Legislature(2017 - 2018)GRUENBERG 120

04/12/2018 05:15 PM RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Uniform Rule 23(a) Waived
+ HB 212 REAA & SMALL MUNI SCHOOL DISTRICT FUND TELECONFERENCED
Moved CSHB 212(RLS) Out of Committee
+ SB 163 DEFINITION OF COMMERCIAL MOTOR VEHICLES TELECONFERENCED
Moved HCS CSSB 163(RLS) Out of Committee
**Streamed live on AKL.tv**
         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