Legislature(1993 - 1994)

1994-03-30 House Journal

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1994-03-30                     House Journal                      Page 3087
HB 505                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 505                                                            
"An Act making appropriations to and from the constitutional                  
budget reserve fund under art. IX, sec. 17(c), Constitution of the             
State of Alaska, for operating and capital expenses of state                   
government for fiscal year 1994; and providing for an effective                
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NEW TITLE  4NR  1AM                             2520         
	FIN RPT  CS(FIN) NEW TITLE 4DP 3DNP 3NR                          3042         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 505(FIN)                                                
"An Act making appropriations to the constitutional budget reserve            
fund established under art. IX, sec. 17, Constitution of the State of          
Alaska; making an appropriation to the Department of Education                 
for support of kindergarten, primary, and secondary education and              
community schools programs and for school construction debt                    
retirement; amending certain appropriations for education programs             
and school construction debt retirement for fiscal year 1994 and               
for educational facilities maintenance and construction; making                

1994-03-30                     House Journal                      Page 3088
HB 505                                                                       
appropriations from the constitutional budget reserve fund under              
art. IX, sec. 17(c), Constitution of the State of Alaska; and                  
providing for an effective date."                                              
                                                                               
Representative Navarre objected.                                               
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall CSHB 505(FIN) be adopted?"  The roll               
was taken with the following result:                                           
                                                                               
HB 505                                                                         
Second Reading                                                                 
Adopt Finance Committee Substitute                                             
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams        
                                                                               
Nays:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer,           
Willis                                                                         
                                                                               
Excused:  Brice, Olberg                                                        
                                                                               
Willis changed from "Yea" to "Nay".                                            
                                                                               
And so, CSHB 505(FIN) was adopted.                                             
                                                                               
Amendment No. 1 was offered  by Representatives Navarre and Ulmer:              
                                                                               
Page 1, lines 5 - 9 (title amendment):                                         
	Delete "amending certain appropriations for education                        
programs and school construction debt retirement for fiscal year               
1994 and for educational facilities maintenance and construction;              
making appropriations from the constitutional budget reserve fund              
under art. IX, sec. 17(c), Constitution of the State of Alaska;"              
                                                                               
                                                                               

1994-03-30                     House Journal                      Page 3089
HB 505                                                                       
Page 4, lines 26 - 27:                                                         
	Delete "constitutional budget reserve"                                        
	Insert "general"                                                              
                                                                               
Page 4, line 31, through page 5, line 1:                                       
	Delete "Budget reserve fund (art. IX, sec. 17, Constitution of the            
State of Alaska)"                                                              
	Insert "General fund"                                                         
                                                                               
Page 6, lines 12 - 13:                                                         
	Delete "budget reserve fund (art. IX, sec. 17, Constitution of the            
State of Alaska)"                                                              
	Insert "general fund"                                                         
                                                                               
Page 6, line 18, through page 8, line 3:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, line 4:                                                                
	Delete ", 6, 7, and 9"                                                        
                                                                               
Page 8, line 5:                                                                
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, line 6:                                                                
	Delete "and 6 - 11"                                                           
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
Representative Phillips rose to a point of order stating that debate was       
straying from the amendment.                                                   
                                                                               
The Speaker stated the point was well taken and cautioned the member           
to proceed in order.                                                           
                                                                               

1994-03-30                     House Journal                      Page 3090
HB 505                                                                       
Representative Phillips rose to a point of order stating that a member         
was impugning the motives of members of the body.                              
                                                                               
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
Representative Hoffman, who had been previously excused (page                  
2884), left the Chamber.                                                       
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 505(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  14   NAYS:  23   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf,               
Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis             
                                                                               
Nays:  Barnes, Bunde, Davidson, G.Davis, Foster, Green, Hanley,                
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams        
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Brown:                           
                                                                               
Page 1, line 11, through page 4, line 14:                                      
                                                                               
	Delete all material.                                                          
	Renumber remaining sections accordingly.                                      
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    

1994-03-30                     House Journal                      Page 3091
HB 505                                                                        
Objection was heard.                                                          
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 505(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton,              
Ulmer, Willis                                                                  
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips,               
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Brown:                           
                                                                               
Page 8, lines 4 and 5:                                                         
                                                                               
	Delete all material.                                                          
	Renumber remaining sections accordingly.                                      
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-03-30                     House Journal                      Page 3092
HB 505                                                                       
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 505(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton,              
Ulmer, Willis                                                                  
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips,               
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Navarre:                         
                                                                               
                                                                               
Page 1, line 3, after "appropriation" (title amendment):                     
	Insert "from the general fund for fiscal year 1995"                         
                                                                               
Page 1, lines 5 - 7 (title amendment):                                         
	Delete "amending certain appropriations for education                        
programs and school construction debt retirement for fiscal year               
1994 and for educational facilities maintenance and construction;"            
                                                                               
                                                                               
Page 1, line 9, after "Alaska" (title amendment):                            
	Insert "for operating and capital expenses of state government               
for fiscal year 1994"                                                         
                                                                               

1994-03-30                     House Journal                      Page 3093
HB 505                                                                       
Page 4, after line 25:                                                         
	Insert new bill sections to read:                                             
  "* Sec. 4.  (a)  The sum of $416,600,000 is appropriated under art.        
IX, sec. 17(c), of the Constitution of the State of Alaska, from the           
budget reserve fund established by art. IX, sec. 17, of the Constitution       
of the State of Alaska, to the general fund.                                   
	(b)  The appropriation made by (a) of this section is to fund the             
portion of the fiscal year 1994 appropriations enacted in 1993 that was        
anticipated as being funded from amounts deposited in the general              
fund representing a portion of the revenue received from informal tax          
conference settlements.                                                        
	(c)  The sum of $529,036,778.27 is appropriated under art. IX, sec.           
17(c), of the Constitution of the State of Alaska, from the budget             
reserve fund established by art. IX, sec. 17, of the Constitution of the       
State of Alaska, to the general fund.                                          
	(d)  The appropriation made by (c) of this section is to fund the             
portion of the fiscal year 1994 appropriations enacted in 1993 that was        
anticipated as being funded from the general fund but, due to shortfalls       
created by declining state oil revenue, requires expenditure of revenue        
received from informal tax conference settlements.                             
   * Sec. 5.  An amount equal to the amount appropriated by sec. 3 of        
this Act is appropriated under art. IX, sec. 17(c), Constitution of the        
State of Alaska, from the budget reserve fund established by art. IX,          
sec. 17, Constitution of the State of Alaska to the general fund.              
   * Sec. 6.  In addition to the amounts appropriated by secs. 4 and 5       
of this Act, if the unrestricted state revenue available for appropriation     
in fiscal year 1994 is insufficient to cover the fiscal year 1994 general      
fund appropriations, the amount necessary to balance revenue and               
general fund appropriations is appropriated under art. IX, sec. 17(c),         
Constitution of the State of Alaska to the general fund."                      
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 4, lines 26 - 27:                                                         
	Delete "constitutional budget reserve"                                        
	Insert "general"                                                              
                                                                               
                                                                               

1994-03-30                     House Journal                      Page 3094
HB 505                                                                       
Page 4, line 31, through page 5, line 1:                                       
	Delete "Budget reserve fund (art. IX, sec. 17, Constitution of the            
State of Alaska)"                                                              
	Insert "General fund"                                                         
                                                                               
Page 6, lines 12 - 13:                                                         
	Delete "budget reserve fund (art. IX, sec. 17, Constitution of the            
State of Alaska)"                                                              
	Insert "general fund"                                                         
                                                                               
                                                                               
Page 6, line 18, through page 7, line 31:                                      
	Delete all material.                                                          
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 8, line 4:                                                                
	Delete "1 - 3, 6, 7, and 9"                                                   
	Insert "1 - 6 and 9"                                                          
                                                                               
Page 8, line 5:                                                                
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, line 6:                                                                
	Delete "1 - 3 and 6 - 11"                                                     
	Insert "1 - 6 and 9"                                                          
                                                                               
Page 8, line 8:                                                                
	Delete "4 and 5"                                                              
	Insert "7 and 8"                                                              
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               

1994-03-30                     House Journal                      Page 3095
HB 505                                                                       
The question being:  "Shall Amendment No. 4 be adopted?" The roll              
was taken with the following result:                                           
                                                                               
CSHB 505(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton,              
Ulmer, Willis                                                                  
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips,               
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips  moved and asked unanimous consent that                
CSHB 505(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
CSHB 505(FIN) was read the third time.                                         
                                                                               
                                                                               
The question being:  "Shall CSHB 505(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 505(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  3   ABSENT:  0                             
                                                                               

1994-03-30                     House Journal                      Page 3096
HB 505                                                                       
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
                                                                               
Nays:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                     
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
                                                                               
And so, those sections of the bill requiring three fourths of the vote         
failed.  CSHB 505(FIN)(brf fld) passed the House and the new title             
appears below:                                                                 
                                                                               
"An Act making appropriations to the constitutional budget reserve            
fund established under art. IX, sec. 17, Constitution of the State of          
Alaska; and making an appropriation to the Department of                       
Education for school construction debt retirement."                            
                                                                               
                                                                               
Representative Phillips moved the effective date clauses.                      
                                                                               
                                                                               
The question being:  "Shall the effective date clauses be adopted?"            
The roll was taken with the following result:                                  
                                                                               
CSHB 505(FIN)(brf fld)                                                         
Third Reading                                                                  
Effective Dates                                                                
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses,                   
Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               

1994-03-30                     House Journal                      Page 3097
HB 505                                                                       
Nays:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                     
                                                                               
Excused:  Brice, Hoffman, Olberg                                               
                                                                               
                                                                               
And so, the effective date clauses were not adopted.                           
                                                                               
                                                                               
Representative Larson gave notice of reconsideration of his vote on            
CSHB 505(FIN)(brf fld)(efd fld).