Legislature(2001 - 2002)

2001-04-28 House Journal

Full Journal pdf

2001-04-28                     House Journal                      Page 1333
HB 234                                                                                            
The following, which was moved to the bottom of the calendar (page                                  
1321), was read the second time:                                                                    
                                                                                                    
    HOUSE BILL NO. 234                                                                              
    "An Act relating to the financing of construction and renovation of                             
    certain public facilities; and providing for an effective date."                                
                                                                                                    
                                                                                                    
with the:                                                  Journal Page                             
                                                                                                    
 FIN RPT CS(FIN) NT 7DP 1NR 2AM                                    1268                             
 FN1: (REV)                                                        1269                             
                                                                                                    
                                                                                                    
The following corrected fiscal note was submitted by the Finance                                    
Committee:                                                                                          
                                                                                                    
1.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
                                                                                                    

2001-04-28                     House Journal                      Page 1334
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    CS FOR HOUSE BILL NO. 234(FIN)                                                                  
    "An Act relating to subsidiaries of the Alaska Housing Finance                                  
    Corporation; relating to the smoking education and cessation                                    
    account and to smoking education and cessation programs;                                        
    relating to funding the smoking education and cessation account;                                
    relating to financing of construction and major maintenance of                                  
    public school facilities, facilities for the University of Alaska, and                          
    facilities for ports and harbors; authorizing the commissioner of                               
    revenue to sell the right to receive a portion of the anticipated                               
    revenue from a tobacco litigation settlement to the Northern                                    
    Tobacco Securitization Corporation; relating to the deposit of                                  
    certain anticipated revenue from a tobacco litigation settlement;                               
    authorizing the issuance of bonds by the Northern Tobacco                                       
    Securitization Corporation with proceeds to fund the smoking                                    
    education and cessation account and to finance public school                                    
    construction and major maintenance, facilities for the University                               
    of Alaska, and facilities for ports and harbors; and providing for                              
    an effective date."                                                                             
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Amendment No. 1 was offered  by Representatives Croft and Joule:                                     
                                                                                                    
Page 4, following line 20:                                                                          
 Insert a new project to read:                                                                      
    "Bering Strait - Koyuk School                                                                   
         K-12 Replacement                                11,660,343                                 
    Yuppiit - Tuluksak School Improvement               18,393,931"                                
                                                                                                    
Page 5, line 6:                                                                                     
 Delete "7,000,000"                                                                                 
 Insert "9,097,138"                                                                                 
                                                                                                    
                                                                                                    
Page 5, following line 7:                                                                           
    Insert projects new to read:                                                                    

2001-04-28                     House Journal                      Page 1335
    "Southwest Region - Ekwok, Koliganek,                                                           
    Togiak Schools Heating System Upgrade                   122,256                                 
    Hoonah City - Hoonah Swimming Pool                                                              
    Sprinkler System                                        220,476                                 
    Galena - High School Remodel                            167,846                                 
    Kenai Peninsula - McNeil Canyon                                                                 
     Replace Septic System                                  171,500                                 
    Kake City - Kake High School                                                                    
     Ren. Phase II                                          175,065                                 
    Chatham - Angoon High School                                                                    
     Major Maintenance                                    1,730,507                                 
    North Slope Borough - Tikigaq                                                                   
     School Renovation                                    3,675,502                                 
    Tanana City - Tanana Kitchen                                                                    
     Renovation                                             438,539                                 
    Wrangell City - Wrangell Elementary                                                             
     Schools Renovation                                   1,129,238                                 
    Lower Yukon - Emmonak Mechanical                                                                
     System Upgrade                                         574,885                                 
    Lower Yukon - Alakanuk Mechanical                                                               
     System Upgrade                                         899,740                                 
    Iditarod Area - Takotna Community                                                               
     School Water Project                                   192,374                                 
    Anchorage - Service High School                                                                 
     Phase I Renovation                                   4,998,000                                 
    Kenai Peninsula - Seward Middle                                                                 
     School Gym Reroof                                      278,275                                 
    Iditarod Area - Innoko River School                                                             
     Bathroom, Shower & Underfloor                                                                  
     Damage Repairs                                          46,746                                 
    Iditarod Area - McGrath School                                                                  
     Heating Design, Boiler Replacement                                                             
     & Repairs                                              235,200                                 
    Kenai Peninsula - Kenai Central                                                                 
     High School Reinsulate Exterior                                                                
     Walls                                                  385,610                                 
    Alaska Gateway - Tok Multipurpose                                                               
     Rec. Complex Renovation Project                        961,612                                 
    Delta/Greely - Fort Greely Utility                                                              
     Conversion                                           2,054,852                                 

2001-04-28                     House Journal                      Page 1336
    Iditarod Area - Holy Cross School                                                               
     Bathroom & Shower Deterioration                         47,530                                 
    Wrangell City - Wrangell Middle                                                                 
     School Renovation                                      164,522                                 
    Sitka City Borough - Blatchley Domestic                                                         
     Water System Upgrade                                   667,356                                 
    Skagway City - Skagway Roof Replacement                 174,613                                 
    Mat-Su Borough - Fire Alarm                                                                     
     Systems, 5 Schools                                     638,647                                 
    Fairbanks - Districtwide Fire Protection                                                        
     System Upgrade                                       1,193,832                                 
    Yakutat City - Yakutat High School                                                              
     Gymnasium Structural Repair                             70,981                                 
    Yukon - Koyukuk - Kaltag School                                                                 
     Renovation                                           2,418,052                                 
    Mat-Su Borough - Septic System Upgrade                                                          
     Colony High School                                     164,039                                 
    Wrangell City - Wrangell Elementary School                                                      
     & High School Roof & Exterior Repairs                  101,216                                 
    Northwest Arctic - Shungnak Improvements                                                        
     Phase II                                             2,740,522                                 
    Dillingham City - Elementary School                                                             
     Weatherization                                         105,418                                 
    Kuspuk - Chuathbaluk Crow Village                                                               
     Sam School Sewage System                                                                       
     Replacement                                           375,661"                                 
                                                                                                    
Page 5, lines 9 through 20:                                                                         
 Delete all material.                                                                               
                                                                                                    
Renumber the following projects accordingly.                                                        
                                                                                                    
Page 5, line 21 through page 6, line 8:                                                             
 Delete all material.                                                                               
                                                                                                    
Representative Croft moved and asked unanimous consent that                                         
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Mulder objected.                                                                     
                                                                                                    

2001-04-28                     House Journal                      Page 1337
Representative Fate moved and asked unanimous consent that he be                                    
allowed to abstain from voting due to a conflict of interest.  Objection                            
was heard, and Representative Fate was required to vote.                                            
                                                                                                    
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 234(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  11   NAYS:  24   EXCUSED:  1   ABSENT:  4                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Hudson,                                   
Joule, Kapsner, Kerttula, Moses                                                                     
                                                                                                    
Nays:  Bunde, Chenault, Dyson, Fate, Foster, Green, Halcro, Harris,                                 
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Mulder,                                     
Murkowski, Ogan, Porter, Rokeberg, Stevens, Whitaker, Williams,                                     
Wilson                                                                                              
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Coghill, Hayes, Morgan, Scalzi                                                             
                                                                                                    
And so, Amendment No. 1 was not adopted.                                                            
                                                                                                    
                                                                                                    
Amendment No. 2 was offered  by Representatives Lancaster and                                        
Bunde:                                                                                              
                                                                                                    
Page 1, line 2, following "the" (title amendment):                                                
 Delete "smoking"                                                                                 
 Insert "tobacco use"                                                                             
                                                                                                    
Page 1, line 2, following "to":                                                                   
 Delete "smoking"                                                                                 
 Insert "tobacco use"                                                                             
                                                                                                    
Page 1, line 3:                                                                                     
 Delete "smoking"                                                                                 
 Insert "tobacco use"                                                                             
                                                                                                    

2001-04-28                     House Journal                      Page 1338
Page 1, lines 10 - 11:                                                                              
 Delete "to fund the smoking education and cessation account                                      
and"                                                                                              
                                                                                                    
Page 2, lines 17 - 29:                                                                              
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 3, line 1:                                                                                     
 Delete "Smoking education and cessation account"                                                 
 Insert "Tobacco education and cessation fund"                                                    
                                                                                                    
Page 3, line 2:                                                                                     
 Delete "Northern Tobacco Securitization Corporation the smoking                                    
education and cessation account"                                                                    
 Insert "general fund, the tobacco use education and cessation fund                                 
into which shall be deposited 20 percent annually of the revenue                                    
derived from the settlement of the State of Alaska v. Philip Morris,                                
Incorporated, et al, No. 1JU-97-915 CI (Alaska Super. 1997)"                                        
                                                                                                    
Page 3, lines 6 - 8:                                                                                
 Delete all material.                                                                               
 Insert a new subsection to read:                                                                   
     "(b) Subject to annual appropriation, the purpose of the                                       
    tobacco use education and cessation fund is to provide a source to                              
    finance the comprehensive smoking education, tobacco use                                        
    prevention, and tobacco control program authorized by AS                                        
    44.29.020(a)(15)."                                                                              
                                                                                                    
Page 3, line 9, following "section":                                                                
 Delete "creates a dedicated fund"                                                                  
 Insert "exempts money deposited in the tobacco use education and                                   
cessation fund from the requirements of AS 37.07 (Executive Budget                                  
Act) or dedicates that money for a special purpose"                                                 
                                                                                                    
Page 6, line 12 through Page 7, line 9:                                                             
 Delete all material.                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   

2001-04-28                     House Journal                      Page 1339
Representative Bunde moved and asked unanimous consent that                                         
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Objection was heard and withdrawn.  There being no further objection,                               
Amendment No. 2 was adopted and the new title appears below:                                        
                                                                                                    
    CS FOR HOUSE BILL NO. 234(FIN) am                                                               
    "An Act relating to subsidiaries of the Alaska Housing Finance                                  
    Corporation; relating to the tobacco use education and cessation                                
    account and to tobacco use education and cessation programs;                                    
    relating to funding the tobacco use education and cessation                                     
    account; relating to financing of construction and major                                        
    maintenance of public school facilities, facilities for the University                          
    of Alaska, and facilities for ports and harbors; authorizing the                                
    commissioner of revenue to sell the right to receive a portion of                               
    the anticipated revenue from a tobacco litigation settlement to the                             
    Northern Tobacco Securitization Corporation; relating to the                                    
    deposit of certain anticipated revenue from a tobacco litigation                                
    settlement; authorizing the issuance of bonds by the Northern                                   
    Tobacco Securitization Corporation with proceeds to finance                                     
    public school construction and major maintenance, facilities for                                
    the University of Alaska, and facilities for ports and harbors; and                             
    providing for an effective date."                                                               
                                                                                                    
Amendment No. 3 was offered  by Representative Davies:                                               
                                                                                                    
Page 7, following line 10:                                                                          
 Insert a new bill section to read:                                                                 
                                                                                                    
   "*Sec. 9.  AS 37.05.580 enacted in sec. 3 of this Act is repealed on                           
the date that the Alaska Supreme Court decides that the sale or transfer                            
of a part of the annual revenue derived from the settlement of State of                             
Alaska v. Philip Morris, Incorporated, et al, No. 1JU-97-915 CI                                     
(Alaska Super. 1997) authorized in sec. 9, ch. 130 SLA 2000 is                                      
invalid."                                                                                           
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 3 be adopted.                                                                         

2001-04-28                     House Journal                      Page 1340
Objection was heard.                                                                                
                                                                                                    
Representative Davies moved and asked unanimous consent to                                          
withdraw Amendment No. 3.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
                                                                                                    
Amendment No. 4 (technical) was offered by Representative Mulder:                                   
                                                                                                    
                                                                                                    
Page 5, line 16:                                                                                    
 Delete "University Center"                                                                         
                                                                                                    
Representative Mulder moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.  There being no objection, it was so                                    
ordered.                                                                                            
                                                                                                    
                                                                                                    
Representative James moved and asked unanimous consent that CSHB
234(FIN) am be considered engrossed, advanced to third reading, and                                 
placed on final passage.  There being no objection, it was so ordered.                              
                                                                                                    
CSHB 234(FIN) am was read the third time.                                                           
                                                                                                    
The question being:  "Shall CSHB 234(FIN) am pass the House?"  The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSHB 234(FIN) am                                                                                    
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  31   NAYS:  6   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Crawford, Croft, Davies, Dyson,                                    
Fate, Foster, Green, Guess, Harris, Hayes, Hudson, James, Kohring,                                  
Kott, Lancaster, McGuire, Meyer, Morgan, Moses, Mulder,                                             
Murkowski, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams,                                   
Wilson                                                                                              
                                                                                                    
Nays:  Berkowitz, Cissna, Joule, Kapsner, Kerttula, Masek                                           
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    

2001-04-28                     House Journal                      Page 1341
Absent:  Halcro, Ogan                                                                               
                                                                                                    
And so, CSHB 234(FIN) am passed the House.                                                          
                                                                                                    
                                                                                                    
Representative James 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.                                                                              
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being: "Shall the effective date clause be adopted?"  The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 234(FIN) am                                                                                    
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                                                   
                                                                                                    
Yeas:  Berkowitz, Bunde, Chenault, Cissna, Coghill, Crawford, Croft,                                
Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hayes, Hudson,                                   
James, Joule, Kapsner, Kerttula, Kohring, Kott, Lancaster, Masek,                                   
McGuire, Meyer, Morgan, Moses, Mulder, Murkowski, Porter,                                           
Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson                                               
                                                                                                    
Excused:  Kookesh                                                                                   
                                                                                                    
Absent:  Halcro, Ogan                                                                               
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
Representative Bunde gave notice of reconsideration of his vote on                                  
CSHB 234(FIN) am.