Legislature(1999 - 2000)
2000-04-30 House Journal
Full Journal pdf2000-04-30 House Journal Page 3683 HB 52 The following, which was held with Amendment No. 3 - Part B moved and pending (page 3679), was again before the House: 2000-04-30 House Journal Page 3684 HB 52 CS FOR HOUSE BILL NO. 52(FIN) am "An Act making appropriations for salary and benefit adjustments and to fund certain collective bargaining agreements; and providing for an effective date." Amendment No. 1 to Amendment No. 3 - Part B was offered by Representative Berkowitz: Delete all of Amendment No. 3 - Part B and insert: Page 1, line 1, through end of bill: Delete all material and insert: ""An Act making appropriations for salary and benefit adjustments and to fund certain collective bargaining agreements; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. COLLECTIVE BARGAINING AGREEMENTS; SALARY AND BENEFIT ADJUSTMENTS. (a) The sum of $20,335,700 is appropriated from the fund sources described in sec. 2(a) of this Act to the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 2001, to implement the monetary terms of the following collective bargaining agreements: (1) Alaska Public Employees Association, for the Supervisory Unit; (2) Alaska State Employees Association, for the General Government Unit; (3) Alaska Vocational Technical Center Teachers Association representing teachers at the Alaska Vocational Technical Center; (4) Alyeska Correspondence School Education Association, representing teachers at the Alyeska Central School; (5) Confidential Employees Association; (6) Inlandboatmens Union of the Pacific, representing the unlicensed marine unit; (7) International Organization of Masters, Mates, and Pilots, Pacific Maritime Region, for the Masters, Mates, and Pilots Unit; 2000-04-30 House Journal Page 3685 HB 52 (8) Marine Engineers Beneficial Association, representing licensed engineers employed by the Alaska marine highway system; (9) Public Employees Local 71, for the Labor, Trades and Crafts Unit; (10) Public Safety Employees Association, for the Correctional Officers Unit; (11) Public Safety Employees Association, representing state troopers and other commissioned law enforcement personnel; and (12) Teachers Education Association of Mt. Edgecumbe. (b) The following amounts are appropriated to the Alaska Court System, the legislature, and the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 2001, from the fund sources described in sec. 2(a) of this Act in the amounts listed for salary and benefit adjustments for employees of those agencies who are not members of a collective bargaining unit: AGENCY APPROPRIATION AMOUNT Alaska Court System $1,154,500 Legislature 634,000 Executive Branch 2,611,600 (c) LEGISLATIVE INTENT. It is the intent of the legislature that part of the appropriation in (b) of this section is to provide lump sum payments of up to $1,200, prorated at $50 for each pay period that the employee was in pay status in fiscal year 2000, but reduced by amounts necessary to pay mandatory employee and employer deductions, for (1) classified and partially exempt employees in the executive branch of the state government who are not members of a collective bargaining unit established under the authority of AS23.40.070 - 23.40.260 (Public Employment Relations Act), employed and in pay status on July 1, 2000; (2) the governor and the lieutenant governor, employed and in pay status on July1, 2000; (3) permanent and temporary employees in the executive branch of the state government, other than the governor and lieutenant governor, who are in the exempt service under AS39.25, not members of a collective bargaining unit established under AS23.40.070 - 23.40.260 (Public Employment Relations Act), and employed and in pay status on July1, 2000; (4) employees of the legislature under AS24.10 and AS24.20, employed and in pay status on July1, 2000, excluding members of the legislature; 2000-04-30 House Journal Page 3686 HB 52 (5) employees of the legislature who would otherwise be entitled to payment under (4) of this subsection but who are not employed or in pay status on July1, 2000, because their employment was limited to the legislative session; (6) justices of the state supreme court, judges of the state court of appeals, state superior court judges, state district court judges, and state magistrates, employed and in pay status on July 1, 2000; (7) permanent and temporary employees in the judicial branch of the state government, other than magistrates and judicial officers, who are not members of a collective bargaining unit established under AS23.40.070 - 23.40.260 (Public Employment Relations Act), and are employed and in pay status on July 1, 2000. (d) The sum of $6,426,300 is appropriated from the fund sources described in sec. 2(c) of this Act to the University of Alaska for the fiscal year ending June 30, 2001, for salary and benefit adjustments for university employees who are not members of a collective bargaining unit and to implement the monetary terms of the collective bargaining agreements of the (1) University of Alaska Classified Employees Association; (2) Alaska Community Colleges Federation of Teachers; (3) United Academics; and (4) United Academics - Adjuncts. * Sec. 2. FUNDING SOURCES; ALASKA MARINE HIGHWAY SYSTEM; EFFECTS OF NONRATIFICATION. (a) The appropriations made in secs. 1(a) and (b) of this Act are from the following fund sources: FUNDING SOURCE AMOUNT Federal receipts $3,536,100 General fund match 681,800 General fund receipts 10,565,900 General fund program receipts 1,013,000 Inter-agency receipts 1,725,700 Donated commodity handling fee account 2,500 Federal incentive payments 52,700 Benefit system receipts 46,300 Exxon Valdez oil spill settlement 42,500 Agricultural loan fund 27,500 FICA administration fund account 2,800 Fish and game fund 388,100 Science and technology endowment income 18,500 Highway working capital fund 275,000 2000-04-30 House Journal Page 3687 HB 52 International airports revenue fund 629,900 Public employees' retirement fund 75,400 Second injury fund reserve account 4,700 Disabled fishermen's reserve account 5,600 Surplus property revolving fund 6,200 Teachers' retirement system fund 31,600 Veterans' revolving loan fund 2,900 Commercial fishing loan fund 52,100 General fund/mental health 593,200 Real estate surety fund 2,900 National guard retirement system 1,500 Training and building fund 9,100 Permanent fund dividend fund 90,900 Rural development initiative fund 1,800 Oil/hazardous prevention/response 178,200 Interagency receipts/oil and hazardous waste 18,500 Capital improvement project receipts 1,626,000 Public school fund 400 Fisheries enhancement revolving loan fund 7,500 Alternative energy revolving loan fund 3,000 Alaska clean water loan fund 6,100 Marine highway system fund 1,633,600 Storage tank assistance fund 14,800 Information services fund 196,700 Mental health trust authority authorized receipts 61,800 Clean air protection fund 43,000 Mental health trust administration 11,200 Children's trust fund earnings 300 Alaska drinking water fund 7,000 Alaska Industrial Development and Export Authority receipts 52,200 Alaska Housing Finance Corporation receipts 222,000 Alaska Municipal Bond Bank receipts 1,300 Alaska Permanent Fund Corporate receipts 78,500 Post-secondary education commission receipts 158,800 Designated program receipts 295,700 Test fisheries receipts 67,800 International trade and business endowment income 4,300 Pioneers' homes receipts 55,900 Indirect cost reimbursement 20,200 2000-04-30 House Journal Page 3688 HB 52 Regulatory Commission of Alaska receipts 81,300 Public building fund 3,500 (b) The sum of $980,200 is appropriated from the general fund to the Alaska marine highway system fund (AS 19.65.060(a)). (c) The fund source for the appropriations made in sec. 1(d) of this Act is as follows: General fund receipts $5,161,100 University receipts 939,400 Federal receipts 226,300 Auxiliary receipts 99,500 (d) If a collective bargaining agreement listed in sec. 1(a) of this Act is not ratified by the membership of the respective collective bargaining unit, the appropriation made by sec. 1(a) of this Act is reduced by the amount for that collective bargaining agreement, and the corresponding funding source amounts listed in (a) of this section are reduced accordingly. * Sec. 3. CONSTITUTIONAL BUDGET RESERVE FUND APPROPRIATION. Notwithstanding the fund sources set out in secs. 1 and 2 of this Act, the sum of $18,995,200 is appropriated for the purposes described in sec. 1 of this Act from the constitutional budget reserve fund, art. IX, sec. 17, Constitution of the State of Alaska, in lieu of the amounts listed in sec. 2 of this Act as general fund, general fund receipts, general fund match, general fund program receipts, and general fund/mental health. * Sec. 4. If sec. 3 of this Act, making an appropriation from the constitutional budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) is not enacted into law, then the appropriations made from the general fund, general fund receipts, general fund match, general fund program receipts, and general fund/mental health in this Act take effect. * Sec. 5. CONSTITUTIONAL BUDGET RESERVE VOTING NOTICE. The appropriation from the constitutional budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska) that is made in sec. 3 of this Act is made under art. IX, sec. 17(c), Constitution of the State of Alaska. * Sec. 6. This Act takes effect July1, 2000." Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 to Amendment No. 3 - Part B be adopted. Representative Mulder objected. 2000-04-30 House Journal Page 3689 HB 52 The question being: "Shall Amendment No. 1 to Amendment No. 3 - Part B be adopted?" The roll was taken with the following result: CSHB 52(FIN) am Second Reading Amendment No. 1 to Amendment No. 3 - Part B YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Sanders, Smalley Nays: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams And so, Amendment No. 1 to Amendment No. 3 - Part B was not adopted. Amendment No. 2 to Amendment No. 3 - Part B was offered by Representative Brice: Under Section 2(a), following "1.125 percent": Insert ", except formula programs established by statute" Representative Brice moved and asked unanimous consent that Amendment No. 2 to Amendment No. 3 - Part B be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 to Amendment No. 3 - Part B, be adopted?" The roll was taken with the following result: CSHB 52(FIN) am Second Reading Amendment No. 2 to Amendment No. 3 - Part B YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 2000-04-30 House Journal Page 3690 HB 52 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Murkowski, Phillips, Sanders, Smalley Nays: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Porter, Rokeberg, Therriault, Whitaker, Williams Whitaker changed from "Yea" to "Nay". And so, Amendment No. 2 to Amendment No. 3 - Part B was not adopted. Representative Berkowitz rose to a point of order regarding impugning the motives of the Governor. The Speaker stated that the discussion was in order. Representative Croft rose to a point of order. The Speaker ruled that the reference to the Governor was in order and cited Mason's Manual, Section 111. The question being: "Shall Amendment No. 3 - Part B be adopted?" The roll was taken with the following result: CSHB 52(FIN) am Second Reading Amendment No. 3 - Part B YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, James, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams 2000-04-30 House Journal Page 3691 HB 52 Nays: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Moses, Ogan, Sanders, Smalley And so, Amendment No. 3 - Part B was adopted. Representatives Brice and Kerttula declared a conflict of interest. Representative Brice moved and asked unanimous consent to divide the question. Objection was heard. Representative Brice moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Barnes placed a call of the House. The Speaker stated that the call was satisified. The question being: "Shall CSHB 52(FIN) am pass the House?" The roll was taken with the following result: CSHB 52(FIN) am Third Reading Final Passage YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Cowdery, Dyson, Joule, Kapsner, Kemplen, Kohring, Kookesh, Ogan, Rokeberg Bunde changed from "Nay" to "Yea". And so, CSHB 52(FIN) am passed the House. Representative Green 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. 2000-04-30 House Journal Page 3692 HB 52 Representative Berkowitz objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 52(FIN) am Third Reading Effective Date YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Moses, Ogan, Sanders, Smalley And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title appears below: CS FOR HOUSE BILL NO. 52(FIN) am(efd fld) "An Act making appropriations for salary and benefit adjustments and to fund certain collective bargaining agreements." CSHB 52(FIN) am(efd fld) was referred to the Chief Clerk for engrossment.