Legislature(1997 - 1998)
1997-05-08 House Journal
Full Journal pdf1997-05-08 House Journal Page 1672 SB 13 Amendment No. 3 was offered by Representative Vezey: Page 3, line 3: Insert a new bill section to read: 1997-05-08 House Journal Page 1673 SB 13 "*Sec. 7. AS 21.09.210, 21.33.055, 21.33.061, 21.34.180 are repealed." Renumber the following bill sections accordingly. Representative Vezey moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Bunde objected. Representative Ryan placed a call of the House and lifted the call. Representative Hudson placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 3 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Ryan, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Williams: Page 2, lines 20 - 28: Delete all material and insert: "Sec. 43.50.300. Excise tax levied. (a) An excise tax is levied 1997-05-08 House Journal Page 1674 SB 13 (1) on the following tobacco products in the state at the rate of 25 percent of the wholesale price of the tobacco product: (A) cigars, cheroots, and stogies if the wholesale price of the cigar, cheroot, or stogie is more than $1.75; and (B) tobacco in any form suitable for smoking in a pipe; (2) on a tobacco product, except a product described in (1) of this subsection, in the state at the rate of 75 percent of the wholesale price of the tobacco product ªPRODUCTSß. (b) The tax imposed under (a) of this section is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Representative Williams moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. The Speaker invoked Section 102 of Mason's Manual regarding debate. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 4 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Ivan, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Vezey, Williams Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Ryan, Sanders, Therriault 1997-05-08 House Journal Page 1675 SB 13 Cowdery changed from "Nay" to "Yea". And so, Amendment No. 4 was not adopted.. Amendment No. 5 was offered by Representative Sanders: Page 2, line 1: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 9: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 17: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 20: Delete "An" Insert "Except with respect to tobacco products consumed by any member from District 22 first elected to the House in 1978, an" Representative Sanders moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 5 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Croft, Davies, Foster, Kohring, Kookesh, Kott, Moses, Ogan, Rokeberg, Sanders, Vezey 1997-05-08 House Journal Page 1676 SB 13 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Ryan, Therriault, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Hodgins: Page 2, line 21: Delete "75" Insert "15" Page 2, line 29, through page 3, line 2: Delete all material. Renumber the following bill sections accordingly. Page 3, line 12: Delete "sec. 7" Insert "sec. 6" Page 3, line 18: Delete "6, and 8" Insert "and 7" Page 3, line 19: Delete "sec. 7" Insert "sec. 6" Representative Hodgins moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1677 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 6 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Hodgins: Page 1, line 8: Delete "(1)" Page 1, line 10: Delete "; and" Insert "." Page 1, lines 11 - 13: Delete all material. Page 2, lines 8 - 18: Delete all material. Renumber the following bill sections accordingly. Page 2, line 21: Delete "75" Insert "20" Page 2, line 29, through page 3, line 27: Delete all material and insert: "* Sec. 4. This Act takes effect October 1, 1997." 1997-05-08 House Journal Page 1678 SB 13 Representative Hodgins moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 7 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was not offered. Amendment No. 9 was offered by Representative Hodgins: Page 3, line 18: Delete "October 1, 1997" Insert "October 1, 2002" Representative Hodgins moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1679 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 9 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Hodgins: Page 1, line 6, through page 3, line 27: Delete all material and insert: "* Section 1. AS 43.50.090(a) is amended to read: (a) There is levied an excise tax ªOF TWO AND ONE-HALF MILLSß on each cigarette imported or acquired in the state, as follows: (1) the excise tax on each cigarette is 38 mills; each ª. EACHß licensee shall, at the time of filing the return reporting the levy made by this paragraph that is required by AS 43.50.080, pay to the department the excise for the calendar month covered by the return, deducting four-tenths of one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes ª. CIGARETTESß upon which the excise is imposed are not again subject to the excise when acquired by another person; (2) notwithstanding (1) of this subsection, on and after the date that is 30 days after the later of (A) the date a court enters a final judgment that the amendment made to this subsection by this Act changing the rate of taxation on cigarettes violates the prohibition set out in art. IX, sec. 7, Constitution of the State of Alaska, against dedication of the proceeds of a state tax or license, and (B) the expiration of any 1997-05-08 House Journal Page 1680SB 13 time for appeal of that judgment, or upon entry of a final order on the appeal that this subsection, as amended by this Act, violates art. IX, sec.7, Constitution of the State of Alaska, the excise tax on each cigarette is two and one-half mills; each licensee shall, at the time of filing the return reporting the levy made by this paragraph required by AS 43.50.080, pay to the department the excise tax for the calendar month covered by the return, deducting four-tenths of one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person; (3) notwithstanding (1) and (2) of this subsection, on and after the date that is two years after the effective date of this Act, the excise tax on each cigarette is two and one-half mills; each licensee shall, at the time of filing the return required by AS 43.50.080, pay to the department the excise tax for the calendar month covered by the return, deducting one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person. * Sec. 2. AS 43.50.190(a) is amended to read: (a) There is levied an additional excise tax ªOF 12 MILLSß on each cigarette imported or acquired in this state, as follows: (1) the additional excise tax on each cigarette is 12 mills; (2) notwithstanding (1) of this subsection, on and after the date that is 30 days after the later of (A) the date a court enters a final judgment that the amendment made to AS 43.50.090(a) by this Act changing the rate of taxation on cigarettes violates the prohibition set out in art. IX, sec. 7, Constitution of the State of Alaska, against dedication of the proceeds of a state tax or license, and (B) the expiration of any time for appeal of that judgment, or upon entry of a final order on the appeal that AS 43.50.090(a), as amended by this Act, violates art. IX, sec. 7, Constitution of the State of Alaska, and retroactive to the effective date of this Act the additional excise tax on each cigarette is 47.5 mills; 1997-05-08 House Journal Page 1681SB 13 (3) notwithstanding (1) and (2) of this subsection, on and after the date that is two years after the effective date of this Act, the additional excise tax on each cigarette is 12 mills. * Sec. 3. AS 43.50.300 is amended to read: Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco products in the state ªAT THE RATE OF 25 PERCENT OF THE WHOLESALE PRICE OF THE TOBACCO PRODUCTSß. The tax is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer. * Sec. 4. AS 43.50.300 is amended by adding a new subsection to read: (b) The excise tax levied under (a) of this section is (1) levied at the rate of 75 percent of the wholesale price of the tobacco products; (2) notwithstanding (1) of this subsection, on and after the date that is two years after the effective date of the Act, levied at the rate of 25 percent of the wholesale price of the tobacco products. * Sec. 5. AS 43.50.330(b) is amended to read: (b) The licensee shall remit with the return the tax due under AS 43.50.300 for the month covered by the return. The licensee may (1) until the date set in (2) of this subsection, deduct four-tenths of ª, AFTER DEDUCTINGß one percent of the tax due and ª, WHICH THE LICENSEE SHALLß retain it to cover the expense of accounting and filing the return; and (2) on and after the date that is two years after the effective date of this Act, deduct one percent of the tax due and retain it to cover the expense of accounting and filing the return. * Sec. 6. RETROACTIVE CREDIT. If AS 43.50.090(a)(2), added by sec. 1 of this Act, and AS 43.50.190(a)(2), added by sec. 2 of this Act, become operative, then 35.5 mills per cigarette of the tax levied under AS 43.50.090(a)(1), as amended by sec. 1 of this Act, for cigarettes sold on or after the effective date of this Act and before the 1997-05-08 House Journal Page 1682 SB 13 operative date of AS 43.50.090(a)(2) shall be credited to the retroactive tax levied under AS 43.50.190(a)(2), as amended by sec. 2 of this Act. * Sec. 7. This Act takes effect October 1, 1997." Representative Hodgins moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 10 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Ogan: Page 1, line 11: Delete "sec. 4" Insert "sec. 5" Page 2, following line 15: Insert a new bill section to read: "* Sec. 4. AS 43.50.090(a) is repealed and reenacted to read: (a) There is levied an excise tax of two and one-half mills on each cigarette imported or acquired in the state. Each licensee shall, at the time of filing the return required by AS 43.50.080, pay to the department the excise for the calendar month covered 1997-05-08 House Journal Page 1683 SB 13 by the return, deducting one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns. Cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person." Renumber the following bill sections accordingly. Page 2, following line 18: Insert a new bill section to read: "* Sec. 6. AS 43.50.190(a) is repealed and reenacted to read: (a) There is levied an excise tax of 12 mills on each cigarette imported or acquired in this state." Renumber the following bill sections accordingly. Page 2, following line 28: Insert a new bill section to read: "* Sec. 8. AS 43.50.300 is repealed and reenacted to read: Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco products in the state at the rate of 25 percent of the wholesale price of the tobacco products. The tax is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Renumber the following bill sections accordingly. Page 3, following line 2: Insert a new bill section to read: "* Sec. 10. AS 43.50.330(b) is repealed and reenacted to read: (b) The licensee shall remit with the return the tax due under AS43.50.300 for the month covered by the return, after deducting one percent of the tax due, which the licensee shall retain to cover the expense of accounting and filing the return." Renumber the following bill sections accordingly. 1997-05-08 House Journal Page 1684 SB 13 Page 3, line 3: Delete "and 4" Insert "and 5" Page 3, line 8: Delete "and" Page 3, line 11, following "Alaska": Insert "; and (3) secs. 4, 6, 8, and 10 of this Act have not taken effect, or will not within 30 days take effect, under sec. 13 of this Act" Page 3, line 12: Delete "and 4" Insert "and 5" Delete "sec. 7" Insert "sec. 11" Page 3, line 13: Delete "and 4" Insert "and 5" Page 3, line 17: Delete "sec. 4" Insert "sec. 5" Page 3, following line 17: Insert a new bill section to read: "* Sec. 13. CONDITIONAL EFFECT OF CERTAIN SECTIONS. Sections 4, 6, 8, and 10 of this Act take effect only if (1) a court enters a final judgment that the taxation of cigarettes or tobacco products under AS 43.50 is preempted in a part of the state that is subject to the authority of a tribal government and the preemption is due either to infringement with retained tribal sovereignty or to federal protection of the interests of Alaska Natives based upon an application of the supremacy clause, art. VI, sec. 2, Constitution of the United States; a judgment does not satisfy the requirements of this paragraph if it finds preemption only in a municipality organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection; and 1997-05-08 House Journal Page 1685 SB 13 (2) either the time for appeal of or petition for certiorari concerning that judgment expires or, if an appeal is taken or petition for certiorari filed, the court having final appellate authority enters a final order on appeal sustaining that judgment or denies the petition for certiorari." Renumber the following bill sections accordingly. Page 3, line 18: Delete "5, 6, and 8" Insert "7, 9, and 11 - 13" Page 3, line 19: Delete "and 4" Insert "and 5" Delete "sec. 7" Insert "sec. 11" Page 3, following line 27: Insert a new bill section to read: "* Sec. 16. (a) If secs. 4, 6, 8, and 10 of this Act take effect under sec. 13 of this Act, they take effect on the 30th day after the later of (1) the date on which the court enters a final judgment that the taxation of cigarettes or tobacco products under AS 43.50 is preempted in a part of the state that is subject to the authority of a tribal government and the preemption is due either to infringement with retained tribal sovereignty or to federal protection of the interests of Alaska Natives based upon an application of the supremacy clause, art. VI, sec. 2, Constitution of the United States; a judgment does not satisfy the requirements of this paragraph if it finds preemption only in a municipality organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection; and (2) the expiration of any time for appeal of that judgment or, if an appeal is taken, the court having final appellate authority enters a final order on appeal sustaining that judgment. (b) The attorney general shall promptly notify the lieutenant governor, the commissioner of revenue, and the revisor of statutes of a judgment described in (a) of this section." 1997-05-08 House Journal Page 1686 SB 13 Representative Ogan moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 11 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Kott: Page 2, lines 20 - 28: Delete all material and insert: "Sec. 43.50.300. Excise tax levied. (a) An excise tax is levied (1) on snuff, snuff flour, and chewing tobacco [PRODUCTSß in the state at the rate of 50 ª25ß percent of the wholesale price of the snuff, snuff flour, and chewing tobacco; and (2) on a tobacco product, except a product described in (1) of this subsection, in the state at the rate of 75 percent of the wholesale price of the tobacco product ªPRODUCTSß. (b) The tax imposed under (a) of this section is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; 1997-05-08 House Journal Page 1687 SB 13 (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Representative Kott moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 12 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Ogan: Page 1, lines 1 - 3 (title amendment): Delete "and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state" Insert "and to the use of cigarette tax proceeds" Page 1, line 6, through page 2, line 15: Delete all material. 1997-05-08 House Journal Page 1688 SB 13 Page 2, line 16: Delete "* Sec. 4. AS 43.50.190(a)" Insert "* Section 1. AS 43.50.190" Renumber the following bill sections accordingly. Page 2, line 17, before "(a)": Insert "Sec. 43.50.190. Additional tax levy on cigarettes." Delete "47.5" Insert "17" Page 2, following line 18: Insert new subsections to read: "(b) The tax levied by this section is in addition to the tax levied by AS 43.50.010 - 43.50.180. The tax shall be administered and collected in the same manner as the tax levied by AS 43.50.010 - 43.50.180. The ª, EXCEPT THATß receipts from the tax shall be deposited in the general fund. The commissioner of administration shall separately account for receipts from the tax in excess of the amounts recovered from a tax levy of 12 mills. The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations for law enforcement grants and programs. (c) The penalties provided in AS 43.05 apply to the tax levied in this section." Page 3, lines 3 - 27: Delete all material and insert: "* Sec. 4. This Act takes effect October 1, 1997." Representative Ogan moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1689 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 13 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Ogan: Page 2, line 12: Delete "four-tenths of" Insert "ªFOUR-TENTHS OFß" Representative Ogan moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 14 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey 1997-05-08 House Journal Page 1690 SB 13 Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 14 was not adopted. Representative Porter moved and asked unanimous consent that HCSCSSB 13(HES) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 13(HES) will be in third reading on tomorrow's calendar.