Legislature(1993 - 1994)
1994-03-30 House Journal
Full Journal pdf1994-03-30 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).