of taxicab vehicles, taxicab
permits, or radio dispatch services are based on
[UPON] flat contractual rates and not based on a
percentage share of the individual's receipts from
customers, and whose written contract with owners of
taxicab vehicles, taxicab permits, or radio dispatch
services specifically provides that the contract
places no restrictions on hours worked by the
individual or on areas in which the individual may
work except to comply with local ordinances;
(14) a person who holds a license under
AS 08.54 and who is employed by a registered guide-
outfitter or master guide-outfitter licensed under
AS 08.54, for the first 60 workdays in which the
person is employed by the registered guide-outfitter
or master guide-outfitter during a calendar year;
(15) an individual engaged in activities
for a nonprofit religious, charitable, civic,
cemetery, recreational, or educational organization
where the employer-employee relationship does not, in
fact, exist, and where services are rendered to the
organization under a work activity requirement of
AS 47.27 (Alaska temporary assistance program);
(16) an individual who
(A) provides emergency medical services
only on a voluntary basis;
(B) serves with a full-time fire department
only on a voluntary basis; or
(C) provides ski patrol services on a
voluntary basis;
(17) a student participating in a
University of Alaska practicum described under
AS 14.40.065;
(18) an individual who is employed by a
motor vehicle dealer and whose primary duty is to
(A) receive, analyze, or reference requests
for service, repair, or analysis of motor vehicles;
(B) arrange financing for the sale of motor
vehicles and related products and services that are
added or included as part of the sale; or
(C) solicit, sell, lease, or exchange motor
vehicles.
* Sec. 6. AS 23.10.065(b) and 23.10.065(c) are
repealed.
* Sec. 7. The uncodified law of the State of Alaska
is amended by adding a new section to read:
APPLICABILITY. The repeal of AS 23.10.065(b) and
(c) by sec. 6 of this Act applies to contracts entered
into or renewed on or after the effective date of sec.
6 of this Act."
Renumber the following bill section accordingly.
Page 2, line 14:
Delete "This Act takes"
Insert "Sections 1 - 4 of this Act take"
REPRESENTATIVE CHENAULT objected.
REPRESENTATIVE EASTMAN spoke to Amendment 2. He pointed to a
handout in the committee packet, which shows AS 23.10.065(b),
which read as follows:
(b) Subject to the limitation under (c) of this
section, an employer shall pay to each person employed
as a public school bus driver wages at a rate of not
less than two times the minimum wage established under
(a) of this section, for hours worked in a pay period,
whether work is measured by time, commission, or
otherwise. An employer may not apply fringe benefits
as a credit toward payment of the minimum wage
established under this subsection.
REPRESENTATIVE EASTMAN said Amendment 2 would strike that
language and "give freedom to school districts" by no longer
requiring them to [pay] bus drivers double the minimum wage. He
said this would allow districts to either "keep with the current
policy" if in the best interest of their students or "change it
to make it better." He opined that "either way is a good
thing."
5:20:51 PM
REPRESENTATIVE CHENAULT maintained his objection.
5:20:58 PM
A roll call vote was taken. Representatives Eastman voted in
favor of Amendment 2. Representatives Claman, Stutes, Chenault,
Tuck (alternate), Reinbold, and LeDoux voted against it.
Therefore, Amendment 2 failed by a vote of 1-6.
5:22:01 PM
REPRESENTATIVE CLAMAN moved to report CSHB 212, Version 30-
LS0741\N, Laffen, 4/11/18, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 212(RLS) was reported out of the House Rules
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HCS HB212 Version N.pdf |
HRLS 4/12/2018 5:15:00 PM |
HB 212 |
| HCS HB212 Explanation of Changes.pdf |
HRLS 4/12/2018 5:15:00 PM |
HB 212 |
| HCS SB163 Version J.pdf |
HRLS 4/12/2018 5:15:00 PM |
SB 163 |
| HCS SB163 Explanation of Changes.pdf |
HRLS 4/12/2018 5:15:00 PM |
SB 163 |
| HCS SB163 Leg Legal Memo.pdf |
HRLS 4/12/2018 5:15:00 PM |
SB 163 |