Legislature(1999 - 2000)
1999-04-29 House Journal
Full Journal pdf1999-04-29 House Journal Page 1077 SB 33 The following was read the second time: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." with the: Journal Page STA RPT HCS(STA) 3DP 2DNP 2NR 1049 SENATE INDETERMINATE FN (GOV) 2/1/99 1050 FIN RPT HCS(FIN) 1DP 3DNP 6NR 1AM 1070 FISCAL NOTE (LAA) 1070 SENATE INDETERMINATE FN (GOV) 2/1/99 1070 **The presence of Representative Mulder was noted. Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Halcro: Page 2, line 30, following "senate": Insert ", one of whom shall be a representative of a Native corporation established under 43 U.S.C. 1601-1628 (Alaska Native Claims Settlement Act)" 1999-04-29 House Journal Page 1078 SB 33 Page 2, line 31, following "house": Insert ", one of whom shall be a representative of a nonprofit corporation formed by a Native corporation established under 43 U.S.C. 1601-1628 (Alaska Native Claims Settlement Act)" Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) Second Reading Amendment No. 1 YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Smalley, Whitaker, Williams Nays: Austerman, Barnes, Davis, Kohring, Masek, Rokeberg, Sanders, Therriault Excused: Joule And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kerttula: Page 2, following line 16: Insert new bill sections to read: "* Sec. 2. AS 23.40.080 is amended by adding a new subsection to read: (b) If the state is considering whether to enter a contract with an entity in the private sector of the economy to perform a function previously performed by state employees, the affected 1999-04-29 House Journal Page 1079 SB 33 agency or department must prepare a written review of the contract proposal setting out its benefits and detriments. The review must address the factors of quality of service and cost effectiveness, and may include other factors. The state shall consider the review before making its decision. * Sec. 3. Nothing in sec. 2 of this Act terminates or modifies a collective bargaining agreement in effect on the effective date of this Act." Renumber the following bill sections accordingly. Page 3, line 5: Delete "sec. 2" Insert "sec. 4" Page 3, line 6: Delete "sec. 2(a)(6)" Insert "sec. 4(a)(6)" Page 3, line 8: Delete "sec. 2(b)" Insert "sec. 4(b)" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. Representative Hudson moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Hudson moved and asked unanimous consent to withdraw the motion to divide the question. There being no objection, it was so ordered. 1999-04-29 House Journal Page 1080 SB 33 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Moses, Sanders, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker Excused: Joule And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Hudson: Page 4, line 1: Delete "2000" Insert "2001" Page 4, line 14: Delete "2000" Insert "2001" Representative Hudson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1999-04-29 House Journal Page 1081 SB 33 HCS CSSB 33(FIN) am H Second Reading Amendment No. 3 YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Dyson, Harris, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Murkowski, Phillips, Sanders, Smalley, Whitaker, Williams Nays: Barnes, Coghill, Cowdery, Davies, Davis, Foster, Green, Grussendorf, Halcro, James, Kohring, Masek, Mulder, Ogan, Porter, Rokeberg, Therriault Excused: Joule And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Croft: Page 2, line 20: Delete "11" Insert "13" Page 2, line 21 through Page 3, line 3: Delete all material. Insert "(1) three members appointed by the governor; one shall be a public member selected from a list of nominees submitted by labor organizations that represent state employees primarily engaged in building or other trades, and one shall be a public member selected from a list of nominees submitted by labor organizations that represent state employees that are not primarily engaged in building or other trades; (2) three members of the senate appointed by the president of the senate; two shall be members of the majority, and one shall be a member of the minority; (3) three members of the house of representatives appointed by the speaker of the house; two shall be members of the majority, and one shall be a member of the minority; (4) one member appointed by the Alaska Municipal League; 1999-04-29 House Journal Page 1082 SB 33 (5) one member appointed by the Alaska State Chamber of Commerce; (6) one public member appointed by the president of the senate; (7) one public member appointed by the speaker of the house. (b) The president of the senate shall select a member from those appointed to the task force by the president of the senate to serve as co-chair of the task force. The speaker of the house of representatives shall select a member from among those appointed to the task force by the speaker of the house of representatives to serve as co-chair of the task force." Reletter the following subsection accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 4 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Phillips, Smalley Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Joule And so, Amendment No. 4 was not adopted. 1999-04-29 House Journal Page 1083 SB 33 Amendment No. 5 was offered by Representative Davies: Page 2, line 21: Delete ", one of whom shall be a representative of the labor unions" Page 2, lines 30 and 31: Delete "two" Insert "one" Page 3, line 1: Delete "." Insert ";" Page 3, following line 1: Insert "; (9) one member appointed by the American Federation of Labor - Congress of Industrial Organizations; (10) one member appointed by the largest union representing public employees in the state." Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 5 YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Halcro, Harris, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Moses, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams 1999-04-29 House Journal Page 1084 SB 33 Nays: Coghill, Cowdery, Davis, Dyson, Foster, Green, Hudson, James, Kohring, Morgan, Mulder, Ogan, Porter, Therriault, Whitaker Excused: Joule Absent: Bunde And so, Amendment No. 5 was adopted. Amendment No. 6 was offered by Representative Davies: Page 1, line 2, following "Privatization" (title amendment): Insert ", Transfer" Page 2, line 17, following "PRIVATIZATION": Insert ", TRANSFER" Page 2, line 19; Page 3, lines 4, 10 and 13; Page 4, line 1, following "Privatization": Insert ", Transfer" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Ogan objected. The Speaker ruled Amendment No. 6 out of order. Amendment No. 7 was offered by Representative Ogan: Page 4, line 2, following "written": Insert "preliminary" Page 4, line 4, following "which": Insert "state agencies or functions should be" Representative Ogan moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Croft objected. 1999-04-29 House Journal Page 1085 SB 33 Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 33(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 33(FIN) am H will be in third reading on the April 30, 1999, calendar.