Legislature(1999 - 2000)

1999-04-29 House Journal

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1999-04-29                     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.